A.   Regulations: Section 11-1-3, table 11.1, "Land Use And Appeal Authority", of this chapter identifies the Appeal Authority and time limit for appeal for each type of land use application. Aggrieved applicants may appeal the decision of the land use authority to the appeal authority within the specified time limit. Appeals shall be filed by a written statement submitted to the city recorder detailing the grounds upon which the aggrieved applicant is appealing the land use authority's decision. Upon receipt of such an appeal it shall be placed on the next available appeal authority's agenda for which the item may be reasonably scheduled. The following provisions apply generally to appeals to land use applications and decisions:
      1.   The appellant may only allege the land use authority erred in administering or applying the ordinance.
      2.   The appellant has burden of proof.
      3.   All theories whereby an appellant would appeal are raised to the appeal authority before appealing to district court.
      4.   Legislative decisions shall be valid if reasonably debatable and not illegal.
      5.   Administrative or quasi-judicial decisions shall be valid if supported by substantial evidence and not illegal.
   B.   Right Of Appeal: Any person aggrieved by, or any officer, department, council, commission, board or bureau of the city affected by, any decision of the planning and zoning administrator, planning commission, or city council in the administration of this title, may appeal such decision in accordance with the provisions of this chapter.
   C.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the planning and zoning administrator, planning commission, or city council certifies to the appeal authority, as appropriate, that by reason of facts stated a stay would, in their opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the appropriate appeal authority or by the district court on application and notice and on due cause shown.
   D.   Hearing: The appeal authority shall schedule a hearing for the appeal at a public meeting. Upon hearing the appeal and reviewing all relevant information submitted, the appeal body may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all the powers of the land use authority. The appeal authority may continue the hearing at a later time and date, as is reasonable and as may be necessary. A concurring vote of a simple majority of the total membership of the appeal authority shall be necessary to reverse any order, requirement or determination of the land use authority.
   E.   Judicial Appeals: Any person aggrieved by, or affected by, any decision of the city council on a land use application may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) calendar days after the decision.
   F.   Fee: The appellant of a decision on a land use application by city staff or the planning commission shall pay the fee specified in the city's current consolidated fee schedule. (Ord. 2009-17, 11-24-2009)