(A) Any person adversely affected by any decision of the Appeals and Variance Hearing Officer may petition the district court for a review of the decision in accordance with UCA §§ 17-27a-801 et seq., as amended.
(B) In the petition, the plaintiff may only allege that the Appeals and Variance Hearing Officer’s decision was arbitrary, capricious, or illegal.
(C) The petition is barred unless it is filed within 30 calendar days after the Appeals and Variance Hearing Officer’s decision is final. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge the land use authority’s decision, in accordance with this subchapter.
(D) The Appeals and Variance Hearing Officer shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if available, a true and correct transcript of its proceedings. If the proceeding was tape-recorded, a transcript of that tape-recording is a true and correct transcript for purposes of this section.
(E) If there is a record, the District Court’s review is limited to the record provided by the Appeals and Variance Hearing Officer. The court may not accept or consider any evidence outside the Appeals and Variance Hearing Officer’s record unless that evidence was offered to the Appeals and Variance Hearing Officer and the court determines that it was improperly excluded.
(F) If there is no record, the court may call witnesses and take evidence.
(G) The court shall affirm the decision of the Appeals and Variance Hearing Officer if the decision is supported by substantial evidence in the record.
(H) The filing of a petition does not stay the decision of the Appeals and Variance Hearing Officer. Before filing the petition, the aggrieved party may petition the Appeals and Variance Hearing Officer to stay its decision. Upon receipt of a petition to stay, the Appeals and Variance Hearing Officer may order its decision stayed pending District Court review if the Appeals and Variance Hearing Officer finds it to be in the best interest of the county. After the petition is filed, the petitioner may seek an injunction staying the Appeals and Variance Hearing Officer’s decision.