A. Scope:
1. An applicant, a board, or officer of the city, or any person adversely affected by a land use authority's decision administering or interpreting this title may, within the time period provided by particular provisions of this title, appeal that decision to the appeal authority by alleging there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of this title.
2. An appeal authority shall conduct each appeal request as provided in this section.
B. Appealing A Land Use Authority's Decision:
1. An appeal authority shall determine the correctness of a decision by a land use authority in its interpretation and application of this title and shall give no deference to the land use authority.
2. An appeal authority:
a. Shall serve as the final arbiter of issues involving the interpretation or application of this title;
b. May not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority; and
c. May reverse or affirm, wholly or in part, or may remand the administrative decision to the land use authority from which the appeal was taken.
C. Multiperson Appeal Authority: In the case of a multiperson board, body, or panel which acts as an appeal authority, at a minimum the board, body, or panel shall:
1. Notify all members of any meeting or hearing of the board, body, or panel;
2. Provide all members with the same information and access to city resources;
3. Convene only if a quorum of its members is present; and
4. Act only upon the vote of a majority of its convened members, unless a greater number of majority votes is required by a particular provision of this title.
D. Consideration Of An Appeal:
1. Other than as provided in subsection D2 of this section, each administrative appeal review shall be de novo. The appeal authority shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the prior decision.
2. An appeal from a decision of the planning commission shall be based on the record.
a. No new evidence shall be heard by the city council unless such evidence was improperly excluded from consideration by the planning commission.
b. The city council shall review the decision based upon applicable standards and shall determine its correctness.
c. The city council shall uphold the planning commission's decision unless it is not supported by substantial evidence in the record or it violates a law, statute, or ordinance in effect when the decision was made.
3. If a provision of this title is determined by the appeal authority to be ambiguous the provision shall be construed in favor of the adversely affected person.
E. Duties Of Adversely Affected Persons:
1. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge a land use authority's decision, in accordance with applicable provisions of this title.
2. An adversely affected person shall present to the appeal authority every theory of relief that the person can raise in district court.
3. An adversely affected person has the burden of proving that the land use authority erred.
F. Panel Of Experts For Appeals Of Geologic Hazard Decisions:
1. An applicant of a decision of a land use authority administering or interpreting the city's geologic hazard ordinance may request the city to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
2. If an applicant makes a request under subsection F1 of this section, the city shall assemble the panel described in subsection F1 of this section consisting of, unless otherwise agreed by the applicant and the city:
a. One expert designated by the city;
b. One expert designated by the applicant; and
c. One expert chosen jointly by the city's designated expert and the applicant's designated expert.
3. A member of the panel assembled by the city under subsection F2 of this section may not be associated with the application that is the subject of the appeal.
4. The applicant shall pay:
a. One-half (1/2) of the cost of the panel; and
b. The city's published appeal fee. (Ord. 2012-15, 9-20-2012)