A. Scope: A party bringing an appeal may allege that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. Appeals to the appeal authority may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by a decision of the land use authority administering or interpreting the land use ordinance. However, only those decisions in which a land use authority has applied a land use ordinance to a particular application, person, or parcel may be appealed to the appeal authority.
B. Time For Appeal: Appeals must be brought within thirty (30) days after said decision is rendered or (if the decision is in writing) after the decision is issued in writing.
C. Burden Of Proof: A party bringing an appeal to the appeal authority must present every theory of relief that the party could raise in district court, and has the burden of proving that the land use authority erred.
D. Standard Of Review: The standard of review to be used by the appeal authority in reviewing the decision of the land use authority is different for findings of fact than for questions of law or mixed questions of law and fact.
1. For findings of fact, the appeal authority must defer to the factual findings of the land use authority, and may not reverse these findings of fact unless the appeal authority finds them to be clearly erroneous because they are against the clear weight of the evidence.
2. For questions of law or mixed questions of law and fact, such as the interpretation and application of a land use ordinance, the appeal authority is not required to defer to the land use authority, but must only ascertain that the question of law, or mixed question of law and fact, was decided correctly.
E. Decision On Appeal: The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of the land use ordinance. In reaching its decision, the appeal authority may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly the decision appealed from.
The concurring vote of three (3) members of the appeal authority shall be necessary in its decision. The decision of the appeal authority shall take effect and be considered final on the date when the appeal authority issues a written decision. (Ord. 2007-28, 10-17-2007)