(A) Burden of proof. Any applicant bringing an appeal and alleging an error of a land use authority decision administering or interpreting this chapter has the burden of proving that the land use authority erred.
(B) Conduct of review. Each appeal authority identified in this chapter shall hear and review all appeal matters “on the record”, including the review of all factual matters. Each appeal authority shall only consider the materials presented originally before the land use authority in making the decision that is the subject of an appeal.
(C) Determination of correctness. The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of a land use.
(D) Decisions appealable. Only those decisions in which a land use authority has applied the requirements of this chapter to a particular application, person or parcel may be appealed to an appeal authority.
(E) Application for appeal limited. An application for an appeal shall not be used to waive, modify or amend any requirement, provision or term of this chapter.
(F) Effective date of decision. A decision of each appeal authority shall take effect on the date when the appeal authority, as applicable, issues a written decision, which shall constitute a final decision by the city in the matter.
(Prior Code, § 10-14-6) (Ord. passed 8-10-2006)