(A) All appeals of a county land use decision shall be filed and heard by the Administrative Law Judge appointed, authorized, and governed by this chapter.
(B) Only an applicant of a land use decision or “adversely affected party” as defined under the County Land Use Development and Management Act (CLUDMA) may appeal a final land use decision to the Administrative Law Judge.
(C) Any appeal of a land use decision must be made within ten business days of the decision or of constructive notice thereof, whichever is later.
(1) An applicant or adversely affected party must appeal by filing a “notice of appeal” with the County Clerk or Chief Administrative Officer. The notice of appeal will include the following: a reason or reasons that the appellant is entitled to relief from the land use decision; a copy of the land use decision; and the name of the appellant with an address to which all notices or orders shall be sent.
(2) A failure to appeal as required by this chapter may result in summary dismissal by the Administrative Law Judge.
(D) Whenever an appeal is brought by a party other than the applicant or property owner under this chapter:
(1) The applicant and/or property owner of the property in dispute shall be notified of the appeal within 14 business days after the notice of appeal is received by the Administrative Law Judge. A copy of the notice of appeal will be provided with the notification.
(2) In addition to the appellant, the applicant or property owner has a right to be approved by the Administrative Law Judge as an intervening party in the appeal.
(E) The Administrative Law Judge is to review the land use decision. The county is to provide the documentation relied upon in making its decision, and, if applicable, an official recording if available. Both the appellant and the county may supplement with additional information that may not have been provided by or to the county.
(F) The scope of the appeal shall be the land use decision being appealed, the grounds for relief raised by the appellant, issues the Administrative Law Judge determines may be raised by a party in court after the final administrative decision, and any requirements of county ordinances, policies, and procedure.
(G) The review of factual matters by the Administrative Law Judge shall be de novo. The Administrative Law Judge may request that the parties narrow the factual matters or issues which are subject to de novo review.
(H) The Administrative Law Judge shall: presume that the land use decision of a land use authority is valid; and uphold the land use decision unless the land use decision is: (A) arbitrary and capricious; or (B) illegal.
(1) For purposes of appeal: A land use decision is arbitrary and capricious if the land use decision is not supported by substantial evidence in the record.
(2) A land use decision is illegal if the land use decision is:
(a) Based on an incorrect interpretation of the land use regulation; or
(b) Contrary to law.
(I) If multiple land use decisions were made and timely appealed regarding the same subject property and are subject to inseparable interests by nature of the same project, property at issues, or the alleged injury to be caused, those shall be consolidated into a single appeal before the Administrative Law Judge.
(J) The Administrative Law Judge may reverse the land use decision, affirm the land use decision, affirm in part and/or reverse in part, modify a condition or requirement, attach conditions or requirements, remand the land use decision to the land use authority, and make any such order as ought to be made consistent with its decision.
(K) On a question of law pertaining to the interpretation of CLUDMA, the Administrative Law Judge may request an opinion from the County Attorney’s Office prior to issuing any final decision on an appeal. The legal opinion will be provided in writing to all parties and become part of the appeal record. The legal opinion is not the final decision and is not binding on the Administrative Law Judge. The Administrative Law Judge must issue a written final decision.
(L) The Administrative Law Judge may grant variances to county land use or zoning ordinances.
(Ord. 2020-11, passed 9-2-2020; Ord. 2023-03, passed 5-16-2023)