An applicant, a board or officer of the city, or any person adversely affected by the land use authority's decision applying a land use ordinance may, within the time period provided in SMC A of this section, appeal that decision to the administrative appeals hearing officer by alleging there is error in any order, requirement, decision, or determination made by the land use authority in the decision applying the land use ordinance. When an appeal is taken from a decision of the land use authority, the city recorder shall immediately transmit to the administrative appeals hearing officer all papers, if any, constituting the record upon which the action appealed from was taken.

1. Time To Appeal; Filing Fee: Any appeal, pursuant to this section, must be filed in writing, on forms provided by the city, with the office of the city recorder within ten (10) calendar days of the issuance of the written decision applying the land use ordinance. Upon the filing of any appeal with the city recorder, the appellant shall pay to the city recorder, the fee prescribed in the most recently adopted prevailing fee schedule of the city. The city recorder shall transmit no papers or record to the administrative appeals hearing officer and the administrative appeals hearing officer shall not consider any appeal unless and until such fee has been paid.
2. Time For Hearing Appeal: The administrative appeals hearing officer should hear the appeal within fifteen (15) to thirty (30) days of the date the appeal was filed.
3. Written Statement Setting Forth Theories Of Relief Required: The appellant shall deliver to the administrative appeals hearing officer and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief he intends to raise at the hearing, along with a brief statement of facts in support thereof.
4. Condition Precedent To Judicial Review: No person, board or officer of the city may seek judicial review of any decision applying the land use ordinance until after challenging the land use authority's decision in accordance with this part. No theory of relief may be raised in the district court unless it was timely and specifically presented to the administrative appeals hearing officer.
5. Standard Of Review And Burden Of Proof On Appeal: The administrative appeals hearing officer shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is on the appellant.
6. Due Process Rights: The administrative appeals hearing officer shall respect the due process rights of each participant. Any appellant may appear at any hearing or other proceeding before the administrative appeals hearing officer in person or by an attorney of his/her choice.
7. Stay On Appeal: An appeal filed in accordance with this section stays all proceedings in the appeal activity, unless the officer from whom the appeal is taken certifies to the administrative appeals hearing officer that by reason of facts stated in the certificate the stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the administrative appeals hearing officer or by the district court on application and notice and on due cause shown.
8. Conditional Use Permit Appeals: The city council shall continue to hear and decide appeals from the planning commission decisions regarding conditional use permits.
9. Direct Appeal To District Court: Notwithstanding the forgoing, decisions of the city council relative to adopting or amending the general plan or any other land use ordinance may only be appealed directly to the district court.
10. Decision Of Appeal: In exercising the above mentioned powers and authority, the administrative appeals hearing officer may affirm or reverse, wholly or in part, or may modify the order, requirement, decision or determination of a land use authority.

Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the administrative appeals hearing officer for a variance from the terms of the ordinance.

1. The administrative appeals hearing officer may grant a variance only if:
   1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
      1. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
      2. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
      3. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      4. The spirit of the land use ordinance is observed and substantial justice done.
   2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this SMC A, the administrative appeals hearing officer may not find an unreasonable hardship unless the alleged hardship:
      1. Is located on or associated with the property for which the variance is sought; and
      2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
   3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this SMC A, the administrative appeals hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
   4. In determining whether or not there are special circumstances attached to the property under this SMC A, the administrative appeals hearing officer may find that special circumstances exist only if the special circumstances:
      1. Relate to the hardship complained of; and
      2. Deprive the property of privileges granted to other properties in the same zone.
2. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
3. Variances run with the land.
4. The administrative appeals hearing officer may not grant a use variance.
5. In granting a variance, the administrative appeals hearing officer may impose additional requirements on the applicant that will:
   1. Mitigate any harmful effects of the variance; or
   2. Serve the purpose of the standard or requirement that is waived or modified.