This Chapter is provided to allow the Applicant, a board, or officer of the city, or any other person who believes they have been adversely affected by a decision of a Land Use Authority to appeal that decision to an Appeal Authority, as identified by this Chapter.

As provided by Part 7 of LUDMA, and to provide for appeals of decisions of the City’s Land Use Authority administering or interpreting the City’s Land Use Ordinances, appeal authority is hereby provided to the Land Use Hearing Officer. Any person aggrieved by a decision of the commission, city planner or administrative city council decisions may file an appeal petition with the Land Use Hearing Officer.

1. An Appeal Petition of a Land Use Authority’s decision shall clearly identify the alleged error in any order, requirement, decision, or determination made by the Land Use Authority in the administration or interpretation of the City’s Land Use Ordinances.
2. Only those decisions in which a Land Use Authority has applied the requirements of the City’s Land Use Ordinances to a particular Application, person, lot, or parcel may be appealed to an Appeal Authority.

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 the requirements of this Chapter.
2. An Appeal Authority shall:
   1. Act in a quasi-judicial manner; and
   2. Serve as the final arbiter of issues involving the interpretation or Application of the City’s Land Use Ordinances; and
   3. 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.
3. An Appeal Authority shall require an adversely affected party to present every theory of relief that it can raise in District Court.
4. An Appeal Authority shall not require an adversely affected party to pursue duplicate or successive appeals before it, or another Appeal Authority as a condition of the adversely affected party's duty to exhaust administrative remedies.

1. An Appeal of a Land Use Authority’s decision shall be made on the Appeal Application, provided by the City.
2. An Appeal Application shall be determined complete by the Planner, as provided by VZC 15.52.060. If an Appeal Application is determined to be incomplete, the Planner shall comply with the requirements of VZC 15.52.070.

1. After an Appeal Petition is determined to be complete by the Planner, as provided herein, the Planner shall coordinate with the Appeal Authority to schedule the hearing of the appeal. The Planner shall transmit to the Appeal Authority all materials constituting the full and complete record of the decision of the Land Use Authority.
2. Following a written decision by the Appeal Authority, as provided by VZC 15.52.110, the Appeal Authority shall provide the Applicant with a copy of the written decision.
3. A record of the decisions of the Appeal Authority shall be maintained in the Office of the City Recorder, which shall constitute the official record of the appeal hearing and decision.

1. Each Appeal Authority, identified by this Chapter, shall conduct each appeal hearing as provided herein.
2. Each Appeal Authority, identified herein, shall respect the due process rights of each of the participants.

1. Any person bringing an appeal and alleging an error of a Land Use Authority’s decision administering or interpreting the City’s Land Use Ordinances has the burden of proving that the Land Use Authority erred.

1. Each Appeal Authority identified by 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 and originally before the Land Use Authority in making the decision that is the subject of the appeal.
2. The Appeal Authority, as identified by this Chapter, shall determine the correctness of a decision of the Land Use Authority in its interpretation and Application of the Land Use Ordinances.
3. Only those decisions in which a Land Use Authority has applied the requirements of the City’s Land Use Ordinances to a particular Application, person, lot, or parcel may be appealed to an Appeal Authority.
4. An Appeal Application shall not be used to waive, modify, or amend any requirement, provision, or term of the Land Use Ordinances.

1. A decision of each Appeal Authority, as identified herein, 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.

1. Required Time for Filing.
   1. No person may challenge in District Court a decision of a Land Use Authority until that person has exhausted all administrative remedies as provided by this Chapter and received a final decision from the Appeal Authority, as provided by VZC 15.52.110.
   2. Any person adversely affected by a final decision made in the exercise of, or in violation of, the provisions of this Chapter may file an Appeal Petition for review of the decision with the District Court within thirty (30) days after the Local land use decision is final.
   3. An Appeal Petition is barred unless it is filed within thirty (30) days after the Appeal Authority's decision is final.
2. Tolling of Time.
   1. The required time for filing for District Court review shall be tolled from the date the any person files a request for arbitration of a constitutional taking issue with the property rights ombudsman, as provided by § 63-34-13 U.C.A., 1953, as amended, until thirty (30) days after:
      1. The arbitrator issues a final award; or
      2. The property rights ombudsman issues a written Statement under § 63-34-13(4)(b) U.C.A., 1953, as amended, declining to arbitrate or to appoint an arbitrator.
   2. A tolling under this Section operates only as to the specific constitutional taking issue that is the subject of the request for arbitration filed with the property rights ombudsman by a property owner.
   3. A request for arbitration filed with the property rights ombudsman after the time under this Section to file an Appeal Petition has expired does not affect the time to file an Appeal Petition.
3. Standards Governing Court Review.
   1. The Court shall:
      1. Presume that a decision or regulation made under the authority of the Land Use Ordinance, and LUDMA, is valid; and
      2. Determine only whether or not the decision or regulation is arbitrary, capricious, or illegal.
   2. A decision, ordinance, or regulation of the Council involving the exercise of legislative discretion is valid if the decision, ordinance, or regulation is reasonably debatable and not illegal.
   3. A decision of a Land Use Authority or an Appeal Authority involving the exercise of administrative discretion is valid if the decision is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.
   4. A determination of illegality requires a determination that the decision, ordinance, or regulation violates a law, statute, or ordinance in effect at the time the decision was made or the ordinance or regulation adopted.
   5. The time requirements for the filing of an Appeal Petition with District Court, as provided by this Section apply from the date on which the Land Use Authority takes final action on a land use Application for any adversely affected third party, if the Land Use Authority conformed with the notice provisions of this Ordinance, as applicable, or for any person who had actual notice of the pending decision.
   6. If the City has complied with the notice requirements, as provided by this Ordinance, a challenge to the enactment of this Ordinance or the enactment of the General Plan may not be filed with the District Court more than thirty (30) days after the enactment.
4. Appeal Authority – Review on the Record.
   1. The Council, acting as a Land Use Authority, or Appeal Authorities, as the case may be, shall transmit to District Court the record of its proceedings, including its minutes, findings, orders, and, if available, a true and correct transcript of its proceedings.
   2. If the proceeding was tape-recorded, a transcript of that tape recording is a true and correct transcript for purposes of this Section.
   3. If there is a record, the District Court's review is limited to the record provided by the Land Use Authority, or Appeal Authority, as the case may be.
   4. The court may not accept or consider any evidence outside the record of the Land Use Authority or Appeal Authority, as the case may be, unless that evidence was offered to the Land Use Authority or Appeal Authority, respectively, and the court determines that it was improperly excluded.
   5. If there is no record, the court may call witnesses and take evidence.
   6. The filing of an Appeal Petition does not stay the decision of the Land Use Authority, or Appeal Authority, as the case may be.
5. Staying of Decision.
   1. Before filing an Appeal Petition under this Section, or a request for mediation or arbitration of a constitutional taking issue under § 63-34-13 U.C.A., 1953, as amended, the aggrieved party may petition the Appeal Authority to stay its decision.
   2. Upon receipt of a petition to stay, the Appeal Authority may order its decision stayed pending District Court review if the Appeal Authority finds it to be in the best interest of the City.
   3. After an Appeal Petition is filed under this Section, or a request for mediation or arbitration of a constitutional taking issue is filed under § 63-34-13 U.C.A., 1953, as amended, the petitioner may seek an injunction staying the Appeal Authority's decision.