A. Appeals. Any person adversely affected by a decision under this chapter may file an appeal of that decision no later than thirty days from the date of the decision, permit, or action which is the subject of the appeal. Untimely appeals are subject to dismissal with prejudice.

B. Staff Appeals or Planning Commission Appeals. Decisions of the staff, the DRT, or the Planning Commission shall be appealed to the appeal authority. Any subsequent appeal shall be to the Seventh Judicial District Court.

C. Review on Record. Appeals shall be a review of the record which was submitted to the applicable land use authority. Upon the filing of an appeal the staff shall assemble the record of proceeding and forward same to the appeal body or court, as applicable, and the parties. If the record is particularly voluminous, the City may require the appellant to pay the reasonable costs of assembly and copying of the record.

D. Standard of Review. In any administrative or judicial appeal the decision under review shall be reviewed on the basis of the record before the land use authority. The decision of the land use authority shall be affirmed unless it is found to be arbitrary, capricious, or illegal. The appellant has the burden of proof in any appeal, which shall clearly and concisely state reasons why the land use authority decision was erroneous. Except in the case of Level I appeals by adversely affected persons, to preserve an issue for judicial review, the appellant must first have exhausted its administrative remedies by presenting any claimed point of error to the attention of the applicable land use authority prior to seeking appellate review. In the case of a Level I appeal by an adversely affected person, that party shall be permitted to supplement the record and provide additional information to the appeal authority in support of its appeal.

E. Time for Judicial Review. A judicial action seeking review of the appeal authority must be commenced no later than thirty days from the date of the final written decision or order of the appeal authority. Untimely appeals are subject to dismissal with prejudice. (Ord. 17-18 (part), 2017)