10-3-3: STANDARD OF REVIEW – APPEALS:
A. The appeal authority shall ensure due process for the applicant and the adversely affected parties.
B. At all times, the appellant bears the burden of proof that the land use authority’s decision was in error.
C. The appeal authority shall review the facts “de novo,” without deference to the land use authority’s determination of factual matters.
D. The appeal authority shall:
1. Determine the correctness of the land use authority’s interpretation and application of the plain meaning of the land use regulations; and
2. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
E. Within a reasonable time, the appeal authority shall issue a written decision, supported by findings of fact and conclusions of law consistent with the standards provided herein. (Ord. 2019-10-002, 10-10-2019)