Scope of review of factual matters on appeal -- Appeal authority requirements.

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  • (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
  • (2) If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.
  • (3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
  • (4) The appeal authority shall:
    • (a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
    • (b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
  • (5)
    • (a) An appeal authority's land use decision is a quasi-judicial act.
    • (b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
  • (6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.




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