1. Appeals concerning discretionary administrative determinations requiring dedications or exactions for the use, improvement, or development of real property, and/or the adoption or amendment of zoning regulations that are alleged to create a taking of property under state law, shall follow the procedure in subsection 8.8.E(4).

2. An appeal of all other decisions of an administrative office, agency, or commission made in the administration or enforcement of this Code shall be made to either the Board of Adjustment or City Council, as indicated in Table 8.1, Summary Table of Review Procedures, and shall follow the procedure in subsection 8.8.E(3).

1. Burden of Proof on Appellant

The person or group or persons making the appeal (the appellant) shall have the burden of proving the necessary facts to warrant approval of an appeal by the appropriate decision-making body. Such proof shall include applicable specific section references within this Code, and shall be provided at the time of application.

2. Time Limit

The appeal shall be filed within 15 days of the decision, by the applicant or any member of the general public. If the fifteenth day falls on a weekend holiday, or other day on which the City is closed, the next business day shall be the final day to submit an appeal.

3. Stay of Proceedings

An appeal stays all proceedings and activity from further action on the subject decision unless the Director determines that a stay would create adverse impacts to the health, safety, or welfare of the City or would cause imminent peril to life and property. Such determination shall be made only after written request to the Director.

1. The appeal decision-making authority may reverse a previous decision in whole or in part, or may modify the order, requirement, decision, or determination appealed from.

2. The appeal decision-making authority may attach conditions of approval on any appeal to ensure the health, safety, and welfare of the City.

1. The facts stated in the application, as presented by the appellant and/or the Director;

2. The requirements and intent of the applicable standards from this Code compared to the written decision that is being appealed;

3. Evidence related to how the applicable standards from this Code have been administered or interpreted in the past; and

4. Consistency with the Sedona Community Plan, any applicable CFA or specific area plan, or other City-adopted plan.

1. The requirement of a dedication or exaction as a condition of granting approval for the use, improvement, or development of real property; or

2. The adoption or amendment of a zoning regulation that creates a taking of property in violation of A.R.S. § 9-500.13.

1. The Community Development Department shall notify property owners of their right to appeal the City’s action, pursuant to subsection 8.8.E(4)a, and shall provide a description of the appeal procedure.

2. The property owner’s appeal shall be in writing and filed with the Community Development Department or mailed to the Chairperson of the Board of Adjustment within 30 days after the date the final action is taken and property owner notified by certified mail/return receipt requested. The City shall submit a takings impact report to the Chairperson of the Board of Adjustment. There shall be no fee for such appeal.

3. Not later than 30 days after receipt of an appeal, the Chairperson of the Board of Adjustment shall schedule a time for the appeal to be heard by the Board. The property owner shall be given at least 10 days’ notice of the time when the appeal will be heard unless the property owner agrees to a shorter time period.

4. In all such appeal hearings the City has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest, and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development or in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation of A.R.S. § 9-500.13. If more than a single parcel is involved, this requirement applies to the entire property.

5. The Board of Adjustment shall decide the appeal within five working days after the appeal is heard. If the City does not meet the burden set forth above, the Board shall:

6. If the Board of Adjustment modifies or affirms the dedication, exaction, or zoning regulation requirement, the property owner aggrieved by that decision may, at any time within 30 days after the date the Board’s decision is mailed to the property owner by certified mail/return receipt requested, file a complaint in the appropriate Superior Court for a trial de novo on the facts and the law regarding the issues of the condition or requirement for the dedication, exaction or zoning regulation. [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].