§ 16-454. Appeals.

(a)

Jurisdiction-administrative appeals.

(1)

Appeal of any action authorized by section 16-51 of the County of Los Alamos Development Code and taken by the community development director is to the planning and zoning commission.

(2)

Appeal of any interpretation of the County of Los Alamos Development Code by the community development director made in accordance with section 16-51 is to the planning and zoning commission.

(3)

Appeal of any action taken by the variance board is to the county council.

(4)

Appeal of any action taken by the planning and zoning commission, other than appeals heard by the planning and zoning commission, is to the county council.

(5)

Appeal of a decision of the planning and zoning commission acting as an appellate body is to the district court as provided by law.

(6)

Appeal of a decision of the county council is to the district court as provided by law.

(b)

Applications.

(1)

Administrative appeals shall be filed at the community development department. Any decision which can be appealed under article XI is final unless appeal is initiated by application to the county within 15 days of the announced decision. The county may prescribe forms for appeal, in which event the appeal must be made on the prescribed form. The date of a determination is not included in the 15-day period for filing an appeal, and if the 15th day falls on a Saturday, Sunday, or county holiday, the appeal must be filed no later than the next business day.

(2)

Persons who have a personal or pecuniary interest or property right adversely affected by the decision, which right or interest is more than merely nominal or remote, may file an appeal of the decision made pursuant to the Los Alamos County Code. The following persons are deemed to meet this criteria:

a.

Persons who were parties at the hearing conducted by the decision-making authority, or the applicant for those matters decided by the community development director without a public hearing.

b.

Persons who own a property interest within 300 feet of the subject site or whose property will be adversely affected by the decision.

c.

An organized neighborhood association, if the subject site or a portion thereof is within the association's boundaries or within 300 feet of the subject site.

(3)

Applications for an appeal that do not articulate the reasons for the appeal and specifically cite one or more alleged errors will not be accepted and will be returned to the appellant. Errors may include:

a.

Failure to apply adopted plans, policies, and ordinances in arriving at the decision;

b.

Factual error;

c.

Action that is arbitrary, capricious, or a manifest abuse of discretion.

(c)

Procedure. Appeal procedures are as set out in this section and in article XII.

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.22.040; Ord. No. 85-301, § 16, 11-6-01; Ord. No. 02-007, § 7, 6-11-02)