Lesson 4 – Can A Conditional Use Be Appealed?

Yes!  Pursuant to §10-9a-703, a land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision the the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance.

Note: Adversely affected party is defined as a person other than a land use applicant who owns real property adjoining the property that is subject of a land use application or land use decision, or will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. (§10-9a-103)

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