(A) Any person, including the applicant, and any officer, department, board or body of the city, believing they are adversely affected by a final decision of a Land Use Authority, as applicable, interpreting or administering this chapter, or a final decision related to a land use application, may appeal the decision to the city’s Appeal Authority, that may include the city’s Land Use Hearing Officer.
(B) 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.
(C) Any person, including the applicant, and any officer, department, board or body of the city claiming to be adversely affected by the Land Use Authority’s decision may, within ten calendar days of the decision, appeal the decision to 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.
(D) The appellant has the burden of proving that the Land Use Authority erred.
(E) The Appeal Authority, as applicable, shall conduct each appeal as provided by this section.
(F) The Appeal Authority, as applicable, shall respect the due process rights of each of the participants.
(G) Scope of review of factual matters on appeal - Appeal Authority requirements. The scope of review of all factual matters shall be on the record. The Appeal Authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. The Appeal Authority shall:
(1) Determine the correctness of the Land Use Authority's interpretation and application of the plain meaning of the ordinance; and
(2) Interpret and apply the ordinance to favor a land use application unless the ordinance plainly restricts the land use application.
(H) Final decision.
(1) The Appeal Authority's land use decision is a quasi-judicial act. The decision of the Appeal Authority takes effect on the date when the Appeal Authority issues a written decision.
(2) A written decision constitutes a final decision under U.C.A. 10-9a-801(2)(a) or a final action under U.C.A. 10-9a-801(4) of the Act, as amended.
(Prior Code, § 25.13.040) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)