A. Subject to subsection D, an appeal may be made to the Appeals and Variance Hearing Officer from any decision, determination or requirement of the Zoning Administrator or Planning Commission hereunder by filing with the community development department an application and notice thereof in writing within ten (10) calendar days after such decision, determination or requirement is made. Such notice shall set forth in detail the action and grounds upon which the subdivider or other adversely affected party deems themselves adversely affected.
B. The Zoning Administrator shall set the appeal for hearing before the Appeals and Variance Hearing Officer within a reasonable time after receipt of the appeal. Such hearing may be continued by order of the Appeals and Variance Hearing Officer. The appellant shall be notified of the appeal hearing date at least seven (7) calendar days prior to the hearing. After hearing the appeal, the Appeals and Variance Hearing Officer may affirm, modify, or reverse the decision, determination or requirement appealed and enter any such orders as are in harmony with the spirit and purpose of this title. The Appeals and Variance Hearing Officer shall notify the appellant in writing of its ruling. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Appeals and Variance Hearing Officer.
C. An adversely affected party may appeal the Appeals and Variance Hearing Officer's decision to District Court as provided in Utah Code Annotated title 10, chapter 9a.
D. An applicant may appeal the city's failure to respond within twenty (20) business days on the fourth or final review described in Section 17-1-080(B)(6). If the City fails to respond within 20 business days on the fourth and final review, the City shall, upon request of the property owner, and within 10 business days after the day on which the request is received:
1. For a dispute arising from the subdivision improvement plans, assemble an appeal panel, in accordance with Utah Code 10-9a-508(5)(d), to review and approve or deny the final revised set of plans; or
2. For a dispute arising from the subdivision ordinance review, advise the applicant in writing of the deficiency in the application and of the right to appeal the determination to the Appeals and Variance Hearing Officer in accordance with this section. (Ord. 1332, 7-10-2018; amd. Ord. 1408, 10-15- 2019; Ord. 1498, 8-3-2021; Ord. 1601, 1-16-2024)