A. Purpose: This section sets forth the procedure for appealing an administrative decision applying provisions of this title.
B. Authority: An appeal authority, as set forth in particular provisions of this title, shall hear and decide appeals from administrative decisions applying the provisions of this title.
C. Initiation: Any person or entity, adversely affected by an administrative decision regarding a land use application may appeal such decision to the appeal authority specified in the procedural provisions of this chapter associated with such application.
1. Only a final decision of a land use authority may be appealed.
2. Only those decisions in which a land use authority has applied a land use ordinance to a particular application, person, or parcel may be appealed to an appeal authority.
3. An appeal may not be used to waive or modify the terms or requirements of this title. (Ord. 2012-15, 9-20-2012)
D. Procedure: An appeal of an administrative decision shall be considered and decided as provided in this subsection.
1. A complete appeal application shall be submitted to the community development director within ten (10) days of the decision which is appealed. If not submitted within ten (10) days, the appeal shall be barred.
2. The application shall be submitted in a form established by the community development director along with any fee established by the city's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the appellant and the appellant's agent, if any;
b. The decision being appealed; and
c. Grounds for the appeal.
3. After an application is determined to be complete, the community development director shall schedule a public meeting before the appeal authority as provided in this section. Notice of the public meeting shall be mailed to the appellant, the applicant/property owner and any other interested parties requesting notice of the proceedings. Prior to the meeting the community development director shall transmit to the appeal authority all papers constituting the record of the action which is appealed.
4. An appellant appealing an administrative decision of the city under this title may request a stay of all further proceedings concerning the matter which is the subject of the appeal. The request for stay shall be directed to the city manager, shall specify the proceedings which the appellant wishes to have stayed, and shall state the reasons for the request. The city manager may grant a stay if, in his/her judgement, the stay is necessary to preserve and protect the legal rights of the parties and the requested stay would not be contrary to the interests of the city. Any stay request granted by the city shall remain in effect until proceedings before the city have concluded.
5. A record of each administrative appeal shall be maintained in the community development department. (Ord. 2016-04, 4-14-2016)
E. Review Standard: An appeal authority shall review the record of decision and shall consider and decide the appeal in accordance with the standards of review set forth in section 13.06.050 of this title.
F. Appeal: Any person adversely affected by a final decision of an appeal authority may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801, as amended. (Ord. 2012-15, 9-20-2012)