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A. Established: In order to provide for just and fair treatment in the administration of this title, and to ensure that substantial justice is done, an Appeal Board is hereby established to exercise the powers and duties specified herein. The Appeal Board shall consist of three (3) members.
B. Qualifications, Appointment, And Compensation:
1. Appeal Board members shall consist of:
a. One member professionally trained in land use, law, or public administration;
b. One member who is not a City resident; and
c. One member who is a City business owner.
2. No member of the Appeal Board shall be a member of the City Council, the Planning Commission, or City staff.
3. Appeal Board members shall be appointed by the Mayor with the advice and consent of the City Council.
4. Appeal Board members shall be compensated in accordance with a contract approved by the City Council.
C. Standards Of Actions:
1. The Appeal Board shall:
a. Act in a quasi-judicial manner; and
b. Serve as the final arbiter of issues involving the interpretation or application of land use ordinances.
D. Powers And Duties:
1. The Appeal Board is hereby designated as the Land Use Authority to hear and decide the following matters:
a. Applications for a determination of special exceptions, as provided in section 10-7-11 of this title;
b. Applications for a variance from the terms of this title, as provided in section 10-7-12 of this title;
c. Applications to determine the existence, expansion or modification of a nonconforming use or noncomplying structure, as provided in section 10-7-14 of this title.
2. The Appeals Board is hereby designated as the Appeal Authority to hear and decide the following matters:
a. Appeals from Planning Commission decisions regarding conditional use permits, as provided in section 10-7-9 of this title;
b. Appeals from administrative decisions by the Zoning Administrator applying the provisions of this title.
E. Appeals: Appeals to the Appeals Board shall be filed in writing with the City Recorder within fourteen (14) days from the date of the decision or action appealed and shall state the grounds for the appeal. The officer or department from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
F. Notice Of Hearing: The Appeals Board shall fix a reasonable time for the hearing of each appeal, give public notice thereof and due notice to the parties in interest as provided in section 10-7-4 of this title.
G. Decisions Of The Board: At the hearing of any matter the parties affected may appear in person with or without an attorney. The Appeals Board shall decide all appeals and other issues brought before it within a reasonable time.
H. Stay Of Proceedings: An appeal to the Appeals Board shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board that by reason of the facts stated in the appeal, a stay would in his or her opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Appeals Board or by the District Court upon application, notice, and due cause shown.
I. Restrictions On Scope Of Appeal:
1. Only land use decisions applying the land use ordinance to a particular application, person, or parcel may be appealed to the Appeal Board.
2. The Appeal Board may not consider any land use ordinance amendments.
3. Appeals may not be used to waive or modify the terms or requirements of the land use ordinance.
J. Burden Of Proof: The person or entity making the appeal has the burden of proving that an error has been made. Every appeal shall refer to the specific provisions of the ordinance involved and shall exactly set forth the error that is claimed. The appealing party is required to present to the Appeal Authority every theory of relief that it could raise in District Court.
K. Standards: In reviewing an action or decision from which an appeal has been taken, the Appeal Authority shall apply the appropriate standards, requirements or criteria as specified within this title and State law for such action or decision, and accordingly shall review the action or decision only to determine if an error was made in applying the land use ordinance.
L. Stay Of Action: An appeal stays all proceedings in furtherance of the action appealed from unless the City Council finds and certifies to the Appeal Authority that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order issued by the District Court.
M. Administrative Powers On Appeal: In his/her decision, the Appeal Authority may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed. At the public meeting, the Appeal Authority may continue consideration to a later date. If consideration of the appeal is adjourned, within thirty five (35) days following the closing of the public meeting on an appeal, the Appeal Authority shall act on the appeal at a public meeting held in conformance with Utah Code Annotated title 52, chapter 4, Open and Public Meetings.
N. Decision And Findings: The Appeal Authority's decision takes effect on the date his or her written decision is issued. The decision of the Appeal Authority regarding the appeal shall contain a full record of the findings of the body in the particular case. The Appeal Authority's decision constitutes a final, appealable decision.
O. District Court Review Of Appeal Authority Decision: No decision of an official or administrative body of the City administering or interpreting the land use ordinance may be appealed directly to the District Court. Before petitioning for District Court review, a person must exhaust all administrative remedies by appealing to the Appeal Board in accordance with this section and receiving a final decision issued by the Appeal Board. Any person adversely affected by any decision of the Appeal Board, including the City Council, may file a petition for review of the decision with the District Court within thirty (30) days of the Appeal Board's final decision. The right to file a petition for review of the Appeal Board's decision is lost if the petition is not filed within thirty (30) days of the decision.
1. In the petition, the plaintiff may allege only that the Appeal Board's decision was not supported by substantial evidence or was arbitrary, capricious or illegal. The court shall review the decision of the Appeal Board pursuant to the standards found in Utah Code Annotated 10-9a-801(3).
2. The Appeal Board shall transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders and if available, a true and correct transcript of its proceedings. If the proceeding was recorded, a transcript of that recording is a true and correct transcript for purposes of this subsection.
3. The filing of a petition does not stay the decision of the Appeal Board. However, before filing the petition, the aggrieved party may petition the Appeal Board to stay its decision. Upon receipt of a petition to stay, the Appeal Board may order its decision stayed pending District Court review if the Appeal Board finds it to be in the best interest of the Municipality.
4. After the petition is filed the petitioner may seek an injunction staying the Appeal Board's decision.
5. The petitioner may not present any information, evidence, or theory of relief that was not presented to the Appeal Board.
P. Appeals From The Board: Any person aggrieved by a final decision of the Appeals Board may appeal such decision to District Court, provided that the petition for such relief is presented to the court within thirty (30) days from the date of the decision of the Appeals Board. (Ord. 2018-11, 9-20-2018)