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A. Purpose: This section sets forth procedures for appealing an administrative decision applying provisions of this title. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
B. Authority: The Appeal Board shall hear and decide appeals from administrative decisions applying the provisions of this title as provided in this section. (Ord. 2018-12, 10-18-2018)
C. Initiation: Any person, or any officer, department, board or bureau of the City, adversely affected by a decision administering or interpreting a provision of this title may appeal to the Appeal Board as provided in subsection D1 of this section. A complete application for an appeal shall be filed within fourteen (14) days of the decision which is appealed. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2018-12, 10-18-2018)
1. Only decisions applying this title may be appealed to the Appeal Board.
2. A person may not appeal, and the Appeal Board may not consider, any amendment to this title. Appeals may not be used to waive or modify the terms or requirements of this title. (Ord. 2018-12, 10-18-2018)
D. Procedure: An appeal of an administrative decision to the Appeal Board shall be considered and processed as provided in this subsection. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2018-12, 10-18-2018)
1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator 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 applicant and the applicant's agent, if any;
b. The decision being appealed;
c. Grounds for the appeal; and
d. A description of the action claimed by the applicant to be incorrect. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. After an application is determined to be complete, the Zoning Administrator shall schedule a public meeting before the Appeal Board as provided in section 10-7-4 of this chapter. Prior to the hearing the Zoning Administrator shall transmit to the Appeal Board all papers constituting the record of the action which is appealed.
3. Upon receipt of a complete application for an appeal all further proceedings concerning the matter appealed shall be stayed as provided in subsection 10-6-5H of this title.
4. The Appeal Board shall hold a public meeting and thereafter shall approve, approve with conditions, or deny the application. Any conditions of approval shall be limited to conditions needed to conform the matter appealed to applicable approval standards.
5. After the Appeal Board makes a decision, the Zoning Administrator shall give the applicant written notice of the decision. (Ord. 2018-12, 10-18-2018)
6. A record of all appeals shall be maintained in the Office of the Zoning Administrator. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
E. Standards For Decision:
1. The Appeal Board may reverse or affirm, wholly or in part, or may modify an administrative decision. To that end the Appeal Board shall have all the powers of the officer from whom the appeal was taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.
2. The Board shall review an administrative decision for correctness and shall give no deference to the reasonableness of the decision being appealed. (Ord. 2018-12, 10-18-2018)
3. The person making an appeal shall have the burden of proving that an error has been made.
4. Because this title is in derogation of a property owner's common law right to unrestricted use of property, provisions herein restricting property use should be strictly construed, and provisions permitting property use should be liberally construed in favor of the property owner. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
F. Appeal Of Decision: Any person adversely affected by a decision of the Appeal Board regarding an appeal of an administration decision may, within thirty (30) days after such decision, appeal to the District Court as provided in section 10-10-1001 of the Utah Code, as amended. (Ord. 2018-12, 10-18-2018)