A. Membership, Appointment And Organization: The appeal authority shall consist of three (3) members and such alternate members as the mayor deems appropriate. Two (2) members shall reside outside the town limit and one member shall reside within the town limits. Members shall have prior experience in planning and zoning issues. Each member shall be appointed by the mayor with the advice and consent of the town council. The appeal authority shall elect a chairperson and vice chairperson from among themselves for a one year term. The town clerk shall serve as secretary to the appeal authority. The appeal authority shall act as the appeal authority as that term is used throughout Utah Code Annotated title 10, chapter 9a, with regard to those powers enumerated in subsection G of this section.
B. Length Of Term; Vacancies: Each member is appointed for a term of five (5) years, and until their successors shall have been appointed. The terms of the initial members of the appeal authority shall be staggered so that two (2) members serve for three (3) years, and one member serves for two (2) years. Appointments shall be made at the beginning of the calendar year. Any member may be removed for cause by the mayor upon written charges and after public hearing, if such public hearing is requested by the member. Vacancies in the appeal authority occurring for any reason other than the expiration of a term of office shall be filled through appointment by the mayor, with the advice and consent of the town council. Members appointed to fill such vacancies shall serve for the remainder of the unexpired term. Any member may be reappointed for an additional term. There is no limit to the number of terms a member may serve. In a public meeting, the mayor may remove from office any member of the appeal authority for misconduct or nonperformance of duty.
C. Matters For Determination; Time Limit For Completion: Upon determination that there is an unresolved request concerning any ordinance covered under the town general plan and succeeding ordinances, the matter will be delivered to the appeal authority for final determination. Completion of determination will not exceed fourteen (14) days.
D. Absence Deemed Resignation: Any appeal authority member who is absent from two (2) consecutive meetings without prior notice to the town clerk or chairperson of the appeal authority shall be deemed to have resigned from the appeal authority.
E. Meetings Of The Appeal Authority: All meetings of the appeal authority shall be open to the public. The appeal authority shall keep minutes of all meetings and proceedings. Minutes shall be filed with town clerk upon adoption by the appeal authority.
F. Policies And Procedures: The appeal authority shall adopt rules of policy and procedure consistent with this title and state law. The rules shall be submitted to the town council for approval and may be altered, amended or changed in the same manner.
G. Powers And Duties: The powers and duties of the appeal authority shall be as follows:
1. Hear and decide appeals from zoning decisions applying this title; and
2. Hear and decide variances from the terms of this title.
H. Appeals:
1. a. The applicant or any other person or entity adversely affected by a decision administering or interpreting this title may appeal that decision applying this title by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of this title.
b. Any person, including any officer, department, board or bureau of the town affected by a decision administering or interpreting this title, or affected by the grant or refusal of a building permit, or by any other decisions of the land use authority in the administration or interpretation of this title, may appeal such decision to the appeal authority. An appeal must be made within thirty (30) days from the date of such decision by filing with the town clerk a written notice of appeal specifying the grounds thereof. When an appeal is taken from a decision of the land use authority, the town council shall forthwith transmit to the appeal authority all papers, if any, constituting the record upon which the action appealed from was taken.
c. An appeal filed in accordance with this section stays all proceedings in the appeal action, unless the officer from whom the appeal is taken certifies to the appeal authority that by reason of facts stated in the certificate, the stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appeal authority or by the district court on application and notice and on due cause shown.
d. The appeal authority shall fix the time for hearing any appeal within fifteen (15) days of the date of filing such appeal with the town clerk and shall give public notice thereof in accordance with the Utah open and public meetings act, as well as notice to the parties in interest.
e. Proceedings and hearings before the appeal authority shall be had pursuant to rules adopted by the appeal authority and in conformance with general principles of due process. Any party in interest may appear at such hearing in person, by agent, or by an attorney of his/her choice.
f. The person or entity making the appeal has the burden of proving that an error has been made.
2. a. Only decisions applying this title may be appealed to the appeal authority.
b. A person may not appeal, and the appeal authority may not consider, any zoning ordinance amendments.
3. Appeals may not be used to waive or modify the terms or requirements of this title.
I. Variance: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he/she owns, leases or in which he/she holds some other beneficial interest may apply to the appeal authority for a variance from the terms of this title.
J. Standards:
1. The appeal authority may grant a variance only if each of the following conditions are met:
a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
b. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of this title is observed and substantial justice done.
2. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection J1 of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
a. Is located on or associated with the property for which the variance is sought; and
b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection J1 of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under subsection J1 of this section, the appeal authority may find that special circumstances exist only if the special circumstances:
a. Relate to the hardship complained of; and
b. Deprive the property of privileges granted to other properties in the same district.
5. The applicant shall bear the burden of proving all of the conditions justifying a variance have been met.
6. Variances run with the land.
7. The appeal authority and any other body may not grant use variances.
8. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
K. Notice To Council Of Variance Or Building Permit Application: Before any application for a variance or building permit is heard by the appeal authority, the appeal authority shall give the town at least fifteen (15) days' notice of any hearing to consider the application.
L. Zone Boundary Adjustment: Where a zone boundary line divides a lot in a single ownership at the time of the passage of this chapter, the appeal authority may permit a use authorized on either portion of such lot to extend not more than fifty feet (50') into the other portion of the lot.
M. Appeal Authority Decision On Appeal: In exercising the above mentioned powers, the appeal authority may affirm, wholly or partly, or may modify the order, requirement, decision or determination of the zoning official.
N. District Court Review Of Appeal Authority Decision:
1. Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision.
2. The petition is barred unless it is filed within thirty (30) days after the appeal authority's decision is final. (Ord. 04-2017, 4-6-2017)