Any property owner, who has submitted a development application for a permit and whose permit has been denied because of a vested rights decision or a development moratorium, may appeal, in writing, to the mayor within thirty (30) days of the denial of the permit, by filing such written appeal in the office of the city recorder. The appeal shall specify all of the reasons that the applicant contends support the granting of the permit. The city recorder shall promptly notify the director, the city council and the planning commission of any such appeal. The officials or entities above, or any other interested party, may file written submissions concerning the appeal within thirty (30) days of the filing of the appeal. The appellant shall have fifteen (15) days to respond to any comments submitted. Thereafter, the appeal shall be submitted to the mayor for a decision on the written record; provided, that if any material factual dispute appears from the written record, the mayor may direct that a factual hearing be set in accordance with chapter 4, article A of this title. The mayor is authorized to stay proceedings under this section pending a determination by the board of zoning adjustment found to be material to a final determination of vested property rights. A final determination by the mayor may be appealed to district court pursuant to section 10-9-1001, Utah Code Annotated, or its successor provision.
(Ord. 2003-71, 12-16-2003)