A. Right Of Appeal By Persons For Entities: The applicant or any person or entity adversely affected by a decision administering or interpreting a provision of the City's land use ordinances may appeal that decision by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of such ordinances.
B. Appeal By City Officer: Any officer, department, board or bureau of the City affected by the grant or refusal of a building permit or by any other decision made in the administration or interpretation of a provision of the City's land use ordinances may appeal any decision to the Hearings Officer.
C. Conditional Use Permit Appeal: The Hearings Officer shall hear and decide appeals from Planning Commission decisions regarding conditional use permits.
D. Burden Of Proof: The person or entity making the appeal has the burden of proving that an error has been made.
E. Limitation Of Appeals: Only decisions applying to the land use ordinances of the City may be appealed to the Hearings Officer.
F. Amendments To Zoning Not Considered: A person may not appeal, and the Hearings Officer may not consider, any land use ordinance amendments to this Code.
G. Waiver Or Modification Of Zoning Not Considered: Appeals may not be used to waive or modify the terms or requirements of a provision within the City's land use ordinances.
H. Application Form; Time Limit: All appeals and applications made to the Hearings Officer shall be in writing, on forms prescribed by the Hearings Officer, and filed within ten (10) days of the action or decision appealed from. The appellant shall file the notice of appeal with the Community Development Office. The Community Development Office shall forthwith transmit to the Hearings Officer all papers constituting the record upon which the action appealed was taken. The appeal shall contain the name, address, and telephone number of the appellant, the date of the appeal, and the legal and factual grounds for the appeal, which grounds shall determine the scope of the administrative appeal hearing, hearing evidence, and judicial review of the Hearings Officer decision. The appeal shall include a copy of the written action decision, if applicable, that is the subject of the appeal.
I. Content: Every appeal or application shall refer to the specific provisions of the Code involved, and shall exactly set forth the interpretation that is claimed, the use for which the special exception is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
J. Schedule Determined: The Hearings Officer shall determine a schedule for the pre-hearing exchange of evidence, for the briefing of legal arguments, and for the hearing, and shall notify the parties of that schedule.
K. Right To File Brief: The appellant may file a brief summarizing facts, evidence, and law applicable to the appeal, within the scope of the grounds stated in the appeal, and the City may file a responsive brief, both in accordance with the schedule established by the Hearings Officer.
L. Evidence; Testimony: The Hearings Officer may accept any evidence he or she deems reliable. Evidence shall be submitted by proffer. The Hearings Officer may also allow witness testimony. The Hearings Officer shall not consider evidence or information not presented by the parties at the hearing or in pre-hearing briefs.
M. Planning Commission Appeals: At least fourteen (14) days before the date of any hearing on an appeal of a Planning Commission decision to the Hearings Officer, the Hearings Officer shall transmit to the Planning Commission a copy of the notice of hearing and shall allow the Planning Commission an opportunity to submit to the Hearings Officer its response. Any written response from the Planning Commission shall be provided to the appellant by the Hearings Officer. The Planning Commission may send a representative to make a verbal presentation at the appeal hearing. The Hearings Officer may request advisory opinions from the Planning Commission on other matters scheduled for hearing at the Hearings Officer's discretion.
N. Stay Of Proceedings: An appeal stays all proceedings which would further the action appealed from, unless the person from whom the appeal is taken certifies to the Hearings Officer after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate, a stay would in his/her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed except by restraining order, which may be granted by the Hearings Officer or by the District Court upon application and notice and due cause shown.
O. Notice And Hearing Required Prior To Action: No action of the Hearings Officer shall be taken on any case until after proper notice has been given and a hearing before the Hearings Officer has been held. At the hearing, any party may appear in person or by agent or by attorney.
P. Appeal And Hearing: In the appeal and the hearing:
1. The City bears the burden of proving that substantial evidence exists to support the administrative action or decision being appealed.
2. The parties may be represented by legal counsel in the hearing.
3. Each party may cross-examine any witnesses called to testify by the other party.
4. Each party must secure the attendance of their own witnesses.
5. The Hearings Officer shall provide for the hearing to be recorded.
6. The hearing shall be a public meeting.
7. The Hearings Officer shall enforce principles of civility.
Q. Decision:
1. The Hearings Officer shall prepare written findings of fact and a decision (collectively "decision") within a reasonable time after the hearing.
2. The decision shall be final for purposes of issuance on the date it is signed by the Hearings Officer.
3. The decision shall be considered issued for purposes of appeal and enforcement on the date of transmittal to the appellant, either by mail, fax, email, or otherwise.
4. The Hearings Officer shall cause the decision to be transmitted to the parties by any reasonable means, including personal delivery, mail, fax, or email.
5. The decision shall be maintained in the Office of the Pleasant Grove City Recorder.
R. Authority Of Hearings Officer: In exercising his/her powers, the Hearings Officer may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all of the powers of the officer from whom the appeal is taken.
S. Public Hearing Notice Requirements: Notices of public hearings before the Hearings Officer required by this chapter shall be given at least fourteen (14) calendar days before the hearing by publication. Such notice shall state the time and place of such hearing and shall include a general explanation of the matter to be considered and a general description of the area affected.
T. Hearing Record:
1. The record of the hearing shall include all proffered evidence that is admitted by the Hearings Officer, all pre-hearing briefs submitted to the Hearings Officer, the audio recording of the hearing, and the decision.
2. Any party may make an audio or video recording of the hearing, but only the recording prepared by the City shall be considered part of the record of the hearing. (Ord. 2017-29, 5-16-2017; amd. Ord. 2021-14, 5-4-2021)