A. Creation: The position of appeals hearing officer is created pursuant to the enabling authority granted by the Municipal Land Use, Development, and Management Act, Section 10-9a-701 of the Utah Code.
B. Jurisdiction and Authority: The appeals hearing officer shall have the following powers and duties in connection with the implementation of this title:
1. Hear and decide appeals from any administrative decision made by the zoning administrator in the administration or the enforcement of this title pursuant to the procedures and standards set forth in Chapter 21A.16, "Appeals of Administrative Decisions", of this title;
2. Authorize variances from the terms of this title pursuant to the procedures and standards set forth in Chapter 21A.18, "Variances", of this title;
3. Hear and decide appeals of any decision made by the historic landmark commission, or the planning director in the case of administrative decisions, pursuant to the procedures and standards set forth in Section 21A.34.020, "H Historic Preservation Overlay District", of this title;
4. Hear and decide appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in title 20, "Subdivisions and Condominiums", of this code; and
5. Hear and decide appeals from administrative decisions made by the planning commission pursuant to the procedures and standards set forth in this title.
C. Qualifications: The appeals hearing officer shall be appointed by the mayor with the advice and consent of the city council. The mayor may appoint more than one appeals hearing officer, but only one appeals hearing officer shall consider and decide upon any matter properly presented for appeals hearing officer review. The appeals hearing officer shall be appointed to a term of five (5) years and may serve continuous consecutive terms upon reappointment. The appeals hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.
D. Conflict of Interest: The appeals hearing officer shall not participate in any appeal in which the appeals hearing officer has a conflict of interest prohibited by Title 2, Chapter 2.44 of this code.
E. Removal of The Appeals Hearing Officer: The appeals hearing officer may be removed by the mayor for violation of this title or any policies and procedures adopted by the planning director following receipt by the mayor of a written complaint filed against the appeals hearing officer. If requested by the appeals hearing officer, the mayor shall provide the appeals hearing officer with a public hearing conducted by a hearing officer appointed by the mayor. (Ord. 40-24, 2024: Ord. 67-23, 2023: Ord. 7-14, 2014: Ord. 61-12, 2012)