A. Title 21A Appeals, Applications and Determinations: As described in section 21A.06.040 of this title, the appeals hearing officer shall hear and decide or make determinations regarding:
1. Appeals alleging an error in any administrative decision made by the zoning administrator, the planning commission or the historic landmark commission involving the application, administration, enforcement or compliance with Title 21A of this code;
2. Appeals from decisions made by the planning commission concerning subdivisions or subdivision amendments pursuant to the procedures and standards set forth in Title 20 of this code;
3. Applications for variances as per chapter 21A.18 of this title;
4. The existence, expansion or modification of nonconforming uses and noncomplying structures pursuant to the procedures and standards set forth in chapter 21A.38, "Nonconforming Uses and Noncomplying Structures", of this title; and
5. Any other matter involving application, administration or enforcement of this code where specifically authorized by a provision of this code.
B. State and Federal Law: The appeals hearing officer shall not hear and decide or make determinations regarding any of the following:
1. Appeals alleging an error in the application, administration, enforcement or compliance with a provision of state or federal law, including but not limited to provisions of state and federal statutes, state and federal constitutions and state and federal common law;
2. Appeals alleging a violation of state law or federal law, including but not limited to provisions of state and federal statutes, state and federal constitutions and state and federal common law;
3. Appeals requesting legal or equitable remedies available under state or federal law.
An appeal seeking the determinations identified in this subsection must be made directly to the district court, as provided for in Utah code section 10-9a-701(4)(e) or its successor.
C. Requirement to Disclose: An appeal that alleges one or more claims that the hearing officer has authority to hear and decide must include every theory of relief that can be presented in district court, including theories the hearing officer does not have authority to hear and decide.
D. Mixed Appeals: When an appeal alleges one or more claims that the hearing officer has authority to hear and decide and one or more claims that the hearing officer does not have authority to hear and decide, the appeals hearing officer shall hear and decide only the claims the hearing officer has the authority to hear and decide. The claims the hearing officer does not have authority to hear and decide may be brought in district court on conclusion and exhaustion of all remedies available for the claims the hearing officer has authority to hear and decide. (Ord. 48-21, 2021: Ord. 5-20, 2020)