Appeals of administrative decisions by the zoning administrator, historic landmark commission or planning commission shall be taken in accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the zoning administrator. To be considered complete, the application must include all information required on the application, including but not limited to identification of the decision appealed, the alleged error made in connection with the decision being appealed, and the reasons the appellant claims the decision to be in error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the applicable deadline, together with all applicable fees.
C. Time for Filing an Appeal: The deadlines for filing a complete application for appeal are:
1. Administrative decisions made by the zoning administrator: ten (10) days;
2. Planning commission decisions: ten (10) days;
3. Historic landmark commission: thirty (30) days for appeals filed by the applicant, ten (10) days for appeals filed by any other party entitled to appeal.
D. Fees: The application shall be accompanied by the following fees:
1. The applicable fees shown on the Salt Lake City consolidated fee schedule; and
2. The fees established for providing the public notice required by chapter 21A.10 of this title.
All fees are due at the time of filing the appeal. An appeal will not be considered complete until all applicable fees are paid.
E. No Automatic Stay: Filing an appeal with a hearing officer does not stay the decision appealed, unless a provision of this code specifically states otherwise.
F. Requesting a Stay: The hearing officer may grant a request filed by the Appellant, Respondent, or any other party to the appeal, to stay a decision of the zoning administrator, planning commission or historic landmark commission for a specified period of time or until the appeals hearing officer issues a decision, if the requesting party can show a stay is necessary to prevent substantial harm to the requesting party. No request is required, if a provision of this code imposes an automatic stay on the filing of an appeal with a hearing officer. If a stay is requested, the hearing officer shall make reasonable efforts to determine whether a stay is appropriate within ten (10) days of the appeal being deemed complete. If the hearing officer does not decide a request for a stay within ten (10) days of the appeal being deemed complete, the request shall be presumed denied. No stay will be authorized for incomplete appeals or appeals filed after the appeal deadline.
G. Notice Required:
1. Public Hearing: Upon receipt of an appeal of an administrative decision by the zoning administrator, the appeals hearing officer shall schedule and hold a public hearing in accordance with the standards and procedures for conduct of the public hearing set forth in chapter 21A.10 of this title.
2. Public Meeting: Appeals from a decision of the historic landmark commission or planning commission are based on evidence in the record. Therefore, testimony at the appeal meeting shall be limited to the appellant and the respondent.
a. Upon receipt of an appeal of a decision by the historic landmark commission or planning commission, the appeals hearing officer shall schedule a public meeting to hear arguments by the appellant and respondent. Notification of the date, time and place of the meeting shall be given to the appellant and respondent a minimum of twelve (12) calendar days in advance of the meeting.
b. The city shall send notice of the meeting through e-mail or other method chosen by the appeals hearing officer, a minimum of twelve (12) calendar days in advance of the public meeting to any recognized community organization in which the subject property is located.
H. Time Limitation: All appeals shall be heard within one hundred eighty (180) days of the filing of the appeal. Appeals not heard within this time frame will be considered void and withdrawn by the appellant.
I. Standard of Review:
1. The standard of review for an appeal, other than as provided in subsection 12 of this section, shall be de novo. The appeals hearing officer shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the decision below.
2. An appeal from a decision of the historic landmark commission or planning commission shall be based on the record made below.
a. No new evidence shall be heard by the appeals hearing officer unless such evidence was improperly excluded from consideration below.
b. The appeals hearing officer shall review the decision based upon applicable standards and shall determine its correctness.
c. The appeals hearing officer shall uphold the decision unless it is not supported by substantial evidence in the record or it violates a law, statute, or ordinance in effect when the decision was made.
J. Burden of Proof: The appellant has the burden of proving the decision appealed is incorrect.
K. Action by the Appeals Hearing Officer: The appeals hearing officer shall render a written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or may modify the administrative decision. A decision shall become effective on the date the decision is rendered.
L. Notification of Decision: Notification of the decision of the appeals hearing officer shall be sent to all parties to the appeal within ten (10) days of the decision.
M. Record of Proceedings: The proceedings of each appeal hearing shall be recorded. Recordings shall be retained by the planning division for a period that is consistent with city retention policies and any applicable retention requirement set forth in state law.
N. Policies and Procedures: The planning director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, the conduct of an appeal hearing, and for any other purpose considered necessary to properly consider an appeal.
O. Matters Delayed: For all matters delayed by the appeals hearing officer, any subsequent written materials shall be submitted a minimum of fourteen (14) days prior to the rescheduled meeting date. (Ord. 23-23, 2023: Ord. 48-21, 2021: Ord. 5-20, 2020)