There is hereby created an appeal authority known and designed as the Land Use Hearing Officer (LUHO) of Ballard, Utah, to be appointed and to hold office as set forth hereunder, pursuant to §10-9a-701 of Utah State Code (as amended). The LUHO shall consist of one (1) member or a third party, to be appointed or contracted on an as-needed basis by the City Council The City Council upon written charge and after public hearing may remove any member or contracted entity with cause. No current member or alternative of the Planning Commission may serve as the LUHO

The LUHO will serve without compensation if a volunteer is appointed. If the LUHO is a contracted third party the City Council shall approve and sign a contract that will determine compensation.

The LUHO shall have the following powers:

1. Appeals. To hear and decide appeals where it is alleged that there was any type of error, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.
2. Exceptions. To hear and decide special exceptions to the terms of this rdinance upon which the LUHO is required to pass under this ordinance.
3. Variances. To authorize, upon appeal, a variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this ordinance will result in unnecessary hardship; provided that the spirit of this ordinance will be observed and substantial justice done. Before any variance may be authorized; however, it will be shown that:
   1. The variance will not substantially adversely affect the City's General Plan and that adherence to the strict letter of this ordinance will cause difficulties and hardship, the imposition of which is unnecessary in order to carry out the general purpose of the plan.
   2. Special circumstances are attached to the property covered by the application, which do not generally apply to other property in the same zone.
   3. That because of special circumstances, the property covered by application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right and that is possessed by other property in the same zone.
4. No Authority. The LUHO shall have no power, jurisdiction or authority to consider any of the following:
   1. To hear any amendments, waivers or modifications to any of the standards governing the approval of any general plan amendments, land use or subdivision amendments.
   2. To hear any amendments, waivers or modifications to the City's General Plan, any element, provision, or map thereof, or any provision or requirement of any land use or subdivision ordinances, including zoning district maps and any other official maps.
   3. To make any decisions or determinations that would have the effect of authorizing a use which is not identified in the City's Tables of Land Uses as provided herein.
   4. To hear or decide on any matter or application not expressly identified herein.

The LUHO may adopt rules for the regulation of its procedures and the conduct of its duties not inconsistent with the provisions of this ordinance or of State law. Such rules, to become effective, will first be approved by the City Council.

The LUHO shall conduct meetings as necessary. All meetings of the LUHO are public hearings and will have a ten (10) day notice before the scheduled meeting.

Appeals to the LUHO may be taken by any person or by any officer; department, board or bureau of the City affected by any decision of the City and its officials or designees as outlinedthisregarding zoning.chapter In exercising the above mentioned powers, the LUHO may, in conformity with the requirements of this chapter, reverse or affirm, or may modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination as ought to be made, and to that end will have all the powers of the officer from whom the appeal is taken.

The City or any person aggrieved by any decision of the LUHO may have and maintain a plenary action for relief in any court of competent jurisdiction, given petition for such relief is presented to the court within thirty (30) days after the filing of the decision. .

Any City official, any member of the Planning Commission or the LUHO who acts in good faith and without malice in their duties within the official capacity provided by this code is relieved of all personal liability for any damage that may accrue to persons or property as a result of such acts or alleged failure to act. Further, the official will not be held liable for any costs in any action, suit, or proceedings that may be instituted by the official in the enforcement of this ordinance. Defense costs and insurance will be the responsibility of the City.