Brighton City Zoning Code

19.20 VARIANCES

SPECIAL EXCEPTIONS, AND APPEALS

19.20.010 VARIANCES

Initiation.
1. A property owner or other person expressly authorized in writing by the property owner may apply for a variance from the terms of a zoning ordinance as set forth below and § 10-9a-702 of the Utah Code.
2. The Land Use Hearing Officer hears all applications for a variance.
Procedure.
1. All applications shall be filed with the Director in accordance with the requirements of Chapter 19.14.
2. Approval by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer shall consider a proposed variance in a public meeting.
  2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
  3. Based upon the evidence presented at the public meeting, the Land Use Hearing Officer shall make a decision on the variance, evaluating the application in accordance with the standards below.
  4. The Land Use Hearing Officer may take action in writing on applications for variances in the form of approval, modified approval, or denial.
Conditions and Restrictions.
1. When approving a variance, the Land Use Hearing Officer may impose additional requirements on the applicant including conditions and restrictions upon the location, construction, design and use of the property, that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.
2. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.
3. The Land Use Hearing Officer may grant a variance less than that requested when the record supports the applicant’s right to some relief, but not to the entire relief requested.
4. Use variances are prohibited.
5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
Approval Standards.
1. The Land Use Hearing Officer may grant a variance only if all of the following standards are met.
  1. Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances.
  2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone.
  3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
  4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
  5. The spirit of the zoning ordinance is observed, and substantial justice done.
2. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (D)(1), the land use hearing officer may not find an unreasonable hardship unless the alleged hardship:
  1. Is located on or associated with the property for which the variance is sought; and
  2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
3. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection (D)(1), the land use hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under subsection (D)(1), the land use hearing officer may find that special circumstances exist only if the special circumstances:
  1. Relate to the hardship complained of; and
  2. Deprive the property of privileges granted to other properties in the same district.
5. In granting a variance, the land use hearing officer may impose additional requirements on the applicant that will:
  1. Mitigate any harmful effects of the variance; or
  2. Serve the purpose of the standard or requirement that is waived or modified.
Appeals. Any person adversely affected by a variance decision of the Land Use Hearing Officer may appeal the decision to the 3rd District Court of Salt Lake County.
Any variance granted shall run with the land.

19.20.020 SPECIAL EXCEPTIONS

Submittal and Procedure.
1. Submittal of Application. All applications shall be filed in accordance with the requirements of Chapter 19.16.
2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
3. Special Exceptions Approved by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer may consider approval of the following special exceptions:
    1. Where a zone boundary line divides a lot in single ownership, extension of a use allowed on either portion of the lot a maximum of fifty feet (50’) into the other portion of the lot.
  2. The Land Use Hearing Officer shall consider a proposed special exception in a public meeting.
  3. During or after the close of the public meeting, the Land Use Hearing Officer may take action in the form of approval, modified approval or denial in writing.
  4. Based upon the evidence presented at the meeting, the Land Use Hearing Officer shall evaluate the application to determine that the exception is consistent with the purposes of this Ordinance and will not be detrimental to the health, safety or general welfare of persons residing or working, or injurious to property in the vicinity
4. Special Exceptions Approved by the Planning Commission.
  1. The Planning Commission may consider approval of the following special exceptions:
    1. Exceptions as set forth in the Foothills and Canyons Overlay Zone, Chapter 19.38.
  2. The Planning Commission shall consider a proposed special exception in a public meeting.
  3. Having heard the matter at a public meeting, the Planning Commission may take action in the form of approval, modified approval or denial on applications for a special exception.
Conditions. The Land Use Hearing Officer or Planning Commission may impose such conditions and restrictions upon the location, construction, design or use of the property, as necessary or appropriate to protect the public interest and adjacent property.
Appeals.
1. Any person adversely affected by a decision of the Planning Commission regarding a special exception may appeal that decision to the Land Use Hearing Officer.
2. Any person adversely affected by a decision of the Land Use Hearing Officer regarding a special exception may appeal that decision to the 3rd District Court of Salt Lake County.

19.20.030 ADMINISTRATIVE APPEALS

Definition. Any person adversely affected by a decision made by the Director or Planning Commission in administering or interpreting this Title, or a fee charged as listed in Utah Code 10-9a-510 may appeal such decision to the Land Use Hearing Officer (“administrative appeal”).
Initiation.
1. An appeal shall be filed in writing within 10 days of the decision, include a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken, specify the errors in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance, specifically allege how such action is arbitrary, capricious or illegal and shall present every theory of relief that the appellant can raise in district court.
2. The Land Use Hearing Officer shall hear all appeals of such decisions by the Director or Planning Commission administering or interpreting this Title.
3. Appeals must be submitted to the Director with the fee as determined in the fee schedule, contain the name, address, and telephone number of the petitioner; the petitioner's relationship to the project or subject Property.
Standard of Review.
1. The appellant has the burden of proving that the land use authority erred.
2. The appeal authority shall review factual matters with deference to the land use authority's determination of factual matters. No new evidence may be received.
3. The appeal authority shall determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations, and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
4. Review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the appeal authority grants either party approval to enlarge the scope of the appeal to accept information on other matters.
Procedure.
1. Administrative appeals shall be considered in a public meeting.
2. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance unless those terms or requirements are applied in a manner that is arbitrary, capricious or illegal.
3. The person filing the appeal has the burden of proving that the decision was arbitrary, capricious or illegal.
4. The Land Use Hearing Officer’s review is limited to the record. The Land Use Hearing Officer shall not accept or consider any evidence outside the record unless that evidence was offered to and improperly excluded by the Council, the Planning Commission, or the Director. If there is no record, the Land Use Hearing Officer may call witnesses and take evidence.
5. After review of the record and written and oral argument from both parties, the Land Use Hearing Officer shall render a decision.
6. The Land Use Hearing Officer shall affirm the decision of the Planning Commission, or the Director, unless the Land Use Hearing Officer finds that decision was arbitrary, capricious or illegal.
7. If the decision of the Planning Commission, or the Director is determined to be arbitrary, capricious or illegal, the Land Use Hearing Officer may reverse, alter or remand the decision to the original decision-making body for further review and consideration of the action taken.
Stay of Proceedings. Upon the filing of an appeal, any approval granted under this Title will be suspended until the Land Use Hearing Officer has acted on the appeal.

19.20.040 CONDITIONS PRECEDENT TO REVIEW

As provided by Utah Code Annotated § 10-9a-701(4), an adversely affected party of a land use decision shall present to the applicable appeal authority every theory of relief that it can raise in district court.
Appeals of decisions regarding whether or not to amend the number, shape, boundaries, or area of any zoning district; any regulation of or within the zoning district; or any other provision of the development code may be appealed directly to the district court.
An adversely affected party shall not appeal to the district court a decision of the Planning Commission under subsection B of this section. Only final decisions of the municipal council regarding amendments to the zoning ordinance of the Town of Brighton (Title 19 of this code) or other provisions of the development code may be appealed to the district court.
An adversely affected party shall have thirty (30) days to appeal a final decision of the municipal council under subsection 19.16.080 of this Title to the district court.

Brighton City Zoning Code

19.20 VARIANCES

SPECIAL EXCEPTIONS, AND APPEALS

19.20.010 VARIANCES

Initiation.
1. A property owner or other person expressly authorized in writing by the property owner may apply for a variance from the terms of a zoning ordinance as set forth below and § 10-9a-702 of the Utah Code.
2. The Land Use Hearing Officer hears all applications for a variance.
Procedure.
1. All applications shall be filed with the Director in accordance with the requirements of Chapter 19.14.
2. Approval by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer shall consider a proposed variance in a public meeting.
  2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
  3. Based upon the evidence presented at the public meeting, the Land Use Hearing Officer shall make a decision on the variance, evaluating the application in accordance with the standards below.
  4. The Land Use Hearing Officer may take action in writing on applications for variances in the form of approval, modified approval, or denial.
Conditions and Restrictions.
1. When approving a variance, the Land Use Hearing Officer may impose additional requirements on the applicant including conditions and restrictions upon the location, construction, design and use of the property, that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.
2. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.
3. The Land Use Hearing Officer may grant a variance less than that requested when the record supports the applicant’s right to some relief, but not to the entire relief requested.
4. Use variances are prohibited.
5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
Approval Standards.
1. The Land Use Hearing Officer may grant a variance only if all of the following standards are met.
  1. Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances.
  2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone.
  3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
  4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
  5. The spirit of the zoning ordinance is observed, and substantial justice done.
2. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (D)(1), the land use hearing officer may not find an unreasonable hardship unless the alleged hardship:
  1. Is located on or associated with the property for which the variance is sought; and
  2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
3. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection (D)(1), the land use hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under subsection (D)(1), the land use hearing officer may find that special circumstances exist only if the special circumstances:
  1. Relate to the hardship complained of; and
  2. Deprive the property of privileges granted to other properties in the same district.
5. In granting a variance, the land use hearing officer may impose additional requirements on the applicant that will:
  1. Mitigate any harmful effects of the variance; or
  2. Serve the purpose of the standard or requirement that is waived or modified.
Appeals. Any person adversely affected by a variance decision of the Land Use Hearing Officer may appeal the decision to the 3rd District Court of Salt Lake County.
Any variance granted shall run with the land.

19.20.020 SPECIAL EXCEPTIONS

Submittal and Procedure.
1. Submittal of Application. All applications shall be filed in accordance with the requirements of Chapter 19.16.
2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
3. Special Exceptions Approved by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer may consider approval of the following special exceptions:
    1. Where a zone boundary line divides a lot in single ownership, extension of a use allowed on either portion of the lot a maximum of fifty feet (50’) into the other portion of the lot.
  2. The Land Use Hearing Officer shall consider a proposed special exception in a public meeting.
  3. During or after the close of the public meeting, the Land Use Hearing Officer may take action in the form of approval, modified approval or denial in writing.
  4. Based upon the evidence presented at the meeting, the Land Use Hearing Officer shall evaluate the application to determine that the exception is consistent with the purposes of this Ordinance and will not be detrimental to the health, safety or general welfare of persons residing or working, or injurious to property in the vicinity
4. Special Exceptions Approved by the Planning Commission.
  1. The Planning Commission may consider approval of the following special exceptions:
    1. Exceptions as set forth in the Foothills and Canyons Overlay Zone, Chapter 19.38.
  2. The Planning Commission shall consider a proposed special exception in a public meeting.
  3. Having heard the matter at a public meeting, the Planning Commission may take action in the form of approval, modified approval or denial on applications for a special exception.
Conditions. The Land Use Hearing Officer or Planning Commission may impose such conditions and restrictions upon the location, construction, design or use of the property, as necessary or appropriate to protect the public interest and adjacent property.
Appeals.
1. Any person adversely affected by a decision of the Planning Commission regarding a special exception may appeal that decision to the Land Use Hearing Officer.
2. Any person adversely affected by a decision of the Land Use Hearing Officer regarding a special exception may appeal that decision to the 3rd District Court of Salt Lake County.

19.20.030 ADMINISTRATIVE APPEALS

Definition. Any person adversely affected by a decision made by the Director or Planning Commission in administering or interpreting this Title, or a fee charged as listed in Utah Code 10-9a-510 may appeal such decision to the Land Use Hearing Officer (“administrative appeal”).
Initiation.
1. An appeal shall be filed in writing within 10 days of the decision, include a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken, specify the errors in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance, specifically allege how such action is arbitrary, capricious or illegal and shall present every theory of relief that the appellant can raise in district court.
2. The Land Use Hearing Officer shall hear all appeals of such decisions by the Director or Planning Commission administering or interpreting this Title.
3. Appeals must be submitted to the Director with the fee as determined in the fee schedule, contain the name, address, and telephone number of the petitioner; the petitioner's relationship to the project or subject Property.
Standard of Review.
1. The appellant has the burden of proving that the land use authority erred.
2. The appeal authority shall review factual matters with deference to the land use authority's determination of factual matters. No new evidence may be received.
3. The appeal authority shall determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations, and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
4. Review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the appeal authority grants either party approval to enlarge the scope of the appeal to accept information on other matters.
Procedure.
1. Administrative appeals shall be considered in a public meeting.
2. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance unless those terms or requirements are applied in a manner that is arbitrary, capricious or illegal.
3. The person filing the appeal has the burden of proving that the decision was arbitrary, capricious or illegal.
4. The Land Use Hearing Officer’s review is limited to the record. The Land Use Hearing Officer shall not accept or consider any evidence outside the record unless that evidence was offered to and improperly excluded by the Council, the Planning Commission, or the Director. If there is no record, the Land Use Hearing Officer may call witnesses and take evidence.
5. After review of the record and written and oral argument from both parties, the Land Use Hearing Officer shall render a decision.
6. The Land Use Hearing Officer shall affirm the decision of the Planning Commission, or the Director, unless the Land Use Hearing Officer finds that decision was arbitrary, capricious or illegal.
7. If the decision of the Planning Commission, or the Director is determined to be arbitrary, capricious or illegal, the Land Use Hearing Officer may reverse, alter or remand the decision to the original decision-making body for further review and consideration of the action taken.
Stay of Proceedings. Upon the filing of an appeal, any approval granted under this Title will be suspended until the Land Use Hearing Officer has acted on the appeal.

19.20.040 CONDITIONS PRECEDENT TO REVIEW

As provided by Utah Code Annotated § 10-9a-701(4), an adversely affected party of a land use decision shall present to the applicable appeal authority every theory of relief that it can raise in district court.
Appeals of decisions regarding whether or not to amend the number, shape, boundaries, or area of any zoning district; any regulation of or within the zoning district; or any other provision of the development code may be appealed directly to the district court.
An adversely affected party shall not appeal to the district court a decision of the Planning Commission under subsection B of this section. Only final decisions of the municipal council regarding amendments to the zoning ordinance of the Town of Brighton (Title 19 of this code) or other provisions of the development code may be appealed to the district court.
An adversely affected party shall have thirty (30) days to appeal a final decision of the municipal council under subsection 19.16.080 of this Title to the district court.

Brighton City Zoning Code

19.20 VARIANCES

SPECIAL EXCEPTIONS, AND APPEALS

19.20.010 VARIANCES

Initiation.
1. A property owner or other person expressly authorized in writing by the property owner may apply for a variance from the terms of a zoning ordinance as set forth below and § 10-9a-702 of the Utah Code.
2. The Land Use Hearing Officer hears all applications for a variance.
Procedure.
1. All applications shall be filed with the Director in accordance with the requirements of Chapter 19.14.
2. Approval by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer shall consider a proposed variance in a public meeting.
  2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
  3. Based upon the evidence presented at the public meeting, the Land Use Hearing Officer shall make a decision on the variance, evaluating the application in accordance with the standards below.
  4. The Land Use Hearing Officer may take action in writing on applications for variances in the form of approval, modified approval, or denial.
Conditions and Restrictions.
1. When approving a variance, the Land Use Hearing Officer may impose additional requirements on the applicant including conditions and restrictions upon the location, construction, design and use of the property, that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.
2. The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.
3. The Land Use Hearing Officer may grant a variance less than that requested when the record supports the applicant’s right to some relief, but not to the entire relief requested.
4. Use variances are prohibited.
5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
Approval Standards.
1. The Land Use Hearing Officer may grant a variance only if all of the following standards are met.
  1. Literal enforcement of the Zoning Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances.
  2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone.
  3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
  4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
  5. The spirit of the zoning ordinance is observed, and substantial justice done.
2. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (D)(1), the land use hearing officer may not find an unreasonable hardship unless the alleged hardship:
  1. Is located on or associated with the property for which the variance is sought; and
  2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
3. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection (D)(1), the land use hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under subsection (D)(1), the land use hearing officer may find that special circumstances exist only if the special circumstances:
  1. Relate to the hardship complained of; and
  2. Deprive the property of privileges granted to other properties in the same district.
5. In granting a variance, the land use hearing officer may impose additional requirements on the applicant that will:
  1. Mitigate any harmful effects of the variance; or
  2. Serve the purpose of the standard or requirement that is waived or modified.
Appeals. Any person adversely affected by a variance decision of the Land Use Hearing Officer may appeal the decision to the 3rd District Court of Salt Lake County.
Any variance granted shall run with the land.

19.20.020 SPECIAL EXCEPTIONS

Submittal and Procedure.
1. Submittal of Application. All applications shall be filed in accordance with the requirements of Chapter 19.16.
2. MAILED NOTICE. Courtesy notice shall be mailed ten (10) days prior to the public meeting to adjacent and surrounding Property Owners within three hundred feet (300’) of the subject property’s boundary. The Property Owner or agent must provide the Planning Department with an electronic list of each Property Owner of record of each Parcel located entirely or partly within three hundred feet (300’) of the subject property’s boundary. The addresses for neighboring Property Owners must be as shown on the most recently available Salt Lake County tax assessment rolls. Any defect in such courtesy mailed notice shall not affect or invalidate any hearing or action on the Variance.
3. Special Exceptions Approved by the Land Use Hearing Officer.
  1. The Land Use Hearing Officer may consider approval of the following special exceptions:
    1. Where a zone boundary line divides a lot in single ownership, extension of a use allowed on either portion of the lot a maximum of fifty feet (50’) into the other portion of the lot.
  2. The Land Use Hearing Officer shall consider a proposed special exception in a public meeting.
  3. During or after the close of the public meeting, the Land Use Hearing Officer may take action in the form of approval, modified approval or denial in writing.
  4. Based upon the evidence presented at the meeting, the Land Use Hearing Officer shall evaluate the application to determine that the exception is consistent with the purposes of this Ordinance and will not be detrimental to the health, safety or general welfare of persons residing or working, or injurious to property in the vicinity
4. Special Exceptions Approved by the Planning Commission.
  1. The Planning Commission may consider approval of the following special exceptions:
    1. Exceptions as set forth in the Foothills and Canyons Overlay Zone, Chapter 19.38.
  2. The Planning Commission shall consider a proposed special exception in a public meeting.
  3. Having heard the matter at a public meeting, the Planning Commission may take action in the form of approval, modified approval or denial on applications for a special exception.
Conditions. The Land Use Hearing Officer or Planning Commission may impose such conditions and restrictions upon the location, construction, design or use of the property, as necessary or appropriate to protect the public interest and adjacent property.
Appeals.
1. Any person adversely affected by a decision of the Planning Commission regarding a special exception may appeal that decision to the Land Use Hearing Officer.
2. Any person adversely affected by a decision of the Land Use Hearing Officer regarding a special exception may appeal that decision to the 3rd District Court of Salt Lake County.

19.20.030 ADMINISTRATIVE APPEALS

Definition. Any person adversely affected by a decision made by the Director or Planning Commission in administering or interpreting this Title, or a fee charged as listed in Utah Code 10-9a-510 may appeal such decision to the Land Use Hearing Officer (“administrative appeal”).
Initiation.
1. An appeal shall be filed in writing within 10 days of the decision, include a comprehensive statement of all the reasons for the appeal, including specific provisions of the law, if known, that are alleged to be violated by the action taken, specify the errors in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance, specifically allege how such action is arbitrary, capricious or illegal and shall present every theory of relief that the appellant can raise in district court.
2. The Land Use Hearing Officer shall hear all appeals of such decisions by the Director or Planning Commission administering or interpreting this Title.
3. Appeals must be submitted to the Director with the fee as determined in the fee schedule, contain the name, address, and telephone number of the petitioner; the petitioner's relationship to the project or subject Property.
Standard of Review.
1. The appellant has the burden of proving that the land use authority erred.
2. The appeal authority shall review factual matters with deference to the land use authority's determination of factual matters. No new evidence may be received.
3. The appeal authority shall determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations, and interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
4. Review of petitions of appeal shall be limited to consideration of only those matters raised by the petition(s), unless the appeal authority grants either party approval to enlarge the scope of the appeal to accept information on other matters.
Procedure.
1. Administrative appeals shall be considered in a public meeting.
2. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance unless those terms or requirements are applied in a manner that is arbitrary, capricious or illegal.
3. The person filing the appeal has the burden of proving that the decision was arbitrary, capricious or illegal.
4. The Land Use Hearing Officer’s review is limited to the record. The Land Use Hearing Officer shall not accept or consider any evidence outside the record unless that evidence was offered to and improperly excluded by the Council, the Planning Commission, or the Director. If there is no record, the Land Use Hearing Officer may call witnesses and take evidence.
5. After review of the record and written and oral argument from both parties, the Land Use Hearing Officer shall render a decision.
6. The Land Use Hearing Officer shall affirm the decision of the Planning Commission, or the Director, unless the Land Use Hearing Officer finds that decision was arbitrary, capricious or illegal.
7. If the decision of the Planning Commission, or the Director is determined to be arbitrary, capricious or illegal, the Land Use Hearing Officer may reverse, alter or remand the decision to the original decision-making body for further review and consideration of the action taken.
Stay of Proceedings. Upon the filing of an appeal, any approval granted under this Title will be suspended until the Land Use Hearing Officer has acted on the appeal.

19.20.040 CONDITIONS PRECEDENT TO REVIEW

As provided by Utah Code Annotated § 10-9a-701(4), an adversely affected party of a land use decision shall present to the applicable appeal authority every theory of relief that it can raise in district court.
Appeals of decisions regarding whether or not to amend the number, shape, boundaries, or area of any zoning district; any regulation of or within the zoning district; or any other provision of the development code may be appealed directly to the district court.
An adversely affected party shall not appeal to the district court a decision of the Planning Commission under subsection B of this section. Only final decisions of the municipal council regarding amendments to the zoning ordinance of the Town of Brighton (Title 19 of this code) or other provisions of the development code may be appealed to the district court.
An adversely affected party shall have thirty (30) days to appeal a final decision of the municipal council under subsection 19.16.080 of this Title to the district court.