Fairfield City Zoning Code

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPEAL AUTHORITY. A person, board, commission or body designated by the town to decide appeals from administrative decisions interpreting or applying the land use ordinances, including the Town Council, Planning Commission or a Land Use Hearing Officer, as applicable. An APPEAL AUTHORITY acts in a quasi-judicial capacity.

   APPLICANT. A person, entity or authorized representative who submits a land use application to the town.

   APPLICATION (LAND USE APPLICATION). A written request submitted to the town for approval of a permit, license or other form of land use or development authorization under the provisions of this chapter.

   BUILDING DEPARTMENT. The administrative office of the town responsible for reviewing and issuing building permits, land use applications and for determining application completeness under this chapter.

   COMPLETE APPLICATION. A land use application that includes all information, plans and fees required by this chapter, and which the Building Department has formally deemed complete.

   DEVELOPMENT REVIEW COMMITTEE (DRC). A staff or interdepartmental advisory committee established by the Mayor, with the advice and consent of the Town Council, to review land use applications and provide technical and compliance feedback to land use authorities.

   FINAL DECISION. A decision made by a land use authority or appeal authority that constitutes the town’s final action on a land use matter, thereby triggering any right to appeal or judicial review.

   HEARING OFFICER. An individual appointed by the Mayor, with the advice and consent of the Town Council, to serve as an appeal authority in a quasi-judicial capacity. The Hearing Officer must be qualified by training and experience and may not be a current elected or appointed town official or employee.

   LAND USE AUTHORITY. A person, board, commission or body designated by the town to act on a land use application, including the Town Council, Planning Commission, Building Department or others as established by ordinance. A LAND USE AUTHORITY may be either administrative or legislative in function, but may not act in both capacities on the same matter.

   LAND USE DECISION. A final decision of a land use authority or appeal authority applying land use ordinances to a specific application, parcel or person. Legislative acts, such as adoption of ordinances or zoning maps, are not considered LAND USE DECISIONS under this chapter.

   LAND USE ORDINANCE. A regulation adopted by the town that governs the use, development or subdivision of land, including zoning ordinances, subdivision ordinances and other applicable land use regulations.

   LEGISLATIVE ACT. An action of the Town Council that creates or amends land use policy, including the adoption or amendment of zoning ordinances, subdivision ordinances, general plans and zoning maps.

   QUASI-JUDICIAL. A function characterized by the interpretation and application of law to specific facts, requiring findings of fact and conclusions of law. QUASI-JUDICIAL bodies must comply with procedural due process requirements, including impartiality and a fair hearing.

   VARIANCE. A modification to the requirements of this chapter granted by an appeal authority pursuant to U.C.A. § 10-9a-702, where literal enforcement of the ordinance would cause unreasonable hardship due to unique circumstances.

   WRITTEN DECISION. A written document issued by a land use authority or appeal authority that states the outcome of a land use matter, including findings of fact, conclusions of law and conditions of approval or denial, as applicable.

(Prior Code, § 10.5.180)

   The land use authorities identified by this subchapter shall have responsibilities for administering and implementing the town’s general plan and this chapter, including this subchapter, as allowed by U.C.A. § 10-9a, State Land Use, Development and Management Act (LUDMA), and as provided herein.

(Prior Code, § 10.5.10)

   (A)   Powers and duties. For the purposes of this subchapter, the Town Council (also known as the “Council”) shall:

      (1)   Adopt amendments to the general plan and all elements of the general plan;

      (2)   Adopt amendments to this chapter, including this subchapter;

      (3)   Direct the Commission to prepare the general plan, any proposed plan element and any amendments, and to submit the proposed plan, element or amendments to the Town Council;

      (4)   Direct the Commission to prepare all land use ordinances, including this subchapter, zoning maps, official maps and any amendments, and to submit such land use ordinances or amendments to the Town Council;

      (5)   May act as an appeals authority;

      (6)   Render or appoint a designee to render a determination when an applicant asserts a taking of property without just compensation or has asserted some other constitutional invalidity;

      (7)   Establish a fee schedule by resolution for all approvals, permits and licenses required by the town’s land use ordinances; and

      (8)   Take such other action(s) as authorized by U.C.A. §§ 10-9a et seq., or required by this subchapter, and not expressly delegated to any other land use authority.

   (B)   Effective date of decisions. All decisions of the Council made under the authority of this subchapter shall take effect on the date of the meeting when the decision is made unless a different date is designated in the Council’s rules or a different date is designated by the Council at the time the decision is made.

(Prior Code, § 10.5.20)

   The Planning Commission (hereinafter “Commission”) was created and established pursuant to U.C.A. § 10-9a, or prior enactments of LUDMA.

   (A)   Terms of members.

      (1)   The Commission shall consist of five volunteer members, to be appointed by the Mayor with the advice and consent of the Town Council.

      (2)   The terms of the Planning Commission shall be staggered. Each member of the Planning Commission shall serve for a term of five years and until a successor is appointed, not to exceed 30 days past the five-year term.

      (3)   (a)   The term of the Commissioners shall be such that the term of one member shall expire each year. In the case of a death, resignation and the like, the Mayor, with the advice and consent of the Town Council, shall appoint a person to fill the vacancy for the remainder of the unexpired term. Terms of members of the Planning Commission shall begin on or before the first Commission meeting in July of each year.

         (b)   The Town Council may remove any member of the Planning Commission as decided upon by majority vote. Vacancies shall be promptly filled in the same manner as the original appointment for the remainder of the unexpired term.

      (4)   A Commission member may be reappointed to additional terms by the Mayor with the advice and consent of the Town Council.

      (5)   Commission members shall be residents of the town for at least one year and shall not be an elected official. If a member of the Planning Commission ceases to be a resident of the town, the office must be vacated.

   (B)   Organization of the Commission.

      (1)   A Chairperson and Vice-Chairperson shall be elected by a majority of the Commissioners annually in the month of July and at other times as required. A quorum must be present to elect the Chairperson and Vice-Chairperson. If a quorum is lacking, the Commission will hold an election at the next regularly scheduled meeting at which a quorum is available.

      (2)   Three members of the Planning Commission shall constitute a quorum.

      (3)   The Chairperson and Vice-Chairperson shall serve terms of one year. No member should serve three consecutive years unless, in the event that the four remaining members are unable to serve as Chairperson, the incumbent Chairperson may serve another term by the unanimous vote of four members of the Planning Commission.

      (4)   The Commission will vote annually for the Chairperson and Vice-Chairperson by ballot.

      (5)   In the absence of the Chairperson, the Vice-Chairperson shall have all the power of the Chairperson.

      (6)   The Chairperson shall preside at all Commission meetings and have the powers generally assigned to such office in conducting the meetings.

      (7)   The Chairperson or designee shall update the Town Council at least once every quarter, or as often as the Mayor deems necessary.

      (8)   It shall be the Chairperson’s duty to see that the transaction of Commission business is in accordance with these bylaws.

      (9)   The Planning Commission, by a majority vote of the Commission, may create special committees and assign one or more members to such committees.

      (10)   (a)   The Mayor shall assign a person to act as the recording secretary to serve the Commission. The Secretary or designee shall keep the minutes of all proceedings of the Commission, which minutes shall be the official record of all proceedings before the Commission as approved by a majority vote of the members of the Commission in attendance at a meeting where a quorum has been established.

         (b)   The Secretary or designee shall be compensated as approved by the Town Council. The minutes of all meetings of the Commission shall be filed in the Office of the Town Recorder/Clerk. All such records shall be available for public review and access in accordance with GRAMA.

   (C)   Selection of members.

      (1)   (a)   Notice of all Planning Commission vacancies shall be posted in two public places and sent by e-mail to all residents who provide the town with their e-mail address. In addition, postcards or other appropriate ways of notification may be used to ensure that all residents of the town are duly notified of the vacancy.

         (b)   Said notice shall be advertised for not less than 14 days and shall include at least the following:

            1.   The purpose of the notice;

            2.   The general purpose, duties and responsibilities of the Planning Commission;

            3.   Directions for interested applicants to submit a letter of interest to the Town Recorder/Clerk; and

            4.   The deadline for accepting applications.

      (2)   The Town Council may review all applications.

      (3)   Planning Commissioners shall be appointed by the Mayor, with the approval of the Town Council.

      (4)   Planning Commissioners may reapply for Commission vacancies.

      (5)   Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the unexpired term.

      (6)   Failure to attend three consecutive regular meetings, or missing 30% of regular meetings in a calendar year, shall be construed by the Chairperson as grounds for dismissal from the Commission. The Chairperson would then recommend the removal of the Commissioner to the Town Council.

      (7)   Members proposing to resign shall give reasonable notice of such intent to the Town Council and Planning Commission and make the date of resignation effective in such a manner as to allow time for the appointment of replacements.

   (D)   Powers and duties. The Planning Commission shall be an advisory body to the Council on legislative matters pertaining to the town’s general plan and land use ordinances. The Commission shall:

      (1)   Prepare, or cause to be prepared, the general plan, any proposed plan element and any amendments to, and to submit the proposed plan, element or amendments to the Council;

      (2)   Prepare or cause to be prepared all land use codes, including this subchapter, zoning maps, official maps and any amendments thereto, and to submit such land use ordinances, or amendments thereto, to the Council;

      (3)   Review and recommend approval or denial of all applications for a general plan amendment and Land Use Code amendment to the Council;

      (4)   Review and render a decision of approval, approval with conditions or denial regarding conditional use applications;

      (5)   Review and recommend approval, approval with conditions or denial of all subdivision applications to the Council, as authorized by the subdivision ordinance;

      (6)   In the event of the need to determine the boundary of a zone, the Commission shall have the authority and jurisdiction to render a written interpretation of the boundary of a zone;

      (7)   May act as an appeals authority, as provided by § 154.048 of this chapter;

      (8)   Adopt bylaws, policies and procedures for the conduct of the duties and meetings of the Planning Commission, for the consideration of applications and for any other purposes deemed necessary by the Commission, provided that such bylaws, policies and procedures are approved by the Town Council before taking effect;

      (9)   Advise the Town Council on code amendments;

      (10)   Advise the Council on other matters as the Council may direct; and

      (11)   Approve site plans.

(Prior Code, § 10.5.30) (Ord. 06132023-01, passed 6-13-2023)

   (A)   Commission established.

      (1)   The Town Planning Commission is designated as the Airport Zoning Commission as prescribed in U.C.A. § 72-10-405.

      (2)   In this chapter and state law, any references to the “Airport Zoning Commission” shall mean the Town Planning Commission.

      (3)   If the Planning Commission is empowered in this chapter to take actions that are duties of the Airport Zoning Commission as prescribed in state law, the Planning Commission shall be presumed to be functioning as the Airport Zoning Commission.

      (4)   The Airport Zoning Commission shall recommend boundaries of the various zones to be established and the regulations to be adopted pertaining to any airport hazard area, and to perform such other duties as may be assigned to it by the Town Council or state law.

   (B)   Airport Land Use Appeal Board established.

      (1)   The Town Land Use Appeal Board is designated as the Airport Board of Adjustment as prescribed in U.C.A. § 72-10-405.

      (2)   In this chapter and state law, any references to the “Airport Board of Adjustment” shall mean the Town Land Use Appeal Board.

      (3)   If the Land Use Appeal Board is empowered in this chapter to take actions that are duties of the Airport Board of Adjustment as prescribed in state law, the Land Use Appeal Board shall be presumed to be functioning as the Airport Board of Adjustment.

      (4)   The airpark’s appeal authority shall hear issues pertaining to any airport hazard area and perform such other duties as may be assigned to it by the Town Council or state law.

(Prior Code, § 10.5.35)

   (A)   Administration. The Town Building Department will carry out the administrative responsibilities of this chapter. The Town Building Department may be referred to as the “Building Department.”

   (B)   Powers and duties. The Building Department shall:

      (1)   After the receipt of a business license or land use application, the Building Department shall determine if the application is complete:

         (a)   If the Building Department determines that the application is complete, the application review procedures may be commenced; and

         (b)   If the Building Department determines that the application is incomplete, the Building Department shall notify the applicant in writing, identifying the application deficiencies and advising the applicant that no action will be taken by the land use authority, as applicable, until all application deficiencies have been corrected.

      (2)   Carry out all other functions, duties, tasks and actions, as identified;

      (3)   Approve building permits; and

      (4)   Forward approved building permits to the proper authority.

(Prior Code, § 10.5.40)

   (A)   Establishment. A Development Review Committee (hereinafter identified as the “DRC”) may be established and created by the Mayor with the advice and consent of the Council.

   (B)   Purpose. The purpose of the DRC is to assure that any proposed use, activity, building or structure is consistent with the general plan and complies with all requirements of the town’s land use ordinances, including this subchapter and all other applicable ordinances and requirements.

   (C)   Membership. The DRC shall consist of persons representing town departments and other persons, as may be designated by the Mayor and Town Council, responsible for reviewing and coordinating applications for any land use application approval, permit or license.

   (D)   Powers and duties. The DRC shall act under the direction of the Mayor and shall have the following duties and responsibilities.

      (1)   Before a land use authority considers any permitted use or conditional use application, the DRC shall review the application to determine compliance of the application with the general plan and all applicable ordinances.

      (2)   The DRC shall provide a report to the land use authority identifying the compliance of any permitted use or conditional use application with the general plan and all applicable ordinances prior to review and decision by a land use authority.

      (3)   The DRC may provide a report to the Building Department for any temporary use or permitted use application identifying compliance with the general plan and all applicable ordinances prior to review and decision by the Building Department.

      (4)   The DRC may present findings for consideration by the land use authority in the review and decision of any application for any approval, permit or license.

   (E)   Conduct of meetings. The DRC shall establish procedures for the conduct of DRC meetings, the scheduling of meetings, field trips and any other DRC matters, such procedures being reviewed and approved by the Mayor before taking effect.

   (F)   Acting. The DRC shall not act as a land use authority or a decision-making body.

   (G)   Open meetings. Any time that three members of the Town Council or the Planning Commission sit on the DRC Board, the Open Public Meetings Act, being U.C.A. Title 52, Chapter 4, will be adhered to.

(Prior Code, § 10.5.50)

   The officers and staff of the town shall provide support and assistance to the town’s land use authorities as may be required from time to time.

(Prior Code, § 10.5.60)

   All meetings and hearings of all land use authorities identified herein shall comply with the provisions of this chapter and all other applicable ordinances for such meetings and hearings, and the requirements of LUDMA, being U.C.A. §§ 10-9a-101 et seq., and the state statutes, as amended, for open and public meetings.

(Prior Code, § 10.5.70)

   The Council may provide guidelines, standards, reference materials, forms or other documents to assist the land use authorities and Building Department in the administration, implementation and interpretation of this chapter and all other land use ordinances.

(Prior Code, § 10.5.80)

   All times identified herein shall be computed using calendar days, except that if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded and time computed to the next regular business day following the Saturday, Sunday or legal holiday. The time within which an act is to be done shall be computed by excluding the first day and including the last day.

(Prior Code, § 10.5.90)

   In determining compliance with the numerical requirements of this chapter, any computation or measurement resulting in a fractional number, except density calculations, shall be rounded to the nearest whole number. Density calculations shall be rounded down to the nearest whole number.

(Prior Code, § 10.5.100)

   (A)   Validity of action. Notwithstanding any provision of this chapter which sets forth a procedure for any matter, no decision, action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to an application, notice, decision, finding, record, hearing, report or recommendation, or any other procedural matter whatsoever, unless:

      (1)   The procedure is required by state or federal law; and

      (2)   In an examination of the entire circumstances, including the evidence on record, it is determined that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:

         (a)   Had the error not occurred, the decision made pursuant to the procedure would have been different; and

         (b)   Because of the error, the complainant suffered an injury for which relief must be given.

   (B)   Presumption of validity. It shall be presumed that a decision or action taken pursuant to a procedure was done in good faith, and it shall not be presumed that an error is prejudicial, or that an injury occurred. The complainant shall have the burden of proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.

(Prior Code, § 10.5.110)

   A land use application is considered submitted and complete on the date the Building Department determines the application complete and determines that the application complies with the requirements of the applicable land use ordinances and all applicable fees have been paid.

(Prior Code, § 10.5.120)

   (A)   The validity of an approval of a land use application shall terminate six months from the date of the approval by the land use authority unless an alternate date is specifically provided by the applicable land use ordinance, or the applicant has proceeded within six months from the date of approval with reasonable diligence to implement the approval.

   (B)   An approval by a land use authority shall be invalid and null and void if a use is conducted, or a building or structure is established, in violation of any requirements of all land use ordinances or of the requirements or conditions of approval.

(Prior Code, § 10.5.130)

   Each land use authority of the town, as identified herein, shall comply with the terms and standards of all applicable land use ordinances, including this subchapter, and shall comply with the mandatory provisions of such land use ordinances/codes.

(Prior Code, § 10.5.140)

   The approval of any land use application shall continue to comply with all requirements, conditions, terms and standards of approval as required by the land use authority and shall continue to comply with the requirements of all land use ordinances/codes. Failure to comply shall render the approval void.

(Prior Code, § 10.5.150)

   (A)   The town may acquire property through purchase, gift, voluntary dedication or eminent domain in conjunction with state and federal requirements. See §§ 32.045 to 32.051 of this code for the takings policy and U.C.A. § 78B-6-5.

   (B)   The town may require the dedication and improvement of a street or other facility if the street or other facility is found necessary by the town because of a proposed development.

(Prior Code, § 10.5.160)

   (A)   Responsibility. An appeal authority is a quasi-judicial body that works within the strict rules of the law as it is written. It is a very narrow area of land use law. The appeal authority does not have the power to rewrite or create new law. Even if it believes the law under consideration is silly, unwise, inappropriate or unclear, the first responsibility is to determine whether the matter before it is consistent with the law. An appeal authority must both know the law and possess the courage to follow it. When the Town Council acts as the appeal authority, it must and shall apply the law as written in the ordinance/code.

   (B)   Legal authority. Pursuant to U.C.A. § 10-9a-701, the town is required to establish one or more appeal authorities to hear and decide requests for variances from the terms of the land use ordinances of the town, appeals from decisions applying the land use ordinances of the town and appeals from a fee charged in accordance with U.C.A. § 10-9a-510. The timely and specific appeal to the appeal authority described in this section, and the exhaustion of administrative remedies, shall be conditions precedent to the judicial review of any decision. A decision of an appeal authority may be appealed to a district court within 30 days of the entry of the final decision of the appeal authority.

   (C)   Creation of appeal authorities. The town establishes the following appeal authorities.

      (1)   The Planning Commission shall be the appeal authority to hear appeals from decisions of the Building Department where the Building Department has final decision-making authority regarding a land use permit, a land use application or the enforcement of a land use regulation, land use permit or development agreement. A decision by the Planning Commission as appeal authority from decisions of the Building Department shall be the final decision of the town on the issue.

      (2)   The Town Council shall be the appeal authority (by majority vote of the Town Council) to hear appeals from decisions of the Planning Commission where the Planning Commission has final decision-making authority regarding a land use permit, a land use application, the enforcement of a land use regulation or development agreement or the imposition of a fee charged in accordance with U.C.A. § 10-9a-510. The Town Council may not hear appeals from decisions of the Planning Commission when the Planning Commission is acting as an appeal authority from decisions of the Building Department. A decision by the appeal authority from decisions of the Planning Commission shall be the final decision of the town on the issue.

      (3)   A Land Use Hearing Officer (the “Hearing Officer”) appointed by the Mayor with the advice and consent of the Town Council shall be the appeal authority from decisions of the Town Council where the Town Council has final decision-making authority regarding requests for variances, a land use permit, a land use application, the enforcement of a land use regulation or development agreement or the imposition of a fee charged in accordance with U.C.A. § 10-9a-510. The town may appoint one or more Hearing Officers to ensure availability as required for the efficient disposition of appeals.

         (a)   The Hearing Officer shall be appointed by the Mayor, with the advice and consent of the Town Council, within 30 days from the date the appeal petition is filed.

         (b)   The Hearing Officer shall be or have been a professional in law, land use or public administration and shall have the knowledge, training and experience necessary to effectively conduct administrative hearings regarding variances and appeals of land use decisions, including knowledge and familiarity with the requirements of constitutional due process.

         (c)   The Hearing Officer shall not be a member of the Town Council, Planning Commission, town staff or any other elected or appointed official of the town.

         (d)   The Hearing Officer shall be appointed for a specific appeal by the town. Each new case may require a new appointment. The Hearing Officer serves at the pleasure of the Town Council and may be dismissed by the majority vote of the Town Council, with or without cause.

         (e)   The Hearing Officer shall act in a quasi-judicial matter, consistent with the requirements of this subchapter.

         (f)   With the advice and consent of the Town Council, the Hearing Officer may be authorized to hear and to decide appeals from any final order, requirement, determination or decision of any land use authority of the town related to the application of this chapter. If the Town Council appoints a Hearing Officer to be the appeal authority for decisions of the Building Department or the Planning Commission, that appointment will suspend provisions of this chapter which are inconsistent with such appointment.

         (g)   The Hearing Officer may not hear or decide an appeal of any legislative act of the Town Council, including, without limitation, zoning ordinance or map amendments. Except as expressly provided in this chapter on variances, the Hearing Officer may not waive or modify the terms or requirements of this chapter.

   (D)   Hearings, rules and decisions. Hearings before an appeal authority are convened on a case-by-case basis.

      (1)   Upon the filing of an appeal, the Town Recorder/Clerk shall forthwith transmit to the appeal authority all the papers constituting the record upon which the action appealed from was taken.

      (2)   The appeal authority may adopt rules for the regulation of hearings. Such rules shall be consistent with state law and with the provisions of this code and shall be approved by the Town Council.

      (3)   The appeal authority may administer oaths and compel the attendance of witnesses.

      (4)   All meetings of an appeal authority shall comply with the requirements of the State Open and Public Meetings Act, U.C.A. §§ 52-4-101 et seq.

      (5)   Decisions of an appeal authority become effective on the date the appeal authority issues a written decision unless a different time is designated in such written decision.

      (6)   Any decision of an appeal authority shall be delivered to all parties to the proceeding and may be posted as required for public notice.

   (E)   Maximum filing time. The maximum time allowed to file an appeal shall be as follows.

      (1)   (a)   Any person, including, but not limited to, the applicant on any land use application, approval, license or permit; a neighboring or adjoining property owner; and any board or officer of the town aggrieved by a decision of a land use authority’s decision administering or interpreting the town’s land use ordinances may, within 15 days of the decision, file with the Recorder/Clerk written intention to appeal the decision to the applicable appeal authority.

         (b)   All briefing and documentation that will be relied upon by the appellant for the appeal shall be submitted to the applicable appeal authority within 30 days of when the written notice of intention to appeal is filed or within 30 days after the appointment of a Hearing Officer, whichever is later.

      (2)   Any person who appeared before the appeal authority regarding an appeal of a land use authority decision, and who is aggrieved by a decision of an appeal authority, may file an appeal petition for the review of the appeal authority’s decision with the District Court within 30 days after the appeal authority’s decision is final, as provided by this section.

   (F)   Requirements for an appeal petition.

      (1)   An appeal petition of a land use authority’s decision shall clearly identify the alleged error in any order, requirement, decision or determination made by the land use authority in the administration or interpretation of the town’s land use ordinances/codes.

      (2)   Only those decisions in which a land use authority has applied the requirements of the town’s land use ordinances/codes to a particular application, person, lot or parcel may be appealed to an appeal authority.

   (G)   Condition precedent to judicial review; appeal authority duties.

      (1)   As a condition precedent to judicial review, each adversely affected person shall timely and specifically appeal a land use authority’s decision to the applicable appeal authority in accordance with the requirements of this subchapter.

      (2)   An appeal authority shall:

         (a)   Act in a quasi-judicial manner;

         (b)   Serve as the final arbiter of issues involving the interpretation or application of the town’s land use ordinances/codes;

         (c)   Not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority;

         (d)   Require an adversely affected party to present every theory of relief that it can raise in District Court; and

         (e)   Not require an adversely affected party to pursue duplicate or successive appeals before it, or another appeal authority, as a condition of the adversely affected party’s duty to exhaust administrative remedies.

   (H)   Application required. An appeal of a land use authority’s decision shall be made on the land use appeal application provided by the town; and If the applicant fails to correct any and all land use application deficiencies within 30 days from the date of written notification by the town, the application shall be deemed withdrawn and returned to the applicant by town staff. Any application fees paid shall also be returned to the applicant.

   (I)   Meetings, records and action of an appeal authority.

      (1)   Each appeal authority identified in this chapter shall:

         (a)   Provide each of its members with the same information and access to town resources as any other member;

         (b)   Convene only if a quorum of its members is present, which in no event shall be less than three members of the Planning Commission or Town Council; and

         (c)   Act only upon the vote of a majority of its convened members.

      (2)   (a)   After an appeal petition is determined to be complete by the town as provided herein, the town shall coordinate with the appeal authority to schedule the hearing of the appeal.

         (b)   The town shall transmit to the appeal authority all materials constituting the full and complete record of the decision of the land use authority;

      (3)   Following a written decision by the appeal authority, the appeal authority shall provide the applicant with a copy of the written decision; and

      (4)   A record of the decision of the appeal authority shall be maintained in the Office of the Town Recorder/Clerk, which shall constitute the official record of the appeal hearing and decision.

   (J)   Due process.

      (1)   The appeal authority shall conduct each appeal hearing as provided in this chapter.

      (2)   Shall respect the due process rights of each of the participants.

   (K)   Burden of proof. Any person bringing an appeal and alleging an error of a land use authority’s decision administering or interpreting the town’s land use ordinances has the burden of proving that the land use authority erred.

   (L)   Standard of review for appeal.

      (1)   The appeal authority shall hear and review all appeals only “on the record” as presented to the land use authority, including the review of all factual matters.

      (2)   The appeal authority shall only consider the materials presented originally before the land use authority in making the decision that is the subject of the appeal.

      (3)   The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation application of the land use ordinances.

      (4)   Only those decisions in which a land use authority has applied the requirements of the town’s land use ordinances to a particular application, person, lot or parcel may be appealed to an appeal authority.

      (5)   An appeal application shall not be used to waive, modify or amend any requirement, provision or term of the land use ordinances.

      (6)   A decision of the appeal authority shall take effect on the date when the appeal authority issues a written decision unless a different effective date is given in the written decision.

      (7)   No person may challenge in District Court a decision of a land use authority until that person has exhausted all administrative remedies as provided by this chapter and received a final decision from the applicable appeal authority, as provided by this section.

      (8)   Any person adversely affected by a final decision of an appeal authority made in the exercise of, or in violation of, the provisions of this chapter may file an appeal petition for review of the decision with the District Court within 30 days after the appeal authority’s decision is final.

      (9)   An appeal petition in District Court is barred unless it is filed within 30 days after the appeal authority’s decision is final.

   (M)   Tolling of time. If any private property owner files a request for mediation or arbitration of a constitutional taking issue with the State Property Rights Ombudsman, as provided by U.C.A. § 13-43-204, as amended, before the time required to file for District Court review of the appeal authority’s decision has expired, the required time for filing for District Court review shall be tolled until 30 days after mediation concludes; the arbitrator issues a final award; or the Property Rights Ombudsman issues a written statement under U.C.A. § 13-43-204(3)(b), as amended, declining to arbitrate or to appoint an arbitrator.

      (1)   A tolling under this section operates only as to the specific constitutional taking issue that is the subject of the request for mediation or arbitration filed with the Property Rights Ombudsman by a property owner.

      (2)   A request for mediation or arbitration filed with the Property Rights Ombudsman after the time under this section to file an appeal petition in the District Court has expired does not affect the time to file in the District Court.

      (3)   (a)   The appeal authority shall transmit to the District Court the record of its proceedings, including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.

         (b)   If the proceeding was tape recorded, a certified transcript of that tape recording is a true and correct transcript for the purposes of this section. The party filing a petition for review in District Court shall pay for the certified transcription of the proceedings.

   (N)   Staying of decision.

      (1)   The filing of a petition in District Court does not stay the decision of the land use authority or appeal authority, as the case may be. Before filing a petition in District Court under this section, or before making a request for mediation or arbitration of a constitutional taking issue under U.C.A. § 13-43-204, as amended, the party may petition the appeal authority to stay its decision.

      (2)   Upon receipt of a request to stay its decision, the appeal authority may order its decision stayed pending District Court review if the appeal authority finds that the correctness of its decision is reasonably debatable and a stay would be in the best interest of the town and its residents and property owners.

(Prior Code, § 10.5.170)