Huntington City Zoning Code
CHAPTER 5A
APPEAL AUTHORITY
§ 9-5A-1 APPOINTMENT OF TERM
The board of adjustment shall serve as the appeal authority.
(Ord. 5-2006, 10-18-2006; Ord. 5-2020, 8-19-2020)
§ 9-5A-2 POWERS AND DUTIES:
The powers and duties of the appeal authority shall be to hear appeals on decisions applying the zoning ordinances of Huntington City.
(Ord. 5-2006, 10-18-2006)
§ 9-5A-3 STANDARDS FOR REVIEW OF APPEALS:
A.
1.
The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance.
2.
Any person, including any officer, department, board or bureau of Huntington City affected by a decision administering or interpreting a zoning ordinance or affected by the grant or refusal of a building permit, or by any other decision of the land use authority in the administration or interpretation of the zoning ordinance may appeal such decision to the appeal authority. An appeal must be made within thirty (30) days from the date of such decision by filing with the city recorder a written notice of appeal specifying the grounds thereof. When an appeal is taken from a decision of the land use authority, the city recorder shall forthwith transmit to the appeal authority all papers, if any, constituting the record upon which the action appealed from was taken.
3.
An appeal filed in accordance with this section stays all proceedings in the action, unless the officer from whom the appeal is taken certifies to the appeal authority that by reason of facts stated in the certificate the stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the appeal authority or by the district court on application and notice and on due cause shown.
4.
The appeal authority shall fix the time for hearing any appeal within fifteen (15) days of the date of filing such appeal with the city recorder and shall give public notice thereof in accordance with the Utah Open and Public Meetings act, as well as notice to the parties in interest.
5.
Proceedings and hearings before the appeal authority shall be had pursuant to rules adopted by the city and in conformance with general principles of due process. Any party in interest may appear at such hearing in person, by agent, or by an attorney of his/her choice.
6.
The person or entity making the appeal has the burden of proving that an error has been made.
B.
1.
Only decisions applying the zoning ordinance may be appealed to the appeal authority.
2.
A person may not appeal, and the appeal authority may not consider, any zoning ordinance amendments.
3.
The city council shall hear and decide appeals from planning commission decisions regarding conditional use permits.
C.
Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.
(Ord. 5-2006, 10-18-2006)
§ 9-5A-4 DECISION ON APPEAL:
In exercising the above-mentioned powers the appeal authority may affirm, wholly or partly, or may modify the order, requirement, decision or determination of a land use authority.
(Ord. 5-2006, 10-18-2006)
§ 9-5A-5 DISTRICT COURT REVIEW OF APPEAL AUTHORITY DECISION:
1.
Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision.
2.
In the petition, the plaintiff may only allege that the appeal authority decision was arbitrary, capricious or illegal.
3.
(a)
The petition is barred unless it is filed within thirty (30) days after the appeal authority's decision is final.
(b)
(i)
The time under 3.(a) to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the private property ombudsman under Utah Code Annotated 63-34-13 until 30 days after:
(ii)
A tolling under subsection 3.(b)(i) operates only as to the specific constitutional taking issues that are the subject of the request for arbitration filed with the private property ombudsman by a property owner.
(iii)
A request for arbitration filed with the private property ombudsman after the time under Subsection 3.(a) to file a petition has expired does not affect the time to file a petition.
4.
(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 taped, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.
5.
(a)
(i)
If there is a record, the district court review is limited to the record provided by the appeal authority.
(ii)
The court may not accept or consider any evidence outside the appeal authority record unless that evidence was offered to the appeal authority and the court determines that it was improperly excluded by the appeal authority.
(b)
If there is no record, the court may call witnesses and take evidence.
6.
The court shall affirm the decision of the appeal authority if the decision is supported by substantial evidence in the record.
7.
(a)
The filing of a petition does not stay the decision of the appeal authority.
(b)
(i)
Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under section 63-34-13 Utah Code Annotated (1953 edition), the aggrieved party may petition the appeal authority to stay its decision.
(ii)
Upon receipt of a petition to stay, the appeal authority may order its decision stayed pending district court review if the appeal authority finds it to be in the best interest of the city.
(iii)
After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under section 63-34-13 Utah Code Annotated (1953 edition), the petitioner may seek an injunction from the district court staying the appeal authority's decision.
(Ord. 5-2006, 10-18-2006)