This chapter is provided to direct an applicant, a board, or officer of the City, or any other person who believes they are adversely affected by a decision of a Land Use Authority, to appeal a land use decision to the appropriate appellate body and to set forth the procedures for such appeal. (Ord. 2017-02, 2017)

   (1)   Legislative Appeals: Appeals from land use decisions that are identified as legislative matters and subject to legislative proceedings in section 16.04.102 of this title shall only be appealed to the District Court pursuant to section 10-9a-801 of the Utah Code. The City's Appeal Authority shall have no jurisdiction to consider any such legislative matter.

   (2)   Administrative Appeals: The City's Administrative Law Judge, as provided under title 2, chapter 5, "Administrative Hearings", of this Code is hereby designated as the Appeal Authority required by section 10-9a-701 of the Act, to hear and decide requests for variances and appeals from administrative decisions. (Ord. 2017-02, 2017)

   (1)   District Court Review: Any person adversely affected by a final decision of a legislative land use decision or, after exhausting administrative remedies on an administrative decision, must file a petition for review of the decision with the District Court within thirty (30) days after the City's land use decision is final.

   (2)   Administrative Appeal: Any person, including the applicant for any administrative land use application approval, license, or permit, and any board or officer of the City, aggrieved by a decision of a Land Use Authority's administrative decision may, within ten (10) calendar days of the decision, appeal the administrative decision to the City's Appeal Authority identified by subsection 16.30.102(2) of this chapter. (Ord. 2017-02, 2017)

Any appeal petition of a land use decision shall clearly identify the alleged error made by the Land Use Authority. (Ord. 2017-02, 2017)

   (1)   As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge a Land Use Authority's decision, in accordance with the requirements of this chapter.

   (2)   An Appeal Authority shall:

      (a)   Act in a quasi-judicial manner; and

      (b)   Serve as the final arbiter of issues involving the interpretation or application of the land use ordinances; and

      (c)   May not entertain an appeal of a matter in which the Appeal Authority, or any participating member, had first acted as the Land Use Authority.

   (3)   An Appeal Authority shall require an adversely affected party to present every theory of relief that it can raise in District Court.

   (4)   An Appeal Authority shall 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. (Ord. 2005-13, 2005)

   (1)   A petition to appeal a land use decision shall be made in the form and manner required by the applicable appellate body, depending on whether it is an appeal from a legislative decision to District Court or an appeal from an administrative decision to the City's Appeal Authority.

   (2)   The question whether a petition to appeal is complete or not shall be determined by the applicable clerk of the appellate body with whom the petition is filed. (Ord. 2017-02, 2017)

   (1)   Each Appeal Authority as identified herein shall:

      (a)   Notify each of its members of any meeting or hearing;

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

      (c)   Convene only if a quorum of its members is present; and

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

   (2)   After an appeal application is determined to be complete by the Zoning Administrator, as provided herein, the Zoning Administrator shall coordinate with the Appeal Authority staff to schedule the hearing of the appeal. The Zoning Administrator 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, as provided by section 16.30.113 of this chapter, the staff of the Appeal Authority shall provide the applicant with a copy of the written decision.

   (4)   A record of the decisions of the Appeal Authority shall be maintained in the Office of the City Recorder, which shall constitute the official record of the appeal. (Ord. 2005-13, 2005)

   (1)   Each Appeal Authority shall conduct each appeal as provided herein.

   (2)   Each Appeal Authority shall respect the due process rights of each of the participants. (Ord. 2005-13, 2005)

Any person bringing an appeal and alleging an error of a Land Use Authority's decision has the burden of proof that the Land Use Authority erred. (Ord. 2017-02, 2017)

The City shall transmit to the applicable appellate body the record on appeal, including the minutes, findings, orders, and, if available, a true and correct transcript of the proceedings. If the proceedings were tape recorded, a transcript of the tape recording(s) is a true and correct transcript for purposes of this requirement.

   (1)   If there is a record, the appellate body's review shall be limited to the record as provided above. The appellate body shall only consider the materials originally presented before the Land Use Authority in making the decision that is the subject of the appeal. The appellate body may not accept or consider any evidence outside the record unless that evidence was offered below and the appellate body determines that it was improperly excluded.

   (2)   If there is no record, the appellate body may call witnesses and take evidence. (Ord. 2017-02, 2017)

   (1)   Legislative Decisions: A decision, ordinance, or regulation involving the exercise of legislative discretion is valid if it is reasonably debatable that the decision, ordinance, or regulation promotes the general welfare of the City and is not otherwise illegal.

   (2)   Administrative Decisions: A final decision of an administrative matter by a Land Use Authority or an Appeal Authority is valid if the decision is supported by substantial evidence in the record and is not arbitrary, capricious, or illegal.

   (3)   Determination Of Illegality: A determination of illegality requires a determination that the decision, ordinance, or regulation violates a law, statute, or ordinance in effect at the time the decision was made or the ordinance or regulation adopted. (Ord. 2017-02, 2017)

The filing of an appeal petition does not act as an automatic stay of the Land Use Authority's decision, ordinance or regulation. (Ord. 2017-02, 2017)

A decision of each Appeal Authority, as identified herein, shall take effect on the date when the Appeal Authority, as applicable, issues a written decision, which shall constitute a final decision by the City in the matter. (Ord. 2017-02, 2017)

The procedures, standards of review and other requirements governing District Court review of final decision made by an Appeal Authority, or decisions, ordinances, or regulations made by the City Council involving the exercise of legislative discretion, are set forth in section 10-9a-801 of the Act and are incorporated herein by this reference. (Ord. 2017-02, 2017)