Leeds City Zoning Code

The Leeds Appeal Authority shall be the Leeds Land Use Hearing Officer (“Hearing Officer”) to be appointed by the Leeds Mayor with approval and consent of the Leeds Town Council. The Leeds Mayor may appoint more than one hearing officer, but only one hearing officer shall consider and decide any matter properly presented for hearing officer review. 

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The term of office for a hearing officer shall be for three (3) years.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The Hearing Officer shall have the following powers as defined in Utah State Code Section 10-9a-701 through 10-9a-708:

1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official(s) in the enforcement of this article or of any ordinance adopted pursuant thereto.
2. The Hearing Officer shall act in a quasi-judicial manner and serve as final arbiter of issues involving the interpretation of applications of Land Use Ordinances.
3. The Appeal Authority 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.
4. o hear and decide interpretations to the terms of this Ordinance upon which such Hearing Officer is required to pass under the provisions of this Ordinance.
5. To authorize such 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 the provisions of this Ordinance will result in unnecessary hardship, providing the hardship was not self-imposed; provided, that the spirit of this Ordinance shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that all the following conditions exist:
6. Literal enforcement of the Land Use Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the Land Use Ordinance.
7. There are special circumstances attached to the property that do not generally apply to other properties in the same district.
8. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property owners in the same district.
9. The variance will not substantially affect the general plan and will not be contrary to the health, safety, and welfare of the citizens of Leeds.
10. The spirit of the Land Use Ordinance is observed and substantial justice done.
11. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under State Code section 10-9a-702(2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship: (a) is located on or associated with the property for which the variance is sought; and (b) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

Vacancies of appointed members occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Leeds Mayor with approval and consent of the Leeds Town Council. The Leeds Town Council shall have the right to remove any Hearing Officer for cause. Cause shall include but not be limited to such things as misconduct and non-performance of duty. Misconduct shall include but not be limited to such things as:

1. conviction of a crime involving moral turpitude;
2. entertaining an appeal of a matter in which the Hearing Officer had previously acted as the land use authority;
3. entertaining an appeal of a matter in which the Hearing Officer has a financial, familial, or similar interest;

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

Each Hearing Officer shall be compensated for their services on a reasonable, uniform basis applicable to all the Town’s hearing officers. The basis and rate of compensation shall be determined by the Mayor in consultation with the Leeds Town Council and the Town attorney. The Leeds Town Council shall provide for reimbursement of the Hearing Officer for actual expenses incurred, upon presentation of proper receipts and vouchers when approved by the Leeds Town Council prior to incurring the expense and upon written request to the Leeds Town Council by the Hearing Officer.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The Hearing Officer shall adopt such rules and procedures, as it may deem necessary for the regulation and proper conduct of his/her duties, not inconsistent with the provisions of this Ordinance or of State law. Such rules and procedures shall become effective upon approval by the Leeds Town Council. The Hearing Officer shall keep a record of his/her proceedings; such record shall be open to inspection by the public at all reasonable times. Copies of the Appeals Authority proceedings, decisions and minutes shall be provided to the Leeds Town Council after each Leeds Appeals Authority meeting. All decisions of a Hearing Officer must be reduced to writing. 

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The Leeds Appeals Authority may, upon the approval of the Leeds Town Council, employ experts and staff, including consultants and a secretary, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this Ordinance, providing that such expenditures may not exceed the amount appropriated for the operation of the Leeds Appeals Authority by the Leeds Town Council.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

1. As a condition precedent to judicial review, each adversely affected applicant shall timely and specifically challenge a land use authority’s decision by the following process. Only those decisions in which a land use authority had applied a Land Use Ordinance to a particular application, person, or parcel may be appealed to an Appeal Authority.
2. A Notice of Appeal shall be presented in writing within thirty (30) days of when the land use decision was made. The Notice of Appeal shall include a detailed description of the land use being appealed, along with references to all Ordinances that the applicant feels applies to this decision. The Notice of Appeal should include a brief statement of the basis for the appeal, indicating ordinances, statutes, and/or facts that the applicant believes were interpreted or applied improperly. The minutes of the Planning Commission and/or Town Council meetings, as applicable, shall establish the date the land use decision was made.
3. The applicant will timely file such additional briefs, statements or other documentary evidence pursuant to the schedule outlined in the rules and procedures promulgated by the Hearing Officer and approved by the Leeds Town Council pursuant to Section 3.6 of this Chapter. 
4. The affected applicant is required to present to the Appeal Authority every theory of relief that he/she can raise in district court.
5. The affected applicant shall attend all hearings and meetings associated with his/her appeal.
6. The Appeal Authority shall not require an adversely affected applicant to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of the adversely affected party’s duty to exhaust administrative remedies.
7. The decision of the Appeal Authority takes effect on the date when the appeal authority issues a written decision and this written decision constitutes a final decision.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

Approval or disapproval, rejection, or modified approval of an appeal shall be based upon written findings which shall be made a part of the official record.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

1. Meetings of the Leeds Appeal Authority shall be held at the call of the Chair, and at such other times as the Board may determine. The Board shall meet during July of each year to elect a Chair and establish/change any of their procedure rules. The Chair may administer oaths and compel the attendance of witnesses. All meetings of the Leeds Appeal Authority shall be open to the public, and held at the Leeds Town Hall unless it is determined by the Chair that an alternate location is required and appropriately posted.
2. The Appeal Authority shall notify each of its members of any meeting or hearing of the Board.
3. The Appeal Authority shall provide each of its members with the same information and access to municipal resources as any other member.
4. The Leeds Appeal Authority shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failure to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed with the Leeds Town Clerk and shall be public record.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

In exercising the above-mentioned powers, the Hearing Officer may in conformity with the provisions of this Ordinance reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such other requirement, decision, or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The burden of proof is on the appellant. The Appeal Authority shall consider all factual matters related to the land use decision being appealed. The Appeal Authority shall determine the correctness of a decision of the land use authority in its interpretation of the Land Use Ordinance and applicable State law.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

The Town of Leeds or any person aggrieved by any decision of the Hearing Officer may have and maintain a plenary action for relief there from in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such written decision with the Town Clerk. Appellant will not be allowed to raise any issues on judicial review that are not raised before the Appeal Authority.

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020

HISTORY:

Ord. 2008-04, 8/13/2008

Ord. 2012-03, 2/22/2012

Ord. 2020-02, 5/13/2020