Midvale City Zoning Code
17-5 Appeal
Authority
17-5-1 Establishment of appeal authority.
Pursuant to the Utah Code, Municipal Land Use, Development, and Management Act, Midvale City is required to establish one or more appeal authorities to hear and decide variances and appeals regarding land use ordinances. Based on this, the city has created an appeals and variance hearing officer (“hearing officer”) position to fulfill these duties. (Ord. 2012-09 § 1 (Att. A))
17-5-2 Powers and duties.
The hearing officer shall act in a quasi-judicial manner, and shall serve as a final arbiter of issues involving the interpretation or application of land use ordinances. The powers and duties of the hearing officer shall be as follows:
A. To hear and decide appeals from decisions applying the provisions of this title; and
B. To hear and decide requests for variances from the terms of the zoning ordinance, pursuant to the standards of Section 17-5-4. (Ord. 2012-09 § 1 (Att. A))
17-5-3 Appointment, qualifications and term.
The appointment of the hearing officer shall be made in the following manner:
A. The appointment shall be recommended by the city attorney and community and economic development director for appointment by the mayor with the advice and consent of the city council.
B. The hearing officer shall be appointed for a two-year term, and, may thereafter, be appointed for additional two-year terms.
C. The hearing officer shall have legal training and experience, with qualifications to conduct administrative or quasi-judicial hearings regarding land use, land development, and land use regulatory codes.
D. In the case of a vacancy in the hearing officer position, a replacement shall be promptly appointed to fill the unexpired term of the previous hearing officer. This appointment shall be made in the same manner and with the same required qualifications as stated above.
E. The mayor may appoint a hearing officer pro tempore when necessitated by the absence, unavailability, incapacity or disqualification of the regularly appointed hearing officer. These appointments shall be made in the same manner and the individuals shall have the same required qualifications as stated above. (Ord. 2012-09 § 1 (Att. A))
17-5-4 Organization.
The hearing officer shall organize and implement the powers and duties of the position as follows:
A. The hearing officer shall adopt reasonable policies and procedures in accordance with city ordinances and state law to govern the functioning of the position and the conduct of meetings. Such policies and procedures shall be approved by the city council.
B. The hearing officer shall act in a quasi-judicial manner and respect due process from all parties.
C. Public hearings and public meetings are not required, provided notice is given to all affected parties of any proceedings or process where the issue is to be heard and evidence is to be gathered.
D. The hearing officer shall hold meetings as needed to consider applications within the powers and duties defined in Section 17-5-2.
E. Decisions made by the hearing officer shall become effective upon the execution of written findings of fact and conclusions of law on the matter in question. (Ord. 2012-09 § 1 (Att. A))