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Millcreek City Zoning Code

18.04 APPEALS

18.04.010 Appeals

  1. Purpose. Appeals are intended to provide additional review of a decision made by the Land Use Authority.
  2. Applicability. An applicant, Millcreek, or an adversely affected party may appeal any final decision made by the Land Use Authority regarding the administration or interpretation of this Code.
  3. Procedure for Legislative Decisions. Legislative decisions are appealed to the district court as set forth in Utah Code Section 10-9a-101 et seq.
  4. Procedure for Administrative Decisions.
    1. A notice of appeal must be filed with the Planning Director within ten (10) business days of the issuance of a written administrative decision from a Land Use Authority.
    2. Any applicable fee as set forth in the Consolidated Fee Schedule must be paid at the time of filing the notice of appeal.
    3. Upon receipt of the notice of appeal, the Planning Director will schedule the item for the next available public meeting of the Land Use Hearing Officer (LUHO), not to exceed forty-five (45) days from when the notice of appeal was received.
    4. Noticing shall be as set forth in MKZ 18.14.080, Public Notice.
    5. The LUHO shall make a determination at the meeting and issue a written decision within ten (10) days of the meeting.
  5. Approval Criteria. An appeal may be approved if the LUHO finds that there was an error in any order, requirement, decision, or determination made by the Land Use Authority in the administration or interpretation of this Code.
  6. Appeals from Subdivision Improvement Plans. Notwithstanding the foregoing, appeals from subdivision improvement plans shall be handled in accordance with Utah Code Section 10-9a-604.2.
HISTORY
Repealed & Reenacted by Ord. 25-12 on 4/28/2025

25-12