A.   The mayor shall appoint at least two (2) hearing officers, with advice and consent of the city council, to serve as an appeal authority for appeals of land use decisions and requests for variances under this title.

   B.   A hearing officer shall be a resident of the city.

   C.   Hearing officers shall, at a minimum, have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings regarding land use, land development and regulatory codes dealing with issues related to land use.

   D.   A hearing officer shall be appointed for a term of three (3) years and may not serve more than five (5) consecutive terms. Vacancies occurring during a term shall be filled for the balance of the term. An individual is considered to have served a full term if, due to filling a vacancy, the individual has served for at least twelve (12) months.

   E.   A hearing officer may be removed by the mayor for any reason. (Ord. 23-11: Ord. 22-33: Ord. 14-10)

   A.   A hearing officer shall hear and decide:

      1.   Requests for variances from the terms of the city's land use ordinances;

      2.   Appeals from decisions by a land use authority applying the city's land use ordinances;

      3.   Appeals from a fee charged in accordance with Utah Code Annotated section 10-9a-510;

      4.   Appeals of the denial by a land use authority of a request for a reasonable accommodation; and

      5.   Any other request or appeal of a decision delegated to a land use authority by title 16 or 17 of this code.

   B.   A hearing officer shall:

      1.   Act in a quasi-judicial manner;

      2.   Serve as the final arbiter of issues involving the interpretation or application of city land use ordinances subject to appeal to the Utah district courts as provided in Utah Code Annotated section 10-9a-801. (Ord. 22-33: Ord. 14-10)

   A.   Parties Entitled To Appeal: The City, a land use applicant, or an adversely affected party may appeal a final written decision of the land use authority.

   B.   Time To File Appeal:

      1.   Except as provided in subsection B2, an appeal of a land use decision must be filed with the city's community and economic development division within ten (10) calendar days from the date of a written decision issued by a land use authority. If a written appeal or request is not timely filed as provided in this section, the decision of the land use authority shall be final.

      2.   An appeal may be filed within thirty (30) calendar days from the date of a written decision issued by a land use authority related to (a) the denial of a request for a reasonable accommodation under chapter 17.36; or (b) for the land use applicant only, the decision of a historic preservation authority regarding a land use application.

   C.   Application: A hearing officer may only consider an appeal if the appellant submitted a complete application within the time period provided in subsection B of this section. An appeal application is complete if it includes:

      1.   A completed appeal application form provided by the city;

      2.   Payment of applicable fee; and

      3.   A written statement, no more than five (5) pages with one inch (1") margins, 12-point sans serif font, single spaced, that concisely: (a) explains the appellant's standing to appeal; (b) identifies the alleged error in the administration or interpretation of the city's land use ordinances that is grounds for the appeal; and (c) provides reasons the appellant claims the applicable decision was made in error.

   D.   Stay Of Proceedings: The filing of a written appeal or request does not stay the decision of the land use authority. The appellant may petition the assigned hearing officer to stay the land use authority decision. Upon petition, the assigned hearing officer may order the decision of the land use authority stayed pending review by the assigned hearing officer.

   E.   Hearing: Upon receipt of a completed appeal application, the matter shall be placed on the next available hearing officer agenda for which the item may be reasonably scheduled. The hearing officer shall proceed to take all steps necessary to review and hear the appeal at a public meeting. The hearing officer shall respect the due process rights of each of the participants. (Ord. 22-33)

   A.   The review by the hearing officer of the appeal shall be limited to the record of the land use application process resulting in the decision made by the land use authority which is the subject of the appeal. The record may include written communications, the land use application, staff reports, meeting minutes and the written land use decision.

   B.   The hearing officer may not hear, accept or consider any evidence outside the record of the land use authority unless that evidence was offered to the land use authority and the hearing officer determines that it was improperly excluded.

   C.   The appellant has the burden of proving that the land use authority erred.

   D.   1.   Except as provided in subsection D2, the hearing officer shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.

      2.   For appeals under the CC-FBC review approval process , the hearing officer shall uphold the decision so long as the decision was not arbitrary or capricious.

   E.   The hearing officer shall:

      1.   Determine the correctness of the land use authority’s interpretation and application of the plan meaning of land use regulations; and

      2.   Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application. (Ord. 25-20 § 4: Ord. 22-33)

   A.   A decision of a hearing officer takes effect on the date when the hearing officer issues a written decision.

   B.   An appeal of the decision by the hearing officer may be made to the Utah district court in compliance with Utah Code Annotated section 10-9a-801. (Ord. 22-33)

   A.   Parties Entitled To Request A Variance: Any person or entity desiring a waiver or modification of a land use requirement of this title as applied to a parcel of property that they own, lease or in which they hold some other beneficial interest may apply to a hearing officer for a variance after receiving a final written administrative decision or interpretation of the land use requirement from a land used authority.

   B.   Application: A hearing officer may only consider a variance request after a complete variance application and fees have been submitted to the community and economic development division.

   C.   A hearing officer may grant a variance only if:

      1.   Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;

      2.   There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

      3.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

      4.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

      5.   The spirit of the land use ordinance is observed and substantial justice done.

   D.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection C1 of this section, the hearing officer may not find an unreasonable hardship unless the alleged hardship:

      1.   Is located on or associated with the property for which the variance is sought;

      2.   Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and

      3.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection C1 of this section, the hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.

   E.   In determining whether or not there are special circumstances attached to the property under subsection C1 of this section, the hearing officer may find that special circumstances exist only if the special circumstances:

      1.   Relate to the hardship complained of; and

      2.   Deprive the property of privileges granted to other properties in the same zone.

   F.   The appellant shall bear the burden of proving that all of the conditions justifying a variance have been met.

   G.   Variances run with the land.

   H.   The hearing officer may not grant:

      1.   A use variance;

      2.   A temporary variance; or

      3.   A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate.

   I.   In granting a variance, the hearing officer may impose additional requirements on the appellant that will:

      1.   Mitigate any harmful affects of the variance; or

      2.   Serve the purpose of the standard or requirement that is waived or modified.

   J.   Final Decision On Variances:

      1.   A decision of a hearing officer on a variance request takes effect on the date when the hearing officer issues a written decision.

      2.   An appeal of the decision on a variance request by the hearing officer may be made to the Utah district court in compliance with Utah Code Annotated section 10-9a-801. (Ord. 22-33: Ord. 14-10)