Myton City Zoning Code
APPEALS
§ 153.250 APPEAL AUTHORITIES.
(A) Appeal authorized. Any person deemed to have standing by virtue of being the applicant for any approval, license or permit required by this chapter, and any board or officer of the city, adversely affected by a decision of a land use authority’s decision administering or interpreting this chapter, may appeal that decision to the appeal authority identified by this chapter.
(B) Form of application. An application for an appeal of a decision of a land use authority shall be made on the application provided by the city.
(C) Identification of appeal authorities. To provide for appeals of decisions of land use authorities administering or interpreting this chapter, and to comply fully with the requirements of UCA Title 10, Chapter 9a, Parts 7 and 8, as amended, the following appeal authorities are identified:
(1) Any person aggrieved by a decision of the City Council in administering or interpreting this chapter may file a petition with the District Court, as provided herein;
(2) Any person aggrieved by a decision of the Administrative Hearing Officer in administering or interpreting this chapter may file a petition with the District Court, as provided herein;
(3) Any person aggrieved by a decision of the Planning Commission in administrating or interpreting this chapter may file an appeal with the City Council;
(4) Any person aggrieved by a decision of the city staff in administering or interpreting this chapter may file an appeal with the Planning Commission; and
(5) Any person aggrieved by an action of the Code Enforcement Officers, as identified by § 153.213, may file an appeal before a citation is issued with the Administrative Hearing Officer.
(Prior Code, § 10-14-1) (Ord. passed 8-10-2006)
§ 153.251 MAXIMUM TIME ALLOWED TO FILE APPEAL.
A person deemed to have standing by virtue of being the applicant, a board or officer of the city or any person adversely affected by a decision of a land use authority administering or interpreting this chapter may, within ten days of the decision, appeal that decision to the appeal authority identified by § 153.250(C).
(Prior Code, § 10-14-2) (Ord. passed 8-10-2006)
§ 153.252 REQUIREMENTS FOR APPEAL OF LAND USE AUTHORITY DECISION.
An appeal of a land use authority decision shall clearly identify the alleged error in any order, requirement or determination made by the land use authority in the administration or interpretation of this chapter. Only those decisions in which a land use authority has applied the requirements of this chapter to a particular application, person or parcel may be appealed to an appeal authority.
(Prior Code, § 10-14-3) (Ord. passed 8-10-2006)
§ 153.253 CONDITION PRECEDENT TO JUDICIAL REVIEW.
(A) Required. As a condition precedent to judicial review, each adversely affected applicant shall timely and specifically challenge a land use authority decision, in accordance with the requirements of this chapter.
(B) Requirements of appeal authority. An appeal authority shall:
(1) Act in a quasi-judicial manner;
(2) Serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and
(3) 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.
(C) Theory of relief. An appeal authority shall require an adversely affected applicant to present every theory of relief that it can raise in District Court.
(D) Duplicate or successive appeals not necessary. An appeal authority shall not require an adversely affected applicant to pursue duplicate or successive appeals before it or another appeal authority as a condition of the adversely affected applicant duty to exhaust administrative remedies, as required by § 153.256.
(Prior Code, § 10-14-4) (Ord. passed 8-10-2006)
§ 153.254 ACTION OF APPEAL AUTHORITY.
(A) Requirements. Each appeal authority, as identified herein shall:
(1) Notify each of its members of any meeting or hearing;
(2) Provide each of its members with the same information and access to city resources as any other member;
(3) Convene only if a quorum of its members is present; and
(4) Act only upon the vote of a majority of its convened members.
(B) Decision to applicant. Following a written decision by the appeal authority, the staff of the appeal authority, as provided in this chapter, shall provide the applicant with a copy of the written decision.
(C) Records maintained. A record of the decision of the appeal authority shall be maintained in the city office, which shall constitute the record of the appeal.
(D) Conduct of appeal. Each appeal authority shall conduct each appeal as provided herein and shall respect the due process rights of each of the applicants.
(Prior Code, § 10-14-5) (Ord. passed 8-10-2006)
§ 153.255 STANDARD OF REVIEW FOR APPEALS.
(A) Burden of proof. Any applicant bringing an appeal and alleging an error of a land use authority decision administering or interpreting this chapter has the burden of proving that the land use authority erred.
(B) Conduct of review. Each appeal authority identified in this chapter shall hear and review all appeal matters “on the record”, including the review of all factual matters. Each appeal authority shall only consider the materials presented originally before the land use authority in making the decision that is the subject of an appeal.
(C) Determination of correctness. The appeal authority shall determine the correctness of a decision of the land use authority in its interpretation and application of a land use.
(D) Decisions appealable. Only those decisions in which a land use authority has applied the requirements of this chapter to a particular application, person or parcel may be appealed to an appeal authority.
(E) Application for appeal limited. An application for an appeal shall not be used to waive, modify or amend any requirement, provision or term of this chapter.
(F) Effective date of decision. A decision of each appeal authority 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.
(Prior Code, § 10-14-6) (Ord. passed 8-10-2006)
§ 153.256 DISTRICT COURT REVIEW.
(A) Administrative remedies exhausted. No person may challenge in District Court a decision of a land use authority until that person has exhausted all administrative remedies as provided by this chapter and received a final decision from the appeal authority.
(B) Time limit to file appeal. Any applicant adversely affected by a final decision made in the exercise of or in violation of the provisions of this chapter may file a petition for review of the decision with the District Court within 30 days after the local land use decision is final.
(C) Constitutional taking issue; arbitration.
(1) The required time for filing for district court review shall be tolled from the date the person files a request for arbitration of a constitutional taking issue with the property rights ombudsman, as provided by UCA §§ 10-9a-801(2)(b)(i), as amended, until 30 days after:
(a) The arbitrator issues a final award; or
(b) The property rights ombudsman issues a written statement under UCA §§ 13-43-204(3)(b), declining to arbitrate or to appoint an arbitrator.
(2) A tolling under this section operates only as to the specific constitutional taking issue that is the subject of the request for arbitration filed with the property rights ombudsman by a property owner.
(Prior Code, § 10-14-7) (Ord. passed 8-10-2006)
Cross-reference:
Constitutional taking issues, see Ch. 34