In accordance with Utah Code § 10-9a-701 et. seq. (1953 as amended), any person or organization adversely affected by a decision administering or interpreting the Zoning Ordinance may appeal the decision to the appropriate appeal authority. Unless otherwise specified in this Title, the Board of Adjustment shall hear appeals and make decisions consistent with Utah Code § 10-9a-701 et. seq. (1953 as amended).

The appellant, or agent, shall file a notice of appeal and all appeals shall be made as follows.

1. Specify the grounds for the appeal and circumstances related thereto. The notice shall allege that there was error in the order, requirement, decision, or determination made by an official or officials in the administration or interpretation of the Zoning Ordinance. A notice failing to allege error or specify the grounds for appeal may be summarily dismissed by the appeal authority with or without prejudice. Response to the above requirements shall be set forth in detail in the notice of appeal.
2. All papers constituting the record upon which the action appealed from was made shall be transmitted to the appeal authority.
3. The appeal authority shall set the appeal for hearing to be held within a reasonable time from the date the appeal is received. Written notice of the date set for hearing the appeal shall be mailed to the appellant at least seven days before the appeal hearing date. After hearing the appeal, the appeal authority may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer or body from which the appeal is made.
4. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending a decision of the Board of Adjustment. The stay shall exist unless the Planning Commission or Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, the stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order that may be granted by the Board of Adjustment or by District Court on application, notice and due cause shown.
5. The concurring vote of three (3) members of the appeal authority shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, planning commission, city council, or other public official or to decide in favor of the appellant.
6. The City, or any person adversely affected by any decision of the appeal authority, may petition the district court for a review of the decision, provided the petition is filed with the Court within thirty (30) days after the appeal authority’s decision if final. In the petition, the appealing party may only allege that the Board’s decision was arbitrary, capricious, or illegal. The appeal authority may, after finding it is in the best interest of the City to do so, stay its decision pending district court review.

In all matters before the appeal authority, the burden of proof to overturn a decision administering or interpreting the Zoning Ordinance shall rest with the appellant.

No person or organization is eligible to appeal a decision administering or interpreting the Zoning Ordinance until all other administrative remedies have been exhausted and a final decision has been made by the appropriate authority. Appeals of staff or Planning Commission decisions shall be heard by the City Council.

An appeal of a decision administering or interpreting the Zoning Ordinance shall be submitted to the Development Services Department within fourteen (14) days from the date of the final decision.