(a)

Administrative Appeal Required. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge the land use authority's decision, in accordance with these ordinances.

(b)

Authority. The appeal authorities set forth in this title act in a quasi-judicial manner and as the final arbiter of issues involving the interpretation or application of land use ordinances.

(c)

Who May Appeal. The applicant, the City, a board or officer of the City, or any person adversely affected by the land use authority's decision administering or interpreting a land use ordinance may, within the time period provided in this title, appeal that decision to the designated appeal authority by alleging that there is an error in any order, requirements, decision, or determination made by the land use authority in the administration or interpretation of this title. In the event that the land use authority requires that a matter return to it for further review, an appeal can only be made on a decision made after that further review.

(d)

Time for Appeal. Except as provided in U.C.A. 1953, § 10-9a-704, an appeal of a decision of a land use authority to an appeal authority must be filed in writing with the Community Development Department within ten calendar days of the date the land use authority issues a written decision or approval of the minutes of a meeting at which the decision was made, if applicable, whichever occurs first.

(e)

Information to be Presented.

(1)

An appellant must first present any and all information to the land use authority which it intends to raise before the appeal authority. The appellant may not bring new information for consideration before the appeal authority that had not been previously presented to the land use authority during its consideration of the matter.

(2)

An appellant must present to the designated appeal authority every theory of relief that it can raise in District Court.

(3)

No new information that was not previously presented to the land use authority may be presented on appeal.

(f)

Review of the Record of the Land Use Authority.

(1)

The appeal authority's review of decisions of a land use authority shall be confined to the administrative record developed by the land use authority unless the appeal authority determines that the record is incomplete or deficient.

(2)

If the appeal authority determines that the record is incomplete or deficient, it may remand the case to develop the record or continue the meeting to complete the record with the information previously presented to the land use authority.

(g)

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

(h)

Standard of Review.

(1)

Legal Issues; Correctness Standard. The appeal authority shall determine the correctness of a decision of the land use authority or administrative official in its interpretation and application of a land use ordinance. Because no specialized knowledge is necessary to make such a determination, no deference is given to the land use authority or administrative official; provided, however, the appeal authority shall not overrule that decision as a matter of law without the advice of its legal counsel.

(2)

Factual Issues and Other Issues; Arbitrary and Capricious Standard. Land use authorities and administrative officials have specialized knowledge in the field of planning and land use and are charged with and are experienced in implementing the goals and policies of the community as adopted by and under the supervision of elected representatives of the public. Accordingly, they should be allowed a comparatively wide latitude of discretion; and their actions endowed with a presumption of correctness and validity which an appeal authority should not interfere with unless it is shown that there is no reasonable basis to justify the action taken, and that, therefore, the determinations made were so unreasonable as to be arbitrary and capricious. It is not the appeal authority's prerogative to substitute its judgment for that of the land use authority where the record discloses a reasonable basis for the land use authority's determination.

(i)

Scope of Authority. Only those decisions in which a land use authority has applied a land use ordinance to a particular application, person, or parcel may be appealed to an appeal authority.

(j)

Effective Date of Appeal Authority Decision. A decision of an appeal authority is final on the date when the appeal authority issues a written decision or approval of the minutes of the meeting at which the decision was made, whichever comes first.

(LDC 2008, § 15A-35-01; Ord. No. 16-05, 2-5-2016; Ord. No. 25-17, § 1(Exh. A), 7-15-2025)

Variances shall be governed by U.C.A. 1953, § 10-9a-702.

(LDC 2008, § 15A-35-02)

(a)

Any person 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 land use decision is final.

(b)

No person may challenge in District Court the City's land use decision made under this chapter or under a regulation made under authority of this title, until that person has exhausted their administrative remedies as provided herein and in the Municipal Land Use, Development, and Management Act (U.C.A. 1953, § 10-9a-101 et seq.), if applicable.

(c)

The filing of a petition in the District Court and its review shall be governed by the provisions of the Municipal Land Use, Development, and Management Act (U.C.A. 1953, § 10-9a-101 et seq.).

(LDC 2008, § 15A-35-03)

State Law reference— District court review, U.C.A. 1953, § 10-9a-801 et seq.