The purpose of this chapter is to establish by ordinance the Land Use Authority for decisions applying the land use ordinances, establish the Appeal Authority to hear and decide requests for variances from the terms of the land use ordinance, and to establish the Appeal Authority to hear and decide appeals from the decisions applying the land use ordinance. (Ord. 2006-02)

   A.   The planning staff shall be the Land Use Authority to hear and act on the following land use applications:

      1.   Conditional use permits for simple home occupations, and accessory dwelling units in the RA, R-1-10 and R-1-10/RA Zones.

      2.   Fences meeting all requirements of the land use ordinance.

      3.   Signs meeting all requirements of the land use ordinance.

      4.   Child nurseries with six (6) or less children.

      5.   Review and approval of minor variances:

         a.   Building setbacks and distances from lot lines or other buildings of one (1) foot or less.

         b.   Building heights.

         c.   Fence adjustments.

         d.   Other similar requests.

      6.   Lot line adjustments between two (2) property owners or one owner on two (2) lots where no hearings are required.

      7.   Those uses specifically delegated to the planning staff by the City Council.

   B.   The Planning Commission shall be the Land Use Authority to hear and act on the land use applications set forth in section 17.12.090 and as delegated to the Planning Commission by the City Council. (Ord. 2022-09: Ord. 2018-04: Ord. 2006-02)

   A.   Planning Staff: The planning staff shall make its decisions at regular staff meetings. No public hearing or public meeting will be held outside of regular staff meetings.

   B.   Planning Commission: All public hearings related to land use decisions shall be held by the Planning Commission. Notice for the public hearing must meet the requirements of Utah Code Annotated, 10-9a-205. Additional public meetings may be held as necessary to properly review and make decisions regarding a land use application or decisions. (Ord. 2022-09: Ord. 2006-02)

Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the planning staff or the Planning Commission, as designated in section 17.16.020 of this chapter, for a variance from the terms of the ordinance. The designated Land Use Authority may grant a variance if the requirements of Utah Code Annotated 10-9a-702 have been met. (Ord. 2022-09: Ord. 2006-02)

Any person adversely affected by the Land Use Authority’‘s decision in administering or interpreting a land use ordinance may appeal that decision. The appropriate appeal authority, according to the type of appeal, is set forth in this chapter and delineates this authority between legislative and administrative proceedings.

   A.   Legislative Appeal Authority: Appeals from land use decisions that are identified as legislative matters and subject to legislative proceedings are defined herein and shall only be appealed to the District Court pursuant to Utah Code section 10-9a-801. The following types of applications are legislative matters, subject to legislative proceedings:

      1.   General Plan amendment applications;

      2.   A land use ordinance amendment application, including zoning ordinances and subdivision ordinances amendment applications;

      3.   Zoning map amendment applications (rezones), including site-specific rezones;

      4.   An official map amendment application;

      5.   Temporary land use regulations;

      6.   Combined land use map and zoning map amendments; and

      7.   All other land use decisions or adoptions of or amendments to the land use ordinances by the City Council which are legislative in nature.

   B.   Administrative Appeal Authority: Pursuant to Utah Code Annotated section 10-9a-701, the City has appointed an Administrative Hearing Officer as the City’‘s Appeal Authority to hear appeals from decisions of the Land Use Authority on the following matters, which are recognized as being administrative in nature:

      1.   Variances from any land use decision or regulation;

      2.   Conditional Use Permits;

      3.   Building permits or applications;

      4.   Determinations regarding nonconforming uses and noncomplying structures;

      5.   Determinations of violations of the storm water ordinances and any civil fines or costs imposed;

      6.   Fees charged in accordance with Utah Code section 10-9a-510;

      7.   Decisions on all other applications for any necessary approval, permit, or license required by the provisions of this title and any other land use ordinances, not identified to be a legislative proceeding, as identified by this chapter; and,

      8.   Decisions on any other land use issues which are specifically delegated to another land use authority by the City Council. (Ord. 2022-09)

An administrative land use decision identified in section 17.16.050 B. may be appealed only in accordance with this section 17.16.060. Anyone appealing any such decision shall be deemed not to have exhausted his or her administrative appeals until the decision has been appealed and reviewed pursuant to this section.

   A.   Procedure, Time Limit: A notice of appeal of a request for variance or other land use decision must be commenced within ten (10) calendar days of the adverse order, requirement, decision or determination by filing a written notice of appeal with the Santa Clara Planning Manager at the Santa Clara City Building Department Office. If the tenth day falls on a weekend or holiday, it will be accepted on the next business day. The notice must indicate the decision appealed from, the grounds upon which the appeal is based, and identify the parties making the appeal. Any notice of appeal must include a list containing the names and addresses of adjoining property owners. Adjoining property owners include all owners of property within a five-hundred-foot (500') radius of the property affected by the appeal or request for variance as shown on the tax rolls of Washington County. The Santa Clara Planning Manager shall notify the appropriate Appeal Authority of the notice of appeal within seven (7) working days.

   B.   Fee: The filing of an appeal shall be accompanied by a fee established by the City Council, which amount shall be used to defray the cost of administering the appeal, including, but not limited to, costs of mailing and publishing notice.

   C.   Hearing To Be Scheduled; Notice: When a notice of appeal is filed, the Appeal Authority of the adverse order, requirement, decision or determination shall schedule a meeting for a hearing within fifteen (15) working days, unless such time is extended for good cause or stipulation of the parties. Notice of the time, place, and subject matter of the meeting shall be given to the person making the appeal, the Land Use Authority or official who issued the adverse order, requirement, decision or determination, and all parties in interest, including adjoining property owners within a five-hundred-foot (500') radius of the property affected by the request for variance or appeal. The Appeal Authority may require such written briefs or memorandum of the parties, as the Appeal Authority deems advisable. At the hearing, the appellant shall appear in person or by agent or attorney.

   D.   Stay Of Proceedings: The filing of a notice of appeal stays all proceedings in furtherance of the action appealed from, unless the City official, from whom the appeal is taken, after receiving notice of appeal, certifies in writing with specificity to the Appeal Authority the reasons why a stay would cause imminent peril to life or property. In such cases, the Appeal Authority may lift the stay, upon notice to the parties, with the opportunity to respond.

   E.   Burden Of Proof: At all times, the appellant has the burden of proving that the Land Use Authority's decision was in error.

   F.   Standard Of Review: The Appeal Authority shall review the matter de novo, without deference to the land use authority's determination of factual matters. The Appeal Authority shall determine the correctness of a decision of the Land Use Authority in its interpretation and application of a land use ordinance. 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 the Appeal Authority.

   G.   Final Decision: The Appeal Authority will issue a decision in writing within fifteen (15) working days of the hearing, which constitutes a final decision under Utah Code Annotated 10-9a-801(1) and a final action under Utah Code Annotated subsection 10-9a-801(4).

   H.   Judicial Review Of Appeal Authority's Decision: No land use decision may be appealed directly to the district court. Before petitioning for district court review, a person must exhaust all remedies by appealing to the Appeal Authority in accordance with this section and receive a final decision issued by the appeal authority. The City, the applicant, and any person adversely affected by a final decision of the Appeal Authority may petition the District Court for review of the decision as permitted by law. Such a petition is barred unless filed within thirty (30) days after the Appeal Authority's decision is final.

   I.   Action Of Variance Withdrawal, No Refund: Unless otherwise specified by the Appeal Authority, any order or decision of the Appeal Authority authorizing a variance shall expire if the applicant fails to obtain a building permit within one year from the date of the decision. Any applicant may voluntarily withdraw the appeal or variance request at any time prior to a decision of the Appeal Authority. No person shall be entitled to a refund of costs for any reason whatsoever. (Ord. 2022-09)

   A.    Appointment: The appeal of an administrative decision shall be conducted by an Administrative Hearing Officer, who must be appointed by the Mayor with the advice and consent of the City Council. The administrative hearing officer shall be an independent contractor. The Administrative Hearing Officer will be selected without respect to political affiliation, race, age, gender, or religion. The city may appoint multiple Administrative Hearing Officer's as needed.

   B.   Qualifications: The Administrative Hearing Officer must be a current or former professional in law, land use, or public administration and shall have the knowledge, training, and experience necessary to conduct administrative hearings regarding variances and appeals, as determined by the Mayor and City Council. The Administrative Hearing Officer cannot be a member of the City Council, a member of the Planning Commission, City staff, or any other elected or appointed City official.

   C.   Conflict of Interest: An administrative hearing officer must not participate in any appeal where the administrative hearing officer has a conflict of interest.

   D.   Compensation: The Administrative Hearing Officer is an appointed official. Terms for compensation and reimbursement will be set by written contract with the Administrative Hearing Officer. To be valid, the written contract required by this section must be approved and adopted by the City Council. (Ord. 2022-09)

It is a class C misdemeanor for any individual, including the party bringing an appeal or requesting a variance, to discuss substantive matters pertaining to a pending appeal or variance with the Administrative Hearing Officer in an effort to influence his or her decision on the matter, other than as part of an appeal hearing that is set for the purpose of considering the appeal or variance. It is also a class C misdemeanor for the Administrative Hearing Officer to discuss with an appellant or any other individual any substantive matters pertaining to a pending appeal or variance, other than as part of an appeal hearing that is set for the purpose of considering the appeal or variance. It is not a violation of this section to speak with the Appeal Authority about general or procedural matters not related to the substance of the appeal, which include but are not limited to the date, time, or place of the hearing. (Ord. 2022-09)