The general appeal authority shall be an unbiased attorney with expertise in land use and preappointed by the mayor to serve this purpose for a preapproved fee. (Ord. 13-03, 6-25-2013)

The appeal authority shall act in a quasi-judicial manner and serve as the final arbiter of issues involving the interpretation or application of land use ordinances. The appeal authority shall hear and decide appeals from administrative decisions applying the land use ordinance and appeals from fees charged in land use applications, and shall hear requests for variance from the terms of this title. The appeal authority may not entertain an appeal of a matter in which any participating member of the appeal authority had first acted as the land use authority.

Legislative decisions shall be appealed directly to a court of competent jurisdiction in accordance with state law. (Ord. 13-03, 6-25-2013)

   A.   Application:

      1.   The applicant, a board or officer of the municipality, or any person adversely affected by the land use authority's decision administering or interpreting a land use ordinance may, within thirty (30) days from the decision, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance.

      2.   An applicant who has appealed a decision of the land use authority administering or interpreting the municipality's geologic hazard ordinance may request the municipality to assemble a panel of qualified experts, per Utah code, to serve as the appeal authority for purposes of determining the technical aspects of the appeal. One member of this panel is selected/appointed by the applicant, one member is selected/appointed by the city and the third member of the panel is mutually agreed upon. The cost of these experts is to be equally shared.

   B.   Burden Of Proof: The appellant has the burden of proving that the land use authority erred. (Ord. 13-03, 6-25-2013)

   A.   Application: Any person or entity desiring a waiver or modification of the requirements of a 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 appeal authority for a variance from the terms of the ordinance.

   B.   Conditions For Granting Of Variance: The appeal authority 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. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and is not self-imposed nor economic.

      2.   There are special circumstances attached to the property that do not generally apply to other properties in the same zone. In determining whether or not there are special circumstances attached to the property, the appeal authority may find that special circumstances exist only if the special circumstances relate to the hardship complained of; and deprive the property of privileges granted 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. (Ord. 13-03, 6-25-2013)

   A.   Written Decision: A decision of the appeal authority takes effect on the date when the appeal authority issues a written decision. A written decision constitutes a final decision.

   B.   No District Court Review Until Administrative Remedies Exhausted: In accordance with Utah code, no person may challenge in district court a municipality's land use decision until that person has exhausted the person's administrative remedies. (Ord. 13-03, 6-25-2013)