Pursuant to U.C.A. § 10-9a-701, the Town has appointed an administrative hearing officer as the Town's appeal authority to hear and decide the following matters:

A.

Requests for variances from the terms of the land use ordinances;

B.

Appeals from decisions applying the land use ordinances; and

C.

Appeals from a fee charged in accordance with U.C.A. Title 10, Chapter 9a, Section 510.

A.

The Administrative Hearing Officer is appointed by the Mayor with the advice and consent of the Town Council.

B.

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 Town Council.

C.

The Administrative Hearing Officer will be selected without respect to political affiliation, race, age, gender, or religion.

D.

The Administrative Hearing Officer cannot be a member of the Town Council, a member of the Planning Commission, Town staff, or any other elected or appointed Town official.

A.

Hearings before the Administrative Hearing Officer are convened on a case-by-case basis when the Director of Community Development has received an application for a variance or a notice of appeal.

B.

The Administrative Hearing Officer may adopt procedural rules that are consistent with state law and this title.

C.

The Administrative Hearing Officer may administer oaths and compel the attendance of witnesses.

D.

The appeal hearings of the Administrative Hearing Officer shall be open to the public.

E.

Decisions of the Administrative Hearing Officer become effective on the date the Hearing Officer issues a written decision, unless the decision states otherwise.

F.

When the Administrative Hearing Officer issues a written decision, the decision will be posted in the same places as public notices are posted. The Town will also send a copy of the written decision to the applicant.

A land use decision may be appealed only in accordance with this section 10-6-4.

A.

Jurisdictional requirements:

1.

An appeal may be taken only if it is from a land use decision.

2.

To be valid, a notice of appeal shall be filed in writing to the Director of Community Development, clearly stating the reasons for the appeal, within 30 days of the final action or decision from which the appeal is taken. An appeal that is not timely filed will not be considered.

3.

An appeal may be filed only by the land use applicant, a board or officer of the Town, or an adversely affected party. An appeal that is filed by any other party will not be considered. Only parties to the appeal (or their legal representatives) may be heard in an appeal hearing before the appeal authority.

4.

The filing of an appeal shall be accompanied by a fee in the amount established by resolution of the Town Council.

B.

Burden of persuasion and appeal requirements:

1.

The appellant has the burden of establishing that there is an error in any order, requirement, decision, or determination made by a land use authority in a final decision administering or interpreting this title.

2.

The notice of appeal must cite the controlling provisions of the ordinance and must state specifically any error that is claimed.

3.

The appellant shall present to the appeal authority every theory of relief that the appellant could raise in district court. A theory of relief that is not included in the notice of appeal cannot be raised in district court.

C.

Standard of review: The standard of review to be used by the appeal authority in reviewing the decision of the land use authority is as follows:

1.

For findings of fact, the appeal authority must defer to the factual findings of the land use authority. The appeal authority may not reverse a finding of fact unless the appeal authority finds it to be clearly erroneous because it is against the weight of evidence.

2.

For questions of law or mixed questions of law and fact, such as the interpretation and application of a land use ordinance, the appeal authority is not required to defer to the land use authority, but must only ascertain that the question of law, or mixed question of law and fact, was decided correctly.

3.

For legal issues, the appeal authority must determine if an error was made in applying the land use ordinance. The Administrative Hearing Officer may not amend land use ordinances. The Administrative Hearing Officer may not waive or modify the terms or requirements of the land use ordinance.

D.

Action upon appeal: At least 15 days before the date of the appeal hearing, the Town Clerk will transmit to the officer or body from whom the appeal is taken a copy of the notice of the appeal hearing and shall request that the officer or body submit to the appeal authority the record of its proceedings and its findings on the matter. The officer or body from whom the appeal was taken will transmit to the appeal authority all papers, tapes, findings, orders and other supporting documentary evidence constituting the record upon which the action appealed from was taken.

E.

Stay of action: The filing of a notice of appeal stays all proceedings in furtherance of the action appealed from unless the Town Council finds and certifies to the appeal authority that, by reason of facts stated in a writing, a stay would cause imminent peril to life or property.

F.

Administrative powers on appeal: The appeal authority may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed. At the appeal hearing, the appeal authority may continue consideration to a later date. If consideration of the appeal is adjourned, the appeal authority's decision shall be issued at a public meeting no later than 60 days following the closing of the appeal hearing.

G.

Decision and findings: The appeal authority's decision takes effect on the date it is issued. The decision of the appeal authority regarding the appeal shall contain a full record of the findings of the body in the particular case. The appeal authority's decision constitutes a final decision that is reviewable by a district court.

H.

District court review of appeal authority decision: No land use decision may be appealed directly to the district court. Before petitioning for district court review, a person must exhaust all administrative remedies by appealing to the appeal authority in accordance with this section 10-6-4 and receiving a final decision issued by the appeal authority. The Town, the applicant, and an adversely affected party may file a petition for review of the appeal authority's decision with the district court within 30 days of the appeal authority's final decision. The right to file a petition for review of the appeal authority's decision is lost if the petition is filed later than 30 days after the decision.

1.

In the petition, the petitioner may allege only that the appeal authority's decision was not supported by substantial evidence or was arbitrary, capricious, or illegal.

2.

The appeal authority will transmit to the reviewing court the record of its proceedings, including its minutes, findings, orders, and if available, a true and correct transcript of its proceedings. If the proceeding was recorded, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.

3.

The filing of a petition does not stay the decision of the appeal authority. However, before filing the petition, the aggrieved party may petition the appeal authority to stay its decision. Upon receipt of a petition to stay, the appeal authority may order the decision stayed pending district court review if the appeal authority finds it to be in the best interest of the Town.

4.

The petitioner may not present any information, evidence, or theory of relief that was not presented to the appeal authority.

Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that the person owns, leases, or in which such person holds some other beneficial interest may apply to the administrative hearing officer for a variance from the terms of this title in accordance with this section.

A.

Application:

1.

An application for variance must be filed with the Director of Community Development. The application must:

a.

Describe the requested variance and cite the ordinance from which relief is being requested;

b.

Describe the manner in which the variance will be applied and its effect upon adjacent properties;

c.

Include a site plan and all other plans necessary to show the manner in which the requested variance will be applied, drawn to scale; and

d.

Include the required filing fee as established by resolution of the Town Council.

2.

If the Town staff determines that the application is complete, the application will be forwarded to the appeal authority. If the Town staff determines that an application does not comply with the provisions of this section, the Town staff will return the incomplete application to the applicant and provide a written explanation for the rejection.

3.

Upon receipt of an application for variance, the appeal authority will schedule a variance hearing. At the variance hearing, the appeal authority may grant, grant with conditions, deny the variance, or continue consideration at a later date. The appeal authority, or designee, will act on a variance application in a public meeting.

B.

Standard: The appeal authority may grant a variance only if it meets the standards stated in state law, as may be amended from time to time. The appeal authority will consider each request for a variance in accordance with state law.

C.

Burden of proof: The applicant bears the burden of proving that all of the conditions justifying a variance have been met.

D.

Additional requirements: In granting a variance, the appeal authority may impose additional requirements on the applicant that will:

1.

Mitigate any harmful effects of the variance; or

2.

Serve the purpose of the standard or requirement that is waived or modified.

E.

Petition for review: The Town, the applicant, and an adversely affected party may file a petition for review of the appeal authority's decision with the district court within 30 days of the appeal authority's final decision. The right to file a petition for review is lost if the petition is not filed within 30 days of the appeal authority's final decision.

F.

Lapse and renewal of variance:

1.

A variance will lapse and be void one year after the effective date of variance unless before the expiration of the one-year period:

a.

A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application;

b.

A permit is issued authorizing the subject of the variance application;

c.

The site is occupied if no building permit or certificate of occupancy is required; or

d.

The variance is renewed as provided in subsection F.2.

2.

A variance may be renewed for one additional period of no more than one year in length, provided that at least 60 days before its expiration, an application for renewal of the variance is filed with the Director of Community Development. The appeal authority may renew a variance only if the applicant clearly demonstrates that the applicant is, in good faith, continuing to diligently pursue implementation of the use as authorized by the variance and one of the following:

a.

In spite of the good faith efforts of the applicant, circumstances beyond the applicant's control have prevented the timely pursuit of the project and completion of the necessary requirements within the original time frame; or

b.

The applicant has completed substantial property improvements; incurred substantial nonrecoverable monetary expenditures or commitments; or has completed supporting project related improvements or retained the services for preparation of supporting data in reliance upon the approval of the request.

G.

Revocation: A variance granted by the appeal authority and subject to conditions may be modified or revoked, after notice and a hearing, if the appeal authority finds one or more of the following:

1.

The variance was obtained by misrepresentation or fraud; or

2.

A condition imposed upon the variance has been violated.

H.

One-year bar on refiling: After the denial or revocation of a variance application, no application for the same or essentially the same variance on the same lot, parcel, or site may be filed within one year of the date of denial or revocation of the variance.

I.

Variance granted only as to plans submitted: Unless otherwise specified at the time a variance is granted, a variance applies only to the plans and drawings, or any insubstantial modifications thereto, submitted as part of the application for a variance.

J.

Request for reconsideration: The appeal authority may reconsider a decision on a variance upon request of the Town, the applicant, or an adversely affected party. A request for reconsideration is not subject to the one-year ban on refiling under subsection H. of this section. Any reconsideration of a variance decision will be heard and reviewed through the same process as the original variance application. The appeal authority is not obligated to reverse or change a decision based on reconsideration. The request for reconsideration will be evaluated according to the standards in subsection B. of this section. The person making the request for reconsideration must pay a variance application fee when the reconsideration hearing is scheduled. A request to reconsider a variance decision may only be granted if all of the following criteria have been met:

1.

New, supplemental, additional, or clarified information or evidence is available that was not presented at the variance hearing and the information or evidence will significantly impact a finding of fact the appeal authority relied upon when making the decision; and

2.

The request for reconsideration is made within 30 days of the date the appeal authority issues a written decision.

A.

Established. As required under U.C.A. Title 10, Chapter 9a, Section 510, the Town hereby establishes a fee appeal process as to the amount of certain fees.

B.

Fees subject to appeal. Only the following fees may be appealed to the appeal authority:

1.

Fee for reviewing or approving plans for a commercial or residential building;

2.

Hookup fee;

3.

Land use application fee;

4.

Inspection fee;

5.

Regulation fee; or

6.

Review fee.

C.

Standard of review. The standard of review for a fee appeal is as provided under U.C.A. Title 10, Chapter 9a, Section 510, as may be amended from time to time. The appeal authority may consider any information provided by the Town or by the appellant in considering the appeal.

D.

Administrative powers on appeal: The appeal authority may affirm the fee amount or decrease the required fee.

E.

Decision and findings: The appeal authority's decision takes effect on the date it is issued. The appeal authority's decision constitutes a final decision that is reviewable by a district court.

F.

District court review of appeal authority decision: The Town or the applicant may file a petition for review of the appeal authority's decision with the district court within 30 days of the appeal authority's final decision. The right to file a petition for review of the appeal authority's decision is lost if the petition is filed more than 30 days after the decision.

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.

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 Town Council.