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Stockton City Zoning Code

CHAPTER 3

POWERS AND DUTIES OF TOWN OFFICIALS

10-3A-1: APPOINTMENTS:

   A.   Planning Commission: The Mayor, with the advice and consent of the Town Council, shall appoint a Planning Commission for the Town. The number of members, terms of office, mode of appointment and other details relating to the organization and procedures of the Planning Commission shall be as set forth under article B of this chapter. (Ord. 17-02, 3-16-2017)
   B.   Appeal Authority: The Town has created an Appeal Authority (Hearing Officer) which shall be appointed by the Mayor, with the advice and consent of the Town Council, as provided in section 10-3C-1 of this chapter. (Ord. 17-02, 3-16-2017; amd. 2017 Code)
   C.   Town Engineer: The Town Council may appoint and fix compensation for a Town Engineer. The powers and duties of the Town Engineer shall be the same as set forth under article D of this chapter. (Ord. 17-02, 3-16-2017)

10-3A-2: COMPREHENSIVE PLAN:

The Town Council may adopt a Comprehensive Plan of the Town, or any part thereof. Upon the adoption of such Plan, any acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property or structure, or any authorization or construction of any street, park or other public way, ground, place or space, or any public building or structure, or public utility, whether publicly or privately owned, shall either: a) conform to said Plan as to the location and extent thereof; or b) shall have been submitted to and approved by the Planning Commission, or in instance of a disapproval by the Planning Commission, overruled by the Town Council, all in accordance with Utah Code Annotated section 10-9a-404. (Ord. 17-02, 3-16-2017)

10-3A-3: OFFICIAL MAP:

The Town Council may establish an official map of streets for the whole or any parts of the Town and may adopt such map by ordinance. The content of such map and all actions relating to the preparation, adoption and enforcement shall be in accordance with Utah Code Annotated section 10-9a-407, and any other applicable provisions of State law. (Ord. 17-02, 3-16-2017)

10-3A-4: ZONING REGULATIONS:

   A.   Authority: The Town Council, upon the receipt of proposed regulations for the zoning of the Town (and any subsequent amendment to such regulation) from the Planning Commission, and the holding of a public hearing thereon in accordance with the provisions of Utah Code Annotated section 10-9a-205, may, by ordinance, enact zoning regulations within the Town for the purpose of promoting health, safety, morals and the general welfare of the community.
   B.   Purpose And Scope: Such regulations shall be made in accordance with a Comprehensive Zoning Plan designed to lessen congestion in the streets, to secure safety from fire, panic and other danger, to promote health and the general welfare, to encourage energy efficient patterns of development, the use of energy conservation, solar and renewable energy sources, and to assure access to sunlight for solar energy devices, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate adequate provision for transportation, water, sewage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the zone and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town.
   C.   Powers: In order to accomplish the above stated purpose, the zoning ordinance may divide the Town into districts or zones, and may regulate the location and use of buildings, structures and land for trade, industry, residence or other purpose, the erection, construction or reconstruction of buildings and structures, the height, number of stories and size of buildings and other structures, the height and location of trees and other vegetation, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population and such other characteristics as may be permitted by law. Thereafter all construction or change in use of land or buildings shall conform to applicable provisions of the adopted ordinance. (Ord. 17-02, 3-16-2017)

10-3A-5: SUBDIVISION REGULATIONS:

   A.   Authority: The Town Council, upon the receipt of proposed regulations governing the subdivision of land (and any subsequent amendment to such regulations) from the Planning Commission, and the holding of a public hearing thereon, may adopt said regulations for the Town by ordinance.
   B.   Approval Required: Thereafter, no plat of a subdivision of land within the Town shall be filed or recorded until it shall have been submitted to and approved by the Town Council, in accordance with the terms of said subdivision regulations, and such approval entered in writing on the plat. The Planning Commission shall, in addition to that, require the approval by the Town Council. The filing or recording of a plat of a subdivision without such approval shall be null and void and the sale of lots in any such unapproved subdivision shall be considered a violation of the subdivision ordinance for each lot sold. (Ord. 17-02, 3-16-2017)

10-3A-6: CONDOMINIUM PROJECTS:

   A.   Regulations Adopted: Upon receipt of proposed condominium regulations as prepared by the Planning Commission, the Town Council may adopt such regulations by ordinance.
   B.   Approval Required: No condominium project or any record of survey map, declaration or other required material shall be recorded until it shall have been submitted to and approved by the Town Council. The approval by the Town Council shall be in addition to the approval required by the Planning Commission. (Ord. 17-02, 3-16-2017)

10-3A-7: ENFORCEMENT OF DEVELOPMENT REGULATIONS:

The Town Council shall have the authority and responsibility for ensuring compliance with the adopted zoning, subdivision and official map ordinances, and in carrying out such responsibility may:
   A.   Withhold Permits: Withhold the issuance of building permits when the proposed development is not in conformance with the adopted regulations;
   B.   Penalty: Prosecute any violation of such regulations as a Class C misdemeanor;
   C.   Other Action: Institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any unlawful building, use or act. (Ord. 17-02, 3-16-2017)

10-3B-1: ESTABLISHED; COMPOSITION; APPOINTMENT:

Pursuant to authority granted in Utah Code Annotated section 10-9a-301 et seq., as amended, the Town Council hereby creates a Planning Commission within and for the Town, to be known as the Stockton Planning Commission. The Planning Commission shall consist of five (5) regular members and up to two (2) alternate members. Regular and alternate members are to be appointed by the Mayor, with the advice and consent of the Town Council, from among the residents of the Town. The members shall be selected without respect to political affiliations and shall serve without compensation, except for reasonable expenses. (Ord. 17-02, 3-16-2017)

10-3B-2: TERMS OF OFFICE; VACANCIES; REMOVAL:

   A.   Terms Of Office: The term of office of the Town Council representative shall be as determined by the action of the Town Council. The terms of the appointive members shall be for four (4) years and until their successors have been appointed; provided, that the terms if the members holding office at the time of passage of this title shall be arranged such that the terms of one (1) member shall expire each year. Appointments made thereafter will be made for a full four (4) year term.
   B.   Alternate Members: The terms of the alternate members shall be for a period of one (1) year and until their successors have been appointed. Alternate members shall be designated as first and second alternates, in accordance with their respective time of appointment.
   C.   Vacancies: Vacancies occurring otherwise than through the expiration of terms shall be filled for the remainder of the unexpired term.
   D.   Removal: Members may be removed after a public hearing by a majority vote of the Town Council. (Ord. 17-02, 3-16-2017)

10-3B-3: ORGANIZATION; ADOPTION OF RULES; RECORD OF PROCEEDINGS:

   A.   Chairperson: At the first meeting of each year, the Planning Commission shall elect from its membership a Chairperson, who shall serve for a term of one (1) year until a new Chairperson is elected. It shall be the duty of the Chairperson to preside over and conduct all meetings of the Commission. The Chairperson, with the consent of the Commission, shall make such assignments and delegations to the members of the Commission and the staff and consultants as are deemed necessary or desirable for the carrying out of the Commission business.
   B.   Rules Adopted: The Commission shall adopt rules for its own organization and for the transaction of its business not in conflict with this chapter or other ordinances, and shall keep an accurate record of disposition of all matters coming before it. (Ord. 17-02, 3-16-2017)

10-3B-4: QUORUM; MINIMUM VOTE REQUIRED; ALTERNATE MEMBERS:

   A.   Quorum: A minimum of four (4) regular and/or alternate members in attendance at the meeting is required to constitute a quorum. The minimum number of yes votes necessary to earn an action of the Commission shall be a majority of the members of the quorum in attendance, but shall never be less than three (3).
   B.   Voting: All regular members shall be entitled to vote on matters coming before the Commission. Alternate members shall be designated to sit as voting members of the Commission at any time one (1) or more regular members are absent from the meeting. The designation of the alternate members to voting status shall be made by the Chairperson at the commencement of the meeting in accordance with the seniority of the alternate members in attendance at the time, and any alternate so designated shall serve as a voting member until the conclusion of the meeting. If, during the course of a meeting, the number of voting members and alternate members designated to voting status in attendance exceeds five (5), the membership of the Commission shall, until the conclusion of the meeting, be expanded to the number of voting members and designated alternate members in attendance. (Ord. 17-02, 3-16-2017)

10-3B-5: EMPLOYEES; EXPENDITURES:

The Planning Commission may appoint such other employees and staff as it may deem necessary for its work and may contract with Town planners and other consultants, provided its expenditures, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Town Council. (Ord. 17-02, 3-16-2017)

10-3B-6: POWERS AND DUTIES:

The Planning Commission shall have such powers as may be necessary to enable it to perform its functions and promote Town planning as follows:
   A.   Preparation Of Comprehensive Plan: It shall be the function and duty of the Planning Commission, after holding public hearings, to make and adopt and certify to the Town Council, a Comprehensive Plan for the physical development of the Town, including any areas outside of its boundaries which, in the Commission's judgment, bear relation to the planning of the Town. The Comprehensive Plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Planning Commission recommendations for physical developments of the Town, and may include, among other things: the general location and extent of streets and other methods of circulation and transportation; the general location and extent of public utilities for water, power, sanitation or other purposes; the general location and extent of parks, playgrounds and drainage facilities; and the use of land, whether for residences, commerce, industry, agriculture, flood channels or open space.
   B.   Prepare Reports And Recommendations; Entry Upon Land: The Planning Commission may make reports and recommendations relating to the plan of development of the Town to public officials and agencies, other organizations and citizens. It may recommend to the executive or legislative officials programs for public improvements and the financing thereof. The Planning Commission, its members and employees, in the performance of its functions, may enter upon any land at reasonable times to make examinations and surveys and place and maintain necessary monuments and marks thereon.
   C.   Regulations Governing Subdivision Of Land: It shall be the duty of the Planning Commission to prepare regulations governing the subdivision of land within the Town, amendment to such regulations, and to submit said regulations or amendments to the Town Council for public hearing and adoption.
   D.   Approve Subdivision Plan And Plats: It shall be the duty of the Planning Commission to review and approve all subdivision developments. No plat of a subdivision of land within the Town shall be filed or recorded in the County Recorder's Office until it shall have been submitted to and approved by the Planning Commission and such approval entered in writing on the plat. The approval by the Planning Commission shall be in addition to the approval required from the Town Council. The filing or recording of a plat of a subdivision without approval of the Planning Commission shall be null and void and the sale of lots in any such unapproved subdivision shall be considered a violation of the subdivision ordinance for each lot sold.
   E.   Prepare, Recommend Amendments To Zoning Regulations:
      1.   The Planning Commission, through its own initiative may, or upon receipt of a petition from an affected property owner, or by order of the Town Council, shall make and certify to the Town Council recommendations for the amendment of the zoning regulations and map.
      2.   No amendment to the text or map may be adopted by the Town Council unless the Planning Commission has reviewed and made recommendations to the Town Council regarding that amendment. The Planning Commission shall have thirty (30) days from the date the request is made to the Chairperson to respond to any request from the Town Council for recommendation.
   F.   Preparation Of Regulations Governing Condominium Development: The Planning Commission shall prepare regulations governing the approval, construction and maintenance of condominium projects, or amendments to such regulations, and shall submit said regulations to the Town Council for adoption.
   G.   Review And Approval Of Condominium Projects: It shall be the duty of the Planning Commission to review and approve all condominium projects. The filing or recording of any record or survey map, declaration or other material for condominium projects, without such approval, shall be null and void. The approval by the Planning Commission shall be in addition to the approval from the Town Council.
   H.   Preparation Of Capital Improvement Program: The Planning Commission through its own initiative may, or by order of the Town Council shall, make and recommend to the Town Council a capital improvement program which shall set forth an orderly program for the acquisition of land and/or the construction of buildings, utilities and other facilities needed for Town purposes.
   I.   Conduct Hearing And Meetings: The Planning Commission may conduct hearings and meetings with interested property owners, officials and citizens in the process of carrying out the functions and duties of their office. (Ord. 17-02, 3-16-2017)

10-3C-1: LEGAL AUTHORITY:

Pursuant to Utah Code Annotated section 10-9a-701, the Town is required to establish one (1) or more appeal authorities to hear and decide requests for variances from the terms of the land use ordinances of the Town, appeals from decisions applying the land use ordinances of the Town, and appeals from a fee charged in accordance with Utah Code Annotated section 10-9a-510. The timely and specific appeal to the Appeal Authority described in this article, and the exhaustion of administrative remedies, shall be conditions precedent to judicial review of any decision. (Ord. 17-02, 3-16-2017)

10-3C-2: CREATION OF APPEAL AUTHORITY; QUALIFICATIONS; SELECTION:

The Town creates the position of Land Use Hearing Officer (the "Hearing Officer") as an Appeal Authority for the Town. The Town may appoint one (1) or more Hearing Officers to ensure availability as required for the efficient disposition of appeals brought under this title. The Town Council shall act as an Appeal Authority where expressly required by this Title, in which event the Town Council shall follow the procedures and requirements of this article; all other matters shall be heard by the Hearing Officer.
   A.   Appointment: The Hearing Officer shall be appointed by the Mayor, with the advice and consent of the Town Council.
   B.   Qualifications: The Hearing Officer shall be or have been a professional in law, land use or public administration, and shall have the knowledge, training and experience necessary to effectively conduct administrative hearings regarding variances and appeals of land use decisions, including knowledge and familiarity with the requirements of constitutional due process.
   C.   Prohibited Appointments: The Hearing Officer shall not be a member of the Town Council, Planning Commission, Town staff or any other elected or appointed official of the Town.
   D.   Term: The Hearing Officer shall serve for a term of one (1) year, or as defined in a written agreement with the Town. The initial term may be extended from time to time by the Mayor. The Hearing Officer serves at the pleasure of the Town and, with the advice and consent of the Town Council, may be dismissed by the Mayor with or without cause. (Ord. 17-02, 3-16-2017)

10-3C-3: POWERS AND DUTIES:

The Hearing Officer shall have all the powers and duties prescribed by law and by this title, including to hear and decide appeals from decisions applying the Town land use ordinance, requests for variances from the terms of the land use ordinance, and appeals from any fee imposed by the Town under this title. The Hearing Officer shall act in a quasi- judicial matter, consistent with the requirements of this article, and shall serve as the Town's final arbiter of issues involving land use ordinances as described in this title.
   A.   Land Use Authority Appeals: Except as otherwise provided herein, the Hearing Officer is authorized to hear and decide appeals from any final order, requirement, determination or decision of the Town Engineer, the Building Inspector, the Planning Commission, or any other Land Use Authority of the Town related to the application of this title.
   B.   Prohibited Appeals: The Hearing Officer may not hear or decide an appeal of any legislative act of the Town Council, including, without limitation, zoning ordinance amendments. Except as expressly provided in this article on variances, the Hearing Officer may not waive or modify the terms or requirements of this title.
   C.   Town Council Appeals: In the event an administrative matter is determined by the Town Council, either as an Appeal Authority, or after recommendation by the Planning Commission, the appeal of a decision of the Town Council shall be taken to the Hearing Officer. (Ord. 17-02, 3-16-2017)

10-3C-4: HEARINGS, RULES AND DECISIONS:

Hearings before the Hearing Officer are convened on a case by case basis when the Town Clerk has received an application for a variance or a notice of appeal of a land use decision. Upon the filing of an appeal, the Town Clerk shall forthwith transmit to the Hearing Officer all the papers constituting the record upon which the action appealed from was taken.
   A.   Adoption Of Rules: The Hearing Officer may adopt rules for the regulation of his/her procedures and the conduct of his/her duties. Such rules shall be consistent with State law and with the provisions of this Code, and shall be approved by the Town Council.
   B.   Oaths, Witnesses: The Hearing Officer may administer oaths and compel the attendance of witnesses.
   C.   Open, Public Meetings: All meetings of the Hearing Officer shall comply with the requirements of the Utah Open and Public Meetings Act, Utah Code Annotated section 52-4-101 et seq.
   D.   Effective Date Of Decisions: Decisions of the Hearing Officer become effective on the date the Hearing Officer issues a written decision, unless a different time is designated at the time the decision is made.
   E.   Notice Of Decision: Any decision of the Hearing Officer shall be served on all parties to the proceeding, and may be posted as required for public notice. (Ord. 17-02, 3-16-2017)

10-3C-5: APPEALS PROCESS; NOTICE OF APPEAL:

The applicant, a Board or officer of the Town, or any person adversely affected by a decision administering or interpreting a land use ordinance may, within ten (10) days of the date of the final 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 this title. The appeal shall be filed, in writing, with the Office of the Town Clerk, and shall state with specificity the reasons for the appeal.
   A.   Presentation Of Information; New Information Prohibited: An appellant or adversely affected party must first present to the Land Use Authority any and all information pertinent to its land use application or request. On appeal, the appellant may not bring new information for consideration by the Hearing Officer that has not first been presented to the Land Use Authority during its consideration of the matter.
   B.   Theory For Relief: An appellant or adversely affected party shall present to the Hearing Officer every theory for relief that it can raise in District Court.
   C.   Burden Of Proof: An appellant or adversely affected party bears the burden to prove, by substantial evidence, that there is error in any order, requirement, decision or determination in the administration or interpretation of this title.
   D.   Scope Of Authority: The Hearing Officer shall presume that the decision that is being appealed is correct, and shall only modify the decision if there is substantial evidence presented to the Hearing Officer that the Town or its Planning Commission erred in its application or interpretation of this title.
      1.   When presented with legal issues, the Hearing Officer shall apply a correctness standard to its review. Inasmuch as no specialized knowledge is necessary to make such a determination, no deference is given to the Land Use Authority.
      2.   When presented with factual issues, the Hearing Officer shall apply an arbitrary and capricious standard to its review, and the decision of a Land Use Authority shall not be disturbed if there is substantial evidence in the record that discloses a reasonable basis for its decision. Inasmuch as land use authorities and administrative officials have specialized knowledge in the field of planning and land use and are expected to implement the goals and policies of the Town, they should be allowed a comparatively wide latitude of discretion. Their decisions should be disturbed only if the Hearing Officer determines that the decision is arbitrary, capricious or illegal.
   E.   Stay Of Proceedings: An appeal stays all proceedings in the action that is the subject of the appeal. In the event a stay would cause imminent peril to life or property, the party seeking protection from imminent peril may seek an expedited ruling from the Hearing Officer or may seek immediate relief from the District Court.
   F.   Due Process: Proceedings and hearings before the Hearing Officer shall be in conformance with the general principles of due process.
   G.   Applicant Appearance: The person or entity filing the appeal may appear at such hearing in person, by agent, or by an attorney of his/her choice and may present to the Hearing Officer any evidence or argument to support the contentions on appeal.
   H.   Land Use Authority Appearance: The Land Use Authority that rendered the decision that is being appealed shall appear and present any evidence or argument it finds necessary to justify its decision.
   I.   Records Maintained; Findings: The Hearing Officer shall cause a record of its proceedings to be kept, including a recording of all evidentiary proceedings and all oral arguments of the parties, and shall make written findings and conclusions of all its decisions. (Ord. 17-02, 3-16-2017)

10-3C-6: REVIEW OF LAND USE AUTHORITY RECORD:

The Hearing Officer's review of any decision of a Land Use Authority shall be confined to the administrative record developed by the Land Use Authority, unless the Hearing Officer determines that the record is incomplete or deficient. If the Hearing Officer determines that the record is incomplete or deficient, the Hearing Officer may review the matter de novo. (Ord. 17-02, 3-16-2017)

10-3C-7: VARIANCES:

Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that such person owns, leases or in which such person holds some other beneficial interest, may apply to the Hearing Officer for a variance from the terms of this title.
   A.   Conditions For Granting Variance: The Appeal Authority may grant a variance only if:
      1.   Literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
      2.   There are special circumstances attached to the property that do not generally apply 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.
   B.   Unreasonable Hardship:
      1.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1 of this section, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship:
         a.   Is located on or associated with the property for which the variance is sought; and
         b.   Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
      2.   In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection A1 of this section, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
   C.   Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A2 of this section, the Appeal Authority may find that special circumstances exist only if the special circumstances:
      1.   Relate to the hardship complained of; and
      2.   Deprive the property of privileges granted to other properties in the same zone.
   D.   Burden Of Proof: The applicant shall bear the burden of proving that all conditions justifying a variance have been met.
   E.   Run With Land: Variances run with the land.
   F.   Use Variances Prohibited: The Appeal Authority may not grant a use variance.
   G.   Imposition Of 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. (Ord. 17-02, 3-16-2017)

10-3C-8: EFFECTIVE DATE; FINAL DECISION; APPEAL TO DISTRICT COURT:

The decision of the Hearing Officer shall take effect on the date when it issues a written decision, or at a different time as may be designated in the written decision. A written decision of the Hearing Officer constitutes a final decision under Utah Code Annotated sections 10-9a-801(2)(a) and 10-9a-801(4). A person adversely affected by a final decision of the Hearing Officer shall file a petition for review with the District Court within thirty (30) days after the date of the decision. (Ord. 17-02, 3-16-2017)

10-3C-9: EX PARTE COMMUNICATIONS; PENALTY:

It shall be unlawful for any individual, including the party bringing the appeal or requesting a variance, to discuss substantive matters pertaining to a pending appeal or variance with the Hearing Officer. Violation of this section shall be a Class C misdemeanor. The requirements of this section shall not apply to proceedings and communications during a properly scheduled public meeting or hearing for consideration of the appeal or variance, communications where all parties are present and given an opportunity to speak, or to a discussion limited to procedural matters not related to the substance of the proceedings, such as the date, time or place of the hearing. (Ord. 17-02, 3-16-2017)

10-3C-10: GOVERNMENTAL IMMUNITY:

The Hearing Officer shall be considered an appointed official and shall be entitled to all the protections of the Utah Governmental Immunity Act. (Ord. 17-02, 3-16-2017)

10-3C-11: COMPENSATION; CONTRACT:

Terms for compensation and reimbursement shall be memorialized by written contract with the Administrative Hearing Officer. The written contract required by this section shall be approved and adopted by the Town Council. (Ord. 17-02, 3-16-2017)

10-3C-12: DISTRICT COURT REVIEW OF APPEAL AUTHORITY DECISIONS:

Any person adversely affected by any decision of the Hearing Officer may petition the District Court for a review of the decision.
   A.   Administrative Remedies Exhausted: No person may file a petition for review of the Hearing Officer's decision unless he has first exhausted his administrative remedies.
   B.   Limited Allegation: The petition to the District Court may allege only that the Hearing Officer's decision was arbitrary, capricious or illegal.
   C.   Time Limit For Filing: The petition shall be filed within thirty (30) days after the Hearing Officer's decision. However, the time for filing an appeal to the District Court is stayed by the filing of a request for arbitration of a constitutional taking issue with the Utah property rights ombudsman under Utah Code Annotated section 13-43-204; in which event, a petition shall be filed within thirty (30) days after completion of proceedings before the ombudsman.
   D.   Transmit Record Of Proceedings; Transcripts: The Hearing Officer shall transmit to the District Court the record of its proceedings, including a transcript of all proceedings, all documentary evidence received at the hearing, and a copy of the Hearing Officer's rulings, findings and orders. The transcript shall be made by a person authorized to make certified transcripts of recorded proceedings, and shall bear a certification that the transcript is a true and correct copy of the proceedings before the Hearing Officer.
      1.   If a transcript is made of the proceedings before the Hearing Officer, the District Court's review is limited to the record. The District Court shall affirm the decision of the Hearing Officer if the decision is supported by substantial evidence in the record and is not arbitrary, capricious or illegal.
      2.   If there is no record of the proceedings before the Hearing Officer, the appeal to the District Court shall be a de novo appeal.
   E.   Scope Of Review By District Court: The District Court may hear only those issues and theories for relief that are raised in the proceedings before the Hearing Officer.
   F.   Stay Of Decision: The filing of a petition with the district does not stay the decision of the Hearing Officer unless the Hearing Officer determines, in writing, that a stay is in the best interests of the Town or that enforcement of the ruling would cause imminent peril to life or property. This section shall not preclude a party from seeking a stay from the District Court.
   G.   Court Decision: The Court shall affirm the decision of the Hearing Officer if the decision is supported by substantial evidence in the record and is not arbitrary, capricious or illegal. (Ord. 17-02, 3-16-2017)

10-3C-13: MATRIX:

The Mayor or Town Clerk may, with the advice and consent of the Planning Commission and the Town Council, develop a graphical matrix to show the powers and duties of each Land Use Authority within the Town, the Appeal Authority for decisions of the Land Use Authority, and the time for appeal of any decision. (Ord. 17-02, 3-16-2017)

10-3D-1: CREATED; APPOINTMENT:

There is hereby created the Office of Town Engineer. The Mayor, with the advice and consent of the Town Council, may appoint a person to act as Town Engineer. Said Town Engineer is hereby charged with the administration and enforcement of this title and such other duties as are set forth section 10-3D-2 of this article. (Ord. 17-02, 3-16-2017)

10-3D-2: POWERS AND DUTIES:

It shall be the duty of the Town Engineer to:
   A.   Review all applications for building permits and certificates of zoning compliance.
   B.   Refuse to issue any permit unless the plans of and for the proposed erection, construction or use fully conform to all regulations in effect within the Town.
   C.   Enforce the provisions of the zoning regulations and, wherever violations occur, to consult with the Town Attorney, to post or issue citations, to prepare exhibits, testimony and other data which may be needed in such enforcement.
   D.   Render administrative decisions on those certain routine and uncontested matters as are delegated to him by the Town Council or Appeal Authority and pursuant to established guidelines relating thereto. (Ord. 17-02, 3-16-2017)