Any person aggrieved by a decision of the land use authority or an administrative officer or city agency based on or made in the course of administration or enforcement of the policies and laws of the city may appeal the decision to the appeal authority, as provided in section 9-5-6 of this chapter. (Ord. 210-12, 10-16-2012; amd. 2013 Code)

   A.   Appointment: The appeal authority shall be a single individual or body appointed by the city with the qualifications specified in this chapter and vested with the powers set forth herein and in accordance with state law. (Ord. 210-12, 10-16-2012; amd. 2013 Code)

   B.   Term: The term for the appeal authority shall be for three (3) years and thereafter may be appointed for succeeding three (3) year terms as established under subsection F2 of this section.

   C.   Removal: The mayor may remove the appeal authority in accordance with the terms of the contract with the appeal authority.

   D.   Training: The appeal authority shall, at a minimum, have such training and experience as will qualify the appeal authority to conduct administrative or quasi-judicial hearings regarding:

      1.   Building permits;

      2.   Decision of an administrative officer or city agency based on or made in the course of the administration or enforcement of the policies and laws of the city;

      3.   Land uses;

      4.   Land development; and

      5.   Regulatory codes dealing with issues related to land use.

   E.   Appeal Authority Pro Tempore:

      1.   The mayor may, from time to time, appoint an appeal authority pro tempore on a temporary basis when necessitated by the absence, unavailability, incapacity or disqualification of the regularly appointed appeal authority, upon the advice and consent of the city council.

      2.   Each appeal authority pro tempore shall, at a minimum, have qualifications which are similar to those specified in subsection D of this section.

   F.   Compensation:

      1.   The appeal authority shall be compensated in accordance with the contract between the appeal authority and the city.

      2.   The appeal authority shall be considered an independent contractor and, as such, will enter into a three (3) year contract for services at the beginning of each appointed term.

      3.   Terms for compensation and reimbursement will be determined and agreed upon in the aforementioned contract. The terms and conditions of the contract shall ultimately be approved by the city council prior to any individual entering into an agreement with the city to serve as the appeal authority. (Ord. 210-12, 10-16-2012)

The appeal authority shall act in accordance with the provisions of state law, this chapter and any other applicable ordinance.

   A.   Meetings:

      1.   Meetings of the appeal authority shall be held at times as the appeal authority may determine, or as directed by the mayor, to timely conduct the business of the appeal authority.

      2.   The appeal authority may administer oaths and compel the attendance of witnesses.

      3.   All meetings of the appeal authority shall comply with the open and public meetings act.

   B.   Minutes, Records And Recordings:

      1.   The appeal authority shall keep minutes and recordings of its proceedings, and shall keep records of its examinations and other official actions; all of which shall be immediately filed in the office of the city recorder and shall be a public record.

      2.   Minutes and recordings shall be kept in accordance with Utah Code Annotated section 52-4-203(4).

   C.   Routine, Uncontested Matters: The zoning administrator may decide routine and uncontested matters designated by the appeal authority as provided in section 9-5-5 of this chapter, and pursuant to its established rules and guidelines. (Ord. 210-12, 10-16-2012)

The appeal authority shall have the following powers:

   A.   Appeals: To hear and decide:

      1.   Appeals from decisions applying the land use ordinance;

      2.   Appeals from a fee charged in accordance with Utah Code Annotated section 10-9a-510.

   B.   Interpretation Or Special Questions: To hear and decide, in accordance with the provisions of this code, requests for interpretation of maps, plats or decisions on other special questions on which such authority is authorized by this code to pass.

   C.   Variances: To hear and decide requests for variances from the terms of the land use ordinances:

      1.   Conditions For Granting: The appeal authority may grant a variance only if:

         a.   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;

         b.   There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

         c.   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

         d.   The variance will not substantially affect the general plan and will not be contrary to the public interest; and

         e.   The spirit of the land use ordinance is observed and substantial justice done.

      2.   Burden Of Proof: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

      3.   Run With Land: Variances run with the land.

      4.   Additional Requirements May Be Imposed: In granting a variance, the appeal authority may impose additional requirements on the applicant that will:

         a.   Mitigate any harmful effects of the variance; or

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

         c.   Mitigate any harmful effects caused by the objectives listed in sections 9-1-3 and 9-1-4 of this title.

      5.   Time Limitation On Variance: In the event the appeal authority does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be substantially completed within six (6) months after the date the variance is granted, or the variance becomes null and void. The time limit of the variance may be extended an additional six (6) months by the appeal authority, and then only if the petitioner shows adequate cause to the appeal authority that circumstances necessitate a time extension.

   D.   Nonconforming Uses:

      1.   Enlargement, Addition Or Relocation: To permit, on an appeal, the enlargement of, addition to or relocation of a building or structure, nonconforming as to use regulations, and documented as follows:

         a.   For a nonconforming use located in a residential zone, the enlargement, addition or relocation shall either:

            (1) Comply with all the height, yard and area requirements for a single-family dwelling in the zone in which the nonconforming building is located; or

            (2) The proposed enlargement, addition or relocation will either:

               (A) Improve the area by increasing the off street parking; or

               (B) Improve the general appearance, convenience or safety of the area.

         b.   For a nonconforming use located in any zone other than a residential zone, the enlargement, addition or relocation shall comply with all height, yard and area requirements for a main building, other than dwellings, in the zone in which it is located.

      2.   Required Findings: Before granting a permit for any enlargement, addition or relocation of a nonconforming use as provided in subsection D1 of this section, the appeal authority shall find in its public meeting that the proposed changes will not hinder or obstruct the attainment of the objectives listed in sections 9-1-3 and 9-1-4 of this title more than does the existing nonconforming use.

   E.   Nonconforming Yard, Height Or Area Regulations: To allow those enlargements of, additions to or relocation of buildings and structures, nonconforming as to yard, height or area regulations, in those cases where an undue hardship will result to the owner of the land involved unless granted and the attainment of the objectives listed in sections 9-1-3 and 9-1-4 of this title will not be hindered or obstructed, and provided the proposed enlargement, addition to or relocation of will either:

      1.   Improve the area by increasing needed off street parking; or

      2.   Improve the general appearance, convenience or safety of the area.

   F.   Extension Of Use: To permit, where a zone boundary line divides a lot in single ownership at the time of establishment of said boundary, a use authorized on either portion of such lot to extend to the entire lot, provided such permission shall not authorize the use to extend more than thirty five feet (35') beyond the zone boundary line or extend to an area greater than five thousand (5,000) square feet beyond the said boundary line.

   G.   Changes In Nonconforming Uses: To permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone than the one in which the nonconforming use would be allowed; provided, that the appeal authority finds in its public meeting that such change will not hinder or obstruct the attainment of the objectives listed in sections 9-1-3 and 9-1-4 of this title more than does the existing nonconforming use.

   H.   Use Permitted Without Street Frontage: To permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but does have frontage on a dedicated right of way.

   I.   Lot Splitting: To permit the splitting of a lot wherein such lot split creates a lot which does not have the required width of the zone in which the lot is located, provided the created nonconforming lot meets the following criteria:

      1.   The lot area requirements of the zone and the structure placed on the lot meets all required site standards of the zone;

      2.   The change will not hinder or obstruct the attainment of the objectives listed in sections 9-1-3 and 9-1-4 of this title more than does the nonconforming splitting of the lot;

      3.   A legal survey of the lot has been performed, reviewed and approved by the city, city engineer and Weber County surveying. (Ord. 210-12, 10-16-2012)

   A.   Authority, Guidelines: The appeal authority may assign to the zoning administrator routine and uncontested matters pursuant to the following established guidelines:

      1.   Routine and uncontested matters are decided using the same criteria that the appeal authority would use.

      2.   The zoning administrator is hereby authorized to decide certain matters that are consistent with the guidelines established by this title and state law.

      3.   Pursuant to that authority, the zoning administrator may decide all cases which are routine in nature, uncontested, that do not impact the character of the neighborhood, are primarily brought about by recent changes in the zoning ordinance or city initiated development or construction that has resulted in the creation of nonconforming structures or uses.

   B.   Specific Authority: The specific types of decisions the zoning administrator is authorized to make shall include:

      1.   The determination of a nonconforming use which can be verified by substantial evidence. "Substantial evidence", for the purpose of this subsection, shall mean official documents, including any written correspondence, receipts, permits or documents issued by a public body or agency thereof, etc., that may establish the truth of the matter asserted by the applicant.

      2.   Consider additions or alterations to existing buildings and structures, which are nonconforming as to height, area or yard regulations; providing, that the addition follows the existing wall lines and no additional dwelling units are added to the building or structure.

      3.   Change in the status of a nonconforming use to a less intense use than that immediately preceding the proposed use.

      4.   Final review and approval on plans where the appeal authority has required that a final plan be submitted for special approval, showing that all requirements imposed by the appeal authority in granting the original approval have been complied with.

      5.   The granting of a variance in the very limited instance wherein the applicant and the city, as stated in a written agreement, are in complete agreement regarding all issues, and that the spirit and intent of this title is satisfied and that all criteria required statutorily for the variance have also been satisfied.

      6.   The notice requirements established by ordinance that are required before a hearing on a variance must still be satisfied by the zoning administrator. However, in lieu of giving notice of a time, date and place of a hearing, the zoning administrator's notice shall provide for a time frame within which all interested parties may submit their input to the zoning administrator. All responses received pursuant to the notice shall become a permanent part of the file. (Ord. 210-12, 10-16-2012; amd. 2013 Code)

   A.   Authority:

      1.   Land Use: In accordance with Utah Code Annotated section 10-9a-707, 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.

      2.   General: In accordance with section 9-5-1 of this chapter, those decisions made by an administrative officer or city agency based on or made in the course of administration or enforcement of the policies and laws of the city, may be appealed to the appeal authority.

   B.   Time To Appeal: Any appeal pursuant to this section must be filed in writing with the city recorder within fourteen (14) calendar days of the issuance of the decision.

   C.   Time For Hearing Appeal: The appeal authority shall hear the appeal within fifteen (15) to thirty (30) calendar days, but no longer than thirty (30) days, of the date the appeal was filed, unless the parties agree to a different date.

   D.   Written Statement Setting Forth Theories Of Relief Required: The appellant shall deliver to the appeal authority and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief he/she intends to raise at the hearing, along with a brief statement of facts in support thereof.

   E.   Condition Precedent To Judicial Review: No theory of relief may be raised in the district court unless it was timely and specifically presented to the appeal authority.

   F.   Standard Of Review And Burden Of Proof On Appeal: The appeal authority shall determine the correctness of the decision of the land use authority or administrative officer or city agency in its interpretation and application of the land use ordinance. (Ord. 210-12, 10-16-2012; amd. 2013 Code)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the appeal authority after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, the stay would in his opinion cause imminent peril to life or property. (Ord. 210-12, 10-16-2012)

The appeal authority shall fix a reasonable time for the meeting to hear the appeal, give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time. At the meeting, any party may appear in person or by agent or by attorney. (Ord. 210-12, 10-16-2012)

In exercising the above mentioned powers, such appeal authority may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. (Ord. 210-12, 10-16-2012)

Because the appeal authority conducts hearings that are quasi-judicial, all persons are prohibited from contacting the appeal authority outside the public hearing for the purpose of influencing a decision. Any contacts made must be publicly disclosed at the hearing. If a person believes that ex parte communications have occurred, it should promptly be brought to the attention of the affected official. (Ord. 210-12, 10-16-2012)

Upon filing of any appeal or application to the appeal authority, the appellant or applicant shall pay to the city a fee as set by resolution and prescribed by the city council. The fee shall be collected by the city recorder and credited to the general fund. No appeal or application shall be considered by the appeal authority unless and until such fee has been paid. (Ord. 210-12, 10-16-2012; amd. 2013 Code)