17-3-14 Appeals and reconsideration process.
The applicant, staff, or any other person with standing to challenge a decision administering or interpreting this title may appeal the decision as follows:
A. Zoning Code Interpretation and Administration. All city decisions which interpret or administer this title may be appealed to the appeal authority within ten calendar days of final action by filing notice of appeal with the director of the community and economic development department.
B. Finality of Action. A final action occurs when the deciding body has adopted and executed written findings of fact and conclusions of law on the matter in question.
C. Standing to Appeal. The following persons have standing to appeal a final action:
1. Any person who submitted written comment or testified on a proposal before the community and economic development department or planning commission;
2. The owner of any property within three hundred feet of the boundary of the subject site;
3. Any city official, board or commission having jurisdiction over the matter; and
4. The owner of the subject property.
D. Form of Appeals. Appeals must be filed with the director of the community and economic development department and must be in writing. An appeal must include the following information:
1. Name of the appellant;
2. Address of the appellant;
3. Telephone number of the appellant;
4. Explanation of the appellant’s standing to appeal;
5. Intent to be represented by legal counsel; and
6. A comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
E. Action on Appeals to the Appeal Authority. The appeal authority, as established by Chapter 17-5, shall comply with the following standards for all appeals under this title:
1. The appeal authority, in consultation with the appellant, shall set a date for the appeal;
2. The appeal authority shall notify the owner of the appeal date;
3. The appeal authority shall consider the written appeal, final action and all other pertinent information from the appellant and the city;
4. The appellant has the burden of proving that the city erred in its decision;
5. The appeal authority shall ensure the appeal is conducted in accordance with the standards established by Part 7, Appeal Authority and Variances, of Title 10, Chapter 9a, of the Utah Code Annotated, as amended.
6. The appeal authority may affirm, reverse, or affirm in part and reverse in part any properly appealed decision or may remand the matter with directions for specific areas of review or clarification. Appellate review is limited to consideration of only those matters raised in the written appeal and the staff’s responses thereto, unless the appeal authority, by motion, enlarges the scope of the appeal to accept information on other matters; and
7. Within thirty days, the appeal authority shall prepare written:
a. Findings of fact, which explain the circumstances of the decision; and
b. Conclusions of law in support of its decision.
F. Appeal from the Appeal Authority. The applicant or any person aggrieved by city action on the project may appeal from the final action of the appeal authority to third district court of Salt Lake County within thirty days of final action. The decision shall stand. and those affected by the decision may act in reliance on it, unless and until the district court stays the final action pending review. The district court shall conduct the appeal in accordance with the standards established by Part 8, District Court Review, of Title 10, Chapter 9a, of the Utah Code Annotated, as amended.
G. City Council Call-Up. Within fifteen calendar days of final action on any project by the planning commission or staff, the city council, on its own motion, may call up the final action for review. The city recorder shall give prompt notice of the call-up to the chairman of the planning commission together with the date set by the council for consideration of the merits of the matter. The recorder shall also provide notice as required by Section 17-3-9. In calling a matter up, the council may limit the scope of the hearing to certain issues.
H. Stay of Approval Pending Call-Up. Upon call-up, any approval granted by the planning commission or staff will be suspended until the city council has taken final action on the appeal.
I. Notice. Notice of all appeals or call-ups shall be given to all affected parties of any proceedings or process where the issue is to be heard and evidence is to be gathered. (Ord. 2020-01 § 1 (Exh. A (part)); Ord. 2012-09 § 2 (Att. B (part)); Ord. 8/10/2004O-25 § 1(5) (part); Ord. 12-11-2001C § 2 (part). Formerly 17-3-13)