5.4 Powers and Duties of the Appeal AuthorityHearings

Before the Appeal Authority Hearings Before the Appeal Authority The Appeal Authority shall hear appeals and variances as authorized by Utah Code, section 10-9a702, as amended. (a) An appeal authority shall hear and decide: (i) requests for variances from the terms of land use ordinances; (ii) appeals from land use decisions applying land use ordinances; and (iii) appeals from a fee charged in accordance with Utah State Code Section 10-9a-510. (b) An appeal authority may not hear an appeal from the enactment of a land use regulation (c) An appeal authority shall: (i) act in a quasi-judicial manner; and (ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and (iii) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority. (iv) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court; (v) not require a land use applicant or adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies 5.5 Condition Precedent to Judicial Review As a condition precedent to judicial review, each adversely affected party shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.