2-2-190 Appeal of Administrative Decision

A. Purpose. This section sets forth procedures for appealing an administrative decision applying provisions of this Code. B. Authority. The Hearing Officer shall hear and decide appeals from administrative decisions applying the provisions of this Code as provided in this section. C. Initiation. Any person, or any officer, department, board or commission of the County, adversely affected by a decision made in the administration or interpretation of a provision of this Code may appeal to the Hearing Officer as provided in Subsection 2-2-190(D)(1) of this section. A complete application for an appeal shall be filed within fourteen (14) days of the decision which is appealed. 1. Only administrative decisions applying this Code may be appealed to the Hearing Officer. 2. A person may not appeal, and the Hearing Officer may not consider, any amendment to this Code. Appeals may not be used to waive or modify the terms or requirements of this Code. D. Procedure. An appeal of an administrative decision to the Hearing Officer shall be considered and processed as provided in this subsection. 1. A complete application shall be submitted to the Zoning Administrator in a form established by the County along with any fee established by the County’s schedule of fees. The application shall include at least the following information: a. The name, address and telephone number of the applicant and the applicant’s agent, if any; b. The decision being appealed; c. Grounds for the appeal; and d. A description of the action claimed by the applicant to be incorrect. 2. After an application is determined to be complete, the Zoning Administrator shall give a Class A notice and schedule a public meeting before the Hearing Officer as provided in Section 2-2- 050 of this Chapter. Prior to the meeting the Zoning Administrator shall transmit to the Hearing Officer all papers constituting the record of the action which is appealed. 3. Upon receipt of a complete application for an appeal all further proceedings concerning the matter appealed shall be stayed as provided in Section 2-1-060(I) of this Code. 4. The Hearing Officer shall review the record of decision and shall consider and decide the matter in accordance with the standard of review set forth in Subsection 2-2-190(E) of this Section. 5. After the Hearing Officer makes a decision, the Zoning Administrator shall give the applicant written notice of the decision. 6. A record of all appeals of administrative decisions shall be maintained in the office of the Zoning Administrator. E. Standards for Decision. 1. Only those decisions in which a land use authority or its representative have applied a land use ordinance to a particular application, person, or parcel may be appealed to the Hearing Officer. 2. The Hearing Officer may reverse or affirm, wholly or in part, or may remand the administrative decision to the officer or body from whom the appeal was taken. 3. The Hearing Officer shall review an administrative decision for correctness of an administrative decision in its interpretation and application of a land use ordinance. 4. The Hearing Officer may establish standards of review of factual matters. If no standards are established, the Hearing Officer shall review the matter de novo. 5. The person making an appeal shall have the burden of proving that an error has been made. 6. If a provision of this Code is ambiguous, it shall be construed in favor of the property owner. F. Appeal. Any person adversely affected by a final decision of the Hearing Officer regarding an appeal of an administration decision may appeal that decision to the district court as provided in Utah Code, as amended.