9-3-2 APPEAL AUTHORITY

A. Organization: The Town hereby establishes an Appeal Authority pursuant to Utah Code Annotated section10-9a-701 et seq, B. Length Of Term: The Appeal Authority shall be appointed for a term of five (5) years. An Appeal Authority's term expires on December 31. Upon the expiration of an Appeal Authority's term, a new Appeal Authority shall be filled by appointment by the Town Manager, with the advice and consent of the Council. (2010 Code, amd. ord. 15-004, 428-2015) C. Absence And Removal: The Appeal Authority may be removed by the Town Manager, with the advice and consent of the Town Council. A. Meetings: All meetings conducted by the Appeal Authority shall be in conformance with the Utah Open Meetings Act. The Appeal Authority shall keep an electronic recording of its appeals and its proceedings showing its decisions on each question, and a record of the Appeal Authority's examination of evidence and other official actions. The Appeal Authority shall keep minutes of all meetings and proceedings. Minutes shall be filed with the Town Clerk upon adoption by the Appeal Authority, and then shall be made available to the public. The Town Manager must be present for any action to be taken by the Appeal Authority. (2010 Code, amd. ord. 15-004, 4-28-2015, amd. ord. 21-005, 05-11-2021) E. Policies And Procedures: The Appeal Authority may adopt rules of policy and procedure consistent with this chapter and state law. The rules shall be submitted to the Town Council for approval and may be altered, amended, or changed in the same manner. F. Powers And Duties: The Appeal Authority shall call meetings as needed and may administer oaths and compel the attendance of witnesses. The Appeal Authority shall hear and decide appeals from final land use decisions applying this title. (2010 Code, amd. ord.15-004, 4-28-2015) G. Appeals: Any person aggrieved by a final decision of the Zoning Administrator, Town Manager, Planning Commission, or any decision applying this title, may make an appeal to the Appeal Authority. All appeals shall be made according to the following procedures: 1. The appeals shall be made within ten (10) days of the action or decision being appealed by filing written notice of appeal with the Town Clerk. 2. The notice of appeal shall specify all grounds for the appeal and circumstances related thereto. Such notice shall set forth in detail the action and grounds upon which the applicant or other interested parties deem themselves aggrieved. A notice failing to specify grounds for appeal may be summarily dismissed by the Appeal Authority without prejudice. 3. The Appeal Authority or Town Clerk shall set the date for the appeal hearing to be held within a reasonable time from the day the appeal is received. Written notice of the date set for hearing the appeal shall be mailed to the applicant at least ten (10) days before the appeal hearing date. 4. The filing of an appeal shall stay all proceedings and actions in furtherance of the matter appealed, pending decision of the Appeal Authority. The stay shall exist unless the appeal authority finds, after the notice of appeal has been filed, that the stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by an appropriate order issued by a court having jurisdiction. (amd. ord. 21-005, 05-11-2021) H. Scope Of Review: 1. The Appeal Authority shall limit its review on appeal to the record upon which the original action was based, including, but not limited to, the original application, written recommendations from the Town staff, adopted minutes, letters, petitions, reports, or other technical data submitted by the applicant in furtherance of the application. The Appeal Authority’s scope of review shall be limited to a determination as to whether the decision being appealed has a reasonable, factual basis apparent in the record. (amd. ord. 21-005, 05-11-2021) 2. The Appeal Authority shall allow the appealing party or designated representative and the decision maker or representative the opportunity to present appropriate oral argument with regard to the issue appealed. Such oral argument may be limited as appropriate by the Appeal Authority. The Appeal Authority shall not receive or consider any new evidence in the form of exhibits, affidavits, or testimony, other than the oral argument provided under this section. I. Action Taken: After hearing the appeal, the Appeal Authority may 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 or body from which the appeal is made. The Appeal Authority shall issue its decision in writing. J. Judicial Review Of Decision; Time Limitation: Any person aggrieved by any decision by the Appeal Authority may file an action for relief therefrom in any court of competent jurisdiction within thirty (30) days after the filing of the decision of the Appeal Authority with the Town Clerk. (ord. 08-016, 8-12-2008)