7.2 APPEALS OF LAND USE DECISIONS

7.2.1 Administrative Appeals. Any person adversely affected by the Land Use Authority’s application of a Town Land Use Regulation to a particular Land Use Application shall first appeal said decision to the Officer. Legislative Decisions related to the enactment or amendment to Town Ordinances, Land Use Regulations, General Plans, and Zoning Maps shall be appealed directly to the Grand County District Court pursuant to Section 10-9a-801 (5), et seq., UCA. 7.2.2 Appeal Authority. The Planning and Use Commission (“the “Commission”) the Town Council and the Officer shall have the powers and be subject to the limitations contained in Ordinance 2006-3, Ordinance 2004-3 and Chapter 3 of this Land Use Ordinance. 7.2.3 Applications for Appeal. 1. Routine Designations. Any person who claims that the Building Permit Agent made an erroneous determination regarding whether an application qualifies as a Routine Application, as defined in Section 1.6 and as specified in Ordinance 85-3 (“Routine Designation”) shall appeal said Routine Designation to the Commission. Such Appeal shall be filed in writing with the Town Clerk setting forth the reasons for appeal within 15 calendar days of the date of the Building Permit Agent’s written Routine Designation. An appeal fee, as established by Resolution 2013-1 as amended, must accompany the appeal. If, upon appeal, the Commission determines that the Land Use Application is routine, it shall remand the Land Use Application to the Building Permit Agent for processing. If the Commission determines that the Land Use Application is nonroutine, the Designated Land Use Authority may review and issue a Land Use Decision on the nonroutine Land Use Application. 2. Land Use Application Fees. Any person who claims a Land Use Application fee exceeds the reasonable cost of processing the application, issuing the permit, or other services rendered shall appeal said fee to the Officer. Such Appeal shall be filed in writing with the Town Clerk setting forth the reasons for the appeal within 15 calendar days of the date the fee is assessed. An appeal fee, as established by Resolution 2013-1 as amended, must accompany the appeal. The Town shall return the appeal fee to the Appellant if the Officer determines the Land Use Application fee is unreasonable under Section 10-9a-510, UCA. On appeal, the Officer shall deem Land Use Application fees as presumptively reasonable. It shall be the Appellant’s burden to prove that a Land Use Application fee is clearly disproportional to the cost of processing the application, issuing the permit, or other services rendered, including all staff, consultant and attorney review. 3. Land Use Decisions. Any persons, including any officer or body of the Town, adversely affected by any other Land Use Decisions, including the grant or refusal of a building permit, shall first appeal the Land Use Decision to the Officer. An appeal must be made within thirty (30) calendar days of the date of the Land Use Decision by filing with the Town Clerk: 1) a written notice of appeal stating in detailed specificity the decision being appealed and the grounds thereof, including the alleged error(s) made by the Land Use Authority and every theory of relief that can be raised in district court; and 2) fees established by Resolution 2013-1, as amended (collectively the “Appeal”). Appeals shall only be accepted in which final action of the Land Use Authority has been made, as evidenced by issuance or denial of a Land Use Application Permit or other final written Land Use Decision. The Town Clerk shall certify the completeness and timeliness of the Appeal or reject the same, in a timely manner. Upon the Town Clerk’s certification of the Appeal, the Town Clerk shall forthwith transmit the “Record,” as defined below, to the Officer. 4. The Record shall consist of all those documents and papers filed by the Land Use Applicant with the Land Use Authority; all correspondence between the Town and the Land Use Applicant; all documents, papers, and correspondence received from the public or adversely affected persons or entities; transcripts of all public meetings; the Land Use Regulations; all such Land Use Decisions or transcripts thereof; and the notice of appeal. By mutual agreement of the Parties, the Record may include a “Brief of the Issues,” submitted by the Parties and directed to the Officer. The Record shall not include any documentation, papers, or correspondence from the Town, the Applicant, or an adversely affect person or entity dated or prepared after the date of the Land Use Decision, or any other evidence outside of the Record. In the event there is no written Record, the Officer may call witnesses and take evidence. 5. An appeal is not subject to de novo review, and the Officer shall defer to the Town’s determination of factual matters where the Record includes substantial evidence for each of the Town’s findings of fact. 6. The Officer shall review the Record under the “Clearly Erroneous” standard, and it shall be the appellant’s burden to prove the Land Use Authority erred. If the Land Use Decision is reasonable in light of the entire Record, the Officer may not reverse it, even if the Officer would have weighed the evidence differently. 7. When reviewing the reasonableness of the Land Use Decision, the Officer shall apply the plain meaning of the Land Use Regulations. If the meaning of a Land Use Regulation is ambiguous, it shall be interpreted in the light most favorable to the Land Use Applicant. 8. The Officer, with the mutual agreement of the Parties, may rule on the Record alone or may fix the date and time for a hearing within a reasonable time. In the event the parties proceed to a hearing, the Officer shall give the Parties and the public notice thereof. All meetings and hearings held by the Officer shall be considered public meetings and shall be properly noticed and held in accordance with the Utah Open and Public Meetings Act, and no later than ten (10) business days prior to the hearing stating the time, place, and purpose of the meeting. All meetings and hearings by the Officer shall be held at the Town Community Building unless the Officer determines that an alternate location better meets the purposes and need of the meeting or hearing. All records of meetings or hearings held by the Officer, including written minutes, final decisions and rulings, and associated documents shall be filed by the Town Clerk in the Town Records for review and access by the public subject to the provisions of the Government Records Access Management Act, Section 63G-2-101, et seq., UCA, as amended. 9. Proceedings and hearings before the Officer shall be pursuant to rules adopted by the Town and in conformance with general principles of due process; provided, however, the rules of evidence need not apply. Any party in interest may appear at such hearing in person, by agent, or by an attorney of his/her choice. 10. Appellants may always reapply to the applicable Land Use Authority if they have new information that might change the previously-issued Land Use Decision. Further, appeals shall consider and decide the reasonableness of the Town’s application of a Land Use Regulation to a particular Land Use Application on a case-by-case basis. 11. Appeals may not be used to waive or modify the terms, requirements, or text of the Town’s ordinances or Land Use Regulations. 12. The Officer shall decide all appeals and other issues brought before it within a reasonable time. Decision on an appeal is final when the Officer dates and puts in writing their record of decision, which shall include: the “Finding of Facts” or the written facts and evidence used in making the decision; “Conclusions of Law” based on Town Land Use Regulations or other law, rule or regulation relied on; and the “Ruling” setting forth the Ruling of the Officer. 13. In exercising the above-mentioned powers, the Officer may affirm, wholly or partly, or may modify the order, requirement, decision or determination of a Land Use Authority consistent with Town Land Use Regulations and other applicable laws. 14. In the event the Officer upholds the Land Use Decision, the Applicant shall pay to the Town all of its costs and expenses incurred as a result of the appeal of the Land Use Decision, including reasonable attorneys’ fees and costs. Further, in the event the Applicant appeals the Officer’s Ruling to the Grand County District Court, and if the Court upholds the Officer’s Ruling, the Applicant shall further pay to the Town all of its costs and expenses incurred as a result of the appeal of the Officer’s Ruling, including reasonable attorneys’ fees and costs. 7.2.4 Stay of Final Decision of Land Use Authority Pending Appeal An appeal to the Officer hereunder shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the Land Use Authority. An appellant may request a stay by submitting to the Land Use Authority, in writing, an application for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the Land Use Authority shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five (5) days from the date the request is received by the Land Use Authority. The Land Use Authority, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a cash escrow financial guarantee. Within ten (10) days of the Land Use Authority’s decision regarding the grant or denial of a stay, any aggrieved party may appeal the decision to the Officer, whose decision shall be final. 7.2.5 Notice to Council of Meeting or Hearing for Appeal of a Land Use Decision Before an appeal of a Land Use Decision is heard by the Officer, the Officer shall give notice to the Town, the Appellant, and other Parties of Interest at least ten (10) business days prior to the meeting or hearing stating the time, place and purpose of the meeting or hearing. Parties of Interest include anyone else who has submitted a written request to be notified of the decision. 7.2.6 Notice of Final Decision for Appeal of a Land Use Decision The Officer shall give written notice of all final decisions and rulings for an appeal of a Land Use Decision to the Town, the Appellant, and other parties of interest within ten (10) business days after such a final decision is made. The Town Clerk shall file a hard copy, marked as final with adoption date, in the Town Records for review and access by the public subject to the provisions of the Government Records Access Management Act, Section 63G-2-101, et seq., UCA, as amended. 7.2.7 Time Limitation The Officer shall dismiss all appeals not heard or decided within one hundred eighty (180) days of filing of the appeal due to the Appellant’s failure to proceed or prosecute. In such an event, the Officer shall first provide 10 days’ advanced written notice of Intent to Dismiss to the Appellant, and a subsequent written ruling of dismissal.