8.02.09 Appeals – Procedure

Appeals to the Board of Adjustment shall be made as follows: (1) Standing to Appeal. Any person or entity (including a Town of Daniel department or elected official) affected by an administrative decision applying the Land Use ordinance may appeal that decision to the Board of Adjustment by alleging that there is an error in any order, requirement, decision, or determination by an official. (2) Deadline for Filing Notice of Appeal. Notice of Appeal and all supporting documents shall be filed within thirty (30) days of decision or action taken by the official. Notice of Appeal shall be filed with the planning staff. (3) Contents. Notice of Appeals shall state the administrative order, requirement, decision or determination from which the person or entity appeals, and shall specify the grounds for the appeal and circumstances related thereto. Any filings shall include copies of any documentary evidence or written arguments intended to be presented to the Board of Adjustment. A written appeal failing to specify grounds of appeal may be summarily dismissed by the Board of Adjustment, with or without prejudice. The brief should address all issues to be brought before the Board of Adjustment. Any new issues not addressed in the brief that are put forth at the hearing, shall be grounds to continue the matter to allow for adequate time to respond to the new issues. (4) Determination of Hearing Date. Within five (5) business days of receipt of a Notice of Appeal, the applicant will be informed of a date for the hearing before the Board of Adjustment, which shall be no sooner than thirty (30) days thereafter, and no later than seventy five (75) days thereafter. (5) Record Sent to Board of Adjustment. The official responsible for the administrative decision being appealed shall refer to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken, at least seven (7) days prior to the hearing. (6) Appeal Stays Action. An appeal stays all proceedings unless the Planning Staff certifies to the Board of Adjustment that a stay would cause imminent peril to life or property, or irreparable harm. (7) Burden of Proof. The person or entity making the appeal has the burden of proving that an error has been made. (8) Actions of Board of Adjustment. In exercising its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, condition, decision or determination as ought to be made. The concurring vote of not less than four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination applying the Land Use ordinance. (9) Appeal of Decision of Board of Adjustment. Any person or entity aggrieved by a decision of the Board of Adjustment may petition the district court for a review of the decision as permitted by Utah State law.