2001 Appeals of Administrative Decisions

1) Authority As described in Section 3 of this chapter, the Hearing Officer shall hear and decide appeals alleging an error in any administrative decision made by the Planning and Zoning Commission in the administration or enforcement of this title. In addition, the Hearing Officer shall hear and decide applications for variances. 2) Parties Entitled to Appeal An applicant or any other person or entity within the jurisdiction of the Hearing Officer adversely affected by a decision administering or interpreting this title may appeal to the Hearing Officer. 3) Procedure Appeals of administrative decisions made by the Planning and Zoning Commission, to the Hearing Officer shall be taken in accordance with the following procedures: a) Filing of appeal An appeal shall be made in writing within fourteen (14) days of the administrative decision by the Planning and Zoning Commission and shall be filed with the Planning and Zoning Commission Chairman. The appeal shall specify the decision appealed, the alleged error made in connection with the decision being appealed, and the reasons the appellant claims the decision to be in error, including every theory of relief that can be presented in district court. b) Fees Non-refundable application and Hearing fees shown on the Town of Dutch John consolidated fee schedule shall accompany the appeal. c) Stay of Proceedings An appeal to the Hearing Officer shall stay all further proceedings concerning the matter about which the appealed order, requirement, decision, determination, or interpretation was made unless the Planning and Zoning Commission Chairman certifies in writing to the Officer, after the appeal has been filed, that a stay would, in the Planning and Zoning Commission Chairman’s opinion, be against the best interest of the Town. d) Notice Required i) Public Meeting All public meetings shall be conducted as meetings open to the attendance of the general public. Upon receipt by the Planning and Zoning Commission Chairman of an appeal of an administrative decision, the Hearing Officer shall be notified of the appeal and shall schedule and hold a public meeting in accordance with the standards and procedures adopted for such meeting. ii) Notice of Appeals of Administrative Decisions of the Planning and Zoning Commission Appeals from a decision of the Planning and Zoning Commission are based on evidence in the record. Therefore, testimony at the appeal meeting shall be limited to the appellant and the respondent. Upon receipt of an appeal of a decision by the Planning and Zoning Commission, the Hearing Officer shall schedule a public meeting to hear arguments by the appellant and respondent. Notification of the date, time and place of the meeting shall be given to the appellant and respondent, by the Hearing officer, a minimum of fourteen (14) calendar days in advance of the meeting. The Appeal and Variances Hearing Officer may give e-mail notification, or other form of notification chosen by the Hearing Officer. e) Standard of Review i) The standard of review for an appeal: Other than as provided in subsection D2 of this section, shall be de novo. The appeals Hearing officer shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the decision below. ii) An appeal from a decision of the Planning and Zoning Commission shall be based on the record made below. 1) No new evidence shall be heard by the Hearing Officer unless such evidence was improperly excluded from consideration below. 2) The Hearing Officer shall review the decision based upon applicable standards and shall determine its correctness. 3) The Hearing Officer shall uphold the decision unless it is not supported by substantial evidence in the record or it violates a law, statute, or ordinance in effect when the decision was made. f) Burden of Proof The appellant has the burden of proving the decision appealed is incorrect. g) Action by the Hearing Officer The Hearing Officer shall render a written decision on the appeal. Such decision may reverse or affirm, wholly or in part, or may modify the administrative decision. The Hearing Officer shall have fourteen (14) calendar days to render a decision. A decision by the Hearing Officer shall become effective on the date the written decision is signed. h) Notification of Decision Notification of the decision of the Hearing Officer shall be mailed by USPS to all parties to the appeal within ten (10) days of the Hearing Officer's decision. i) Record of Proceedings The proceedings of each appeal Hearing shall be recorded on audio equipment. The audio recording of each appeal Hearing shall be kept in accordance with the records retention requirements of the State of Utah. Copies of the tapes of such Hearings may be provided, if requested, at the expense of the requesting party. j) Appeals Any person adversely affected by a final decision made by the Hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. k) Administrative Procedures The Planning and Zoning Commission shall adopt administrative procedures, consistent with the provisions of this section, for processing appeals, the conduct of an appeal Hearing, and for any other purpose considered necessary to properly consider an appeal. l) Stay of Decision The Hearing Officer may stay the issuance of any permits or approvals on the decision for thirty (30) days or until the decision of the district court in any appeal of the decision in accordance with State statute under UCA 10-20.