10.4 Appeal Authority
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Emery code is at https://emerytownutah.gov/ordinance-%26-resolutions.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Emery planning before you rely on it.
A. The Appeal Authority for Town decisions relating to this Chapter (e.g., approval or denial of a subdivision application), except where otherwise noted, is the Town Council. B. The Appeal Authority shall hear appeals on final decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this Chapter. C. A party appealing or complaining of a Land Use Authority’s decision under this Chapter must exhaust its remedies under this Section (by appealing or complaining to the Appeal Authority) before bringing an action against the Town in a court of law.
D. A party who has submitted a subdivision application or petition may appeal or complain to the Appeal Authority under this Chapter. In such an appeal or complaint, the party may appeal or complain only regarding the Land Use Authority’s treatment of that party’s own application; a third party may not appeal or complain of Land Use Authority decisions or conduct.
E. A party desiring to appeal or complain of a Land Use Authority decision shall submit to the Appeal Authority the following in writing:
1. A brief explanation of the relief the party is seeking, the reason the party submitted its application or petition, the Land Use Authority’s decision and treatment of the application or petition, and why the applicant believes the Land Use Authority misapplied the provisions of this Chapter or abused the discretion given it by this Chapter.
2. The most recent version of the application or petition the party submitted.
3. Any supplemental documentation or information that the Appeal Authority requests.
4. All appeals and complaints must be emailed or mailed to the Town Recorder using the Recorder’s official Town address and/or email account listed on the Town website.
5. After receiving a complete appeal or complaint in accordance with this Section, the Appeal Authority shall deliver a decision to the applicant, in writing, no later than 45 calendar days after the Appeal Authority receives the appeal or complaint.