11B-410 Standards for Review of Appeals

A. An applicant or any other person or entity adversely affected by a decision of a Land Use Authority administering a decision of any of the list of 11B-408 A-E, may appeal such decision to the Appeal Authority. An appeal must be made within thirty (30) days from the date of such thereof. When an appeal is taken from a decision the Recorder shall forthwith transmit to the Appeal Authority all papers, if any, constituting the record upon which the action appealed was taken from. B. An appeal filed in accordance with this section stays all proceedings in the appeal action, unless the officer from whom the appeal is taken certifies to the Appeal Authority that by reason of facts stated in the certificate the stay would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Appeal Authority or by the district court on application and notice and on due cause shown. C. The Appeal Authority shall fix the time for hearing any appeal no less than ten (10) working days and no more than fifteen (15) working of the date of filing such appeal with the Town Recorder and shall give public notice thereof in accordance with the Utah Open and Public Meetings Act, as well as notice to the parties in interest. D. Proceedings and hearings before the Appeal Authority shall be had pursuant to rules adopted by the Town and in conformance with general principles of due process. Any party in interest may appear at such hearing in person, by agent, or by an attorney of his/her choice. E. The person or entity making the appeal has the burden of proving that an error has been made. F. A person may not appeal, and the Appeal Authority may not consider, any zoning ordinance amendments. G. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.