3-2 Appeals

Any person adversely affected by the land use authority's decision administering or interpreting a land use ordinance may, within the time period provided by this ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. The standard of review shall be limited to an examination of the underlying administrative record to determine only whether or not the decision issued by the land use authority was arbitrary, capricious or illegal. All appeals shall be made as follows: A. The appeal shall be made within 10 calendar days of the action or decision being appealed from by filing a completed written Notice of Appeal Form at the Kanab City Office during business hours. The applicant of the appeal shall pay a fee of $150 when the Notice of Appeal is filed. Notice of Appeal Forms are available at the Kanab City Office and on the City’s website. B. The action or decision being appealed is not required to be written in order to trigger the appeal time period. Instead, the day the action or decision happens is the same day that triggers the time period. However, if an appeal authority or judge determines Last updated 9/22/2015 that a written decision is required by state law, then the signing of the land use application or permit by the land use authority shall constitute the “written decision.” C. Within 10 calendar days following an applicant’s submission of a Notice of Appeal Form to the City as set forth in paragraph A above, the applicant shall file at the Kanab City Office a written document entitled “Summary of Grounds for Appeal.” The Summary of Grounds for Appeal shall specify the grounds for the appeal and circumstances related thereto, and shall allege that there was error in the order, requirement, decision, or determination made by an official or officials in the administration or interpretation of the land use ordinance; and, additionally, pursuant to Utah Code Annotated section 109a-701(4)(c) (as amended), the Summary of Grounds for Appeal shall set forth in detail to the Appeal Authority every theory of relief that the appellant could raise within a petition for review of the decision applying the land use ordinance to the district court. The Appellant may not subsequently raise any theory that is not in the Summary of Grounds for Appeal. D. If the City Manager determines that the Notice of Appeal or the Summary of Grounds for Appeal was not filed within the allotted time, or that the fee was not paid in time, then the City may reject such filing by sending written notice to the applicant. Such rejection ends the appeal unless overruled by the Appeal Authority as herein described. Such rejection constitutes a new land use decision which the appellant may then appeal, following the procedures above, including the payment of an additional $150 fee. The Appeal Authority would then only rule regarding the City’s decision to reject the appeal. If the Appeal Authority overrules the City’s decision to reject the appeal, then the original filing shall be accepted by the City, the additional $150 fee will be refunded, and the appeal shall move forward. E. The person or entity making the appeal shall have the burden of proving that an error has been made. F. If the City has determined that the appeal is timely, all papers constituting the record upon which the action appealed from was made shall be transmitted to the Appeal Authority, together with the Notice of Appeal and the Summary of Grounds for Appeal. G. The Appeal Authority shall set the appeal for hearing to be held within 21 days from the date the Appeal Authority receives the record, unless exigent circumstances require more time. Written notice of the date set for hearing the appeal shall be mailed to the applicant, being postmarked at least 10 days before the appeal hearing date. The written notice may be emailed instead, at least 7 days prior to the appeal hearing date, if the applicant agrees to such service. H. The filing of an appeal does not stay all proceedings and actions in furtherance of the matter appealed. A stay occurs only by a restraining order which may be granted by the Appeal Authority or by District Court on application, notice and due cause shown. If a stay is granted, it may be for all or only some of the proceedings and actions in Last updated 9/22/2015 furtherance of the matter appealed. I. The decision of the Appeal Authority shall be necessary to reverse any order, requirement, decision, or determination of any land use authority or to decide in favor of the appellant. J. Judicial review -- Exhaustion of administrative remedies. 1. Pursuant to Utah Code Annotated sections 10-9a-708 and 801(as amended) any person adversely affected by a final decision of the Appeal Authority may obtain judicial review of a final decision of the Appeal Authority by filing a petition for review with the district court. 2. A party may seek judicial review only after exhausting all administrative remedies available. 3. A party shall file a petition for judicial review of the decision within 30 calendar days after the date that the order constituting the final decision is issued or is considered to have been issued under Utah Code annotated 10-9a-708 (as amended). 4. The petition shall name the City, the Appeal Authority and all other appropriate parties as respondents including any interveners and shall meet the form requirements specified in the Utah Rules of Civil Procedure.