19.03.17 Rules for Hearing and Deciding Appeals

When the Hearing Examiner acts under his or her power to hear and decide appeals for authorized matters, the Hearing Examiner shall not grant the reversal or relief appealed for unless it finds that all of the following standards have been met: 1. The appellant has stated with specificity the nature of the alleged error and how the appellant has been adversely affected by such alleged error. 2. The fully-completed application for appeal was properly filed with the Hearing Examiner within 10 calendar days of the date the contested decision was issued in writing, not counting the day the written decision was issued; otherwise, the appeal shall be timebarred and shall not be heard. 3. The appellant must have been adversely affected by the subject decision applying the land use ordinance. 4. If the appellant fails to list any allegation of error to the Hearing Examiner or fails to list with sufficient specificity the contested action or decision, the appellant shall lose all rights to appeal to district court. 5. The decision being appealed must be a decision in applying and interpreting this Title, Chapter 10-20 of the Utah Code, or a land use ordinance of the City of Saratoga Springs. 6. If the Hearing Examiner grants the appellant’s request, the decision must be consistent with the provisions of the land use ordinance and not waive or modify any of the terms or requirements thereof. 7. The appellant has the burden of proving that an error was made and must clearly meet that burden based on the facts presented for the record; expressions of support, protest, or other public clamor shall not constitute the basis of approval or denial.