Effective 5/14/2019
10-9a-707. Scope of review of factual matters on appeal — Appeal authority requirements.
10-9a-707. Scope of review of factual matters on appeal — Appeal authority requirements.
- (1) A municipality may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
- (2) If the municipality fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority’s determination of factual matters.
- (3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
- (4) The appeal authority shall:
- (a) determine the correctness of the land use authority’s interpretation and application of the plain meaning of the land use regulations; and
- (b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
- (5)
- (a) An appeal authority’s land use decision is a quasi-judicial act.
- (b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
- (6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.
Amended by Chapter 384, 2019 General Session