Effective 5/5/2021 10-9a-701. Appeal authority required — Condition precedent to judicial review — Appeal authority duties. (1) (a) Each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities. (b) An appeal authority described in Subsection (1)(a) shall hear and decide: (i) requests for variances from the terms of land […]
10-9a-702. Variances. (1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the […]
Effective 5/12/2020 10-9a-703. Appealing a land use authority’s decision — Panel of experts for appeals of geologic hazard decisions — Automatic appeal for certain decisions. (1) The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to the appeal authority […]
Effective 5/12/2020 10-9a-704. Time to appeal. (1) The municipality shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority. (2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant […]
10-9a-705. Burden of proof. The appellant has the burden of proving that the land use authority erred. Enacted by Chapter 254, 2005 General Session
10-9a-706. Due process. (1) Each appeal authority shall conduct each appeal and variance request as provided in local ordinance. (2) Each appeal authority shall respect the due process rights of each of the participants. Enacted by Chapter 254, 2005 General Session
Effective 5/14/2019 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 […]
Effective 3/24/2020 10-9a-708. Final decision. (1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance. (2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 10-9a-801(2)(a) or a final action under Subsection […]
