Utah Code 10-9a-701. Appeal authority required — Condition precedent to judicial review — Appeal authority duties
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Terms Used In Utah Code 10-9a-701
- Adversely affected party: means a person other than a land use applicant who:(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
- Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103- Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or(32)(b) a land use application. See Utah Code 10-9a-103- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :
(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Quorum: The number of legislators that must be present to do business.
(1)(a) Each municipality adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.(1)(b) An appeal authority described in Subsection (1)(a) shall hear and decide:(1)(b)(i) requests for variances from the terms of land use ordinances;(1)(b)(ii) appeals from land use decisions applying land use ordinances; and(1)(b)(iii) appeals from a fee charged in accordance with Section 10-9a-510.(1)(c) An appeal authority described in Subsection (1)(a) may not hear an appeal from the enactment of a land use regulation.(2) As a condition precedent to judicial review, each adversely affected party shall timely and specifically challenge a land use authority‘s land use decision, in accordance with local ordinance.(3) An appeal authority described in Subsection (1)(a):(3)(a) shall:(3)(a)(i) act in a quasi-judicial manner; and(3)(a)(ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and(3)(b) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.(4) By ordinance, a municipality may:(4)(a) designate a separate appeal authority to hear requests for variances than the appeal authority the municipality designates to hear appeals;(4)(b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;(4)(c) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court;(4)(d) not require a land use applicant or adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of an appealing party’s duty to exhaust administrative remedies; and(4)(e) provide that specified types of land use decisions may be appealed directly to the district court.(5) If the municipality establishes or, prior to the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:(5)(a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;(5)(b) provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;(5)(c) convene only if a quorum of the members of the board, body, or panel is present; and(5)(d) act only upon the vote of a majority of the convened members of the board, body, or panel.