Utah § 17-79-1001 Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

Utah Statutes

§ 17-79-1001 — Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

Utah·Title 17 Counties·Ch. 17-79 County Land Use, Development, and Management Act·Part 17-79-10 Appeal Authority, Variances, and District Court Review

(1)(1)(a) Each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.

(1)(b) An appeal authority 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 17-79-802.

(1)(c) An appeal authority 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

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(1) (1)(a) Each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.
(1)(b) An appeal authority 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 17-79-802.
(1)(c) An appeal authority 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 county may:
(4)(a) designate a separate appeal authority to hear requests for variances than the appeal authority the county 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) A county may not require a public hearing for a request for a variance or land use appeal.
(6) If the county establishes or, before May 2, 2005, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:
(6)(a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;
(6)(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;
(6)(c) convene only if a quorum of the members of the board, body, or panel is present; and
(6)(d) act only upon the vote of a majority of the convened members of the board, body, or panel.

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