§ 19.92.050. Appeals.

A.

1.

The applicant or any other person or entity adversely affected by a zoning decision administering or interpreting a zoning ordinance may appeal that decision by alleging that an order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance is arbitrary, capricious or illegal. Appeals of conditional use decisions rendered by a planning commission shall follow the review procedure outlined in Section 19.84.080 of this code.

2.

Any officer, department, board or bureau of a county affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the land use hearing officer.

B.

The person or entity making the appeal has the burden of marshalling the evidence and proving that the decision is arbitrary, capricious (unsupported by the evidence or facts of record), or illegal.

C.

1.

Only zoning decisions applying the ordinance and conditional use decisions by the planning commission may be appealed to the land use hearing officer.

2.

A person may not appeal, and the land use hearing officer may not consider, any zoning ordinance amendments.

D.

Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.

E.

An appeal to the land use hearing officer must be filed at the development services division of Salt Lake County within sixty days after the order, requirement decision or determination administering or interpreting the zoning ordinance is made in writing. The appeal shall set forth with specificity the reasons or grounds for the appeal.

F.

Appeals of planning commission conditional use decisions shall follow the procedures set forth in Section 19.84.080(B).

(Ord. No. 1758, § XVII, 9-24-2013)