HomeMy Public PortalAboutORD-CC-2017-23ORDINANCE #2017-23
AN ORDINANCE TO AMEND CHAPTER 17.72 OF THE MOAB MUNICIPAL CODE TO AUTHORIZE A
HEARING OFFICER TO DECIDE LAND USE CODE APPEALS AND MODIFYING VARIOUS
APPEAL PROCEDURES
The following describe the intent and purpose of the City of Moab in the adoption of this
ordinance.
a. The City currently authorizes an Appeal Authority comprised of five persons to hear and decide
certain land use appeals under the Moab Municipal Code. Given the limited number of appeals and the
difficulty in filling volunteer positions generally, the City has had difficulty establishing an Appeal
Authority.
b. U.C.A. § 10-9a-701 authorizes municipalities to establish appeal authorities to hear and decide
matters interpreting land use ordinances.
c. The City finds that it is in the public interest to designate a person with the requisite skill and
knowledge of land use matters and the conduct of adjudicatory hearings to serve as a hearingofficer.
d. The City additionally finds that it will serve the public interest to provide a forum for the
adjudication of municipal land use matters that does not require court action.
e. Last, the City finds that it is appropriate to revisit the types of land use approvals which should
be subject to an appeal authority process, and this ordinance updates those determinations to provide
for efficient review.
NOW, THEREFORE, the City Council repeals Sections 17.72.100 through 170 and replaces same as
follows:
17.72.100 Matrix of Advisory, Land Use Authority, and Appeal Bodies.
A. The Appeal Authority is authorized to hear and decide the following appeals, which are
designated by the term AA in the column labelled Appeal Body. As used in this matrix, PC means
Planning Commission; CC means City Council; DC means District Court; BC means the Boundary
Commission; and NA means Not Applicable.
Application/Action
Advisory
Body
Land Use
Authority
Appeal Body
Required Public
Hearing
Zone Change
Planning
Commission
(PC)
City Council
(CC)
District Court
(DC)
Yes, PC
Land Use Map
Amendment or
Text Amendment
PC
CC
DC
Yes, PC
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General Plan
Amendment
CC
CC
DC
Yes, PC
Annexation
PC
CC
Boundary
Commission/DC
Yes, CC
Pre -Annexation
Agreement
NA
CC
DC
No
Conditional Use
PC
CC
DC
No
Site Plan
Tier I
NA
Staff
AA
No
Site Plan Tier II
Staff
PC
AA
No
Master Planned
Development Prelim.
MPD
PC
CC
AA
Yes, PC
Master Planned
Development Final
MPD
PC
CC
AA
No
Zoning Code
Interpretation
NA
Zoning
Administrator
AA
No
Non -Conforming
Use
NA
Zoning
Administrator
AA
No
Variances
Zoning
Administrator
AA
DC
No
Flood Plain Ordinance
NA
Zoning
Administrator
AA
No
Hillside Ordinance
PC
CC
AA
No
Planned Unit
Development
PC
CC
AA
Yes, PC
Subdivision, Less than
Five Lots
Staff
PC
AA
No
Subdivision, Five Lots
or More
PC
CC
AA
Yes, PC
Home Occupation
NA
Zoning
Administrator
AA
No
Accessory Use or
Structure
NA
Zoning
Administrator
AA
No
Secondary Dwelling
Unit
NA
Zoning
Administrator
AA
No
Geologic Hazard
Determination
Same as for
the Underlying
Application
Expert Panel
Per MMC
17.72.230
No
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B. In the event of any conflict between the designation of the applicable appeal authority in this
Section 100 and the terms of any other provision of the Moab Municipal Code, the terms of this Section
shall control.
C. Where the Appeal Authority is not designated as the appellate body, review shall be obtained by
filing an action in the District Court.
17.17.120 Hearing Officer to Serve as Appeal Authority.
A. The Appeal Authority shall be comprised of a single Hearing Officer appointed by the Mayor
with the advice and consent of the City Council. The person appointed to serve as the hearing officer
shall be a person with: a) knowledge of the Moab Municipal Code and zoning matters, generally; and b)
knowledge of adjudicatory hearing procedures and the due process rights of land use applicants and
other hearing participants.
B. The Hearing Officer shall be paid for services performed pursuant to a contract and at such rates
as shall be approved by the City Council. The Hearing Officer shall serve for a term of four (4) years from
the date of appointment.
17.72.130 Jurisdiction.
A. As a condition precedent to obtaining judicial review, each adversely affected party shall
challenge the decision of the applicable Land Use Authority by filing an appeal under this Chapter. The
Appeal Authority shall have jurisdiction to hear and decide only the following:
1. Appeals of decisions interpreting Chapter 17 (zoning), and Chapter 16 (subdivisions),
and Chapter 15.40 (flood plain matters) of the Moab Municipal Code (MMC) as shown in the appeal
matrix in § 17.72.100.
B. In any appeal where a party claims that the land use authority reached a decision in violation of
state or federal laws, as opposed to provisions of the Moab Municipal Code, the Appeal Authority shall
not have jurisdiction to decide the matter, and review shall be obtained before the District Court.
17.72.140 Notice of Appeal and Appeal Fee.
A. Any person adversely affected by a decision which is within the jurisdiction of the Appeal
Authority may appeal under this Chapter. An appeal shall be commenced by filing a written Notice of
Appeal and paying the applicable fee, as set by the Council from time to time. The City must receive the
Notice of Appeal and appeal fee no later than thirty (30) calendar days from the date of the decision by
the City which is the subject of the appeal.
B. An untimely appeal shall be dismissed with prejudice.
17.72.150 Conduct of Hearings.
A. All hearing shall be conducted in a quasi-judicial manner and be recorded. The Hearing Officer
shall conduct and control the hearing, administer oaths, and receive all evidence. Any interested party
may offer evidence in the form of live testimony or by providing documentary or other forms of
evidence. The Utah Rules of Evidence shall not apply; however the Hearing Officer has discretion to
exclude from consideration any evidence which is deemed to be immaterial, irrelevant, orunreliable.
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Additionally, the Hearing Officer has discretion to weigh the credibility and demeanor of witnesses who
provide testimony where the appeal centers on disputed issues of fact.
B. Hearings shall be scheduled with reasonable promptness, depending on the scope of the issues
subject to review. The Hearing Officer may enter pre -hearing orders with respect to discovery,
disclosure of witnesses and exhibits, or the like.
C. Any interested party may appear individually or be represented by an attorney.
D. The appealing party has the burden of proof to show that the decision or order of the City was
unlawful, arbitrary, or capricious.
E. All hearings shall be open to the public and notice of same shall be provided as otherwise
provided for other public meeting of City bodies.
F. The decision of the Appeal Authority shall be in writing, and shall contain findings of fact and
conclusions of law. The Appeal Authority may affirm the decision, in whole or in part; reverse the
decision, in whole or in part; or modify the decision as is warranted by the law and the evidence.
17.72.160 Stay of Decision.
A. The filing of an appeal under this Chapter does not stay the decision that is the subjectof the
appeal. To obtain a stay the appealing party must separately file a written request for stay with the
Appeal Authority, which must show that the appealing party will suffer irreparable harm if the stay is not
granted. The request for stay should be accompanied by the evidence, documents, or other information
the appellant relies upon in support of its request for stay.
17.72.170 Exhaustion of Administrative Remedies; District Court Review.
A. If a matter is within the jurisdiction of the Appeal Authority, the interested party must exhaust
all of its administrative remedies by seeking review and a decision by the Appeal Authority prior to
seeking review by the District Court. Every theory of relief predicated upon the interpretation of the
Moab Municipal Code must first have been presented to the Appeal Authority to be preserved for
review by the District Court.
B. A party wishing to appeal the final decision of the Appeal Authority must commence an action in
the District Court no later than thirty (30) calendar days from the date of the final written decision by
the Appeal Authority. A judicial action which is not commenced within that time shall be dismissed with
prejudice.
C. Review by the District Court shall be based solely on the record before the Appeal Authority.
The Appeal Authority shall promptly transmit the record of its proceedings, including the transcript of
the recorded hearing, all exhibits and other evidence, and all orders entered in the proceeding. The cost
of preparing the transcript shall be paid by the appellant prior to transmittal of the record to the District
Court.
D. In any district court proceeding under this Chapter the appealing party has the burden of proof
to show that the decision of the Appeal Authority was arbitrary, capricious, or illegal.
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PASSED AND APPROVED by a majority of the City of Moab City Council. This ordinance shall take effect
no later than twenty (20) days from the date of publication.
SIG Ep:
David L. Sakrison;-Mayor
AEST: ) a- -
Rachel Stenta, Re -Corder =
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Date