Title 17 Chapter 27a Section 701

County Land Use, Development, and Management Act
Section 701
Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.


17-27a-701.   Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

            (1) Each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities to hear and decide:

            (a) requests for variances from the terms of the land use ordinances;

            (b) appeals from decisions applying the land use ordinances; and

            (c) appeals from a fee charged in accordance with Section 17-27a-509.

            (2) As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge a land use authority's decision, in accordance with local ordinance.

            (3) An appeal authority:

            (a) shall:

            (i) act in a quasi-judicial manner; and

            (ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and

            (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:

            (a) designate a separate appeal authority to hear requests for variances than the appeal authority it designates to hear appeals;

            (b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;

            (c) require an adversely affected party to present to an appeal authority every theory of relief that it can raise in district court;

            (d) not require an adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of the adversely affected party's duty to exhaust administrative remedies; and

            (e) provide that specified types of land use decisions may be appealed directly to the district court.

            (5) If the county 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:

            (a) notify each of its members of any meeting or hearing of the board, body, or panel;

            (b) provide each of its members with the same information and access to municipal resources as any other member;

            (c) convene only if a quorum of its members is present; and

            (d) act only upon the vote of a majority of its convened members.

Amended by Chapter 92, 2011 General Session