17.20.040 Appeal authority duties | West Point City Code

17.20.040 Appeal authority duties.

1. The mayor shall appoint the appeal authority with the advice and consent of the city council. The appeal authority shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.

2. The term of office shall be two years unless otherwise agreed upon in writing by both parties.

3. The appeal authority may be removed by the mayor for violation of this title or any policies and procedures adopted by the community development director following receipt by the mayor of a written complaint filed against the appeal authority. If requested by the appeal authority the mayor shall provide the appeal authority with a public hearing conducted by a hearing officer appointed by the mayor.

4. The mayor with the advice and consent of the city council shall fill any vacancy. The person appointed shall serve for the unexpired term of the member whose office is vacant.

5. The appeal authority shall receive compensation based on an agreement with the city manager.

B. Organization and Procedures. The community development director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, variances and requests for reasonable accommodations for persons with disabilities, the conduct for such hearings, and for any other purpose considered necessary to properly consider these applications.

C. Powers and Duties. The appeal authority shall hear and decide:

1. Appeals from zoning decisions applying the zoning ordinance.

2. Variances from the terms of the zoning ordinance.

3. Requests for reasonable accommodations for persons with a disability.

1. The applicant or any other person or entity adversely affected by a decision administering or interpreting the zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision, or determination made by an official in the administration or interpretation of the zoning ordinance.

2. Any officer, department, board, or bureau of the city 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 appeal authority.

3. Appeal applications shall be submitted to the community development department within 10 calendar days from the date the notice of decision was granted (see WPCC 17.20.010(B)).

4. The community development department shall send the appeal authority all material constituting the record of the action which is appealed.

5. The person or entity making the appeal has the burden of proving that an error has been made.

6. An appeal authority’s land use decision is a quasi-judicial act. The appeal authority shall find whether an error has been made. The board shall review the matter de novo, without deference to the land use authority’s determination of factual matters. The appeal authority may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission. The appeal authority shall:

a. Determine the correctness of the land use authority’s interpretation and application of the plain meaning of the land use regulations; and

b. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.

7. Only administrative zoning decisions applying the zoning ordinance may be appealed to the appeal authority. Appeals may not be used to waive or modify the terms or requirements of this title.

1. Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the appeal authority for a variance from the terms of this title.

2. The appeal authority may grant a variance only if all five of the following conditions are met:

a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;

b. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;

c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the same zone;

d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and

e. The spirit of this title is observed and substantial justice done.

3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(2)(a) of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (E)(2)(a) of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.

4. In determining whether or not there are special circumstances attached to the property under subsection (E)(2)(a) of this section, the appeal authority may find that special circumstances exist only if the special circumstances:

a. Relate to the hardship complained of; and

b. Deprive the property of privileges granted to other properties in the same zone.

5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

6. Variances run with the land.

7. The appeal authority and any other body may not grant use variances.

8. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:

a. Mitigate any harmful effects of the variance; or

b. Serve the purpose of the standard or requirement that is waived or modified.

1. Record of Final Decision. After hearing the evidence and considering the application, the appeal authority shall make its written findings and have them entered in the minutes.

2. Notice of Decision. Upon a decision by the appeal authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application.

G. Stay of Decision. The appeal authority may stay the issuance of any permits or approvals based on its decision for 30 days or until the decision of the district court in any appeal of the decision.

H. District Court Review. Any person adversely affected by any decision of the appeal authority may petition the district court for a review of the decision. (UCA Section 10-9a Part 8 et seq.) [Ord. 08-17-2021B § 2 (Exh. A)].