File an Appeal

Appeal Process

Before starting the appeal process, please consider:

Do you have legal standing, i.e. sufficient connection to, vicinity to, or impact from the action that you are appealing? You can only appeal a decision if you have legal standing.

• The criteria for who may appeal the decision is specified in Subsection 14-16-6-4(V)(2) Who May Appeal in the Integrated Development Ordinance (IDO).
• For additional information on appeals, see Table 6-1-1: Summary of Development Review Procedures and 14-16-6-4(V) Appeals.

Appeal Steps:

1. Only final decisions can be appealed. Once a decision is final (e.g. a zone change, conditional use, temporary use, etc.) an appeal needs to be filed within 15 calendar days (excluding holidays).
   
   
2. The appeal shall specifically state the section of the IDO, City regulation, or condition attached to a decision that has not been interpreted or applied correctly.
   
   
3. Once an appeal has been accepted as complete, staff prepares and transmits the record of the appeal to City Council.
   
   
4. The Land Use Hearing Officer (LUHO), who hears IDO appeals, then schedules a hearing on the matter within 30 calendar days of receipt and notifies the parties.
   
   
5. Appellants and parties to the appeal may submit written arguments to the LUHO through the City Council Clerk. Written arguments must be received by the Clerk of the City Council at least 10 calendar days prior to the hearing.
   
   
   • The LUHO may recommend that the City Council affirm, reverse, or otherwise modify the lower decisions to bring it into compliance with the applicable City regulations. If the LUHO determines that the matter should be remanded, the LUHO shall set forth the reason(s) for the remand and the matters to be reconsidered and may order such remand without approval by the City Council.
     
     
   • If the appeal is not directly remanded, the LUHO forwards the recommendation, findings, and transcription of the LUHO’s public hearing to the City Council within 15 calendar days after the appeal hearing.

6. At a public meeting, the City Council votes on whether to accept or reject LUHO’s recommendation.

Resources:

• Appeals of Land Use Decisions through City Council
• Appeals packets for LUHO
• Forms (See Form A)
• Land Use Appeals Information
• Legistar (City Council appeals)