1. The purpose of this chapter is to:
   1. Establish the Land Use Authority for Cache County land use ordinance decisions; and
   2. Establish the Appeal Authority for Cache County land use ordinance variance and appeal decisions; and
   3. Provide direction for the process of land use review and appeal.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; Ord. 2023-13, 5-9-2023)

The Development Services Department shall adopt rules of procedure establishing the application and decision making process for required permits and approvals. These policies and procedures, including preparation of applications, must reflect the requirements of this code. Permitting fees must be approved by resolution by the County Council. The collected fees must be used to defray the costs of administering land use requests or appeals.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; amd. Ord. 2020-02, - -2020; Ord. 2023-13, 5-9-2023)

1. Director:
   1. The Cache County Director of Development Services is established and functions as specified in chapter 2.40 of this code and in this chapter;
   2. The Director must be appointed by the Cache County Executive, with the advice and consent of the County Council;
   3. The Director has the duties, authority, and powers as set forth in this chapter.
   4. The Director must:
      1. Adopt procedures for land use application processes;
      2. Administer and enforce the Land Use Ordinance, the Cache County Subdivision Ordinance, and any associated policies or procedures;
      3. Determine the mapped location of a base or overlay zoning district boundary in instances where the location may be unclear. The Director must consider the following criteria in reaching a decision:
         1. The policies and development standards that apply to the base or overlay zoning district; and
         2. Where a base or overlay zoning district map boundary is shown following a road, right-of-way line, interstate highway, public utility right-of-way, railroad line, a stream or watercourse, or a line located midway between the main track of a railroad, the base or overlay zoning district map boundary is deemed to be changed automatically whenever such centerline is changed by natural or artificial means; and
      4. Interpret the use related definitions in the applicable base or overlay zoning district as contained in chapter 17.09 Schedule of Zoning Uses, of this title; and
   5. Designee: The Director may assign a designee to act as the land use authority in the place of the Director. Any designee must be identified in writing by the Director prior to any land use decision by the designee.
2. Planning Commission:
   1. The Cache County Planning Commission is established as required by Utah Code Annotated section 17-27a-301, and has the duties, authority, and powers as found in Utah Code Annotated section 17-27a-302, as amended, and in this chapter; and
   2. The Executive must appoint a Planning Commission with the advice and majority consent of the Council; and
   3. The Planning Commission must be composed of seven (7) members. All members serve a term of three (3) years; and
   4. The Executive, with the advice and consent of the Council, may remove a member of the Planning Commission with or without cause; and
   5. No fewer than five (5) members of the Planning Commission shall either maintain a permanent residency or own real property in an unincorporated area of the County. The Executive shall, when nominating any person to the Planning Commission, verify whether or not that person meets these requirements and shall inform the Council when presenting the name.
   6. The Planning Commission must adopt bylaws and rules of procedure establishing membership, the duties of officers and their selection, and for other purposes considered necessary for the functioning of the Planning Commission. These bylaws and rules of procedure must be approved by the Council; and
   7. The Planning Commission must provide land use review to the Council in the following:
      1. Preparing and recommending a General Plan and amendments to the General Plan; and
      2. Recommending land use ordinances and maps, and amendments to land use ordinances and maps; and
      3. On other items as the Council directs.
3. Land Use Hearing Officer:
   1. Procedures:
      1. The land use hearing officer may administer oaths and compel the attendance of witnesses.
      2. All hearings before the land use hearing officer shall comply with the requirements of Chapter 4, Title 52, Utah Code, Open and Public Meetings.
      3. The land use hearing officer shall:
         1. Keep minutes of his or her proceedings; and
         2. Keep records of his or her examinations and other official actions.
      4. The land use hearing officer shall file his or her records in the office of the development services division. All such records are public records.
      5. Decisions of the land use hearing officer become effective at the meeting in which the decision is made, unless a different time is designated at the time the decision is made.
   2. Qualifications:
      1. The land use hearing officer shall be appointed by the County Executive with the advice and consent of the County Council. The Executive shall appoint more than one hearing officer, but only one hearing officer shall consider and decide upon any matter properly presented for hearing officer review.
      2. A hearing officer may serve a maximum of two (2) consecutive full terms of five (5) years each. The hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes.
   3. Conflict Of Interest And Removal:
      1. The hearing officer shall not participate in any appeal in which the hearing officer has a conflict of interest.
      2. The hearing officer may be removed by the Executive with advice and consent of the Council for violation of this title or any policies and procedures adopted by the Development Services director following receipt by the Executive of a written complaint filed against the hearing officer.
   4. Powers And Duties:
      1. The land use hearing officer shall:
         1. Act as the appeal authority for administrative decisions by the Development Services Director and decisions by the planning commission; and
         2. Hear and decide variances from the terms of the zoning ordinance; and
         3. Hear and decide applications for the expansion or modification of nonconforming uses.
4. County Council:
   1. The Cache County Council is established as found in Utah Code Annotated section 17-52a-504 as amended, and in title 2, chapter 2.12 of this Code, and has the land use duties, authority, and powers as represented in title 2, chapter 2.12 of this Code, Utah Code Annotated section 17-53 part 2 as amended, and this chapter.
5. Authority For Land Use Actions:
   1. The Land Use Authority is responsible for the land use actions as noted in the table below:
      

TABLE 17.02.030

AUTHORITY FOR LAND USE ACTIONS

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; amd. Ord. 2020-02, - -2020; Ord. 2023-13, 5-9-2023)

1. Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest must be filed with the Cache County Development Services Department for a variance from the terms of this title. The designated Appeal Authority may grant a variance if the requirements of Utah Code Annotated section 17-27a-702 as amended have been met; and
2. A request for a variance must:
   1. Be filed with Development Services Department; and
3. When a request for a variance is filed, notice is given as required by this chapter. The Appeal Authority hears that issue at the next regularly scheduled meeting, unless such time is extended for good cause or stipulation of the parties; and
4. The Appeal Authority must issue a decision in writing within fifteen (15) business days of the final hearing, which constitutes a final decision under Utah Code Annotated section 17-27a-8 as amended.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; Ord. 2023-13, 5-9-2023)

1. Administrative land use decisions of approval are effective for a period of one year from the date of Land Use Authority approval; and
2. The Director must issue a notice of expiration to the agent of a project no less than ninety (90) calendar days prior to the end of the effective period of approval; and
3. All final documents required to record a permit or subdivision must be submitted to the Development Services Office no less than four (4) weeks before the approval deadline; and
4. Any approval that has lapsed beyond its effective period is void and any new application must conform to the ordinance currently in effect; and
5. No refunds are issued for void applications or permits; and
6. At the discretion of the Land Use Authority, the effective period of approval may be extended for up to six (6) months beyond the one year period of the original approval. Within that extension no development or active use of the site is allowed until the permit or subdivision plat has been recorded and all conditions have been met.
   1. To request an extension an applicant must submit an application to the Development Services Office a minimum of six (6) weeks prior to the expiration of the original one year period of approval.
   2. Extension requests must be reviewed by the Land Use Authority. The Land Use Authority may approve an extension request only if:
      1. The reason for the extension is not economic.
      2. The applicant has shown a clear pattern of working to record the plat or permit throughout the entirety of the approval period.
   3. The applicant bears the burden of proving that the conditions justifying an extension have been met.
7. Where an appeal of an approval has been made, the effective period for the approval does not begin until a final decision has been issued by the Appeal Authority or Judge of the First District Court.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; amd. Ord. 2023-13, 5-9-2023)

1. The Appeal Authority for Land Use Authority actions is assigned as noted in the table below:
   
   TABLE 17.02.060
   
   APPEAL A LAND USE AUTHORITY DECISION
   
   

   Acting Authority	Appeal Authority
   Director	Land Use Hearing Officer
   Planning Commission	Land Use Hearing Officer
   Land Use Hearing Officer	First District Court
   Council	First District Court

   Appeals for Subdivision Improvement Plans and Final Subdivision Plats shall be reviewed by an appeal panel as detailed in Cache County Code 16.03.40 as amended.
   
2. Land use decisions may be appealed:
   1. By a person with standing that is adversely affected as a result of a Land Use Authority's decision by alleging that any order, requirement, decision, or determination of the Land Use Authority is arbitrary, capricious or illegal; and
   2. Only if it is the final decision issued by the proper Land Use Authority. The appeal of decisions made by supporting staff must be reviewed by the Land Use Authority that issued the final decision; and
   3. If commenced within ten (10) business days of the adverse order, requirement, decision, or determination by filing a written notice of appeal with the Cache County Development Services Department. The notice of appeal must identify the decision being appealed and parties making the appeal; and
      1. The appellant has the burden of showing the evidence and proving that the decision of the Land Use Authority is arbitrary, capricious (unsupported by the evidence or facts of record), or illegal; and
3. When a notice of appeal is filed, notice must be given as required by this chapter. The Appeal Authority then hears that issue at the next regularly scheduled meeting for a hearing, unless such time is extended for good cause or stipulation of the parties; and
4. The Appeal Authority may require written briefs or memorandum of the parties as the Appeal Authority deems necessary. At the hearing, the appellant must appear in person or by agent; and
5. Using substantial evidence as the standard of review, the Appeal Authority determines the correctness of a decision of the Land Use Authority in its interpretation and application of a land use or subdivision ordinance. Only those decisions in which a Land Use Authority has applied a land use ordinance to a particular application, person, or parcel may be appealed; and
6. The Appeal Authority must issue a decision in writing within fifteen (15) business days of the final hearing, which constitutes a final decision under Utah Code Annotated section 17-27a-8 as amended; and
7. Any person adversely affected by a final decision of the Appeal Authority may petition the First District Court for review of the decision as permitted by law. Such a petition is barred unless filed within thirty (30) days after the Appeal Authority's decision is final in compliance with Utah Code Annotated section 17-27a-801(2) as amended; and
   1. The Appeal Authority may order its decision stayed pending District Court review if the Appeal Authority finds it to be in the best interest of the County.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; Ord. 2023-13, 5-9-2023)

1. Notice for public meetings and public hearings must comply with the Open and Public Meetings Act, Utah Code Annotated chapter 52-4 and Utah Code Annotated section 17-27a-2 as amended. At the discretion of the Land Use Authority additional notice requirements may be applied; and
2. Notice of the time, place, and subject matter of a meeting must be given to the person making a request, the Land Use Authority or official, other affected parties as directed by law, and all adjoining property owners within a three hundred foot (300') radius of the boundary of the subject property.

(Ord. 2018-02, 3-27-2018, eff. 4-12-2018; Ord. 2023-13, 5-9-2023)