A. Appeal To Planning Commission: Decisions of the zoning administrator in applying the provisions of this title may be appealed to the planning commission by filing an application and all supportive documentation within ten (10) days of the date of the zoning administrator's decision. The only persons with standing to appeal are the applicant, a board or officer of the county or an adversely affected party.
B. Notice, Hearing, Decision: Following receipt by the planning commission of an appeal of a decision by the zoning administrator, the planning commission shall give notice and schedule a public hearing. The appellant shall present all theories of relief to the planning commission, as failure to raise such theories at this stage of appeal precludes presentation of such theories at later stages. Following the hearing and the review of all relevant information, the planning commission shall render a decision on the appeal. (1998 Code § 17.32.010; amd. Ord. 19-373, 9-7-2019; Ord. 20-378, 8-24-2020)
8-16-2: BOARD OF ADJUSTMENT DECISIONS:
An adversely affected party aggrieved by a decision of the board of adjustment may, within thirty (30) days after the decision is made, present to the district court a petition specifying the nature of the appeal and the grounds on which they are adversely affected. (1998 Code § 17.32.020; amd. Ord. 20-378, 8-24-2020)
8-16-3: PLANNING COMMISSION DECISIONS:
Any person deemed to have standing by virtue of being the applicant, a board or officer of the county, or an adversely affected party, may file an appeal with the county commission within ten (10) days of the date of the decision specifying the nature of the appeal. Following receipt by the county commission of an appeal of a decision by the planning commission, the county commission shall give notice and schedule a de novo public hearing. The appellant shall present all theories of relief to the county commission as failure to raise such theories at this stage of appeal precludes presentation of such theories to district court. Following the hearing and the review of all relevant information, the county commission shall render a decision on the appeal. (1998 Code § 17.32.030; amd. Ord. 20-378, 8-24-2020)
8-16-4: JUDICIAL REVIEW:
A land use applicant or an adversely affected party may file an appeal to district court within thirty (30) days of the date of the decision pursuant to the provisions of Utah Code Annotated. No petition for judicial review may be filed unless and until the applicant or adversely affected party has exhausted all manner of relief and processes available with the county as are provided by this title. Pursuant to the Utah Code, the county may not require that a land use applicant or adversely affected party pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of the appealing party's duty to exhaust all administrative remedies. (1998 Code § 17.32.040; amd. Ord. 20-378, 8-24-2020)
8-16-5: OPTION TO SELECT THIRD PARTY APPEAL AUTHORITY:
The county commission shall act as the appeal authority to hear appeals of planning commission decisions unless both the county commission and the appellant agree to allow a third party to act as the appeal authority. (Ord. 19-373, 9-7-2019; Ord. 20-378, 8-24-2020)
Duchesne County Unincorporated City Zoning Code
CHAPTER 16
APPEALS
8-16-1: ZONING ADMINISTRATOR DECISIONS:
A. Appeal To Planning Commission: Decisions of the zoning administrator in applying the provisions of this title may be appealed to the planning commission by filing an application and all supportive documentation within ten (10) days of the date of the zoning administrator's decision. The only persons with standing to appeal are the applicant, a board or officer of the county or an adversely affected party.
B. Notice, Hearing, Decision: Following receipt by the planning commission of an appeal of a decision by the zoning administrator, the planning commission shall give notice and schedule a public hearing. The appellant shall present all theories of relief to the planning commission, as failure to raise such theories at this stage of appeal precludes presentation of such theories at later stages. Following the hearing and the review of all relevant information, the planning commission shall render a decision on the appeal. (1998 Code § 17.32.010; amd. Ord. 19-373, 9-7-2019; Ord. 20-378, 8-24-2020)
8-16-2: BOARD OF ADJUSTMENT DECISIONS:
An adversely affected party aggrieved by a decision of the board of adjustment may, within thirty (30) days after the decision is made, present to the district court a petition specifying the nature of the appeal and the grounds on which they are adversely affected. (1998 Code § 17.32.020; amd. Ord. 20-378, 8-24-2020)
8-16-3: PLANNING COMMISSION DECISIONS:
Any person deemed to have standing by virtue of being the applicant, a board or officer of the county, or an adversely affected party, may file an appeal with the county commission within ten (10) days of the date of the decision specifying the nature of the appeal. Following receipt by the county commission of an appeal of a decision by the planning commission, the county commission shall give notice and schedule a de novo public hearing. The appellant shall present all theories of relief to the county commission as failure to raise such theories at this stage of appeal precludes presentation of such theories to district court. Following the hearing and the review of all relevant information, the county commission shall render a decision on the appeal. (1998 Code § 17.32.030; amd. Ord. 20-378, 8-24-2020)
8-16-4: JUDICIAL REVIEW:
A land use applicant or an adversely affected party may file an appeal to district court within thirty (30) days of the date of the decision pursuant to the provisions of Utah Code Annotated. No petition for judicial review may be filed unless and until the applicant or adversely affected party has exhausted all manner of relief and processes available with the county as are provided by this title. Pursuant to the Utah Code, the county may not require that a land use applicant or adversely affected party pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of the appealing party's duty to exhaust all administrative remedies. (1998 Code § 17.32.040; amd. Ord. 20-378, 8-24-2020)
8-16-5: OPTION TO SELECT THIRD PARTY APPEAL AUTHORITY:
The county commission shall act as the appeal authority to hear appeals of planning commission decisions unless both the county commission and the appellant agree to allow a third party to act as the appeal authority. (Ord. 19-373, 9-7-2019; Ord. 20-378, 8-24-2020)