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Henrieville City Zoning Code

COUNTY COMMISSION

§ 155.040 DUTIES AND POWERS.

   (A)   The County Commission shall, with respect to the unincorporated areas of the county:
      (1)   Exercise all legislative powers, have all legislative duties and perform all legislative functions of the county;
      (2)   Consider each land use application that the Planning Commission recommends; and
      (3)   Provide notice as required by UCA § 17-27a-2 and hold a public meeting to consider the Planning Commission’s recommendations.
   (B)   The County Commission may, with respect to the unincorporated areas of the county:
      (1)   Take any action required by law and necessary to the full discharge of its duties, even though the action is not expressly authorized by state statute;
      (2)   Approve a land use application as recommended by the Planning Commission;
      (3)   Approve a land use application with revisions;
      (4)   Deny the recommended land use application;
      (5)   Consider the Planning Commission’s failure to make a timely recommendation as a negative recommendation; and
      (6)   Require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the county, and are found consistent with the intent of this and other related ordinances.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)

§ 155.041 APPEALS.

   (A)   Any person with standing aggrieved by any decision of the County Commission shall have the right to make such appeals as provided by this chapter or state law. Such appeals shall be based on the record.
   (B)   County Commission decisions shall be final at the local level. County Commission decisions may be appealed beyond the local level by:
      (1)   Requesting arbitration and mediation through the Office of the Property Rights Ombudsman; and/or
      (2)   Filing a petition for review to the local State District Court.
   (C)   Appeals shall be in writing and shall be filed with the Clerk’s office not more than 30 days after the decision by the County Commission. The Property Rights Ombudsman and/or local State District Court may affirm, modify or reverse the decision of the County Commission. Appeal review shall be recorded in an open public meeting. The Property Rights Ombudsman's and/or local State District Court’s decision shall be final.
(Ord. 2021-10, passed 9-27-2021; Ord. 2022-1, passed 1-24-2022)