The Kane County Appeal Authority is established to carry out the purposes of this chapter and Utah Code § 17-27a-701 et. seq. (Ord. O-2023-13, 11-28-2023)

The following definitions apply to this chapter:

   A.    Adversely affected party: as defined by Utah Code § 17-27a-103(2) as amended.

   B.   Land use applicant: as defined by Utah Code § 17-27a-103(33) as amended.

   C.   Land use decision: as defined by Utah Code § 17-27a-103(35) as amended

   D.   Hearing Officer: the person appointed under this chapter by the Kane County Commission to act as the Kane County Appeal Authority. (Ord. O-2023-13, 11-28-2023)

The Kane County Appeal Authority is comprised of a Hearing Officer appointed by the Kane County Commission for a term of five (5) years. The Kane County Appeal Authority shall be compensated by an amount established by the County Commission and may be compensated by contract after complying with the Kane County Procurement Code. The Hearing Officer may be removed for cause by unanimous vote of the Kane County Commission. The Kane County Commission may appoint a conflict or interim Hearing Officer on an as needed basis. (Ord. O-2023-13, 11-28-2023)

   A.   The Kane County Appeal Authority shall hear and decide:

      1.   Requests for variances from the terms of this title;

      2.   Appeals from land use decisions applying this title; and

      3.   Appeals from a land use fee charged in accordance with this title and Utah Code § 17-27a-509.

   B.   The Kane County Appeal Authority shall not have the power to waive or modify the terms or requirements of this title except as authorized through an application for a variance submitted under this chapter and in accordance with Utah Code. (Ord. O-2023-13, 11-28-2023)

   A.   Any person or entity desiring a waiver or modification of the requirement of this title as applied to a parcel of property that the person or entity owns, leases, or holds some other beneficial interest, may apply to the Kane County Appeal Authority for a variance from the terms of this title by submitting a form approved by the Land Use Authority Administrator and paying the fee established by the Kane County Commission.

   B.   The approval or denial of an application for a variance, and the scope of authority in granting a variance, is governed by Utah Code § 17-27a-702, as amended.

   C.   If the Kane County Appeal Authority grants a variance in accordance with the provisions of this chapter, construction, development, or commencement of the alterations in accordance with the variance must be initiated within six (6) months after the date the variance is granted or the variance becomes null and void. The time limit for initiation of the variance may be extended an additional six (6) months by the Appeal Authority, and then only if the petitioner shows good cause to the Appeal Authority that circumstances necessitate a time extension. (Ord. O-2023-13, 11-28-2023)

   A.   Notice of Appeal: A land use applicant, a board or officer of the county, or an adversely affected party may submit an appeal under this chapter by submitting a notice of appeal and paying the applicable fee to the Kane County Land Use Authority Administrator. The notice of appeal must include the following:

      1.   The name, address, phone number, and email address of each person or entity that is requesting an appeal.

      2.   A statement that identifies, with specificity, the land use decision being appealed;

      3.   A statement of the appellant's standing to appeal as a land use applicant, board or officer of the county, or an adversely affected party.

      4.   A statement of the underlying facts; and

      5.   A statement of the legal issues presented which must include every theory of relief that could be raised in district court.

   B.   Time to Appeal: A notice of appeal and the applicable fee must be submitted within ten (10) days of receiving actual or constructive notice of the relevant land use decision. The Land Use Authority Administrator may deny any notice of appeal that is not submitted timely. The Land Use Authority Administrator must submit a timely filed notice of appeal to the Hearing Officer as soon as practicable.

   C.   Appeal Procedure:

      1.   After receiving a notice of appeal from the Kane County Land Use Administrator, the Hearing Officer must hold a scheduling conference with the appellant and the Kane County Land Use Authority Administrator who may be represented by the County Attorney.

      2.   Other interested parties may join the appeal at the discretion of the Hearing Officer.

      3.   At the scheduling conference the Hearing Officer may schedule a full hearing on the issues addressed in the notice of appeal, may require written briefs or memoranda of the parties, or both as the Hearing Officer deems necessary.

      4.   The Hearing Officer has broad discretion in determining the process and procedure to resolve the issues raised in the notice of appeal. The Hearing Officer should use best efforts to resolve the appeal efficiently and quickly.

      5.   The Hearing Officer must use best efforts to issue a written decision on the appeal within fifteen (15) business days of the final hearing or submission of final briefs, whichever is later.

      6.   The written decision issued by the Hearing Officer is a final decision and takes effect on the date the written decision is issued.

   D.   Scope of Appeal:

      1.   Review of Factual Matters:

         a.   The Appeal Authority shall review factual matters on the record and must give deference to the land use authority's determination of factual matters unless an individual essential finding of fact clearly lacks substantial evidence.

         b.   If the appellant is a land use applicant, the Appeal Authority may not consider additional evidence outside the written decision and findings of facts of the written land use decision unless the land use applicant can show that the Land Use Authority unlawfully prevented the land use applicant from submitting the evidence as part of the application or application process.

         c.   If the appellant is an adversely affected party, the Appeal Authority may consider additional relevant evidence outside the written decision and record of the land use decision only if the Land Use Authority did not hold a public hearing on the underlying land use decision.

      2.   Review of Legal Matters: The Appeal Authority shall determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations.

      3.   Request for Stay of Decision Pending Appeal: The filing of the notice of appeal does not stay the land use decision of the land use authority. The appellant may request a stay of the land use decision to the Appeal Authority and the Appeal Authority may order a stay of the decision if the Appeal Authority finds the order to be in the best interest of Kane County.

      4.   The Appeal Authority may reverse in whole or in part, affirm in whole or in part, or may modify the applicable land use decision.

      5.   Judicial Review of Appeal Authority Decision: Judicial Review of any final decision from the Appeal Authority is governed by State Code. (Ord. O-2023-13, 11-28-2023)

   A.   Upon filing of any land use application under this title or any request for variance or an appeal under this chapter, the applicant or appellant shall pay to the County a fee or initial deposit as prescribed by the County Commission. No land use application under this title or appeal under this chapter shall be considered unless and until such fee has been paid.

   B.   Upon request by a land use applicant or appellant, the County shall comply with the requirements of Utah Code § 17-27a-509 regarding itemization and appropriateness of fees.

   C.   A land use applicant may appeal a fee in the same manner as appealing a land use decision under this chapter.

   D.   The Appeal Authority will determine whether a fee reflects only the reasonable estimated cost of:

      1.   Regulation;

      2.   Processing an application;

      3.   Issuing a permit; or

      4.   Delivering the service for which the applicant or owner paid the fee. (Ord. O-2023-13, 11-28-2023)