A. Legal Authority: The timely and specific appeal to the appeal authority described herein, and the exhaustion of administrative remedies, shall be conditions precedent to judicial review of any decision. The appeal authority or hearing officer is not a public body. Pursuant to Utah Code Ann.§ 17-27a-701, the county hereby establishes a hearing officer as the appeal authority to hear and decide final administrative decisions under Titles 9 and 10, and regarding:
1. Appeals from land use authority decisions applying land use ordinances;
2. Requests for variances from the terms of land use ordinances; and
3. Appeals from building department or building official decisions under Title 9, or a fee charged in accordance with Utah Code Ann.§ 17-27a-509.
B. For appeals related to single family, two-family, or townhouse developments, and the final review of a subdivision improvement plans (construction drawings), the appeal authority is the appeal panel following the procedures in 11-3-1(F), or the hearing officer following procedures in 10-2-1, et. seq., GR Appeal Deadline: The land use applicant, the owner, the county, or any person adversely affected by a final administrative decision may file a written notice of appeal with county community development department. An adversely affected party is defined pursuant to Utah Code Ann. § 17-27a-103. The written notice of appeal shall be filed within ten (10) calendar days of the final administrative decision, and accompanied by the required appeal fee. It shall be accompanied by all information specified in Title 10 Chapter 2. An appeal that is not timely will not be considered.
D. Jurisdiction: An appeal may be filed only by the land use applicant, the owner, the county, or an adversely affected party. An appeal filed by any other party will not be considered. The appeal proceedings are between the appellant and the appellee. The appeal proceedings are between the appellant and the appellee. Only parties to the appeal (or their legal representatives) may be heard in an appeal hearing. A hearing officer shall not hear or decide an appeal of a legislative decision of the Planning Commission or County Commission. The County Commission shall continue to act as the appeal authority where it is expressly required by county ordinance. (Ord. 2022-1205-O, 3-15-2022; amd. Ord. 2023-1231-O, 4-18-2023; Ord. 2024-1251-O, 2-25-2024)