5.11 Scope of Review of Factual Matters on Appeal
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Bear River City code is at https://www.bearrivercityutah.gov/city-ordinances/.
Text pulled 2026-10-19 from this source.
Partial copy: chapters 1, 2, 3, 7 (the zone districts) and 10 are scanned images on the city's site and are not included. Use the official code for those.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Bear River City planning before you rely on it.
Appeal Authority requirements.
5.11.1 Bear River City designates the scope of review of factual matters for appeals of land use authority decisions.
(a) Areview of the land use authority’s finding of facts and supporting documents and materials
(b) Areview of the appellant’s documents and materials showing cause for appeal.
5.11.2 If the scope of review of factual matters is on the record, the Appeal Authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
5.11.3 The Appeal Authority shall:
(a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
(b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
5.11.4 (a) (b)
An Appeal Authority's land use decision is a quasi-judicial act.
Alegislative body may act as an Appeal Authority unless both the legislative body and the appealing party agree to allow a third party to act as the Appeal Authority.
5.11.5 Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an Appeal Authority.