2-2-060 General Decision-Making Standards

The decision-making standards set forth in this section are based on the fundamental distinction between legislative and administrative proceedings: legislative proceedings establish public law and policy which is applicable generally, while administrative proceedings apply such law and policy to factually distinct, individual circumstances. A. Legislative Proceedings. 1. The following types of applications are hereby declared to be legislative proceedings: a. General Plan amendment; b. Zoning map amendment; c. Zoning text amendment; and d. Temporary regulations. 2. Decisions regarding a legislative application shall be based on the "reasonably debatable" standard, as follows: a. The decision-making authority shall determine what action, in its judgment, will reasonably promote the public interest, conserve the values of other properties, avoid incompatible development, encourage appropriate use and development, and promote the general welfare. b. In making such determination, the decision-making authority may consider the following: (1) Testimony presented at a public hearing or meeting; and (2) personal knowledge of various conditions and activities bearing on the issue at hand, including, but not limited to, the location of businesses, schools, roads and traffic conditions; growth in population and housing; the capacity of utilities; the zoning of surrounding property; and the effect that a particular proposal may have on such conditions and activities, the values of other properties, and upon the general orderly development of the County. c. The decision-making body should state on the record the basis for its decision. B. Administrative Proceedings. 1. The following types of applications are hereby declared to be administrative proceedings: a. Permitted use review; b. Conditional use permit; c. Site plan review; d. Variance; e. Building permit; f. Nonconformity; g. Sign permit; h. Subdivision review; i. Temporary use permit; j. Administrative interpretation; k. Appeal of administrative decision; l. Administrative conditional use permit; and m. Special event permit. 2. Decisions regarding an administrative application shall be based on the "substantial evidence" standard including at least the following: a. A statement of the standards for approval applicable to the application; b. A summary of evidence presented to the decision-making body or official; c. A statement of findings of fact or other factors considered, including the basis upon which such facts were determined and specific references to applicable standards set forth in this Code or other provisions of the Box Elder County Code; and d. A statement of approval, approval with conditions, or disapproval, as the case may be.