17.02.030 ESTABLISHING LAND USE AUTHORITY DUTIES, AUTHORITIES, AND POWERS

A. Director: 1. The Cache County Director of Development Services is established and functions as specified inchapter 2.40 of this code and in this chapter; 2. The Director must be appointed by the Cache County Executive, with the advice and consent of the County Council; 3. The Director has the duties, authority, and powers as set forth in this chapter. 4. The Director must: a. Adopt procedures for land use application processes; b. Administer and enforce the Land Use Ordinance, the Cache County Subdivision Ordinance, and any associated policies or procedures; c. Determine the mapped location of a base or overlay zoning district boundary in instances where the location may be unclear. The Director must consider the following criteria in reaching a decision: (1) The policies and development standards that apply to the base or overlay zoning district; and (2) Where a base or overlay zoning district map boundary is shown following a road, right-of-way line, interstate highway, public utility right-of-way, railroad line, a stream or watercourse, or a line located midway between the main track of a railroad, the base or overlay zoning district map boundary is deemed to be changed automatically whenever such centerline is changed by natural or artificial means; and d. Interpret the use related definitions in the applicable base or overlay zoning district as contained inchapter 17.09 Schedule of Zoning Uses, of this title; and 5. Designee: The Director may assign a designee to act as the land use authority in the place of the Director. Any designee must be identified in writing by the Director prior to any land use decision by the designee. B. Planning Commission: 1. The Cache County Planning Commission is established as required by Utah Code Annotated section 17-27a-301, and has the duties, authority, and powers as found in Utah Code Annotated section 17-27a-302, as amended, and in this chapter; and 2. The Executive must appoint a Planning Commission with the advice and majority consent of the Council; and 3. The Planning Commission must be composed of seven (7) members. All members serve a term of three (3) years; and 4. The Executive, with the advice and consent of the Council, may remove a member of the Planning Commission with or without cause; and 5. The Planning Commission must adopt bylaws and rules of procedure establishing membership, the duties of officers and their selection, and for other purposes considered necessary for the functioning of the Planning Commission. These bylaws and rules of procedure must be approved by the Council; and 6. The Planning Commission must provide land use review to the Council in the following: a. Preparing and recommending a General Plan and amendments to the General Plan; and b. Recommending land use ordinances and maps, and amendments to land use ordinances and maps; and c. On other items as the Council directs. C. Land Use Hearing Officer: 1. Procedures: a. The land use hearing officer may administer oaths and compel the attendance of witnesses. b. All hearings before the land use hearing officer shall comply with the requirements of Chapter 4, Title 52, Utah Code, Open and Public Meetings. c. The land use hearing officer shall: (1) Keep minutes of his or her proceedings; and (2) Keep records of his or her examinations and other official actions. d. The land use hearing officer shall file his or her records in the office of the development services division. All such records are public records. e. Decisions of the land use hearing officer become effective at the meeting in which the decision is made, unless a different time is designated at the time the decision is made. 2. Qualifications: a. The land use hearing officer shall be appointed by the County Executive with the advice and consent of the County Council. The Executive shall appoint more than one hearing officer, but only one hearing officer shall consider and decide upon any matter properly presented for hearing officer review. b. A hearing officer may serve a maximum of two (2) consecutive full terms of five (5) years each. The hearing officer shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes. 3. Conflict Of lnterest And Removal: a. The hearing officer shall not participate in any appeal in which the hearing officer has a conflict of interest. b. The hearing officer may be removed by the Executive with advice and consent of the Council for violation of this title or any policies and procedures adopted by the Development Services director following receipt by the Executive of a written complaint filed against the hearing officer. 4. Powers And Duties a. The land use hearing officer shall: (1) Act as the appeal authority for administrative decisions by the Development Services Director and decisions by the planning commission; and (2) Hear and decide variances from the terms of the zoning ordinance; and (3) Hear and decide applications for the expansion or modification of nonconforming uses. D. County Council: 1. The Cache County Council is established as found in Utah Code Annotated section 17-52a-504 as amended, and in title 2, chapter 2.12 of this Code, and has the land use duties, authority, and powers as represented in title 2, chapter 2.12 of this Code, Utah Code Annotated section 17-53 part 2 as amended, and this chapter. E. Authority For Land Use Actions: 1. The Land Use Authority is responsible for the land use actions as noted in the table below: TABLE 17.02.030 AUTHORITY FOR LAND USE ACTIONS Land Use Authority Director Planning Commission Land Use Hearing Officer Council Land Use Action Zoning clearance Floodplain permit Variance for maximum structure height or minimum setback distances Subdivision Subdivision amendment Conditional use permit Variance (except as listed under Director) Appeal Ordinance or ordinance amendment Rezone General Plan or General Plan amendment Annexation/disconnection 17.02.040: REQUEST A VARIANCE: A. Any person or entity desiring a waiver or modification of the requirements of the land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest must be filed with the Cache County Development Services Department for a variance from the terms of this title. The designated Appeal Authority may grant a variance if the requirements of Utah Code Annotated section 17-27a-702 as amended have been met; and B. A request for a variance must: 1. Be filed with Development Services Department; and C. When a request for a variance is filed, notice is given as required by this chapter. The Appeal Authority hears that issue at the next regularly scheduled meeting, unless such time is extended for good cause or stipulation of the parties; and D. The Appeal Authority must issue a decision in writing within fifteen (15) business days of the final hearing, which constitutes a final decision under Utah Code Annotated section 17-27a-8 as amended.