17.02.060 APPEAL A LAND USE AUTHORITY DECISION

A. The Appeal Authority for Land Use Authority actions is assigned as noted in the table below: TABLE 17.02.060 APPEAL A LAND USE AUTHORITY DECISION Acting Authority Director Planning Commission Land Use Hearing Officer Council Appeal Authority Land Use Hearing Officer Land Use Hearing Officer First District Court First District Court B. Land use decisions may be appealed: 1. By a person with standing that is adversely affected as a result of a Land Use Authority's decision by alleging that any order, requirement, decision, or determination of the Land Use Authority is arbitrary, capricious or illegal; and 2. Only if it is the final decision issued by the proper Land Use Authority. The appeal of decisions made by supporting staff must be reviewed by the Land Use Authority that issued the final decision; and 3. If commenced within ten (10) business days of the adverse order, requirement, decision, or determination by filing a written notice of appeal with the Cache County Development Services Department. The notice of appeal must identify the decision being appealed and parties making the appeal; and a. The appellant has the burden of showing the evidence and proving that the decision of the Land Use Authority is arbitrary, capricious (unsupported by the evidence or facts of record), or illegal; and C. When a notice of appeal is filed, notice must be given as required by this chapter. The Appeal Authority then hears that issue at the next regularly scheduled meeting for a hearing, unless such time is extended for good cause or stipulation of the parties; and D. The Appeal Authority may require written briefs or memorandum of the parties as the Appeal Authority deems necessary. At the hearing, the appellant must appear in person or by agent; and E. Using substantial evidence as the standard of review, the Appeal Authority determines the correctness of a decision of the Land Use Authority in its interpretation and application of a land use or subdivision ordinance. Only those decisions in which a Land Use Authority has applied a land use ordinance to a particular application, person, or parcel may be appealed; and F. 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; and G. Any person adversely affected by a final decision of the Appeal Authority may petition the First District Court for review of the decision as permitted by law. Such a petition is barred unless filed within thirty (30) days after the Appeal Authority's decision is final in compliance with Utah Code Annotated section 17-27a-801(2) as amended; and 1. The Appeal Authority may order its decision stayed pending District Court review if the Appeal Authority finds it to be in the best interest of the County.