CHAPTER 3: - LAND USE AND APPEAL AUTHORITIES
Part of the Code of Ordinances of Honeyville, UT.
The text
11-3-1: - Purpose; designation of land use authority#
A.
The purpose of this Chapter is to set forth the Land Use and Appeal Authorities responsible for administering the provisions of this Title.
B.
Table 1 designates the Land Use Authority and Appeal Authority for subdivision approvals and appeals, respectively, within the City. The Land Use Authority shall apply the plain language of subdivision regulations. If a subdivision regulation does not plainly restrict a subdivision application, the Land Use Authority shall interpret and apply the subdivision regulation to favor the subdivision application.
C.
All appeals under this Title shall proceed under the authority of the Hearing Officer as described in 10-4-5 of the Land Use Title.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-3-2: - Land use authority#
A.
The Land Use Authority for preliminary subdivision applications is the Planning Commission. For purposes of subdivision applications, the Planning Commission shall be ultimately responsible for the following, but may delegate any task to the City Engineer, City Staff, Zoning Administrator, or members of the Planning Commission:
1.
Rendering land use decisions related to preliminary applications under this Chapter, including approving or denying preliminary applications.
2.
Reviewing all preliminary applications under this Chapter in an impartial manner and according to the standards and deadlines described in this Chapter. This task is delegated to the Zoning Administrator by default.
3.
Scheduling and holding a pre-application meeting with potential applicants as required by this Chapter. This task is delegated to the Zoning Administrator by default.
4.
Keeping subdivision application forms (both preliminary and final) and related informational material up to date and publicly accessible and distributing such forms and materials to potential applicants. This task is delegated to City Staff by default.
B.
The Land Use Authority for final subdivision applications is the Development Review Committee (DRC). The DRC shall comprise one member of the Planning Commission, the Zoning Administrator, the Public Works Director, and the City Engineer; the DRC shall meet on an as-needed basis and shall act upon the agreement of at least three members. The City Attorney may participate in DRC meetings or advise the DRC on an as-needed basis. For purposes of subdivision applications, the DRC shall be responsible for the following, but may delegate any task to the City Engineer, City Staff, or members of the DRC:
1.
Rendering land use decisions related to final applications under this Chapter, including approving or denying final applications.
2.
Reviewing all final applications under this Chapter in an impartial manner and according to the standards and deadlines described in this Chapter.
3.
Providing feedback to applicants on their final applications in the manner required by this Chapter.
4.
Providing notice to entities and parties as required by this Chapter.
5.
Signing final application approvals as required by this Chapter.
6.
Ensuring that documents are properly recorded with the County as required by this Chapter.
C.
As subdivision application decisions are administrative, not legislative, the Land Use Authority is authorized to make any land use decision described by this Chapter without City Council approval.
D.
Except when operating as the Appeal Authority, or amending a subdivision, the City Council shall not require the Land Use Authority to approve or deny an application under this Chapter.
(Adopted by Ord. 2025-01 on 6/19/2025)
11-3-3: - Appeal authority#
A.
The Appeal Authority for City decisions relating to this Chapter, except where otherwise noted, is the Hearing Officer.
B.
The Appeal Authority for City Council decisions relating to this Title, except where otherwise noted, is the District Court.
C.
The Appeal Authority shall hear appeals on final decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this Chapter.
D.
A party appealing or complaining of a Land Use Authority's decision under this Chapter must exhaust its remedies under this Section (by appealing or complaining to the Appeal Authority) before bringing an action against the City in a court of law.
E.
A party who has submitted a subdivision application or petition may appeal or complain to the Appeal Authority under this Chapter. In such an appeal or complaint, the party may appeal or complain only regarding the Land Use Authority's treatment of that party's own application; a third party may not appeal or complain of Land Use Authority decisions or conduct.
F.
A party desiring to appeal or complain of a Land Use Authority decision shall submit to the Appeal Authority the following in writing:
1.
A brief explanation of the relief the party is seeking, the reason the party submitted its application or petition, the Land Use Authority's decision and treatment of the application or petition, and why the applicant believes the Land Use Authority misapplied the provisions of this Chapter or abused the discretion given it by this Chapter.
2.
The most recent version of the application or petition the party submitted.
3.
Any supplemental documentation or information that the Appeal Authority requests.
4.
All appeals and complaints must be emailed or mailed to the City Clerk using the Clerk's official City address and/or email account listed on the City website.
G.
After receiving a complete appeal or complaint in accordance with this Section, the Appeal Authority shall deliver a decision to the applicant, in writing, no later than 30 calendar days after the Appeal Authority receives the appeal or complaint.
Type of Application Reviewing Body Recommending Body Land Use Authority Appeal Authority
Development Agreement DRC Planning Commission City Council District Court
Lot Line Adjustment City Staff N/A DRC Hearing Officer / District Court
Subdivision Amendment City Staff DRC Planning Commission Hearing Officer / District Court
Variance N/A N/A Hearing Officer District Court
All Other Uses
Pre-Application Meeting
(upon request) DRC N/A N/A N/A
Preliminary Plat City Staff DRC Planning Commission Hearing Officer / District Court
Final Plat City Staff N/A DRC Hearing Officer / District Court
(Adopted by Ord. 2025-01 on 6/19/2025)