A. Purpose: This section sets forth the procedure for determining the existence, expansion, or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity.
B. Authority: The community development director shall determine all questions regarding a nonconforming use or lot, noncomplying structure, or other nonconformity, including, but not limited to, its existence, establishment, restoration, reconstruction, extension, alteration, expansion, substitution, or modification.
C. Initiation: A property owner may request a determination of any nonconformity affecting the owner's property as provided in this title. An agent of a property owner shall provide a notarized authorization.
D. Procedure: An application for a nonconformity determination shall be considered and processed as provided in this subsection.
1. Submission of an application for a nonconformity determination shall be as provided in chapter 13.03 of this title.
2. A record of each nonconformity determination shall be maintained in the community development department.
E. Approval Standard: A determination regarding the existence, expansion, or modification of a nonconforming use or lot, noncomplying structure, or other nonconformity shall be based on applicable provisions of chapter 13.88 of this title.
F. Appeal: Any person adversely affected by a final decision of the community development director regarding approval or denial of a nonconformity determination may appeal the decision to the planning commission as provided in chapter 13.05 of this title.
G. Effect Of Approval: An applicant may continue, expand, or modify a nonconforming use or lot, noncomplying structure, or other nonconformity as determined by the community development director, or on appeal, by the planning commission.
H. Expiration: A determination regarding a nonconformity shall not expire. (Ord. 2012-15, 9-20-2012)
A. Purpose: This section sets forth the procedure for review and approval of a variance to the provisions of this title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen application of the provisions of this title that create an unreasonable hardship.
B. Authority: The administrative appeals officer is authorized to hear and decide variances to the provisions of this title as provided in this section.
C. Initiation: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that the person or entity owns, leases, or holds some other beneficial interest may apply to the administrative appeals officer for a variance from the provisions of this title as provided in this section. An agent of a property owner shall provide a notarized authorization. (Ord. 2012-15, 9-20-2012)
D. Procedure: An application for variance shall be considered and processed as provided in this subsection.
1. Submission of an application for a variance shall be as provided in chapter 13.03 of this title.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the administrative appeals officer.
4. The administrative appeals officer shall hold a public hearing. The city shall send notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
5. After due consideration the administrative appeals officer shall approve, approve with mitigation measures, or deny the application.
E. Approval Standards:
1. The administrative appeals officer may grant a variance only if all of the following are met:
a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
b. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of this title is observed and substantial justice done.
2. a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection E1a of this section, the administrative appeals officer may not find an unreasonable hardship unless the alleged hardship:
(1) Is located on, or associated with, the property for which the variance is sought; and
(2) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
b. The administrative appeals officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
3. In determining whether or not there are special circumstances attached to the property under subsection E2a of this section, the administrative appeals officer may find that special circumstances exist only if the special circumstances:
a. Relate to the hardship complained of; and
b. Deprive the property of privileges granted to other properties in the same zone.
4. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
5. The administrative appeals officer may not grant a use variance.
6. In granting a variance, the administrative appeals officer may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
F. Effect Of Approval:
1. Variances run with the land.
2. The granting of a variance shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or any other title of this code.
G. Appeal: Any person adversely affected by a decision of the administrative appeals officer may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801, as amended. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)
A. Purpose: This section sets forth the procedure for appealing an administrative decision applying provisions of this title.
B. Authority: An appeal authority, as set forth in particular provisions of this title, shall hear and decide appeals from administrative decisions applying the provisions of this title.
C. Initiation: Any person or entity, adversely affected by an administrative decision regarding a land use application may appeal such decision to the appeal authority specified in the procedural provisions of this chapter associated with such application.
1. Only a final decision of a land use authority may be appealed.
2. 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 to an appeal authority.
3. An appeal may not be used to waive or modify the terms or requirements of this title. (Ord. 2012-15, 9-20-2012)
D. Procedure: An appeal of an administrative decision shall be considered and decided as provided in this subsection.
1. A complete appeal application shall be submitted to the community development director within ten (10) days of the decision which is appealed. If not submitted within ten (10) days, the appeal shall be barred.
2. The application shall be submitted in a form established by the community development director along with any fee established by the city's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the appellant and the appellant's agent, if any;
b. The decision being appealed; and
c. Grounds for the appeal.
3. After an application is determined to be complete, the community development director shall schedule a public meeting before the appeal authority as provided in this section. Notice of the public meeting shall be mailed to the appellant, the applicant/property owner and any other interested parties requesting notice of the proceedings. Prior to the meeting the community development director shall transmit to the appeal authority all papers constituting the record of the action which is appealed.
4. An appellant appealing an administrative decision of the city under this title may request a stay of all further proceedings concerning the matter which is the subject of the appeal. The request for stay shall be directed to the city manager, shall specify the proceedings which the appellant wishes to have stayed, and shall state the reasons for the request. The city manager may grant a stay if, in his/her judgement, the stay is necessary to preserve and protect the legal rights of the parties and the requested stay would not be contrary to the interests of the city. Any stay request granted by the city shall remain in effect until proceedings before the city have concluded.
5. A record of each administrative appeal shall be maintained in the community development department. (Ord. 2016-04, 4-14-2016)
E. Review Standard: An appeal authority shall review the record of decision and shall consider and decide the appeal in accordance with the standards of review set forth in section 13.06.050 of this title.
F. Appeal: Any person adversely affected by a final decision of an appeal authority may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801, as amended. (Ord. 2012-15, 9-20-2012)
A. Scope:
1. An applicant, a board, or officer of the city, or any person adversely affected by a land use authority's decision administering or interpreting this title may, within the time period provided by particular provisions of this title, appeal that decision to the appeal authority by alleging there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of this title.
2. An appeal authority shall conduct each appeal request as provided in this section.
B. Appealing A Land Use Authority's Decision:
1. An appeal authority shall determine the correctness of a decision by a land use authority in its interpretation and application of this title and shall give no deference to the land use authority.
2. An appeal authority:
a. Shall serve as the final arbiter of issues involving the interpretation or application of this title;
b. May not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority; and
c. May reverse or affirm, wholly or in part, or may remand the administrative decision to the land use authority from which the appeal was taken.
C. Multiperson Appeal Authority: In the case of a multiperson board, body, or panel which acts as an appeal authority, at a minimum the board, body, or panel shall:
1. Notify all members of any meeting or hearing of the board, body, or panel;
2. Provide all members with the same information and access to city resources;
3. Convene only if a quorum of its members is present; and
4. Act only upon the vote of a majority of its convened members, unless a greater number of majority votes is required by a particular provision of this title.
D. Consideration Of An Appeal:
1. Other than as provided in subsection D2 of this section, each administrative appeal review shall be de novo. The appeal authority shall review the matter appealed anew, based upon applicable procedures and standards for approval, and shall give no deference to the prior decision.
2. An appeal from a decision of the planning commission shall be based on the record.
a. No new evidence shall be heard by the city council unless such evidence was improperly excluded from consideration by the planning commission.
b. The city council shall review the decision based upon applicable standards and shall determine its correctness.
c. The city council shall uphold the planning commission's decision unless it is not supported by substantial evidence in the record or it violates a law, statute, or ordinance in effect when the decision was made.
3. If a provision of this title is determined by the appeal authority to be ambiguous the provision shall be construed in favor of the adversely affected person.
E. Duties Of Adversely Affected Persons:
1. As a condition precedent to judicial review, each adversely affected person shall timely and specifically challenge a land use authority's decision, in accordance with applicable provisions of this title.
2. An adversely affected person shall present to the appeal authority every theory of relief that the person can raise in district court.
3. An adversely affected person has the burden of proving that the land use authority erred.
F. Panel Of Experts For Appeals Of Geologic Hazard Decisions:
1. An applicant of a decision of a land use authority administering or interpreting the city's geologic hazard ordinance may request the city to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
2. If an applicant makes a request under subsection F1 of this section, the city shall assemble the panel described in subsection F1 of this section consisting of, unless otherwise agreed by the applicant and the city:
a. One expert designated by the city;
b. One expert designated by the applicant; and
c. One expert chosen jointly by the city's designated expert and the applicant's designated expert.
3. A member of the panel assembled by the city under subsection F2 of this section may not be associated with the application that is the subject of the appeal.
4. The applicant shall pay:
a. One-half (1/2) of the cost of the panel; and
b. The city's published appeal fee. (Ord. 2012-15, 9-20-2012)
A conditional use permit or a special exception may be revoked by the planning commission.
A. Grounds For Revocation: In addition to the grounds set forth in section 13.94.030 of this title, any of the following shall be grounds for revocation:
1. The use for which a permit or special exception was granted has ceased for one year or more;
2. The holder or user of a permit or special exception has failed to comply with the conditions of approval or any city, state, or federal law governing the conduct of the use;
3. The holder or user of the permit or special exception has failed to construct or maintain the site as required by an approved site plan; and
4. The operation of the use or the character of the site has been found to be a nuisance or a public nuisance by a court of competent jurisdiction in any civil or criminal proceeding.
B. Community Development Director: The community development director shall forward a recommendation to the planning commission, as to whether or not the permittee has failed to comply with the conditions precedent to the original approval of the conditional use or special exception or has otherwise violated any provision of this title occurring on the site for which the conditional use or special exception was approved.
C. Planning Commission:
1. Prior to taking action concerning revocation of a conditional use permit or special exception, a public meeting shall be held by the planning commission.
2. Notice of the meeting and the grounds for consideration of revocation shall be mailed to the permittee within twenty (20) days of the meeting. The permittee shall be given the opportunity to show cause why the conditional use permit or special exception should not be amended or revoked.
D. Other Legal Proceedings: Revocation of a conditional use permit or special exception shall not limit the city's ability to initiate or complete other legal proceedings against the holder or user of the permit. (Ord. 2012-15, 9-20-2012)
E. Appeal: The holder or user of a conditional use permit or special exception revoked by action of the planning commission may appeal the decision to the city council. The city shall send notice of the appeal. The city shall provide notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-04, 4-14-2016; amd. Ord. 2021-18, 8-5-2021)