A. The board of zoning adjustment shall have the power to hear and decide:
1. Appeals from zoning decisions applying the zoning ordinance, as provided in Utah Code Annotated section 10-9a-704, as amended;
2. Special exceptions to the terms of the zoning ordinance, when such authority is specifically granted by other provisions of this chapter or of this title; and
3. Variances from the term of the zoning ordinance, as provided in Utah Code Annotated section 10-9a-707, as amended, or its successor provision, except where the zoning ordinance gives express authority to grant a variance to another person or body.
B. In addition, the board shall have the following powers:
1. Where a zone boundary line divides a lot in single ownership at the time of the establishment of said boundary, permit a use authorized on either portion of such lot to extend not more than thirty five feet (35') beyond the zone boundary line. In reviewing such a request, the board shall consider that:
a. The expansion shall not adversely impact the adjacent developments;
b. The expansion shall not create adverse impacts to the neighborhood;
c. Any expansion of use be compatible with existing development in the zone to which the expansion occurs or that with adequate requirements can be;
d. The remaining lot, if any, can be developed according to the development standards of its designated zone.
Any condition established by the board of zoning adjustment as part of the approval of the request shall be considered as a minimum site development standard notwithstanding any other site development of the zone in which the development shall occur.
2. To permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but does have frontage on a dedicated right of way.
3. To permit the splitting of a lot wherein such lot split creates a lot which does not have the required width of the zone in which the lot is located; provided, the created nonconforming lot meets the area requirements of the zone and the structure placed on the lot meets all required site standards of the zone; and furthermore, that before building permits are issued for the nonconforming split lot, the lot split shall be reviewed and approved by the engineering advisory committee.
(Ord. 2015-21, 5-26-2015)
The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement or determination of any administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to affect any variation in such ordinance.
(1999 Code)
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