Centerfield City Zoning Code

A Board of Adjustment is hereby established and shall consist of five (5) members appointed by the City Council for a term of five (5) years; provided, that the terms of the members of the first Board so appointed shall be such that the term of one (1) member shall expire each year. Any vacancy occurring on the Board by reason of death, resignation, removal or disqualification shall be promptly filled by the City Council for the unexpired term of such member.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

1. The Centerfield City Planning and Zoning Commission is hereby appointed as the appeal authority under §10-9a-701 of Utah State Code (as amended) to consider requests for variances and to grant or deny the same.
2. All other appeals from decisions applying land use ordinances shall continue to be heard by the Board of Adjustment.
3. Said appeal authorities shall adopt rules for the regulation of its procedure and conduct of its duties not inconsistent with the provisions of this Title or of state law.

HISTORY:

Amended 12/28/2023

1. Appeals: It shall be the duty of such Board to hear all appeals taken by any person aggrieved or by an officer, department, board or bureau of the City affected by any decision of the officer in charge of the administration of this Title. The Board may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirements, decision or refusal made in the enforcement of this Title.
2. Variances; Special Exceptions; Interpretation: In addition to any other powers given by state law or City ordinance, the Board, after proper notice and public hearing, shall have the following powers:
3. Variances: When by reason of exceptional narrowness, shallowness or shape of a specific piece of property on the effective date of this title, or by reason of exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of the provisions of this title would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner or owners of the property, the Board may authorize, upon appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Title.
4. Special Exceptions: The Board may permit a temporary building for commerce or industry or residential use, which building is incidental to a permitted use, such permit to be issued for a period of not more than one (1) year.
5. Interpretation:
6. The Board may interpret the zoning map.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended by Ord. 2011-3 on 8/17/2011

Amended 12/28/2023

1. In exercising the powers specified in section 10.30.020 of this Chapter, such Board may, in conformity with the law, reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.
2. Before any variance shall be granted, it shall be shown that there are special circumstances attached to the property covered by the application which do not generally apply to other properties in the same zone, that because of said special circumstances the property covered by the application is deprived of privileges possessed by other properties in the same zone and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.  It shall be shown that the granting of the variance will not substantially affect the general plan and will not be contrary to the public interest, the spirit of the land use ordinance is observed, and substantial justice done.
3. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.  The unreasonable hardship may not be self-imposed or economic.
4. In granting a variance the appeal authority may impose additional requirements on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.  Variances shall not be granted for uses, and if approved, shall run with the land. 

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023

The concurring vote of three (3) of the five (5) members of the Board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the applicant on any matter on which it is required to pass or to effect any such variation or special exception to this title.

HISTORY

Adopted by Ord. 9-08-75 on 12/15/1997

Amended 12/28/2023