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Copperton City Zoning Code

CHAPTER 19

20 VARIANCE, EXCEPTIONS, AND APPEALS

19.20.010 Variances

  1. Initiation.
    1. A property owner or other person expressly authorized in writing by the property owner may apply for a variance for that property in those circumstances where the requirements of this Ordinance may create unnecessary hardship or practical difficulty as set forth in Subsection 19.20.010.D below and Utah Code § 10-9a-702.
    2. The Land Use Hearing Officer hears all applications for a variance.
  2. Procedure.
    1. All applications shall be filed with the Director in accordance with the requirements of Chapter 19.14.
    2. Approval by the Land Use Hearing Officer.
      1. The Land Use Hearing Officer shall consider a proposed variance in a public meeting.
      2. Based upon the evidence presented at the public meeting, the Land Use Hearing Officer shall make a decision on the variance, evaluating the application in accordance with the standards in Subsection 19.20.010.D below.
      3. The Land Use Hearing Officer may take action on applications for variances in the form of approval, modified approval, or denial.
  3. Conditions and Restrictions.
    1. When approving a variance, the Land Use Hearing Officer may impose such conditions and restrictions upon the location, construction, design and use of the property, as appropriate to mitigate impacts and protect the public interest and adjacent property in recognition of Subsection 19.20.010.D.5 (below). The terms of relief granted, including any conditions or restrictions, shall be specifically set forth in the approval.
    2. The Land Use Hearing Officer may grant a variance less than that requested when the record supports the applicant’s right to some relief, but not to the entire relief requested.
    3. Use variances are prohibited.
  4. Approval Standards. The Land Use Hearing Officer may grant a variance only if all of the following standards are met. The applicant shall bear the burden of proving that all the conditions justifying a variance have been met.
    1. Literal enforcement of this Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Ordinance. In determining whether enforcement of this Ordinance would cause unreasonable hardship, the Land Use Hearing Officer shall find all of the following:
      1. The alleged hardship is located on or associated with the property for which the variance is sought;
      2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and
      3. The alleged hardship is not self-imposed (including pre-existing conditions created by previous property owners) or economic.
    2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone. In determining that there are special circumstances attached to the property, the Land Use Hearing Officer must find that:
      1. The special circumstances relate to the alleged hardship; and
      2. The special circumstances deprive the property of privileges granted to other properties in the same zone.
    3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
    4. The variance will not substantially affect the policies of the General Plan and will not be contrary to the public interest.
    5. The purpose and intent of this Ordinance is observed, and substantial justice done.
  5. Appeals. Any person adversely affected by a variance decision of the Land Use Hearing Officer may appeal the decision to the 3rd District Court of Salt Lake County.
  6. Any variance granted shall run with the land.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.20.020 Special Exceptions

  1. Initiation and Authority.
    1. A property owner or other person expressly authorized in writing by the property owner may file for any special exception identified in Subsection B for that property.
    2. The Land Use Hearing Officer, Planning Commission, or Director, as appropriate, will take formal action on these requests.
  2. Procedure.
    1. Submittal of Application. All applications shall be filed in accordance with the requirements of Chapter 19.16.
    2. Special Exceptions Approved by the Land Use Hearing Officer.
      1. The Land Use Hearing Officer may consider approval of the following special exceptions:
        1. Where a zone boundary line divides a lot in single ownership, extension of a use allowed on either portion of the lot a maximum of 50 feet (50’) into the other portion of the lot.
        2. The enlargement of or addition to a noncomplying structure or a structure occupied by a nonconforming use.
        3. The relocation of a noncomplying structure or a nonconforming use to another portion of the lot.
        4. The reconstruction on a lot of a noncomplying structure or a structure occupied by a nonconforming use.
      2. The Land Use Hearing Officer shall consider a proposed special exception in a public meeting.
      3. During or after the close of the public meeting, the Land Use Hearing Officer may take action in the form of approval, modified approval or denial.
      4. Based upon the evidence presented at the meeting, the Land Use Hearing Officer shall evaluate the application to determine that the exception is consistent with the purposes of this Ordinance and will not be detrimental to the health, safety or general welfare of persons residing or working, or injurious to property in the vicinity
    3. Special Exceptions Approved by the Planning Commission.
      1. The Planning Commission may consider approval of the following special exceptions:
        1. An exception to allow the continuation of an existing use that is in violation of the provisions of this Ordinance, pursuant to section 19.20.050; and/or
        2. Exceptions as set forth in the Foothills and Canyons Overlay Zone, Chapter 19.60.
      2. The Planning Commission shall consider a proposed special exception in a public meeting.
      3. Having heard the matter at a public meeting, the Planning Commission may take action in the form of approval, modified approval or denial of applications for a special exception.
    4. Special Exceptions Approved by the Director. Whenever a structure is in violation of the height or yard provisions of this Ordinance, the owner may file an application with the Director to have the structure declared noncomplying.
  3. Conditions. The Land Use Hearing Officer or Planning Commission may impose such conditions and restrictions upon the location, construction, design or use of the property, as necessary or appropriate to protect the public interest and adjacent property.
  4. Appeals.
    1. Any person adversely affected by a decision of the Director or the Planning Commission regarding a special exception may appeal that decision to the Land Use Hearing Officer.
    2. Any person adversely affected by a decision of the Land Use Hearing Officer regarding a special exception may appeal that decision to the 3rd District Court of Salt Lake County.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.20.030 Administrative Appeals

  1. Initiation.
    1. Any person adversely affected by a decision made by the Director, Planning Commission or Council in administering or interpreting this Ordinance, may appeal such decision as an “administrative appeal”. An administrative appeal shall be filed in writing within ten (10) days of the decision, alleging specifically how such action is arbitrary, capricious or illegal.
    2. The Land Use Hearing Officer shall hear all appeals of such decisions by the Director, Planning Commission, or Council administering or interpreting this Ordinance.
  2. Procedure.
    1. Zoning appeals shall be considered in a public meeting.
    2. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance unless those terms or requirements are applied in a manner that is arbitrary, capricious or illegal.
    3. The person filing the appeal has the burden of proving that the decision was arbitrary, capricious or illegal.
    4. If there is a record, the Land Use Hearing Officer’s review is limited to the record provided by the Director. The Land Use Hearing Officer shall not accept or consider any evidence outside the record unless that evidence was offered to and improperly excluded by the Council, the Planning Commission, or the Director. If there is no record, the Land Use Hearing Officer may call witnesses and take evidence.
    5. After review of the record and written and oral argument from both parties, the Land Use Hearing Officer shall render a decision.
    6. The Land Use Hearing Officer shall affirm the decision of the Council, the Planning Commission, or the Director, unless the Land Use Hearing Officer finds that decision was arbitrary, capricious or illegal.
    7. If the decision of the Council, the Planning Commission, or the Director is determined to be arbitrary, capricious or illegal, the Land Use Hearing Officer may reverse, alter or remand the decision to the original decision-making body for further review and consideration of the action taken.
  3. Stay of Proceedings. The filing of a zoning appeal does not automatically stay the decision. However, the Land Use Hearing Officer has the authority to stay the decision while the appeal is pending.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.20.040 Conditions Precedent To Judicial Review

  1. As provided by Utah Code § 10-9a-701(4), an adversely affected party of a land use decision shall present to the applicable appeal authority every theory of relief that it can raise in district court.
  2. Decisions regarding whether or not to amend the number, shape, boundaries, or area of any zoning district; any regulation of or within the zoning district; or any other provision of the development code may be appealed directly to the district court.
  3. An adversely affected party may not appeal to the district court a decision of the Planning Commission under Subsection 19.20.040.B. Only final decisions of the municipal Council regarding amendments to this Title or other provisions of the development code may be appealed to the district court.
  4. An adversely affected party shall have thirty (30) days to appeal a final decision of the municipal council under subsection 19.16.080 of this Title to the district court.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

19.20.050 Use Violation Declared Legal Through Special Exception

  1. Whenever land or a structure is used in violation of this Ordinance, the owner may file an application with the Planning Commission to have the use declared legal through special exception. The Planning Commission may approve the application only when the evidence establishes all of the following:
    1. The use exists on the property at the time of the application and has been in continuous violation of this Ordinance for a period exceeding ten (10) years. The applicant is responsible to produce evidence in support of this finding;
    2. No complaint has been made to Planning and Development Services concerning the violation for ten (10) consecutive years during which the violation existed; and
    3. Continuation of the use will not have a detrimental effect on the health, safety or welfare of persons or property in the vicinity.
  2. The Planning Commission may consider any relevant evidence, including but not limited to:
    1. Documents that are part of the public record, such as tax appraisals, utility records, aerial photographs, building permits, etc.;
    2. Documentation from third parties, such as affidavits, photographs, etc.; and
    3. Documentation from current or past property owners, such as tax records, rental/lease agreements, appraisal records, etc.
  3. In approving an application, the Planning Commission may set any conditions it deems necessary for protection of adjacent properties or the public welfare including provisions limiting the period of time the use may continue.
  4. Any person has the right to appeal a decision of the Planning Commission to the Land Use Hearing Officer. Appeals shall follow the appeal procedures set forth in this Ordinance.
  5. Land use violations not declared legal by the Planning Commission under this section are subject to the enforcement provisions of Chapter 19.08.
HISTORY
Repealed & Replaced by Ord. 2023-06-01 on 6/6/2023

2023-06-01