Except as otherwise provided in this title, the administration hearing officer appointed pursuant to section 3-7-030 of this code is the land use appeal authority, as required by Utah Code Annotated section 10-20-11 et seq., as amended. Appeals shall proceed as provided in chapter 3-7 of this code. (Ord. 2009-08, 2-3-2009; amd. 2016 Code; Ord. 2023-65, 11-14-2023; Ord. 2025-52, 12-9-2025)

The appeal authority shall have the power and duty to hear and decide, through processes identified in chapter 3-7 of this code appeals from any order, requirement, determination or decision of the zoning administrator, city planner or planning commission. Such appeals may be made by any person with standing who is aggrieved, or by any officer, department, or board of the city which is affected by such order, requirement, decision or determination. (Ord. 2009-08, 2-3-2009; amd. Ord. 2023-65, 11-14-2023)

The zoning administrator may decide certain matters as designated by code, consistent with guidelines established by this chapter and state law. Pursuant to that authority, the zoning administrator may decide all cases which are routine in nature, uncontested and do not impact the character of the neighborhood; or are primarily brought about as a result of recent changes in this title which create a large number of nonconforming structures or uses. The specific types of decisions the zoning administrator is authorized to make shall include:

   A.   Setback Variances: Variances to setback requirements in which the proposed reduction is not more than twenty five percent (25%) of the normal required setback;

   B.   Parking Variances: Variances to parking requirements where a reduction in the number of parking spaces is not more than ten percent (10%) of the normal requirement;

   C.   Nonconforming Use Determination: Determination of a nonconforming use which can be verified by substantial evidence. "Substantial evidence", for the purpose of this section, shall mean official documents, such as written correspondence from a public body or agency, receipts, permits, tax notices or other property information which may establish the truth of the matter asserted by the applicant;

   D.   Additions, Alterations: Consider additions or alterations to existing buildings or structures which are nonconforming as to yard regulations, provided the addition follows the existing wall lines and does not increase the extent of the nonconformity;

   E.   Change In Status: Consider a change in status of a nonconforming use to a less intense use than that which exists;

   F.   Final Review And Approval: Final review and approval of plans where the appeal authority has required that a final plan be submitted, which includes all requirements imposed by the appeal authority as conditions of granting an approval.

A person aggrieved by a zoning administrator's decision under this section may file an appeal to the Appeal Authority by filing a written appeal with the city recorder within ten (10) business days from the date of the zoning administrator's decision. (Ord. 2009-08, 2-3-2009; Ord. 2023-65, 11-14-2023)

   A.   Determinations Of Nonconforming Buildings And Uses: All matters regarding the nonconforming use of buildings and land shall be determined by the administrative hearing officer, except as otherwise provided herein. Upon application, and conducting a hearing on the matter, the administrative hearing officer shall determine if the use or building is nonconforming in respect to the provisions of this title. The zoning administrator may determine routine and uncontested requests to verify nonconforming uses as provided in section 11-5-050 of this chapter.

   B.   Nonconforming Lots Of Record: The requirements of this title as to minimum lot area or lot width shall not be construed to prevent the development of any lot or parcel of land for a use allowed in the zone in which the lot or parcel is located; provided, that the property has access to a public street and is a legally divided lot, held in separate ownership, at the time such requirements became effective. The zoning administrator shall make a determination as to the nonconformity of such lots based on documentation submitted by the lot owner. Reduction in required yards for such lots shall require variances, which shall be requested and processed as outlined in this chapter.

   C.   Nonconforming Use Of Open Land: A nonconforming use of land lawfully existing on the effective date of this title may be continued, provided such nonconforming use shall not be expanded or extended into any other open land, except as provided herein. The administrative hearing officer, after holding a public hearing, may allow the expansion of a nonconforming use of land, provided such change is in harmony with the surrounding neighborhood and meets the intent of the master plan and this title. Reasonable conditions may be attached to the approval in order to ensure neighborhood compatibility. If said nonconforming use is discontinued for a continuous period of one year or more, the use shall be considered to be abandoned and any future use of such land shall conform to the provisions of the zone in which it is located.

   D.   Alteration Of Nonconforming Buildings And Structures: Buildings and structures which are determined to be nonconforming in respect to setbacks or height may be continued. Additions or structural alterations may be made to the extent that they are required by law. In addition, the administrative hearing officer, after conducting a hearing on the matter, may allow an enlargement or structural alteration, provided such change is in harmony with the surrounding neighborhood and meets the intent of the master plan and this title. Reasonable conditions may be attached to the approval in order to ensure neighborhood compatibility. If a nonconforming building or structure is removed or destroyed, every future use of the land on which the building or structure was located shall conform to the provisions of this title.

   E.   Nonconforming Use Of Structures And Buildings: The nonconforming use of any structure or building lawfully existing on the effective date of this title or amendment may be continued as provided in this chapter. A nonconforming use may be extended to include the entire floor area of the existing structure or building in which it was conducted at the time the use became nonconforming. If said nonconforming use is discontinued for a continuous period of one year or more, the use shall be considered abandoned and any future use of such structures and buildings shall conform to the provisions of the zone in which they are located.

   F.   Change In Status Of Nonconforming Use: A nonconforming use may be succeeded, upon approval by the zoning administrator, by a less intense and more restrictive nonconforming use of a more desirable nature. Such change must be effected within one year from the first day on which the previous use is discontinued. After a change to a less intensive use occurs, the use shall not change back to a more intensive use.

   G.   Reconstruction Of Nonconforming Building Or Structure Partially Destroyed:

      1.   A nonconforming building or structure, other than a dwelling of two (2) dwelling units or less, damaged or destroyed to the extent of not more than fifty percent (50%) of its reasonable replacement value at the time of its destruction by fire, explosion, other casualty, act of God or action of a public enemy, may be restored. Occupancy or use of such building or structure which existed at the time of such partial destruction may be continued subject to the provisions of this chapter.

      2.   A nonconforming dwelling of two (2) dwelling units or less which has been damaged or destroyed by fire, explosion, other casualty, act of God or action of a public enemy, may be restored or reconstructed to the same nonconforming building or structure as existed before such damage or destruction, provided there is no increase in any nonconformity. The city must issue a building permit for such restoration or reconstruction within one year of the damage or destruction, and construction shall be carried on without interruption.

   H.   Amortization Of Nonconforming Uses: The administrative hearing officer may provide for the timely modification or removal of a nonconforming use of land for open storage or signs deemed to be incompatible with the surrounding neighborhood. A reasonable period may be granted in which the nonconforming use shall be modified or removed to comply with the master plan and this title. (Ord. 2009-08, 2-3-2009; amd. Ord. 2023-65, 11-14-2023)

   A.   Authorized: The administrative hearing officer may authorize upon appeal, variance from the provisions of this title where it can be shown that due to special circumstances the literal enforcement of this title would result in undue hardship to the property owner. In granting a variance, the administrative hearing officer may affix any conditions it feels are necessary to carry out the intent of this title.

   B.   Variance Criteria: Unless otherwise provided in this title, the administrative hearing officer may grant a variance from the requirements of any provision of this title to the extent that such a grant shall be consistent with the limitations and requirements of section 10-20-11 of the Utah Code, as amended.

   C.   Hardship, as used herein, shall be distinguished from a mere inconvenience to the property owner or a desire to reduce financial costs. Personal, family or financial difficulties, loss of prospective profits or neighboring violations of the zoning code are not hardships justifying a variance.

   D.   Special circumstances that warrant a variance shall apply to a specific parcel of property and include such things as exceptional narrowness, shallowness or shape of the property; exceptional topographic conditions; or other extraordinary and exceptional situations or conditions.

   E.   Each case shall be considered only on its individual merits; a previous variance or examples of noncompliance by other prnperties shall not be deemed to set a precedent or require the granting of a variance in the case before the administrative hearing officer. (Ord. 2009-08, 2-3-2009; amd. Ord. 2023-65, 11-14-2023; Ord. 2025-52, 12-9-2025)