This Section hereby establishes an Appeal Authority within the incorporated areas of Hatch Town. The establishment of the Appeal Authority shall be in accordance with the policies and procedures as set forth in UCA 10-9a-701. (Ord. 2021-05, 10-20-2021)

   A.   Number of Members. The Planning Commission shall consist of three members and up to three alternate members appointed by the Town Council. Alternate members may fill the position of any absent or excused regular member and shall have all the duties and powers of regular members when filling in. Alternates who are not filling in for regular members may still participate in planning commission meetings, but may not vote.

   B.   Terms of Members. The terms of office for the members of the Planning Commission shall be two years. Members shall be permitted to be removed for cause upon written charges and after a public hearing before the Town Council, if such a hearing is requested. (Ord. 2021-05, 10-20-2021)

Members shall be appointed and approved by the Town Council. Members of the Appeal Authority shall be residents of Hatch Town. (Ord. 2021-05, 10-20-2021)

The Town Council may appoint members to fill any unexpired terms of any regular or alternate members who vacate their positions for any reason. Planning Commission members may be removed from their position for cause by the Town Council. "Cause" includes, but is not limited to, moving out of the Town limits, failing to attend Planning Commission meetings or committing any act inimical to public service. (Ord. 2021-05, 10-20-2021)

The members of the Appeal Authority shall serve without compensation except for the reimbursement of actual expenses incurred as approved by the Town Council. (Ord. 2021-05, 10-20-2021)

The Appeal Authority shall establish and adopt rules and procedures for its organization and transaction of business and shall keep a public record of its proceedings.

A secretary to assist the Appeal Authority shall be appointed by the Town Council. The secretary shall keep minutes of the Appeal Authority meetings for public record and conduct all correspondence, including the notification of decisions. The secretary shall certify records. The secretary shall prepare and submit the minutes of meetings to the Appeal Authority. (Ord. 2021-05, 10-20-2021)

Evidence shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present. If a majority vote cannot be obtained among the quorum, the item of business will be deferred until the next scheduled meeting of the Appeal Authority. (Ord. 2021-05, 10-20-2021)

The Hatch Town Appeal Authority shall have the following duties:

   A.   To hear and decide:

      1.   Requests for variances from the terms of land use ordinances;

      2.   Appeals from decisions applying land use ordinances; and

      3.   Appeals from a fee charged in accordance with UCA 10-9a-510.

   B.   Variance Review Criteria. The Appeal Authority shall be permitted to approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:

      1.   Limitations on the use of the property due to physical, topographical and geologic features.

      2.   The grant of the variance will not grant any special privilege to the property owner or the owner's authorized agent.

      3.   The applicant can demonstrate that without a variance there can be no reasonable use of the property.

      4.   The grant of the variance is not based solely on economic reasons.

      5.   The necessity for the variance was not created by the property owner or the owner's authorized agent.

      6.   The variance requested is the minimum variance necessary to allow reasonable use of the property.

      7.   The grant of the variance will not be injurious to the public health, safety or welfare.

      8.   The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties.

   C.   Subject to the adopted building codes and other Town ordinances, regulations for the enlargement of, addition to, or relocation of a nonconforming structure are as follows:

      1.   For a nonconforming use located in any residential zoning district, the enlargement, addition, or relocation shall either:

         a.   Comply with all the height, yard and area requirements for a single-family dwelling in the zone in which the non-conforming building is located; or

         b.   The proposed enlargement, addition or relocation will either:

            (1)   Improve the area by increasing the off-street parking; or

            (2)   Improve the general appearance, convenience or safety of the area.

      2.   For a non-conforming use located in any zone other than a residential zoning district, the enlargement, addition, or relocation shall comply with all height, yard, and area requirements for a main building, other than dwellings, in the zone in which it is located.

      3.   Before granting a permit for any enlargement, addition, or relocation as provided above, the Appeal Authority shall find in its public hearing that the proposed changes will not hinder or obstruct the attainment of the objectives listed in Section 10-1-2 of this Title more than the existing nonconforming use.

   D.   The Appeal Authority may allow those enlargements of, additions to, or relocation of buildings and structures, nonconforming as to yard, height or area regulations in those cases where an undue hardship will result to the owner of the land involved unless granted, and the attainment of the objectives listed in Section 10-1-2 of this title will not be hindered or obstructed, and provided the proposed enlargement, addition to or relocation will either:

      1.   Improve the area by increasing needed off-street parking; or

      2.   Improve the general appearance, convenience or safety of the area.

   E.   Where a zone boundary line divides a lot in single ownership at the time of the establishment of said boundary the Board may permit a use authorized on either portion of such lot to extend to the entire lot.

   F.   Permit a nonconforming use to be changed to another use allowed in the same or in a more restrictive zone than the one in which the non-conforming use would be allowed; provided that the Appeal Authority finds in its public hearing that such change will not hinder or obstruct the attainment of the objectives listed in Section 10-1-2 hereof more than does the existing nonconforming use.

   G.   Permit the construction and use of a dwelling upon a lot which does not have frontage on a dedicated right-of-way but does have frontage on a private street. (Ord. 2021-05, 10-20-2021)

   A.   General. Appeal of Town Council decisions shall be to the Appeal Authority. Appeals shall be in writing and shall be filed with the Town Clerk not more than thirty days after the decision by the Town Council. The Appeal Authority may affirm, modify or reverse the decision of the Town Council. Appeal review by the Appeal Authority shall be recorded in an open public meeting. Appeal Authority decisions will be final.

   B.   Notice of Hearing of Appeals Right of Appearance. The Appeal Authority shall schedule a reasonable time for the hearing of the appeals, after giving public notice thereof as well as due notice to the parties in interest and shall decide the same within a reasonable time. Any party may appear in person, by agent or by attorney.

   C.   Stay of Proceedings Pending Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Appeal Authority, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Appeal Authority or by the District Court, on application and notice and on due cause shown.

   D.   Judicial Review of Board's Decision - Time Limitation. Hatch Town or any person aggrieved by Adjustment may have and maintain a plenary action for relief in any court of competent jurisdiction; provided, a petition for such relief is presented to the court within thirty days after the filing of such decision with the Town Clerk.

   E.   Time Limitation on Variance. In the event the Appeal Authority does grant a variance in accordance with the provisions of this Chapter, alterations in accordance with the variance must be activated within six months after the date such variance is granted, or the variance becomes null and void. The time limit of the variance may be extended an additional six months by the Appeal Authority, only if the petitioner shows adequate cause to the Board that circumstances necessitate a time extension.

   F.   Filing Fee. Upon filing of any appeal or application to the Appeal Authority, the appellant or applicant shall pay the Town a fee prescribed by the Town Council in the appropriate Fee Resolution. The said fee shall be collected by the officer in whose office said appeal is filed and shall be deposited with the Town Clerk and credited to the general fund. No appeal or application shall be considered by the Appeal Authority unless such fee has been paid. (Ord. 2021- 05, 10-20-2021)