Hyde Park City Zoning Code

The authority to hear requests for variances from the terms of the zoning ordinances and appeals from decisions applying the zoning ordinances shall be vested in the Hyde Park City Administrative Appeals Hearing Officer referred to in this title as Hearing Officer.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2024-04 on 2/14/2024

The mayor shall appoint the Hearing Officer with the advice and consent of the City Council.  The Hearing Officer may serve until a replacement is appointed. 

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

An applicant, a board or officer of the City, or any person adversely affected by the land use authority’s decision applying any zoning ordinance may, within the time period provided in subsection (A) below, appeal that decision to the administrative appeals hearing officer by alleging there is error in any order, requirement, decision, or determination made by the land use authority in the decision applying the zoning ordinance.

1. Time to Appeal. Any appeal must be filed in writing with the City Recorder within (14) fourteen calendar days of the issuance of the written decision applying the zoning ordinance.
2. Time for Hearing Appeal. The Hearing Officer should hear the appeal within 30 (thirty) days of the date the appeal was filed.
3. Filing Fee. Upon filing of any appeal or application to the City Recorder, the appellant or applicant shall pay to the City a fee prescribed by the City Council. The Appeal Authority shall consider no appeal or application unless and until such fee has been paid.
4. Written Statement Setting Forth Theories of Relief Required. The appellant shall deliver to the Hearing Officer and all other participants, five business days prior to the hearing, a written statement setting forth each and every theory of relief he intends to raise at the hearing, along with a brief statement of facts in support thereof.
5. Condition Precedent to Judicial Review. No person, board or officer of the City may seek judicial review of any decision applying the zoning ordinance until after challenging the land use authority’s decision in accordance with this part. No theory of relief may be raised in the District Court unless it was timely and specifically presented to the Hearing Officer.
6. Standard of Review and Burdon of Proof on Appeal. The Hearing Officer shall, on appeal, presume that the decision applying the zoning ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is on the appellant.
7. Due Process Rights. The Hearing Officer shall respect the due process rights of each participant.
8. Direct Appeal to District Court. Notwithstanding the forgoing, decisions of the City Council relative to adopting or amending the general plan or any other land use ordinance may only be appealed directly to the district court.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Any person or entity desiring a waiver or modification of the requirements of a zoning ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Hearing Officer for a variance from the terms of the ordinance.

1. The Hearing Officer may grant a variance only if:
2. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
3. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
4. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
5. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
6. The spirit of the zoning ordinance is observed and substantial justice done.
7. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (D)(1), the Hearing Officer may not find an unreasonable hardship unless the alleged hardship:
8. Is located on or associated with the property for which the variance is sought; and
9. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
10. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection (D)(1), the Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
11. In determining whether or not there are special circumstances attached to the property under Subsection (A)(1), the Hearing Officer may find that special circumstances exist only if the special circumstances:
12. Relate to the hardship complained of; and
13. Deprive the property of privileges granted to other properties in the same zone.
14. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
15. Variances run with the land.
16. The appeal authority may not grant a use variance.
17. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
18. Mitigate any harmful affects of the variance; or
19. Serve the purpose of the standard or requirement that is waived or modified.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015