The authority to hear requests for variances from the terms of the land use ordinance and appeals from decisions applying the land use ordinances shall be vested in the Hyrum City Administrative Appeals Hearing Officer.

The mayor shall appoint the Administrative Appeals Hearing Officer, and Alternate as needed, with the advice and consent of the City Council. The Administrative Appeals Hearing Officer may serve until a replacement is appointed.

The mayor shall appoint the Administrative Appeals Hearing Officer, and Alternate as needed, with the advice and consent of the City Council. The Administrative Appeals Hearing Officer may serve until a replacement is appointed.

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

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

1. Any person adversely affected by any decision of the appeals authority may petition the district court for a review of the decision.
2. In the petition, the plaintiff may only allege that the appeals authority decision was arbitrary, capricious, or illegal.
3. The petition is barred unless it is filed within 30 days after the decision is final.
4. The time under C. to file a petition is tolled from the date a property owner files a request for arbitration of a constitutional taking issue with the private property ombudsman under Utah Code Annotated 63-34-13 until 30 days after:
   1. The arbitrator issues a final award; or
   2. The private property ombudsman issues a written statement under Utah Code Annotated 63-34-13(4)(b) declining to arbitrate or to appoint an arbitrator.
5. A tolling under Subsection D. operates only as to the specific constitutional taking issues that are the subject of the request for arbitration filed with the private property ombudsman by a property owner.
6. A request for arbitration filed with the private property ombudsman after the time under subsection C to file a petition has expired does not affect the time to file a petition.
7. The appeals authority shall transmit to the district court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
   1. If the proceeding was taped, a transcript of that tape recording is a true and correct transcript for purposes of this subsection.
8. If there is a record, the district courts review is limited to the record provided by the appeals authority.
9. The court may not accept or consider any evidence outside the appeals authority record unless that evidence was offered to the appeals authority and the court determines that it was improperly excluded by the appeals authority.
10. If there is no record, the court may call witnesses and take evidence.
11. The court shall affirm the decision of the appeals authority if the decision is supported by substantial evidence in the record.
12. The filing of a petition does not stay the decision of the appeals authority.
13. Before filing a petition under this section or a request for mediation or arbitration of a constitutional taking issue under Utah Code Annotated 63-34-13, the aggrieved party may petition the appeals authority to stay its decision.
14. Upon receipt of a petition to stay, the appeals authority may order its decision stayed pending district court review if the appeals authority finds it to be in the best interest of the City.
15. After a petition is filed under this section or a request for mediation or arbitration of a constitutional taking issue is filed under Utah Code Annotated 63-34-13, the petitioner may seek an injunction from the district court staying the appeals authority decision. (Ord. 08-19; Ord. 08- 13)