Laketown City Zoning Code

An Appeal Authority is hereby established pursuant to Utah Code §10-9a-701 and may also be referred to as the Board of Adjustment. The Mayor shall with the advice and consent of the Town Council appoint one or more individuals or a law firm to act as the Appeal Authority. If a law firm is appointed as the Appeal Authority, any one Utah attorney in the law firm who is licensed and in good standing may act as the appeal authority as designated by the said law firm. The Appeal Authority shall be appointed for a period of three (3) years and may be removed by a majority vote of the Town Council at any time, and may serve until a replacement is appointed.

HISTORY:

Ord. A-1, 5-21-1981; amd. 2001 Code

Ord. 2022-06, Adopted 05/04/2022

The Appeal Authority shall hear and decide (i) requests for variances from the terms of land use ordinances; (ii) appeals from land use decisions applying land use ordinances; (iii) appeals from a fee charged in accordance with Utah Code §10-9a-510; and (iv) other matters specifically described in this title. The Appeal Authority may not hear an appeal from the enactment of a land use regulation.

HISTORY:

Ord. A-1, 5-21-1981

Ord. 2022-06, Adopted 05/04/2022

An applicant or petitioner bringing a matter before the Appeal Authority is responsible to pay to the Town: (i) the fee as established by the Town Council and set forth in the Laketown Consolidated Fee Schedule and (ii) Any fees and costs of the Appeal Authority that are in excess of the fee listed in the Laketown Consolidated Fee Schedule for preparation and hearing of the matter. The Appeal Fee shall be due at the time the matter is requested to be brought before the Appeal Authority, and the remaining will be billed afterwards.

HISTORY:

Ord. 2022-06, Adopted 05/04/2022

An applicant, a board or officer of the Town, or any person adversely affected by the land use authority's decision applying a land use ordinance may, within the time period provided in this Laketown Code A of this section, appeal that decision to the Appeal Authority by alleging there is error in any order, requirement, decision, or determination made by the land use authority in the decision applying the land use ordinance. When an appeal is taken from a decision of the land use authority, the Town Clerk shall immediately transmit to the Appeal Authority all papers, if any, constituting the record upon which the action appealed from was taken.

1. Time To Appeal; Filing Fee: Any appeal, pursuant to this section, must be filed in writing with the office of the Town Clerk within ten (10) calendar days of the issuance of the written decision applying the regulations listed in this Title. Upon the filing of any appeal with the Town Clerk, the appellant shall pay to the Town Clerk the fees as established by the Town Council and set forth in the Laketown Consolidated Fee Schedule. The Town Clerk shall transmit no papers or record to the Appeal Authority and the Appeal Authority shall not consider any appeal unless and until such fee has been paid.
2. Time For Hearing Appeal: The Appeal Authority should hear the appeal within sixty (60) days of the date the appeal was filed.
3. Written Statement Setting Forth Theories Of Relief Required: The appellant shall deliver to the Appeal Authority and all other participants, five (5) business days prior to the hearing, a written statement setting forth each and every theory of relief they intend to raise at the hearing, along with a brief statement of facts in support thereof.
4. Condition Precedent To Judicial Review: No person, Appeal Authority of officer of the Town may seek judicial review of any decision applying the land use 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 Appeal Authority.
5. Standard Of Review And Burden Of Proof On Appeal: The Appeal Authority shall, on appeal, presume that the decision applying the land use ordinance is valid and determine only whether or not the decision is arbitrary, capricious, or illegal. The burden of proof on appeal is one the appellant.
6. Due Process Rights: The Appeal Authority shall respect the due process rights of each participant. Any appellant may appear at any hearing or other proceeding before the Appeal Authority in person or by an attorney of his/her choice.
7. Stay On Appeal: An appeal filed in accordance with this section stays all proceedings in the appeal activity, unless the officer from whom the appeal is taken certifies to the Appeal Authority that by reason of facts stated in the certificate the say would in his/her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by retraining order which may be granted by the Appeal Authority or by the district court on application and notice and on due cause shown.
8. Conditional Use Permit Appeals: The Town Council shall continue to hear and decide appeals from the Planning Commission decisions regarding conditional use permits.
9. Direct Appeal To District Court: Notwithstanding the forgoing, decisions of the Town Council relative to adopting or amending the general plan or any other land use ordinance may only be appealed directly to the district court.
10. Decision Of Appeal: In exercising the above mentioned powers and authority, the Appeal Authority may affirm or reverse, wholly or in part, or may modify the order, requirement, decision or determination of a land use authority.

HISTORY:

Ord. 2022-06, Adopted 05/04/2022

Any person or entity desiring a waiver or modification of the requirements of a land use 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 administrative appeals hearing officer for a variance from the terms of the ordinance.

1. The administrative appeals haring 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 be substantially affect the general plan and will not be contrary to the public interest; and
6. The spirt of the land use ordinance is observed and substantial justice done.
7. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this Laketown Code A, the administrative appeals 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 land use ordinance would cause unreasonable hardship under this Laketown Code A, the administrative appeals 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 this Laketown Code A, the administrative appeals 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 administrative appeals hearing officer may not grant a use variance.
17. In granting a variance, the administrative appeals hearing officer may impose additional requirements on the applicant that will:
18. Mitigate any harmful effects of the variance; or
19. Serve the purpose of the standard or requirement that is waived or modified.

HISTORY:

Ord. 2022-06, Adopted 05/04/2022

The Appeal Authority may permit a temporary building for commerce or industry or residential use, which building is incidental to a permitted use, such permit to be issued for a period of not more than one year.

HISTORY:

Ord. 2022-06, Adopted 05/04/2022

1. The Appeal Authority may interpret the zoning map.
2. The Appeal Authority may hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made in the enforcement of this title.
3. The Appeal Authority may permit the enlargement of or addition to a nonconforming building or structure or a building or structure occupied by a nonconforming use.
4. The Appeal Authority may permit the relocation on a lot of a nonconforming building or structure or a building or structure occupied by a nonconforming use.
5. The Appeal Authority may reduce the amount of off-street parking required, where acquisition of land for such use would cause exceptional hardship.

HISTORY:

Ord. 2022-06, Adopted 05/04/2022