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Manti City Zoning Code

17.12 Board

Of Adjustment

17.12.010 Members-Appointment-Term And Removal-Vacancies

The appeal authority shall consist of one or more members to be appointed by the city council. Any member may be removed for cause by the appointing authority upon written charges and after public hearing. If such public hearing is requested, vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

17.12.020 Duties And Powers

  1. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this title or of any ordinance adopted pursuant thereto.
  2. To hear and decide special exceptions to the terms of this title upon which such appeal authority is required to pass under this title.
  3. To authorize upon appeal such variance from the terms of this title as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
    1. The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.
    2. Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same district.
    3. That because of such special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district.

17.12.030 Special Questions

  1. Where a zone boundary line divides a lot in a single ownership at the time of the passage of the ordinance codified in this title, the appeal authority may permit a use authorized on either portion of such lot to extend not more than fifty (50) feet into the other portion of the lot.
  2. The appeal authority may permit the building of a dwelling upon a lot which does not have frontage on a street.
  3. Where a parcel of land is at least one and one-half times as wide and one and one-half times as large in area as required for a lot in the zone, or one and one-quarter times as wide and one and one-quarter tines as large in area as required for two lots in the zone, the parcel may be divided into two lots or three lots respectively.

17.12.050 Decision On Appeal

In exercising the above-mentioned powers, such appeal authority may in conformity with the provisions of this title reverse or affirm, wholly or partly, or may modify the order, requirement, decision of determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.