Mantua City Zoning Code

1. There is hereby created an Appeal Authority to be known and designated as the Land Use Hearing Officer (LUHO) of the Town, which shall consist of a person or persons to be appointed and to hold office as set forth hereinafter. 
2. The LUHO shall be appointed by the Mayor with the advice and consent of the Town Council.
3. The LUHO may serve with or without compensation and the Town Council may fix compensation based on necessary and reasonable expenses of the LUHO.
4. The Town may contract with a qualified licensed professional(s) in the State of Utah for services established herein whenever the Town deems prudent or necessary by a majority vote of the Town Council. In such instances:
5. The LUHO(s) shall not be residents of the Town.
6. The LUHO(s) shall serve upon the terms and conditions of their contract negotiated with the Town.
7. The LUHO(s)’s contract may be terminated with or without cause as determined by their contract.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The LUHO shall:
2. Recommend to the Town Council and Planning Commission amendments to the General Plan, any elements thereof, as the LUHO considers necessary.
3. Recommend to the Town Council and Planning Commission amendments to any land use ordinance, including this ordinance, any amendments to any provision or requirements thereof, as the LUHO considers necessary.
4. Recommend to the Town Council and Planning Commission amendments to any official maps, all provisions and requirements thereof as the LUHO considers necessary.
5. Review and approve, approve with requirements, or deny all variance applications with a finding of an unreasonable hardship, as required by §10-9a of Utah State Code (as amended) and as provided herein.
6. Adopt policies and procedures for the consideration of applications and for any other purposes deemed necessary by the LUHO, provided that such policies and procedures shall be approved by the Town Council before taking effect.
7. No Authority.  The LUHO shall have no power, jurisdiction or authority to consider any of the following:
8. The hear amendments, waivers or modifications to any of the standards governing the approval of any General Plan amendment application or any land use ordinance amendment application.
9. To hear any amendments, waivers, or modifications to the General Plan, any element, provision, or map thereof or any provision or requirement of any land use ordinance, including this ordinance, any zoning district maps, and any other official maps.
10. To make any decisions or determinations that would have the effect of authorizing a use which is not identified in the Town’s zoning ordinance.
11. To hear or decide any matter or application not expressly identified herein.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The LUHO(s) may resign by letter to the Town. If the LUHO(s) fail to perform in a reasonable time period, the Town Council may remove the LUHO(s) for cause by a majority vote.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The LUHO(s) may hear three (3) classifications of applications as follows:

1. Variance Applications. Whenever any application or permit has been stayed or denied on the basis that approval of the requested permit or application would violate the provisions of this code relating to set back, building height, side yard, lot size, site requirements, parking requirements, or some similar provision of the code that has the effect of depriving the applicant of the reasonable use of their property, when others similarly situated are entitled to make such use of their property, the LUHO(s) may hear the matter, and grant a variance from the strict enforcement of this Code.
2. Determinations; Modifications Of Non-Conforming Uses And Non-Complying Structures. The LUHO(s) shall have the power to rule on all requests for enlargements, modifications, or changes in the character of any non-conforming use or non-complying structure, and to have hearings to determine whether the use or structure in question is in fact a non-conforming use or a non-complying structure, as opposed to a violation of the ordinance or an allowable use within the zone.
3. Appeals. The LUHO(s) shall hear and decide appeals where any party alleges that there is an error in any order, requirement, decision or determination made by the Land Use Authority in the enforcement of §10-9a of Utah State Code (as amended), or any ordinance adopted by the Town pursuant thereto.
4. An affected party shall have ten (10) calendar days to appeal to the LUHO a written decision issued by a Land Use Authority.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. Variances from the provisions of the Code may be granted by the LUHO(s) pursuant to §10-9a-702 of Utah State Code (as amended), whenever a strict or literal application of the provisions of this Code would create a hardship on the owner of the subject property that is unique to that property.
2. 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 they owns, leases, or in which they hold some other beneficial interest may apply for a variance from the terms of the ordinance.
3. The LUHO(s) may only grant a variance only if:
4. 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;
5. there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
6. granting the variance is essential to the enjoyment of a substantial property right possessed by other property(ies) in the same zone;
7. the variance will not substantially affect the General Plan and will not be contrary to the public interest; and
8. the spirit of the land use ordinance is observed and substantial justice done.
9. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this section, the LUHO(s) may not find an unreasonable hardship unless the alleged hardship:
10. is located on or associated with the property for which the variance is sought; and
11. comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
12. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under this section, the LUHOs) may not find an unreasonable hardship if the hardship is self-imposed or economic.
13. In determining whether or not there are special circumstances attached to the property under this section, the LUHO(s) may find that special circumstances existing only if the special circumstances:
14. relate to the hardship complained of; and
15. deprive the property of privileges granted to other properties in the same zone.
16. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
17. Variances shall run with the land.
18. In granting a variance, the LUHO(s) may impose additional requirements on the applicant that will:
19. mitigate any harmful effects of the variance; or
20. serve the purpose of the standard or requirement that is waived or modified.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. To request review by the LUHO of items outlined in this chapter an application(s) shall be filed with the Town Clerk, including the required fee(s) paid in advance within ten (10) calendar days of the written decision of a Land Use Authority.
2. Variances.  The application shall state the nature of the hardship and the nature of the variance requested. If the request for a variance is a result of a denial of any building permit or conditional use approval, the application shall so state, and all documents on file concerning the matter shall be forwarded to the LUHO for review as a part of the request. The applicant or the Town may present any information as might be reasonably required by the LUHO in evaluating the request.
3. Appeals.  Appeals shall be made by letter or petition, with the name, address, and telephone number of the petitioner; evidence that the petitioner has standing; and a comprehensive statement of the reasons for the appeal, including the specific provisions of law that are alleged to be violated by the action taken.
4. Non-Conforming Use Or Non-Complying Structure. Applications shall be made by letter or petition, with the name, address, and telephone number of the petitioner; evidence that the petitioner has standing; and a comprehensive statement of the reasons seeking determination of a non-conforming use or non-complying structure.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

1. The LUHO shall, upon receipt of application schedule a date for hearing on the matter. The hearing date shall be no less than fifteen (15) days, no more than thirty (30) days from the date of the application. Notice shall be given to adjoining land owners in the manner described in Chapter 1 of this Code.
2. The LUHO shall keep a record of all proceedings that shall be filed with the Town Recorder.  All such records shall be available for public review and access in accordance with Utah State Code (as amended).
3. At the hearing on any matter before the LUHO, any person aggrieved or interested in the matter may appear in person or through their attorney to testify on the matter. The applicant shall have the right to respond to testimony offered in opposition to the application.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

In exercising the above-mentioned powers the LUHO may, in conformity with the provisions of the Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or 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 official or board from whom the appeal is taken.  All decisions of the LUHO shall become effective when the decision is made unless a different date is designated by the LUHO.

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024

The Town or any person aggrieved by any decision of the LUHO may have and maintain a plenary action for relief therefrom in the District Court in Box Elder County provided petition for such relief is presented to the court within thirty (30) days after the filing of such LUHO’s written decision with the Town Recorder. Such request shall comply with the requirements of §10-9a-801 of Utah State Code (as amended).

HISTORY:

Version 12/1/2022 With Appendices

Ord 2024-10-17, 10/24/2024