Nephi City Zoning Code

In order to carry out the provisions of state law relating to planning and zoning, there is hereby created an appeal authority for the city. The city attorney is hereby appointed as the appeal authority.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Variances; Appeals: The appeal authority shall hear and decide:
2. Requests for variances from the terms of the land use ordinances; and
3. Appeals from decisions applying the land use ordinances.
4. Authority; Requirements: The appeal authority shall act in a quasi-judicial manner; serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and require an adversely affected party to present to an appeal authority every theory of relief that it can raise in district court.
5. Effect Of Decision: A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by ordinance. A written decision constitutes a final decision.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

1. Purpose: The purpose of the appeal procedure is to provide recourse in the event it is alleged that there is error in any order, requirement, certificate, decision or determination made by an administrative official or advisory body in the administration or enforcement of this title.
2. Persons Authorized To File Appeal: Appeals to the appeal authority may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer or agency; provided, however, that appeals from a decision of the legislative body shall be appealed directly to the district court.
3. Time Limit: Such appeal shall be taken within ten (10) days from the date of the action appealed from by filing with the officer from whom the appeal is taken, and with the appeal authority, a notice of appeal specifying the grounds thereof.
4. Records Transmitted: The officer from whom the appeal is taken shall forthwith transmit to the appeal authority all the papers constituting the record upon which the action appealed from was taken.
5. Burden Of Proof On Appellant: The appellant shall have the burden of proof that an error was made by the officer from whom the appeal is taken.
6. Verification May Be Required: Any appellant may be required to verify an appeal before a notary public or other person authorized to administer oaths.
7. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom appeal is taken shall certify that a stay would, in his opinion, cause imminent peril to life and property.
8. Finding Of Error: The appeal authority shall find whether, in its opinion, error was made.
9. Decision: The appeal authority may, within the terms of this title, affirm, reverse or modify the action appealed as it deems just and equitable, and exercise all rights of any other officer or commission.
10. District Court Review: The city or any person aggrieved by any decision of the appeal authority may petition the district court for review; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the board 1 . 

Notes

1 UCA § 10-9a-801.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

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 applicable appeal authority for a variance from the terms of this title.

1. Conditions: The appeal authority may grant a variance only if the following conditions are found:
2. Literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
3. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
4. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
5. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
6. The spirit of this title is observed and substantial justice done.
7. Unreasonable Hardship:
8. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A1 of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
9.  Is located on or associated with the property for which the variance is sought; and
10. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
11. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A1 of this section, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
12. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A2 of this section, the appeal authority may find that special circumstances exist only if the special circumstances:
13. Relate to the hardship complained of; and
14. Deprive the property of privileges granted to other properties in the same district.
15. Conditions Met: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
16. Run With Land: Variances run with the land.
17. Use Variances Prohibited: The appeal authority and any other body may not grant use variances.
18. Imposition Of Additional Requirements: In granting a variance, the appeal authority 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.
21. Decision: In exercising the above powers, the board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

The city or any person aggrieved by any decision of the appeal authority may petition the district court for relief therefrom; provided a petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the authority 1 .

Notes

1 UCA § 10-9a-801.

HISTORY:

 Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021

Before any action on an application for an appeal or variance shall be undertaken, the appeal authority shall give the legislative body and planning commission at least ten (10) days' notice of any scheduled action by written notice to the city recorder and the administrator. The legislative body or planning commission shall have the opportunity to respond and comment on the application within the ten (10) days.

HISTORY:

Ord. 6-05-07, 6-6-2007; amd. Ord. 09-21-2021-A, 9-21-2021