Roosevelt City Zoning Code

A variance committee, as established by the Roosevelt City Council, shall administer and render determinations regarding variances of this Title in accordance with §10-9a-7 of Utah State Code (as amended). 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

HISTORY:

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

The Variance Committee shall consist of the Mayor or his/her appointed elected official, one other elected official, the City Manager or his/her appointee, and the City Public Works Director. The mayor or his/her appointed elected official shall be the variance committee chair.

1. The variance committee shall review and provide a determination on matters requiring a variance from established provisions of this code, meeting the criteria in Section R17.03.050, Variances, but shall not consider or hear appeals resulting from a decision of a city official, board, or the legislative body.
2. The variance committee chair shall keep a record of all committee meetings, its findings and its resulting decisions, all of which shall be filed in the office of the recorder and shall be a public record.
3. An applicant for a variance to the variance committee, or any other person adversely affected by a decision made by the variance committee, may appeal that decision to the City Council, Section R17.03.070.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that they own, leases, or in which they hold some other beneficial interest, may apply to the applicable appeal authority for a variance from the terms of the zoning ordinance.

1. The Variance Committee  may grant a variance only if:
2. 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; and
3. There are special circumstances attached to the property that do not generally apply to other properties in the same zone; and
4. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; and
5. The variance will not substantially affect the City’s General Plan and will not be contrary to the public interest; and
6. The spirit of the zoning ordinance is observed and substantial justice done.
7. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under this section, the Variance Committee may not find an unreasonable hardship if 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; and
10. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship, the appeal authority 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 section, the Variance Committee 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 conditions justifying a variance have been met.
15. Variances granted by the appeal authority shall run with the land.
16. The Variance Committee  may not grant a variance for land uses.
17. In granting a variance, the Variance Committee may impose additional requirements on the applicant that will mitigate any harmful effects of the variance; or serve the purpose of the standard or requirement that is waived or modified.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

HISTORY:

Ord. 2024-441, 12/3/2024

Unless stated elsewhere in this Title, the City Council shall be the Appeal Authority and shall hear and decide appeals from land use decisions applying the zoning ordinances and appeals from a fee charged in accordance with §10-9a-510 of Utah State Code (as amended).

1. The Appeal Authority shall act in a quasi-judicial manner and serve as the final arbiter of issues involving the interpretation or application of zoning ordinances. 
2. The Appeal Authority shall not entertain an appeal of a matter in which the appeal authority, or any participant member, had first acted as the land use authority.
3. An applicant who has requested to appeal a decision of the land use authority regarding the administration or interpretation of a geologic hazard ordinance or requirement may request the City assemble a panel of qualified experts to serve as the Appeal Authority for purposes of determining the technical aspects of the appeal. The process for assembling the panel and payment of associated fees shall follow the process outlined in §10-9a-703 of Utah State Code (as amended). 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

As outlined in §10-9a-7 of Utah State Code (as amended), an applicant, board or officer of the City, or an adversely affected party may appeal a decision made by a Land Use Authority to an appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the Land Use Authority in the administration or interpretation of the zoning ordinance. The following persons shall have the standing to appeal the final action of a Land Use Authority:

1. The owner of any property within three hundred (300) feet of the boundary of the subject site;
2. Any city official, board, or appointee having jurisdiction over the matter; and
3. The owner of the subject property.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Appeals must be filed with the City Recorder and must be 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. The appellant shall have the burden of proof that the Land Use Authority erred in its decision.  

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

All decisions which interpret or administer the zoning ordinance may be appealed to a the Appeal Authority within fourteen (14) days of final action by the Land Use Authority, by filing a notice of appeal with the City Recorder as outlined in R17.03.090. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-411 § 1: Ord. 2016-408 § 1: Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The City shall comply with the following standards for all appeals made to the Appeal Authority:

1. The City, in consultation with the appellant, shall set a date for the hearing of the appeal before the Appeal Authority;
2. The City shall notify the appellant and other relevant parties of the appeal date, time, and location;
3. The Appeal Authority shall consider the written appeal, final action of the land use authority and all other pertinent information submitted by the appellant or the Zoning Administrator or other relevant representative of the City;
4. The Appeal Authority may affirm, reverse, or affirm in part and reverse in part any properly appealed decision, or may remand the matter with directions for specific areas of review or clarification. The decision should be based on the correctness of the land use authority’s interpretation and application of the plain meaning of the zoning regulations and; interpretation and application of a zoning ordinance regulation to favor a land use application unless the zoning ordinance regulation plainly restricts the land use application. Appellate review is limited to consideration of only those matters raised in the written appeal and the City staff’s responses thereto;
5. The Appeal Authority shall prepare detailed written findings of fact which explain the body’s decision within thirty (30) business days of the appellate decision.

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The concurring vote of a majority of the appeal authority shall be necessary to reverse any order, requirement or determination of any such Land Use Authority, or to decide in favor of the appellant or any matter upon which is required to pass under this Title or to affect any variation in the provisions of this Title. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

In exercising the above-mentioned powers such Appeal Authority shall have all the powers of the Land Use Authority from whom the appeal is taken and shall enter their decision accordingly. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Within thirty (30) calendar days of final action on any decision, the City Council, on its own motion, may call up for review any final action taken by the Planning Commission. The City Recorder shall give prompt notice of the call up to the chairperson of the Planning Commission together with the date set by the City Council for consideration of the merits of the matter. In calling a matter up, the City Council may limit the scope of the hearing to certain issues. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Notice of all appeals or call ups shall be given by mailing a notice ten (10) days prior to the hearing to the applicant and all parties who requested mailed courtesy notice for the original action. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Upon call up or appeal, any approval granted by the Planning Commission as a Land Use Authority will be suspended until the Appeal Authority has taken final action and rendered its determination. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The applicant or any person aggrieved by the Appeal Authority’s final action may appeal to a court of competent jurisdiction as outlined in §10-9a-8 of Utah State Code (as amended). The decision of the Appeal Authority shall stand, and those affected by the decision may act in reliance on it unless and until a court enters an interlocutory or final order modifying or suspending the decision. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Final action occurs when the Appeal Authority has adopted and executed written findings of fact and conclusions of law on the matter in question. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The Appeal Authority shall adopt rules for the regulation of its procedures and the conduct of its duties not inconsistent with the provisions of this Title or State law. 

HISTORY:

(Ord. 2018-421 (part): Ord. 2011-366 § 1 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

To promote the protection of private property rights and to prevent the physical taking or exaction of private property without just compensation, the City Council and all commissions, boards, appointees and designees shall adhere to the following before authorizing the seizure or exaction of property:

1. Takings Review Procedure. Prior to any proposed action to exact or seize property, the City Attorney shall review the proposed action to determine if a constitutional taking requiring “just compensation” would occur. The City Attorney shall review all such matters pursuant to the guidelines established in subsection B of this section. Upon identifying a possible constitutional taking, the City Attorney shall, in confidential writing, protected by attorney-client relationship, inform the City Council, commission or board of the possible consequences of its actions. This opinion shall be advisory only. No liability shall be attributed to the City for failure to follow the recommendation of the City Attorney.
2. Takings Guidelines. The City Attorney shall review whether the action constitutes a constitutional taking under the Fifth or Fourteenth Amendments to the Constitution of the United States, or under the Utah Constitution. The City Attorney shall determine whether the proposed action bears an essential nexus to a legitimate governmental interest and whether the action is roughly proportionate and reasonably related to the legitimate governmental interest. The City Attorney shall also determine whether the action deprives the private property owner of all reasonable use of the property. These guidelines are advisory only and shall not expand or limit the scope of the City’s liability for a constitutional taking.
3. Appeal. Any owner of private property who believes that their property is proposed to be “taken” by an otherwise final action of the City may appeal the City’s decision to the takings appeal board within fourteen (14) days after the decision is made. The appeal must be filed in writing with the City Recorder. The takings appeal board shall hear and approve and remand or reject the appeal within fourteen (14) calendar days after the appeal is filed. The takings appeal board, with advice from the City Attorney, shall review the appeal pursuant to the guidelines in subsection B of this section. The decision of the takings appeal board shall be in writing and a copy given to the appellant and to the City Council, commission or board that took the initial action. The takings appeal board’s rejection of an appeal constitutes exhaustion of administrative remedies, rendering the matter suitable for appeal to a court of competent jurisdiction.
4. Takings Appeal Board. There is hereby created a takings appeal board. The mayor shall appoint three (3) members of the City Council to serve on the takings appeal board. If, at any time, three (3) members of the appeal authority cannot meet to satisfy the time requirements stated in subsection C of this section, the mayor shall appoint a member or sufficient members to fill the vacancies.

HISTORY:

(Ord. 2018-421 (part): Ord. 2017-411 § 2; Ord. 2016-408 § 2; Ord. 2011-366 § 1 (part): Ord. 2003-308. Formerly Ch. 16.48, Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024