The position of land use hearing officer is created pursuant to the enabling authority granted by the County Land Use, Development, and Management Act, section 17-27a-701 of the Utah Code Annotated. The land use hearing officer shall replace in all respects the previous duties of the board of adjustment. Only one hearing officer shall consider and decide any matter properly presented for land use hearing officer review.

(Ord. No. 1758, § XVII, 9-24-2013)

A.

The land use hearing officer may administer oaths and compel the attendance of witnesses.

B.

All hearings before the land use hearing officer shall comply with the requirements of Chapter 4, Title 52, Utah Code, Open and Public Meetings.

1.

The land use hearing officer shall:

a.

Keep minutes of his or her proceedings; and

b.

Keep records of his or her examinations and other official actions.

2.

The land use hearing officer shall file his or her records in the office of the development services division. All such records are public records.

C.

Decisions of the land use hearing officer become effective at the meeting in which the decision is made, unless a different time is designated at the time the decision is made.

(Ord. No. 1758, § XVII, 9-24-2013)

The land use hearing officer shall:

A.

Act as the appeal authority for zoning decisions applying this title as provided in Section 19.92.050 and for conditional use decisions by a planning commission:

B.

Hear and decide the special exceptions to the terms of the zoning ordinance set forth in Section 19.92.060.

C.

Hear and decide variances from the terms of the zoning ordinance; and

D.

Hear and decide applications for the expansion or modification of nonconforming uses.

(Ord. No. 1758, § XVII, 9-24-2013)

A.

Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the land use hearing officer for a variance from the terms of the zoning ordinance.

B.

1.

The land use hearing officer may grant a variance only if:

a.

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;

b.

There are special circumstances attached to the property that do not generally apply to other properties in the same district;

c.

Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;

d.

The variance will not substantially affect the general plan and will not be contrary to the public interest; and

e.

The spirit of the zoning ordinance is observed and substantial justice done.

2.

a.

In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection (B)(1), the land use hearing officer may not find an unreasonable hardship unless the alleged hardship:

i.

Is located on or associated with the property for which the variance is sought; and

ii.

Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

b.

In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection (B)(1), the land use hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.

3.

In determining whether or not there are special circumstances attached to the property under subsection (B)(1), the land use hearing officer may find that special circumstances exist only if the special circumstances:

a.

Relate to the hardship complained of; and

b.

Deprive the property of privileges granted to other properties in the same district.

C.

The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

D.

Variances run with the land.

E.

The land use hearing officer may not grant use variances.

F.

In granting a variance, the land use hearing officer may impose additional requirements on the applicant that will:

1.

Mitigate any harmful effects of the variance; or

2.

Serve the purpose of the standard or requirement that is waived or modified.

(Ord. No. 1758, § XVII, 9-24-2013)

A.

1.

The applicant or any other person or entity adversely affected by a zoning decision administering or interpreting a zoning ordinance may appeal that decision by alleging that an order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance is arbitrary, capricious or illegal. Appeals of conditional use decisions rendered by a planning commission shall follow the review procedure outlined in Section 19.84.080 of this code.

2.

Any officer, department, board or bureau of a county affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the land use hearing officer.

B.

The person or entity making the appeal has the burden of marshalling the evidence and proving that the decision is arbitrary, capricious (unsupported by the evidence or facts of record), or illegal.

C.

1.

Only zoning decisions applying the ordinance and conditional use decisions by the planning commission may be appealed to the land use hearing officer.

2.

A person may not appeal, and the land use hearing officer may not consider, any zoning ordinance amendments.

D.

Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.

E.

An appeal to the land use hearing officer must be filed at the development services division of Salt Lake County within sixty days after the order, requirement decision or determination administering or interpreting the zoning ordinance is made in writing. The appeal shall set forth with specificity the reasons or grounds for the appeal.

F.

Appeals of planning commission conditional use decisions shall follow the procedures set forth in Section 19.84.080(B).

(Ord. No. 1758, § XVII, 9-24-2013)

The land use hearing officer may approve any of the following special exceptions to the zoning ordinance where he or she determines the exception is consistent with the purposes of the zoning ordinance and will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity:

A.

Where a zone boundary line divides a lot in single ownership at the time of the passage of the ordinance codified in this title, the land use hearing officer may permit a use authorized on either portion of such lot to extend not more than fifty feet into the other portion of the lot.

B.

The land use hearing officer may permit the enlargement of or addition to a noncomplying structure or a building or structure occupied by a nonconforming use.

C.

The land use hearing officer may permit the relocation on a lot of a noncomplying structure or a building or structure occupied by a nonconforming use; or the hearing officer may permit the reconstruction on a lot of a noncomplying structure or a building occupied by a nonconforming use.

(Ord. No. 1758, § XVII, 9-24-2013)