Sevier County Unincorporated
City Zoning Code
City Zoning Code
BOARD OF
ADJUSTMENT
§ 154.050 CREATED - REGULATIONS - MEETINGS.
(A) There is a Board of Adjustment of three members, to be known as the County Board of Adjustment. Each of the three members of the Board shall be a resident of the county. The members of the Board of Adjustment shall serve without compensation, except that the Board of County Commissioners shall provide for reimbursement of the members of the Board of Adjustment for actual expenses incurred, upon presentation of proper receipts and vouchers. Terms for the members of such a Board of Adjustment shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners upon written charges.
(B) Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The Board of County Commissioners may appoint alternate members, and in the event that any regular member is temporarily unable to act owing to absence from the county, illness, interest in a case before the Board or any other cause, his or her place may be taken during such temporary disability by an alternate member designated for the purpose.
(C) Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board, in its rules of procedure, may specify. The Chairperson, or, in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.051 ORGANIZATION - PROCEDURE.
The Board of Adjustment shall organize and elect a Chairperson. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and the Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its official actions, all of which shall be filed immediately in the office of the Board and shall be a public record. In each appeal, the Board shall qualify itself as an authority to act upon the matter and shall cite in the record the particular section or division of the zoning resolution from which such authority is derived. The Board shall not act upon matters not specifically delegated to it.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.052 APPEALS - POWER OF BOARD.
(A) Appeals to the Board of Adjustment may be taken within ten days of a decision by the land use authority by:
(1) An applicant or any other person or entity adversely affected by a decision, administering or interpreting the zoning ordinance may appeal that decision applying to the zoning ordinance by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance; and
(2) Any officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution.
(B) Upon appeals, the Board of Adjustment shall have the following powers established by the U.C.A. § 17-27a-707.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.053 VARIANCES.
(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 or they own, lease or in which they hold some other beneficial interest may apply to the Board of Adjustment for a variance from the terms of this chapter.
(B) The Board of Adjustment may grant a variance only if the application complies with the criteria outlined in state statute as found in U.C.A. § 17-27a-707:
(C) In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under this section, the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:
(1) Is located on or associated with the property for which the variance is sought; and
(2) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(D) In determining whether or not enforcement of this chapter would cause unreasonable hardship under this section, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.
(E) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(F) Variances run with the land, not with the land owner.
(G) The Board of Adjustment and any other body may not grant variances for different uses.
(H) Act in a quasi-judicial manner.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.054 NOTICE OF HEARING.
The Board of Adjustment shall have a set apart monthly meeting when necessary for the hearing of the appeal and shall give public notice to the adjoining property owners by mail at least 14 days prior to the date of hearing.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.055 DECISION.
The concurring vote of the majority of members of the Board shall be the decision of the Board of Adjustments regarding any provision that comes before it.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.056 APPEAL.
Any person aggrieved by any decision of the Board of Adjustment may have and maintain a complete action for relief in any court of competent jurisdiction; provided that petition for such relief is presented to the court within 45 days after the filing of such decision in the Office of the Board of Adjustment
(Ord. 2024-5-3, passed 5-13-2024)