Chapter 17.20
BOARD OF ADJUSTMENT

Sections:

17.20.010    Establishment of board of adjustment.

17.20.020    Organization and procedures.

17.20.030    Powers and duties.

17.20.040    Appeals.

17.20.050    Special exceptions.

17.20.060    Variances.

17.20.070    District court review.

17.20.010 Establishment of board of adjustment.

A. The West Point City board of adjustment is hereby established. The board of adjustment shall consist of five members.

B. The mayor shall appoint the members of the board of adjustment with the advice and consent of the city council.

C. The term of office for each member shall be five years. One term of office shall expire on the thirty-first of December each and every year.

D. The mayor may remove any member of the board of adjustment for cause if written charges are filed against the member with the mayor. The mayor shall provide the member with a public hearing if he or she requests one.

E. The mayor with the advice and consent of the city council shall fill any vacancy. The person appointed shall serve for the unexpired term of the member whose office is vacant.

F. Members of the board of adjustment shall receive per diem compensation based on necessary and reasonable expenses and on meetings actually attended. [Code 2000 § 17-5-1].

17.20.020 Organization and procedures.

A. The board of adjustment shall organize and elect a chairperson and adopt rules that comply with this title.

B. The board of adjustment shall meet at the call of the chairperson and at any other times that the board of adjustment determines.

C. The chairperson, or in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses.

D. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and keep records of its examinations and other official actions. The board of adjustment may, but is not required to, have its proceedings contemporaneously transcribed by a court reporter or a tape recorder. The board of adjustment shall file its records in the office of the board of adjustment. All records in the office of the board of adjustment are public records.

E. The concurring vote of three members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of any administrative official or agency or to decide in favor of the appellant.

F. Decisions of the board of adjustment become effective at the meeting in which the decision is made, unless a different time is designated in the board’s rules or at the time the decision is made. [Code 2000 § 17-5-2].

17.20.030 Powers and duties.

The board of adjustment shall hear and decide:

A. Appeals from zoning decisions applying the zoning ordinance;

B. Special exceptions to the terms of the zoning ordinance; and

C. Variances from the terms of the zoning ordinance. [Code 2000 § 17-5-3].

17.20.040 Appeals.

A. The applicant or any other person or entity adversely affected by a decision administering or interpreting the zoning ordinance may appeal that decision applying 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.

B. Any officer, department, board, or bureau of the city 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 board of adjustment.

C. Such appeal shall be taken within seven calendar days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the ground thereof.

D. The officer from whom the appeal is taken shall transmit to the board of adjustment all papers constituting the record upon which the action appealed from is taken.

E. The person or entity making the appeal has the burden of proving that an error has been made.

F. The board of adjustment shall find whether an error has been made. The board of adjustment may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission.

G. Only zoning decisions applying the zoning ordinance may be appealed to the board of adjustment. A person may not appeal, and the board of adjustment may not consider, any zoning ordinance amendments. Appeals may not be used to waive or modify the terms or requirements of this title. [Code 2000 § 17-5-4].

17.20.050 Special exceptions.

The board of adjustment shall hear and decide special exceptions based on the standards contained in this title. [Code 2000 § 17-5-5].

17.20.060 Variances.

A. Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the board of adjustment for a variance from the terms of this title.

B.    1. The board of adjustment may grant a variance only if:

a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;

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 properties 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 this title is observed and substantial justice done.

2.    a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (B)(1) of this section, the board of adjustment may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

b. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (B)(1) of this section, the board of adjustment 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) of this section, the board of adjustment 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 board of adjustment and any other body may not grant use variances.

F. In granting a variance, the board of adjustment 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. [Code 2000 § 17-5-6].

17.20.070 District court review.

Any person adversely affected by any decision of the board of adjustment may petition the district court for a review of the decision. (Section 10-9-708, Utah Code Annotated 1953.) [Code 2000 § 17-5-7].