Chapter 5The regulations set forth in this chapter describe the Appeal Authority. Its function and responsibilities as
defined in State Law and the Deweyville Town Land Management and Development Code.
5.1 Establishment of an Appeal Authority
In order to avail the Town of the powers provided in Chapter 9a of Title 10 of the Utah Code (1953, as
amended), there is hereby created an Appeal Authority, which shall consist of a person, who shall be appointed by the Mayor with the advice and consent of the Town Council. The Appeal Authority's appointment shall be based on the issues that arises from time to time. The Council may fix per diem compensation for the Appeal Authority by resolution, based on necessary and reasonable expenses.
5.2 Term of Office
The Appeal Authority shall serve for time required to resolve the issues at hand at the time of appointment.
5.3 Resignation or Grounds for Removal
The Appeal Authority may resign by letter to the Town. If the Appeal Authority fails to perform in a
reasonable time period, they may be called before the Town Council and asked to resign or be removed for
cause by the Council.
5.4 Hearings Before the Appeal Authority
The Appeal Authority is created to hear four (4) classifications of cases as follows:
5.4.1 Variance Applications
Whenever any application or permit has been stayed or denied by the Planning Commission or Town
staff on the basis that approval of the requested permit or application would violate the provisions of
this code relating to set back, building height, side yard, lot size, site requirements, parking
requirements, or some similar provision of the Code that has the effect of depriving the applicant of
the reasonable use of his property, when others similarly situated are entitled to make such use of their
property, the Appeal Authority may hear the matter, and grant a variance from the strict enforcement
of this Code. A variance is defined in greater detail in Utah Code, section 10-9a-702, as amended.
5.4.2 Modifications of Non-Conforming Uses
The Appeal Authority shall have the power to rule on all requests for enlargements, modifications,
or changes in the character of any non-conforming use, and to have hearings to determine whether
the use in question is in fact a non-conforming use, as opposed to a violation of the ordinance or an
allowable use within the zone. Non-conforming uses are addressed in Chapter 1 of this Code.
The Appeal Authority shall hear and decide appeals where any party with standing as defined in
Chapter 1 of this Code alleges that there is an error in any order, requirement, decision or
determination made by the Planning Commission in the enforcement of, Chapter 9a, Title 10 of the
Utah Code (1953, as amended), or any Town ordinance adopted pursuant thereto.
5.4.4 Special Exceptions
The Appeal Authority may hear applications for special exceptions to the terms of this Code which
apply to variances, modifications of non-conforming uses, appeals and other matters upon which the
Appeal Authority is required to pass judgment under this Code.
Variances from the provisions of the Code may be granted by the Appeal Authority as per Utah Code, section 10-9a-702, as amended, whenever a strict or literal application of the provisions of this Code would create a hardship on the owner of the subject property that is unique to that property. Because of the development of Town of Deweyville over a long period of time before development codes were enacted by Box Elder County or the Town, which has resulted in a number of irregularities, the Appeal Authority may exercise discretion in accordance with section 10-9a-702 in acting on variances to assure the public and the owners of property on which variances are requested that substantial equity.
(1) 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 the ordinance.
(2) (a) The appeal Authority may grant a variance only if:
(i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not
necessary to carry out the general purpose of the land use ordinances;
(ii) there are special circumstances attached to the property that do not generally apply to other properties in
the same zone;
(iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other
property in the same zone;
(iv) the variance will not substantially affect the general plan and will not be contrary to the public interest;
(v) the spirit of the land use ordinance is observed and substantial justice done.
(b) (i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship
under Subsection (2)(a), the appeal Authority may not find an unreasonable hardship unless the alleged hardship:
(A) is located on or associated with the property for which the variance is sought; and
(B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship
under Subsection (2)(a), the appeal Authority may not find an unreasonable hardship if the hardship is selfimposed
(c ) In determining whether or not there are special circumstances attached to the property under Subsection
(2)(a), the appeal Authority may find that special circumstances exist only if the special circumstances:
(I) relate to the hardship complained of; and
(ii) deprive the property of privileges granted to other properties in the same zone.
(3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(4) Variances run with the land.
(5) The appeal Authority may not grant a use variance.
(6) In granting a variance, the appeal Authority may impose additional requirements on the applicant that will:
(a) mitigate any harmful affects of the variance; or
(b) serve the purpose of the standard or requirement that is waived or modified.
5.6 Time to Appeal
An affected party shall have ten calendar days to appeal to the appeal Authority a written decision issued by
a land use Authority.
5.7 Application for Variance Review
A letter of application for variance review must be filed with the Town Clerk, and the required fee paid in
advance within ten calendar days of the written decision of a land use Authority. The application shall state
the nature of the hardship and the nature of the variance requested. If the request for a variance is a result of a denial of any building permit or conditional use approval, the application shall so state, and all documents on file concerning the matter shall be forwarded to the Board for review as a part of the request. The applicant or the Town may present any information as might be reasonably required by the Appeal Authority in evaluating the request.
The Appeal Authority shall, upon receipt of the letter of application for a variance, schedule a date for hearing on the matter. The hearing date shall be no less than fifteen (15) days, nor more than thirty (30) days from the date of application. Notice shall be given to adjoining land owners in the manner described in Chapter 1 of this Code, and in addition, notice of hearing shall be published at least once prior to the date of the hearing in a newspaper having general circulation in the Town.
5.9 Persons Entitled to Appear
At the hearing on any matter before the Appeal Authority, any person aggrieved or interested in the matter may appear in person or through his attorney to testify on the matter. The applicant shall have the right to respond to testimony offered in opposition to the application.
In exercising the above-mentioned powers the Appeal Authority may, in conformity with the provisions of the
Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision, or determination as ought to be made, and
to that end shall have all the powers of the official or board from whom the appeal is taken.
5.11 Judicial Review of Appeal Authority Decision
The Town or any person aggrieved by any decision of the Appeal Authority may have and maintain a plenary action for relief therefrom in the District Court in Box Elder County provided petition for such relief is
presented to the court within thirty (30) days after the filing of such Appeal Authority written decision with
the Town Recorder. The Town Board may not over-ride a decision made by the Appeal Authority.
Town of Deweyville Land Management and Development Code