17.93.380 Right of appeal/variance.
A. Any person who is issued a written notice of violation, or any person who is denied a sign permit, or who objects to the conditions attached to a sign permit, or any interpretation of this chapter or this municipal code by the code enforcement officer may appeal that decision or seek a variance before the appeal authority by filing a written notice of application within thirty calendar days of any adverse decision, notice or order. Failure to appeal or apply for a variance within the time provided shall render the decision final and result in waiver of any further rights to contest or review the decision.
1. Hearings before the appeal authority shall be conducted informally. The appeal authority shall be empowered to hear all relevant testimony and review all documents and items of physical evidence in reaching its decision. The appeal authority in Utah has jurisdiction only in variances for minor departures from the regulation. Persons seeking a variance are entitled to see the By-Laws of the Appeal Authority, Land Use Development and Management Act, Title 10, Chapter 9, Cities and Towns, which outlines procedures for a variance.
2. The appeal authority’s authority to render decisions is limited to the following:
a. Appeals of staff decisions concerning the application or interpretation of this chapter or this municipal code to a sign permit, permit application or written notice of violation.
b. Variances to the strict application of this chapter or this municipal code where an applicant can show extreme or unreasonable hardship, special circumstances due to site constraints or surrounding land uses, or where a variance is essential to the enjoyment of a substantial property right associated with the parcel.
c. The applicant bears the burden of proof in showing an error of interpretation of this code by the staff, and in showing entitlement to a variance. Variances shall be permitted only where consistent with the spirit of this municipal code. A variance cannot substantially affect the General Plan nor be contrary to public interest. In no case shall the appeal authority issue a variance resulting in the expansion in scope of a nonconforming use.
3. The appeal authority may attach conditions to any variance to mitigate the harmful effects of the variance, address concerns of neighboring property owners or otherwise promote the policies contained in this chapter and this municipal code. A sign variance shall run with the property to which it attaches for so long as the sign shall remain in use. An interruption in use for a period of six consecutive months or more shall result in the lapse of the variance.
4. The appeal authority shall have thirty calendar days to hear and render their binding decision. The decision of the appeal authority can be contested and/or appealed only through the judicial system per Utah State Law. (Ord. 22-07 § 1, 2022; Ord. 10-06, 2010; Ord. 00-03 (part), 2000: Ord. 92-02 § 11, 1992. Formerly 15.44.380)