5.6 Hearings Before the Board

5.6.1 5.6.2 5.6.3 5.6.4 The Board of Adjustments is created to hear four (4) classifications of cases as follows: Variance Applications Whenever any application or permit has been stayed or denied by the Planning Commission or Town 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 Board 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 10-9-707, as ammended. Modifications of Non-Conforming Uses The Board 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. Appeals The Board 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, Town Council or other Town official, in the enforcement of Article 1, Chapter 9, Title 10 of the Utah Code (1953, as amended), or any Town ordinance adopted pursuant thereto. Special Exceptions The Board 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 Board is required to pass judgment under this Code.