10-12-24. - Appeals and Variances.
(a) Any person to whom a notice of violation has been issued under Section 10-12-4, "Enforcement," B.R.C. 1981, may appeal the notice to the municipal court on the grounds that the notice is legally or factually incorrect or both. Any such appeal shall be taken in the manner set forth in this section, and any hearing held in connection therewith shall be conducted under the procedures prescribed in Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. A person who believes that an administrative interpretation of the terms of this chapter is legally incorrect may appeal such interpretation to the board of building appeals (regarding Sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981).
(1) A variance request from the requirements relating to construction of buildings or utilities or blocking and tying down of mobile homes, Sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981, shall be made to the board of building appeals.
(2) A person shall file the appeal, request for variance or both in the alternative to the applicable authority within thirty days from the date of service of the notice of alleged violation. If a person makes such request before the end of the time period and shows good cause therefor, the manager may extend for a reasonable period the time to file.
(3) The fee for filing a variance request with the board of building appeals is that prescribed by Subsection 4-20-47(a) or (b), B.R.C. 1981.
(4) The fee for appeals to the municipal court is that prescribed by Subsection 4-20-55(a)(7) for administrative hearings.
(b) Every variance request that involves a modification, enlargement, or expansion of an approved mobile home park or modification of any conditions placed upon the use at the time of initial approval of the mobile home park permit is subject to the requirements regarding uses permitted by use review in Section 9-2-15, "Use Review," B.R.C. 1981.
(c) If an applicant requests that the board of building appeals grant a variance from the requirements of this chapter, the board shall not grant a variance unless it finds that each of the following conditions exists:
(1) There are unique physical circumstances or conditions, such as irregularity, narrowness, or shallowness of the site, or exceptional topographical or other physical conditions peculiar to the affected property;
(2) Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this chapter;
(3) Such circumstances or conditions have not been created by the applicant;
(4) If granted, the variance will not adversely affect the character of the neighborhood in which the mobile home park is proposed to be located nor substantially or permanently impair the appropriate use and development of the adjacent property; and
(5) If granted, the variance is the minimum variance that will afford relief and is the least modification possible of the ordinance provisions in question.
(d) If an applicant requests that the board of building appeals grant a variance from the requirements of Sections 10-12-8, "Blocking and Tie-Down Required," 10-12-9, "Anchorage," 10-12-10, "Piers and Footings," 10-12-11, "Cabanas and Awnings," 10-12-12, "Alternative Tie-Down and Blocking Methods," and 10-12-21, "Utilities and Other Public Improvements," B.R.C. 1981, the board may grant a variance under the standards and procedures prescribed by the city building code, Chapter 10-5, "Building Code," B.R.C. 1981.
(e) The board of building appeals may grant a variance subject to any conditions that it deems necessary or desirable to make the variance compatible with the purposes of this chapter.
(f) Unless used by the applicant, a variance granted by the board of building appeals automatically expires one hundred and eighty days after the date it was granted or within such time as the board may prescribe unless an extension of the variance is obtained within such period after a showing of good cause upon application for such extension made before the expiration of the variance.
(g) The order of the city manager becomes the final agency action of the city if:
(1) The applicant fails to appeal the manager's notice of violation to the municipal court within the prescribed time limit;
(2) The applicant fails to request a variance or interpretation from the board of building appeals within the prescribed time limit.
Ordinance Nos. 4803 (1984); 4879 (1985); 5562 (1993); 8383 (2020)
