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Appeal Authority
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Overview
The Town of Springdale uses an Administrative Hearing Officer to act as the Town's Appeal Authority. The Hearing Officer is responsible for hearing and deciding requests for variances and appeals of land use decisions. The Hearing Officer schedules hearings on an as needed basis when an application for an appeal or variance has been filed with the Town.
Variances
Variances are site-specific exemptions from certain provisions of the zoning ordinance. Variances are granted only when the combination of regulations in the Town Code and unique characteristics on a property create an unreasonable hardship that deprives a property owner of a substantial property right. Town Code section 10-3-3 (B) contains five criteria that must be satisfied before a variance may be granted. The Hearing Officer uses these five criteria in determining whether or not to grant a variance.
Town Planning Staff is available to help explain the variance process and assist applicants through the application process. If you are interested in applying for a variance please contact Town Planning Staff at 435-522-4130.
Appeals of Land Use Decisions
Any person who feels the Town has made an error in a land use decision may appeal that decision to the Hearing Officer. Land use decisions of the Town Council, Planning Commission, or the Director of Community Development may be appealed. The following information pertains to appeals:
- Only final decisions applying the land use ordinance can be appealed. Recommendations, directives, and other similar non-decisions cannot be appealed.
- Appeals must be based on an alleged error in administering or interpreting the zoning ordinance. Decisions cannot be appealed merely because a person disagrees with the decision.
- Appeals must be made within 30 days of the date the decision being appealed was made. The right to make an appeal is lost if the appeal is not filed within 30 days of the date of the decision.
The Town Planning Staff is available to help you navigate the appeal process. Should you wish to make an appeal please contact Town Planning Staff at 435-522-4130.