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Spring City schedules Board of Adjustment hearing after questions over council zone change
Summary
Spring City officials set an appeal hearing for next Tuesday after debate over a recent city‑council zone change to light commercial, with staff and the state ombudsman clarifying that only one public hearing is required and that a local board overriding a legislative council decision would be unusual.
Spring City staff and Board of Adjustment members agreed to schedule an appeal hearing next Tuesday to consider objections to a recent council zone change that extended a light‑commercial district into a previously residential block.
During the January 26 meeting, local officials raised legal concerns about the change, including whether the amendment constituted impermissible spot zoning and whether the board could overturn a decision made by the city council. "If you extended that spot zoning, that's illegal," one board member stated during the discussion. Staff said the change added a single block to the commercial designation that runs back to Main Street.
Rob Terry, the state property‑rights ombudsman training director, told the group that state law requires a public hearing for zone changes at the planning‑commission stage, and that a single public hearing normally satisfies the statutory requirement. "There's only requirement for one public hearing," Terry said, adding that a municipality may choose to hold more than one if it wishes. He also said it would be "unusual" for a local body such as the Board of Adjustment to overturn a legislative action by the city council, and recommended the board consult the city attorney for specifics.
Officials agreed to notify the involved parties. A staff member said notices would be sent to the parties who requested the appeal. The board did not record a formal roll‑call vote at the meeting; the date was set by general agreement during discussion.
The hearing will be the next procedural step. Depending on whether the board acts as a land‑use authority or the issue is treated as a legislative matter, remedies and appeal paths differ; Terry reiterated that an aggrieved party can pursue administrative appeals or, ultimately, the courts if local remedies are exhausted.
City staff and attendees asked Terry follow‑up questions about whether residents from outside the jurisdiction may speak and about written or remote submissions; he advised agencies to adopt clear local rules on remote participation and time limits to protect the record.
