A. Application: Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest, may apply to the appeal authority for a variance from the terms of the ordinance. The appeal authority may grant a variance only if the application for the variance is in compliance with the requirements of Utah Code Annotated section 10-9a-702, as amended and supplemented from time to time.
B. Burden Of Proof: The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
C. Additional Requirements May Be Imposed: In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
1. Mitigate any harmful effects of the variance; or
2. Serve the purpose of the standard or requirement that is waived or modified.
D. Variances Run With Land: Variances and any requirements imposed by the appeal authority run with the land.
E. Further Appeal: The appeal authority decision to deny a variance, grant a variance or grant a variance with conditions may be appealed pursuant to Utah Code Annotated. (Ord. 2008-O-4, 6-12-2008)