§ 153.305 GENERAL.

   (A)   The Board of Adjustment (BOA), as provided by UCA §§ 10-9-703 et seq., as amended, is hereby authorized to consider applications for variances, as defined.

   (B)   Where the BOA finds that an unreasonable hardship may result from strict compliance with the provisions of this chapter, the BOA may approve variances to the development requirements of this chapter so that substantial justice may be done and the public interest secured; provided that, the variance shall not have the effect of nullifying in any way the intent and purpose of this chapter.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1501)

§ 153.306 USE VARIANCE PROHIBITED.

   The BOA may not authorize the establishment of a use other than those identified in the Table of Uses.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1502)

§ 153.307 STANDARDS.

   The BOA shall not approve a variance unless, based upon the evidence presented, it finds that all of the following apply:

   (A)   Literal enforcement of the provisions of this chapter would cause an unreasonable hardship for the applicant and the applicant has demonstrated that the hardship is located on, or associated with the property for which the variance is sought, and is peculiar to the property rather than conditions general to the immediate area;

   (B)   The identified hardship is not self-imposed;

   (C)   The identified hardship is not economic in nature;

   (D)   There exist special circumstances attached to the property that do not apply to other properties in the same zoning district;

   (E)   The variance is essential to the enjoyment of a property right possessed by other property in the same zoning district; or

   (F)   The granting of the variance will not be contrary to the public interest.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1503)

§ 153.308 CONDITIONS.

   In approving any variance, the BOA may require such conditions, in the judgment of the BOA, necessary to mitigate any negative effects of granting the variance and to secure the purposes of this chapter.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1504)

§ 153.309 EFFECT OF GRANTING A VARIANCE.

   The granting of a variance shall not authorize the establishment or extension of any use, nor the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the preparation, filing, review and determination of any approval, permit or license that may be required by this chapter.

(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1505)