A. Authorized: The administrative hearing officer may authorize upon appeal, variance from the provisions of this title where it can be shown that due to special circumstances the literal enforcement of this title would result in undue hardship to the property owner. In granting a variance, the administrative hearing officer may affix any conditions it feels are necessary to carry out the intent of this title.
B. Variance Criteria: Unless otherwise provided in this title, the administrative hearing officer may grant a variance from the requirements of any provision of this title to the extent that such a grant shall be consistent with the limitations and requirements of section 10-9a-702 of the Utah Code, as amended.
C. Hardship, as used herein, shall be distinguished from a mere inconvenience to the property owner or a desire to reduce financial costs. Personal, family or financial difficulties, loss of prospective profits or neighboring violations of the zoning code are not hardships justifying a variance.
D. Special circumstances that warrant a variance shall apply to a specific parcel of property and include such things as exceptional narrowness, shallowness or shape of the property; exceptional topographic conditions; or other extraordinary and exceptional situations or conditions.
E. Each case shall be considered only on its individual merits; a previous variance or examples of noncompliance by other properties shall not be deemed to set a precedent or require the granting of a variance in the case before the administrative hearing officer. (Ord. 2009-08, 2-3-2009; amd. Ord. 2023-65, 11-14-2023)