A. Purpose: This section sets forth the procedure for review and approval of a variance to the provisions of this title. Variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from particular unforeseen application of the provisions of this title that create an unreasonable hardship.
B. Authority: The administrative appeals officer is authorized to hear and decide variances to the provisions of this title as provided in this section.
C. Initiation: Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that the person or entity owns, leases, or holds some other beneficial interest may apply to the administrative appeals officer for a variance from the provisions of this title as provided in this section. An agent of a property owner shall provide a notarized authorization. (Ord. 2012-15, 9-20-2012)
D. Procedure: An application for variance shall be considered and processed as provided in this subsection.
1. Submission of an application for a variance shall be as provided in chapter 13.03 of this title.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the administrative appeals officer.
4. The administrative appeals officer shall hold a public hearing. The city shall send notice as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13.
5. After due consideration the administrative appeals officer shall approve, approve with mitigation measures, or deny the application.
E. Approval Standards:
1. The administrative appeals officer may grant a variance only if all of the following are met:
a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title;
b. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of this title is observed and substantial justice done.
2. a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection E1a of this section, the administrative appeals officer may not find an unreasonable hardship unless the alleged hardship:
(1) Is located on, or associated with, the property for which the variance is sought; and
(2) Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
b. The administrative appeals officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
3. In determining whether or not there are special circumstances attached to the property under subsection E2a of this section, the administrative appeals officer may find that special circumstances exist only if the special circumstances:
a. Relate to the hardship complained of; and
b. Deprive the property of privileges granted to other properties in the same zone.
4. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
5. The administrative appeals officer may not grant a use variance.
6. In granting a variance, the administrative appeals officer may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
F. Effect Of Approval:
1. Variances run with the land.
2. The granting of a variance shall not relieve an applicant from obtaining any other authorization, permit, or license required under this title or any other title of this code.
G. Appeal: Any person adversely affected by a decision of the administrative appeals officer may appeal that decision to the district court as provided in Utah Code Annotated section 10-9a-801, as amended. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021-18, 8-5-2021)