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A. Purpose: This section sets forth procedures for considering and approving 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 applications of the provisions of this title that create unreasonable hardships. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
B. Authority: The Appeal Board is authorized to hear and decide variances to the provisions of this title as provided in this section. (Ord. 2018-12, 10-18-2018)
C. Initiation: A property owner, lessee, or holder of a beneficial interest in property, or the agent thereof, may request a variance to the provisions of this title as provided in subsection D1 of this section. All such applications shall be signed by the owner of property for which the variance is sought.
D. Procedure: An application for a variance shall be considered and processed as provided in this subsection.
1. A complete application shall be submitted to the Zoning Administrator in a form established by the Administrator along with any fee established by the City's schedule of fees. The application shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The address and parcel identification of the subject property;
c. The specific feature or features of the proposed use, construction or development that require a variance;
d. The specific provision of this title from which a variance is sought;
e. A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship;
f. A statement of the amount of variation needed to permit the proposed use, construction or development;
g. An explanation of how the application satisfies the variance standards set forth in subsection E of this section;
h. A plot plan showing the following:
(1) Applicant's name;
(2) Site address;
(3) Property boundaries and dimensions;
(4) Layout of existing and proposed buildings, parking, landscaping, and utilities; and
(5) Adjoining property lines and uses within one hundred feet (100') of the subject property;
i. An elevation plan drawn to scale showing elevations of existing and proposed structures;
j. When the variance involves building height, a streetscape plan showing the height of all buildings within one hundred fifty feet (150') of the subject property;
k. When a variance involves grade changes, a topographical drawing prepared by a licensed surveyor or civil engineer, showing existing topography in dashed lines at two foot (2') intervals and showing the proposed grade in solid lines at two foot (2') intervals;
l. When a variance involves retaining walls, a plan showing all retaining walls, including their height relative to proposed grades; and
m. Any other information reasonably determined by the Zoning Administrator to be pertinent to a requested variance. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. After the application is determined to be complete, the Zoning Administrator shall schedule a public meeting before the Appeal Board as provided in section 10-7-4 of this chapter. (Ord. 2018-12, 10-18-2018)
3. A staff report evaluating the application shall be prepared by the Zoning Administrator. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
4. The Appeal Board shall hold a public meeting and thereafter shall approve, approve with conditions or deny the application pursuant to the standards set forth in subsection E of this section. Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards.
5. After the Appeal Board makes a decision, the Zoning Administrator shall give the applicant written notice of the decision. (Ord. 2018-12, 10-18-2018)
6. A record of all variances shall be maintained in the Office of the Zoning Administrator. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
E. Approval Standards: The following standards shall apply to a variance:
1. The Appeal Board may grant a variance only if: (Ord. 2018-12, 10-18-2018)
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 zoning district;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning 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. (Ord. 2006-4, 2-16-2006)
2. The Appeal Board may find an unreasonable hardship exists only if the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. The Appeal Board may not find an unreasonable hardship exists if the hardship is self-imposed or economic.
3. The Appeal Board may find that special circumstances are attached to the property and exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zoning district. (Ord. 2018-12, 10-18-2018)
4. An applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
5. A use variance may not be granted. (Ord. 2006-4, 2-16-2006)
6. In granting a variance, Appeal Board may impose additional requirements on an applicant that will mitigate any harmful effects of the variance, or serve the purpose of the standard or requirement that is waived or modified. (Ord. 2018-12, 10-18-2018)
7. A variance more restrictive than that requested by an applicant may be authorized when the record supports the applicant's right to some relief but not to the extent requested.
8. A variance shall not be granted to a lot in a proposed subdivision that would reduce the lot area below the minimum lot area required in the zone in which the subdivision is located. (Ord. 2006-4, 2-16-2006)
F. Appeal Of Decision: Any person adversely affected by a decision of the Appeal Board regarding a variance may, within thirty (30) days after such decision, appeal to the District Court as provided in section 10-10-1001 of the Utah Code, as amended. (Ord. 2018-12, 10-18-2018)
G. Effect Of Approval: A variance shall not authorize the establishment of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any approvals or permits that may be required by this title or other applicable provisions of this Code.
H. Amendments: The procedure for amending any variance decision shall be the same as the original procedure set forth in this section.
I. Expiration: Variances shall not expire but shall run with the land. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)