(A) Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he, she or they own, lease or in which they hold some other beneficial interest may apply to the Board of Adjustment for a variance from the terms of this chapter.
(B) The Board of Adjustment may grant a variance only if the application complies with the criteria outlined in state statute as found in U.C.A. § 17-27a-707:
(C) In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under this section, the Board of Adjustment 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.
(D) In determining whether or not enforcement of this chapter would cause unreasonable hardship under this section, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.
(E) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(F) Variances run with the land, not with the land owner.
(G) The Board of Adjustment and any other body may not grant variances for different uses.
(H) Act in a quasi-judicial manner.
(Ord. 2024-5-3, passed 5-13-2024)