5.7 Variances

Variances from the provisions of the Code may be granted by the Appeal Authority as per Utah Code, section 10-9a-702, as amended, whenever a strict or literal application of the provisions of this Code would create a hardship on the owner of the subject property that is unique to that property. 5.7.1 Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Appeal Authority for a variance from the terms of the ordinance. 5.7.2 The Appeal Authority may grant a variance only if each of the following conditions is met: (a) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; (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 zone; (d) the variance will not substantially affect the general plan and will not be contrary to the public interest; and (e) the spirit of the land use ordinance is observed and substantial justice done. 5.7.2.1 (i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection 5.7.2, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship: (i) is located on or associated with the property for which the variance is sought; and (ii) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. (b) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under subsection 5.7.2.1, the Appeal Authority may not find an unreasonable hardship if the hardship is selfimposed or economic. 5.7.2.2 In determining whether or not there are special circumstances attached to the property under Subsection 5.7.2, the Appeal Authority may find that special circumstances exist only if the special circumstances: (c) relate to the hardship complained of; and (b) deprive the property of privileges granted to other properties in the same zone. 5.7.3 The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. 5.7.4 Variances run with the land. 5.7.5 The Appeal Authority may not grant a use variance. 5.7.6 In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will: (1) mitigate any harmful effects of the variance; or (2) serve the purpose of the standard or requirement that is waived or modified. 5.8 Appealing a Land Use Authority's Decision 5.8.1 Aletter of application for appealing a land use authority's decision must be filed with the City Clerk, and the required fee paid in advance within ten (10) calendar days of the written decision of a Land Use Authority.. 5.8.2 The land use applicant, a board or officer of the municipality, or an adversely affected party may, within the applicable time period, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance. 5.8.3 (a) Aland use applicant who has appealed a decision of the land use authority administering or interpreting the municipality's geologic hazard ordinance may request the municipality to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. (b) If a land use applicant makes a request under 5.8.2(a), the municipality shall assemble the panel described in 5.8.2(a) consisting of, unless otherwise agreed by the applicant and municipality: (i) one expert designated by the municipality; (ii) one expert designated by the land use applicant; and (iii) one expert chosen jointly by the municipality's designated expert and the land use applicant's designated expert. (c) Amember of the panel assembled by the municipality under Subsection (2)(b) may not be associated with the application that is the subject of the appeal. (d) The land use applicant shall pay: (i) 1/2 of the cost of the panel; and (ii) the municipality's published appeal fee.