2-2-130 Variances

A. Purpose. This section sets forth procedures for considering and approving a variance to the provisions of this Code. 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 Code that create unreasonable hardships. B. Authority. The Hearing Officer is authorized to hear and decide variances to the provisions of this Code as provided in this section. C. Initiation. A property owner or the owner's lessee may request a variance to the provisions of this Code as provided in this section. An agent of a property owner shall provide a notarized authorization. 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 County’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 Code from which a variance is sought; e. A statement of the characteristics of the subject property that prevent compliance with the provisions of this Code and result in unnecessary hardship; f. A statement of the amount of variation needed to allow the proposed use, construction or development; g. An explanation of how the application satisfies the variance standards set forth in Section 2-2-130(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 (100) feet 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 (150) feet 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 (2) foot intervals and showing the proposed grade in solid lines at two (2) foot 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. 2 After the application is determined to be complete, the Zoning Administrator shall give a Class A notice of a public meeting before the Hearing Officer as provided in Section 2-2- 050 of this Code. 3. A staff report evaluating the application shall be prepared by the Zoning Administrator. 4. The Hearing Officer shall hold a public meeting and after due consideration shall approve, approve with conditions or deny the application pursuant to the standards set forth in Section 2-2-130(E) of this section. Any conditions of approval shall be limited to conditions needed to conform the variance to approval standards. 5. After the Hearing Officer makes a decision, the Zoning Administrator shall give the applicant written notice of the decision. 6. A record of all variances shall be maintained in the office of the Zoning Administrator. E. Approval Standards. The following standards shall apply to a variance. 1. The Hearing Officer may grant a variance only if: a. Literal enforcement of this Code would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Code; 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 Code is observed and substantial justice done. 2. The Hearing Officer 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 Hearing Officer may not find an unreasonable hardship exists if the hardship is self-imposed or economic. 3. The Hearing Officer may find that special circumstances are attached to the property 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. 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. 6. In granting a variance, the Hearing Officer 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. 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. . F. Appeal. Any person adversely affected by a final decision of the Hearing Officer regarding a variance may appeal that decision to the district court as provided in Utah Code Ann. §§ 17-27a-701 and 17-27a-801, as amended. 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 Code and other applicable provisions of the Box Elder County ordinances. H. Amendment. 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.