9-11-1 VARIANCES

A. Purpose: A variance is intended to grant a property owner relief from the terms of this title where conditions are such (particular physical surroundings, shape, or topographical conditions) that literal enforcement of this title would cause an unreasonable hardship upon the owner, as distinguished from a mere inconvenience or increased costs. A variance is not intended to disregard the spirit of the Town’s General Plan, this title, or design standards found in chapter 12 of this title. A variance may be requested for physical constraints to the lot that deprive the applicant of the reasonable use of their property when others similarly situated are entitled to make such use of their property. (amd. ord. 24-014, 10-8-24) B. Review Procedures: 1. Application: An application for variance review must be filed with the Town, and the required fee paid in advance. If, in the course of subdivision or building permit review, it is determined that a variance is required or desired, all further action shall be stayed until the applicant shall have obtained the variance. 2. Appeal Authority Review: The Appeal Authority shall review the application in a hearing to be held within a reasonable time after the application is submitted. Notice to adjoining property owners is required pursuant to section 9-1-8 of this title. The Appeal Authority shall grant or deny the variance pursuant to the standards and conditions set forth by state law, Utah Code Annotated §10-9a-702, as amended, and those set forth below: C. Standards For Review: 1. The Appeal Authority may grant a variance only if: 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 zone. d. The variance will not substantially affect the Town’s General Plan and will not be contrary to the public interest; and e. The spirit of this title is observed, and substantial justice is done. 2. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection 11-1C(1) of this section, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship: a. Is located on or associated with the property for which the variance is sought; and b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. 3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection C(1) of this section, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic. 4. In determining whether or not there are special circumstances attached to the property under subsection C(1) of this section, the Appeal Authority 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. 5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. D. Appeal: The Town or any person aggrieved by a final decision of the Appeal Authority may appeal to a court of competent jurisdiction, provided the appeal is filed with the court within thirty (30) days after the decision of the Appeal Authority. (ord. 08-016, 8-12-2008)