3-3 VARIANCES
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Wellington code is at https://www.wellingtonutah.gov/land-use-code.html.
Text pulled 2026-10-19 from this source.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Wellington planning before you rely on it.
1. 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 owns, leases, or in which he holds some other beneficial interest may apply to the Variance Committee for a
variance from the terms of the zoning ordinance.
The Variance Committee may grant a variance only if:
a. literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance;
b. there are special circumstances attached to the property that do not generally apply to other properties in the same district;
c. granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same 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 the zoning ordinance is observed and substantial justice done.
In determination whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection 2, above, the Variance Committee 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.
In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under Subsection 2, above, the Variance Committee may not find an unreasonable hardship if the hardship is self-imposed or based on economic reasons.
In determining whether or not there are special circumstances attached to the property under Subsection 2, above, the Variance Committee 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 district.
6. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
7. Variances run with the land.
8. The Variance Committee and any other body may not grant use variances.
9. In granting a variance, the Variance Committee may impose additional requirements on the applicant that will:
a. mitigate any harmful affects of the variance; or serve the purpose of the standard or requirement that is waived or modified.