10-3-25 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 It may be out of date.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 Wendover code is at https://wendovercityutah.com/planning-%26-zoning.
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 Wendover planning before you rely on it.
1.
Any person or entity desiring a waiver or modifications of the requirements of this 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 Planning Commission for a variance from the terms of the land
use ordinance.
2.
The Planning Commission may grant a variance only if:
a)
literal enforcement of the land use ordinance would cause a hardship for the applicant that
is not necessary to carry out the general purpose of the land use 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 land use ordinance is observed and substantial justice done.
3.
In determining whether or not enforcement of the zoning ordinance would cause unreasonable
hardship under this subsection, the Planning Commission may not find an unreasonable hardship
unless:
a)
the alleged hardship is located on or associated with property for which the variance is
sought; and
Chapter 3: Planning Commission Policies, Procedures and Administration Page 7 of 8
b)
the alleged hardship comes from circumstances peculiar to the property, not from
conditions that are general in the neighborhood.
4.
In determining whether or not enforcement of the land use ordinance would cause unreasonable
hardship the Planning Commission may not find an unreasonable hardship if the hardship is self-
imposed or economic.
5.
In determining whether or not there are special circumstances attached to the property under
Section 10-3-25 (2)(b), the Planning Commission may find that special circumstances exist only if
they:
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 shall run with the land.
8.
In granting a variance, the Planning Commission may impose additional requirements on the
applicant that will:
a)
mitigate any harmful affects of the variance; or
b)
serve the purpose of the standard or requirement that is waived or modified