Where the board of adjustment finds that an unreasonable hardship may result from strict compliance with the provisions of this title, the board of adjustment may approve variances to the requirements of this title so that substantial justice may be done and the public interest secured; provided, that the variance shall not have the effect of nullifying in any way the intent and purpose of this title. (1998 Code § 17.28.010)

An application for a variance may be submitted in writing, on the approved application as provided by the county, by the property owner. The application shall state fully the grounds for the variance requested and all of the facts relied upon by the owner. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. (1998 Code § 17.28.070)

The board of adjustment shall not approve a variance unless, based upon the evidence presented by the applicant proving that all of the following provisions justifying a variance have been met:

   A.   Literal enforcement of the zoning district provisions of this title would cause an unreasonable hardship for the applicant not necessary to carry out the general purpose of the zoning district or this title. The board of adjustment shall not render a finding of unreasonable hardship if the alleged hardship is self-imposed or solely economic.

   B.   There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district. No finding of special circumstances shall be made unless they relate to the hardship complained of and deprive the property of privileges available to other properties in the same zoning district.

   C.   The variance is essential to the enjoyment of a substantial property right possessed by other property in the zoning district.

   D.   The granting of the variance will not substantially affect the goals, objectives, policies or standards of the county general plan and will not be contrary to the public interest.

   E.   The spirit of the requirements and provisions of section 8-3-4 of this title shall be observed and substantial justice done. (1998 Code § 17.28.020)

In approving any variance, the board of adjustment may require such conditions as will, in its judgment, mitigate any negative effects of granting the variance and secure substantially the purposes of this title. (1998 Code § 17.28.030)

The granting of a variance shall not authorize the establishment or extension of any use, nor the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the preparation, filing, review and determination of any approval, permit or license that may be required by this title. (1998 Code § 17.28.040)

No variance shall be valid for a period of longer than twelve (12) months unless a building permit was previously issued or one is issued within that period and construction started and continually pursued. Total construction time to obtain a certificate of occupancy shall not exceed eighteen (18) months, unless an extension of time is granted by the building official. Variances run with the land. (1998 Code § 17.28.050)

Use variances or supplementary regulation variances are not permitted. Only through an amendment to the zoning title or map can use and supplementary regulation changes be considered. (1998 Code § 17.28.060)

   A.   Authority: Pursuant to Utah Code Annotated, this section is provided to enable routine and uncontested matters to be determined administratively by the zoning administrator by the provisions of this section.

   B.   Determination: The board of adjustment may identify matters brought before it as routine and uncontested and provide guidelines which the zoning administrator shall follow in deciding a matter.

   C.   Procedures: Procedures for review and determination:

      1.   An application for a routine and uncontested matter shall be filed with the zoning administrator.

      2.   The application must include the signatures of approval of all abutting property owners in a form provided by the zoning administrator.

      3.   If the signatures of all abutting property owners cannot be obtained by the applicant, the zoning administrator shall refer the item to the board of adjustment for determination.

      4.   If the required signatures are provided, the zoning administrator may approve, approve with conditions, deny or refer the item to the board of adjustment for a determination.

      5.   All decisions of the zoning administrator will be maintained on file in the department of planning, zoning and community development.

   D.   Appeal: Any person aggrieved by a decision of the zoning administrator in a determination of a routine and uncontested matter may appeal the decision to the board of adjustment pursuant to the provisions of this title. (1998 Code § 17.28.080)