This chapter is provided to allow the opportunity for any person desiring a modification to the requirements of this title, as applied to a parcel of property to have such request considered, such request being considered a variance to the requirements of this title, as allowed by the act. (Ord. 2007-35, 2008)

The appeal authority designated in chapter 30 of this title is authorized to approve, approve with requirements, or deny all variance applications. (Ord. 2007-35, 2008)

   (1)   Requests for a variance shall be made on a variance application.

   (2)   A property owner may present a variance application for review and decision. An agent of the property owner, or a lessee of the property, may present a variance application for review and decision, provided such application is accompanied by a property owner affidavit of authorization.

   (3)   A variance application shall be determined complete by the zoning administrator, as provided by chapter 13 of this title. For variance applications determined to be incomplete, the zoning administrator shall comply with the requirements of chapter 13 of this title. (Ord. 2007-35, 2008)

Applications for a variance shall provide the following information and materials:

   (1)   A complete variance application.

   (2)   Other information, determined necessary by the applicant, to clearly establish the need for a variance and compliance with the provisions of section 16.27.105 of this chapter. (Ord. 2007-35, 2008)

   (1)   The procedures for the review of a variance application are identified by figure 27-1 in section 16.27.112 of this chapter.

   (2)   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 purposes of this title;

      (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 interests; and

      (e)   The spirit of this title is observed and substantial justice done.

   (3)   In determining whether or not enforcement of this title would cause unreasonable hardship, as required by subsection (2)(a) of this section, the appeal authority shall 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, and not from conditions that are general to the neighborhood.

   (4)   In determining whether enforcement of this title would cause unreasonable hardship, as required by subsection (2)(a) of this section, the appeal authority shall 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, as required by subsection (2)(b) 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 zoning district.

   (6)   Upon a finding by the appeal authority that the approval standards for a variance are met, the applicant may present any other necessary use or building permit applications that may be required by this title, all other land use ordinances, or the building code, as adopted, as provided by section 16.27.109 of this chapter. (Ord. 2007-35, 2008)

The applicant for a variance shall have the burden of proof that all the conditions justifying a variance, as required by section 16.27.105 of this chapter, have been met. (Ord. 2007-35, 2008)

In approving a variance, the appeal authority may impose requirements on the applicant that will:

   (1)   Mitigate any harmful effects of the variance; or

   (2)   Serve the purposes of the standards or requirements that are modified. (Ord. 2007-35, 2008)

The appeal authority shall not grant any variance that would have the effect of authorizing a use that is not allowed in the zoning district, or a use that is prohibited in Ivins City, as identified by the tables of uses, chapter 33 of this title. (Ord. 2007-35, 2008)

   (1)   A variance approval by the appeal authority shall run with the land.

   (2)   Following a decision on a variance application, the city recorder or designee shall provide the applicant with a written notice of the decision. The written record of all variance applications shall be maintained on file by the city recorder.

   (3)   The granting of a variance shall not authorize the establishment or extension of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the filing of an application for an approval, permit or license, required by this title, all other land use ordinances, and building code. (Ord. 2007-35, 2008)

See section 16.03.115 of this title. (Ord. 2007-35, 2008)

Any person aggrieved by a decision of the appeal authority regarding any matter related to a variance may appeal the decision to the district court, as provided by the act, and as provided by chapter 30 of this title. (Ord. 2007-35, 2008)

   FIGURE 27-1

   VARIANCE APPLICATION PROCEDURES

 

(Ord. 2005-13, 2005; amd. Ord. 2007-35, 2008)