Myton City Zoning Code
VARIANCES
§ 153.230 SCOPE OF AUTHORITY; APPLICATION.
(A) The Administrative Hearing Officer, as provided by UCA Title 10, Chapter 9a, as amended, is hereby authorized to consider applications for variances, as defined. If the Administrative Hearing Officer finds that an “unreasonable hardship”, as defined herein, will result from the strict compliance with the provisions of this chapter, the Administrative Hearing Officer may approve a variance to the requirements of this chapter so that substantial justice may be done and the public interest secured, provided the variance shall not have the effect of nullifying in any way the intent and purpose of this chapter.
(B) An application for a variance shall be made on the application provided by the city.
(Prior Code, § 10-13-1) (Ord. passed 8-10-2006)
§ 153.231 USE OR SUPPLEMENTARY REGULATION VARIANCE PROHIBITED.
(B) Only through an amendment to the ordinance text or zoning map can use and supplementary development standards changes be considered.
(Prior Code, § 10-13-2) (Ord. passed 8-10-2006)
§ 153.232 STANDARDS.
The Administrative Hearing Officer shall not approve a variance application unless, based upon the evidence presented, it finds that all of the following apply:
(A) Literal enforcement of the provisions of this chapter would cause an unreasonable hardship for the applicant, with the applicant providing evidence that the hardship is located on, or associated with, the subject property for which the variance is sought, and is peculiar to the property rather than conditions generally existing on other properties in the same zoning district or immediate area;
(B) The identified hardship is not self-imposed;
(C) The identified hardship is not economic in nature;
(D) There exist special circumstances attached to the property that do not apply to other properties in the same zoning district. The Administrative Hearing Officer may find an unreasonable hardship exists only if the alleged hardship is located on or associated with the property for which the variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood;
(E) The variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. The Administrative Hearing Officer may find that special circumstances are attached to the property and exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same zoning district; and
(F) The granting of the variance will not be contrary to the public interest.
(Prior Code, § 10-13-3) (Ord. passed 8-10-2006)
§ 153.233 CONDITIONS.
In approving any variance application, the Administrative Hearing Officer may require such conditions that in the judgment of the Administrative Hearing Officer are necessary to mitigate any negative effects of granting the variance and to secure the purposes of this chapter.
(Prior Code, § 10-13-4) (Ord. passed 8-10-2006)
§ 153.234 DECISION OF VARIANCE.
(A) Notice of decision; records maintained. Following a final decision of a variance application, the Administrative Hearing Officer’s recording secretary shall provide the applicant with a written notice of the decision. The record of all variance applications shall be maintained by the recording secretary and the city.
(B) Variance prerequisite to approval. 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 chapter.
(Prior Code, § 10-13-5) (Ord. passed 8-10-2006)
§ 153.235 TIME LIMITATION.
A variance approval shall expire and shall be invalid unless a building permit is issued within one year from the date of approval. If a building permit is not issued within one year from date of variance approval, the approval shall be void and a new variance application required.
(Prior Code, § 10-13-6) (Ord. passed 8-10-2006)