Richfield City Zoning Code

This Chapter is provided to allow any person or entity desiring a waiver or modification of the requirements of this Ordinance, as applied to a parcel or lot to apply to the applicable Appeal Authority for a variance from the terms of this Ordinance.

HISTORY:

Ord. 2024-6, 4/23/2024

The Land Use Hearing Officer (LUHO) is hereby identified as the applicable Appeal Authority authorized to approve, approve with requirements, or deny all Applications for a Variance.

HISTORY:

Ord. 2024-6, 4/23/2024

All requests for a variance shall be initiated by filing a Variance Application, in the Office of the City Recorder. A property owner may present a Variance Application for review and decision by the LUHO. An agent of the property owner, or a lessee of the property, may present a Variance Application to the LUHO for review and decision, provided such Application is accompanied by a property owner affidavit of authorization.

HISTORY:

Ord. 2024-6, 4/23/2024

All Variance Applications shall comply with all requirements of this Chapter and this Ordinance, and all other applicable Land Use Ordinance and requirements. All Variance Applications shall be determined complete by the Zoning Administrator, as provided by 17.19.060 herein. For Variance Applications determined to be incomplete, the Zoning Administrator shall comply with the requirements of 17.19.070 herein.

HISTORY:

Ord. 2024-6, 4/23/2024

All Variance Applications shall include and provide the following information:

1. A complete Variance Application.
2. Variance Application Fees. The Variance Application shall include the payment of all Variance Application fees, as set forth in the City's Consolidated Fee Schedule.
3. Other information, as determined by the Applicant, necessary to clearly establish the need for the variance requested.

HISTORY:

Ord. 2024-6, 4/23/2024

The Applicant for a variance shall bear the burden of proving that all the conditions justifying a variance have been met.

HISTORY:

Ord. 2024-6, 4/23/2024

The procedures for the review of a Variance Application are identified herein.

HISTORY:

Ord. 2024-6, 4/23/2024

The LUHO may grant a Variance Application only if:

1. Literal enforcement of this Ordinance would cause an unreasonable hardship for the Applicant that is not necessary to carry out the general purpose of this Ordinance.
2. There are special circumstances attached to the property that do not generally apply to other properties in the same Zoning District.
3. Granting the Variance Application is essential to the enjoyment of a substantial property right possessed by other property in the same Zoning District.
4. The variance will not substantially affect the Richfield City General Plan and will not be contrary to the public interest; and
5. The spirit of this Ordinance is observed and substantial justice done.

HISTORY:

Ord. 2024-6, 4/23/2024

1. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship the LUHO shall not find an unreasonable hardship unless the alleged hardship:
2. Is located on, or associated with the property for which the variance is sought; and
3. Comes from circumstances peculiar to the property, and not from conditions that are general to the neighborhood.
4. In determining whether or not enforcement of this Ordinance would cause an unreasonable hardship the LUHO 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, the LUHO may find that special circumstances exist only if the special circumstances:
6. Relate to the hardship complained of; and
7. Deprive the property of privileges granted to other properties in the same Zoning District.

HISTORY:

Ord. 2024-6, 4/23/2024

In granting a Variance Application, the LUHO may impose additional requirements on the Applicant that will:

1. Mitigate any harmful effects of the Variance; or
2. Serve the purpose of the standards or requirements that are waived or modified.

HISTORY:

Ord. 2024-6, 4/23/2024

All variances granted by the LUHO run with the land.

HISTORY:

Ord. 2024-6, 4/23/2024

The LUHO shall not approve any Variance Application that would have the effect of authorizing any Use that is not allowed in a Zoning District, or a Use that is prohibited by this Ordinance, as identified by the Tables of Uses.

HISTORY:

Ord. 2024-6, 4/23/2024

The approval of a Variance Application by the LUHO shall authorize such variance, subject to any requirements of approval. The approval of a Variance Application shall not be deemed an approval of any other application, permit, or license.

HISTORY:

Ord. 2024-6, 4/23/2024

Any person aggrieved by a decision of the LUHO regarding a Variance Application may appeal such decision as provided by 17.21 herein.

HISTORY:

Ord. 2024-6, 4/23/2024

1. A Variance Application approved in accordance with the provisions of this Chapter may be revoked by the LUHO if any of the requirements of approval are not met, or if the permit is used to violate any law or ordinance.
2. The Zoning Administrator shall notify the approved Variance holder by certified mail of any violation, or if a violation exists in any requirements of approval. If no attempt to correct the violation is made within ten (10) days after notification, the Variance approval may be revoked by the LUHO, if the LUHO finds that one (1) or more of the following circumstances exists:
3. The approval was obtained in a fraudulent manner.
4. One (1) or more of the requirements of approval have not been met.
5. No Variance Application approval shall be amended. If an amendment to an approved Variance Application is required by the Applicant, a new Variance Application shall be required to be filed and approved by the LUHO as provided and required by this Chapter.

HISTORY:

Ord. 2024-6, 4/23/2024

The continuing validity of a Variance Application approval is conditioned upon the Applicant proceeding after approval to implement the approval with reasonable diligence. For the purposes of this Ordinance, and this requirement, the approval of a Variance Application shall be effective for a period of one hundred eighty (180) calendar days, at the end of which time the Applicant shall have proceeded to implement the Variance Application approval. If the Variance Application approval is not commenced within one hundred eighty (180) calendar days from the date of approval by the LUHO the variance Application approval shall expire and shall be rendered void.

HISTORY:

Ord. 2024-6, 4/23/2024