The Hearing Officer (HO), as provided by §10-9a et. seq. U.C.A., as amended, is hereby authorized to consider applications for variances, as defined. If the HO finds that an unreasonable hardship, as defined herein, will result from the strict compliance with the provisions of this Ordinance, the HO may approve a variance to the requirements of this Ordinance 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 Ordinance.

(Ord. No. 16-8, 7-5-2016)

1. An application for a Variance shall be made on the application, provided by the City.
2. A Variance application shall be determined complete by the Zoning Administrator, as provided by RZC 10-12-7. For variance applications determined to be incomplete, the Zoning Administrator shall comply with the requirements of RZC 10-12-8.

The HO may not authorize the establishment of a use other than those uses as identified in the Table of Uses, RZC 10-17.

(Ord. No. 16-8, 7-5-2016)

The HO shall not approve a variance application unless, based upon the evidence presented, it finds that all of the following apply;

1. Literal enforcement of the Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use 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 is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district.
4. The granting of the variance will not substantially affect the General Plan and will not be contrary to the public interest; and
5. The spirit of the land use ordinance is observed and substantial justice done.

(Ord. No. 16-8, 7-5-2016)

In approving any Variance Application, the HO may require such conditions that in the judgment of the HO are necessary to mitigate any negative effects of granting the variance and to secure the purposes of this Ordinance.

(Ord. No. 16-8, 7-5-2016)

Following a final decision of a Variance Application, the HO Recording Secretary shall provide the applicant with a written notice of the decision. The record of all variance applications shall be maintained by the HO Recording Secretary and the City Recorder. 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 Ordinance.

(Ord. No. 16-8, 7-5-2016)