17.20.080 Design and improvement standards–Variance.
Where in the opinion of the governing body, the literal enforcement of the design and improvement standards in this division would result in an unreasonable utilization of land and water or undue hardship due to unique circumstances, variances may be issued from one (1) or more of the design improvement standards according to the following procedure:
1. Application for a variance shall be made to the governing body and shall include:
a. A description of the land to be developed;
b. An identification of the division provision from which the variance is requested;
c. A description of the peculiar physical conditions pertaining to the land in question and which do not pertain to other lands in the general area;
d. A description of the hardships which will accrue to the detriment of the property owner if the requested variance is not granted;
e. A nonrefundable variance review fee, payable to the local jurisdiction, in accordance with the currently applicable fee schedule as adopted by resolution of the local governing body.
2. The governing body shall submit the variance application to the planning commission for review and comments upon receipt of the application.
3. The planning commission shall review the variance application and shall submit its written recommendations for approval or disapproval and such applications to the governing body, along with written reasons therefor within thirty (30) calendar days from receipt of the application from the governing body at a regularly scheduled meeting of the planning commission.
4. The governing body shall hold a public hearing before granting the variance. Notice of the public hearing shall be given pursuant to Section 10-9a-204 of the Utah Code, as may be amended. The hearing shall be held no later than thirty (30) calendar days from receipt by the governing body of the recommendations of the Planning Commission and no less than the fifteen (15) calendar days from the publication of notice.
5. Subsequent to and within fifteen (15) calendar days of the public hearing, the governing body shall approve or deny the request for a variance. A variance shall be granted only if the governing body makes a finding upon the record submitted to it that the issuance of a variance will be in the interest of the public safety, health, or welfare and the proposed development complies with the local master plan and the local zoning ordinance.
6. A record of all correspondence, recommendations, submissions, and official action regarding all variance applications shall be maintained for a reasonable time by the local jurisdiction as a public record. (Ord. 2021-14 §13, amended, 2021; Ord. 111 §1, amended, 1985; Prior code §12-107-1(G))