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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-1102

Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest…

Source excerpt

appeal authorityenforcementhardshipordinance complianceproperty usevariancevarianceszoning
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the”

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Variances.

Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the

Section 10-20-1102

Subsection 10-20-1102(2)(a)(iii)

granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

Section 10-20-1102(2)(a)(iii)

Subsection 10-20-1102(3)

The applicant must prove that all conditions justifying a variance have been met.

Section 10-20-1102(3)

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Source record from le.utah.gov · Legal dates not recorded

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Showing 23 of 23 provisions

Provision 23

Part 10-20-11

part 10-20-11 Appeal Authority, Variances, and District Court Review

§ 10-20-1102Variances.Provision

Source excerpt

Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the

Variances. Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance. The appeal authority may grant a variance only if: 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 ordinances; there are special circumstances attached to the property that do not generally apply to other properties in the same zone; granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; the variance will not substantially affect the general plan and will not be contrary to the public interest; and the spirit of the land use ordinance is observed and substantial justice done. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship unless 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. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. In determining whether or not there are special circumstances attached to the property under Subsection (2)(a) , the appeal authority may find that special circumstances 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 zone. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. Variances run with the land. The appeal authority may not grant a use variance. In granting a variance, the appeal authority may impose additional requirements on the applicant that will: mitigate any harmful affects of the variance; or serve the purpose of the standard or requirement that is waived or modified.
Section 10-20-1102Verify source
§ 10-20-1102(1)Subsection 10-20-1102(1)Provision

Source excerpt

Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable

Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.
Section 10-20-1102(1)Verify source
§ 10-20-1102(2)Subsection 10-20-1102(2)Provision

Source excerpt

The appeal authority may grant a variance only if several hardship, property, and public-interest conditions are met.

The appeal authority may grant a variance only if: 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 ordinances; there are special circumstances attached to the property that do not generally apply to other properties in the same zone; granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; the variance will not substantially affect the general plan and will not be contrary to the public interest; and the spirit of the land use ordinance is observed and substantial justice done. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship unless 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. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. In determining whether or not there are special circumstances attached to the property under Subsection (2)(a) , the appeal authority may find that special circumstances 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 zone.
Section 10-20-1102(2)Verify source
§ 10-20-1102(2)(a)Subsection 10-20-1102(2)(a)Provision

Source excerpt

The appeal authority may grant a variance only if five listed conditions are met.

The appeal authority may grant a variance only if: 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 ordinances; there are special circumstances attached to the property that do not generally apply to other properties in the same zone; granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; the variance will not substantially affect the general plan and will not be contrary to the public interest; and the spirit of the land use ordinance is observed and substantial justice done.
Section 10-20-1102(2)(a)Verify source
§ 10-20-1102(2)(a)(i)Subsection 10-20-1102(2)(a)(i)Provision

Source excerpt

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 ordinances;

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 ordinances;
Section 10-20-1102(2)(a)(i)Verify source
§ 10-20-1102(2)(a)(ii)Subsection 10-20-1102(2)(a)(ii)Provision

Source excerpt

there are special circumstances attached to the property that do not generally apply to other properties in the same zone;

there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
Section 10-20-1102(2)(a)(ii)Verify source
§ 10-20-1102(2)(a)(iii)Subsection 10-20-1102(2)(a)(iii)Provision

Source excerpt

granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
Section 10-20-1102(2)(a)(iii)Verify source
§ 10-20-1102(2)(a)(iv)Subsection 10-20-1102(2)(a)(iv)Provision

Source excerpt

the variance will not substantially affect the general plan and will not be contrary to the public interest; and

the variance will not substantially affect the general plan and will not be contrary to the public interest; and
Section 10-20-1102(2)(a)(iv)Verify source
§ 10-20-1102(2)(a)(v)Subsection 10-20-1102(2)(a)(v)Provision

Source excerpt

the spirit of the land use ordinance is observed and substantial justice done.

the spirit of the land use ordinance is observed and substantial justice done.
Section 10-20-1102(2)(a)(v)Verify source
§ 10-20-1102(2)(b)Subsection 10-20-1102(2)(b)Provision

Source excerpt

The appeal authority may not find an unreasonable hardship unless the hardship is tied to the property, is due to circumstances peculiar to that property, and is not general neighborhood conditions; it also may not find one if the hardship is self-imposed or economic.

In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship unless 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. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
Section 10-20-1102(2)(b)Verify source
§ 10-20-1102(2)(b)(i)Subsection 10-20-1102(2)(b)(i)Provision

Source excerpt

The appeal authority may not find an unreasonable hardship unless the alleged hardship is tied to the property and arises from property-specific circumstances.

In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship unless 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.
Section 10-20-1102(2)(b)(i)Verify source
§ 10-20-1102(2)(b)(i)(A)Subsection 10-20-1102(2)(b)(i)(A)Provision

Source excerpt

is located on or associated with the property for which the variance is sought; and

is located on or associated with the property for which the variance is sought; and
Section 10-20-1102(2)(b)(i)(A)Verify source
§ 10-20-1102(2)(b)(i)(B)Subsection 10-20-1102(2)(b)(i)(B)Provision

Source excerpt

comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
Section 10-20-1102(2)(b)(i)(B)Verify source
§ 10-20-1102(2)(b)(ii)Subsection 10-20-1102(2)(b)(ii)Provision

Source excerpt

The appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.

In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a) , the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
Section 10-20-1102(2)(b)(ii)Verify source
§ 10-20-1102(2)(c)Subsection 10-20-1102(2)(c)Provision

Source excerpt

The appeal authority may find special circumstances only if they relate to the hardship complained of and deprive the property of privileges given to other properties in the same zone.

In determining whether or not there are special circumstances attached to the property under Subsection (2)(a) , the appeal authority may find that special circumstances 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 zone.
Section 10-20-1102(2)(c)Verify source
§ 10-20-1102(2)(c)(i)Subsection 10-20-1102(2)(c)(i)Provision

Source excerpt

relate to the hardship complained of; and

relate to the hardship complained of; and
Section 10-20-1102(2)(c)(i)Verify source
§ 10-20-1102(2)(c)(ii)Subsection 10-20-1102(2)(c)(ii)Provision

Source excerpt

deprive the property of privileges granted to other properties in the same zone.

deprive the property of privileges granted to other properties in the same zone.
Section 10-20-1102(2)(c)(ii)Verify source
§ 10-20-1102(3)Subsection 10-20-1102(3)Provision

Source excerpt

The applicant must prove that all conditions justifying a variance have been met.

The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
Section 10-20-1102(3)Verify source
§ 10-20-1102(4)Subsection 10-20-1102(4)Provision

Source excerpt

Variances run with the land.

Variances run with the land.
Section 10-20-1102(4)Verify source
§ 10-20-1102(5)Subsection 10-20-1102(5)Provision

Source excerpt

The appeal authority may not grant a use variance.

The appeal authority may not grant a use variance.
Section 10-20-1102(5)Verify source
§ 10-20-1102(6)Subsection 10-20-1102(6)Provision

Source excerpt

When granting a variance, the appeal authority may add requirements for the applicant.

In granting a variance, the appeal authority may impose additional requirements on the applicant that will: mitigate any harmful affects of the variance; or serve the purpose of the standard or requirement that is waived or modified.
Section 10-20-1102(6)Verify source
§ 10-20-1102(6)(a)Subsection 10-20-1102(6)(a)Provision

Source excerpt

mitigate any harmful affects of the variance; or

mitigate any harmful affects of the variance; or
Section 10-20-1102(6)(a)Verify source
§ 10-20-1102(6)(b)Subsection 10-20-1102(6)(b)Provision

Source excerpt

serve the purpose of the standard or requirement that is waived or modified.

serve the purpose of the standard or requirement that is waived or modified.
Section 10-20-1102(6)(b)Verify source

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