Can I get a variance?

To qualify for a variance, the Utah State Code requires that the applicant fulfill 5 requirements:

  1. Literal enforcement of the land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the ordinance.
  2. There are special circumstances attached to the property that do not generally apply to other properties in the same district.
  3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.

  4. The variance will not substantially affect the general plan and will not be contrary to the public interest.

  5. The spirit of the zoning ordinance is observed and substantial justice is done.

An Appeal Authority will determine if all 5 of these requirements are meant.

Show All Answers

1. What is zoning?
2. What is my property zoned?
3. Can I build a shed or accessory structure on my property?
4. Can I get a variance?
5. How do I subdivide my property?
6. How many animals can I have on my property?
7. What easements do I have on my property?
8. What is the difference between an easement and a setback?
9. Where can I put my fence?