VARIANCES

Salt Lake City Code tit. 21A, pt. II, ch. 21A.18

in effect

Salt Lake City Code § 21A.18.010 PURPOSE STATEMENT

21A.18.010: PURPOSE STATEMENT: The variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen particular applications of this title that create unreasonable hardships. When such hardships may be more appropriately remedied, if at all, pursuant to other provisions of this title, the variance procedure is inappropriate. (Ord. 26-95 § 2(9-1), 1995)

Salt Lake City Code § 21A.18.020 AUTHORITY

21A.18.020: AUTHORITY: As described in section 21A.06.040 of this title, the appeals hearing officer may grant variances from the provisions of this title only in compliance with the procedures set forth in section 21A.18.040 of this chapter and only in accordance with each of the standards enumerated in section 21A.18.060 of this chapter. (Ord. 8-12, 2012)

Salt Lake City Code § 21A.18.030 PARTIES ENTITLED TO SEEK VARIANCES

21A.18.030: PARTIES ENTITLED TO SEEK VARIANCES: Applications for variances may be filed by an owner of the property affected or by the property owner's authorized agent. All applications for variances shall be filed on forms approved by the zoning administrator. (Ord. 26-95 § 2(9-3), 1995)

Salt Lake City Code § 21A.18.040 PROCEDURES

21A.18.040: PROCEDURES: A. Application: An application for a variance shall be filed with the zoning administrator and shall include the following items and information unless determined inapplicable by the zoning administrator: 1. Written Information: a. The property owner's name and address and the owner's signed consent to the filing of the application; b. The applicant's name and address, if different than the owner, and the applicant's interest in the subject property; c. The names and addresses of all professional consultants, if any, advising the applicant with respect to the application; d. The address and legal description of the subject property; e. Sidwell map numbers identifying the property; and f. Noticing and posting requirements shall be met as specified in chapter 21A.10 of this title. 2. Graphic Information: a. A site plan drawn to scale identifying all property lines, structures, including primary and accessory structures, fences, right of way, and their respective distances from the property lines; b. An elevation drawing to scale showing all elevations of existing and proposed structures; c. When the variance involves building height a streetscape plan showing the height of the buildings on both sides of the street to the nearest intersection; d. When the variance involves grade changes, a topographical drawing prepared by a licensed surveyor shall be included. The existing topography shall be shown in dashed lines at two foot (2') intervals and the proposed grade shall be shown in solid lines at two foot (2') intervals. All retaining walls shall be identified and the height shall be shown on the plan relative to the proposed grades. Retaining walls shall be designed by a structural engineer licensed to practice in the state; and e. When a variance request involves required yard setbacks or height or grade changes a complete landscape plan shall be provided. Plans shall show landscape design and identify all species and caliper of proposed plants. 3. Variance Information: a. The specific feature or features of the proposed use, construction or development that require a variance; b. The specific provision of this title from which the variance is sought and the precise variance being sought; c. A statement of the characteristics of the subject property that prevent compliance with the provisions of this title and result in unnecessary hardship; d. A statement of the minimum variation of the provisions of this title that would be necessary to permit the proposed use, construction or development; e. An explanation of how the application satisfies each standard set forth in section 21A.18.060 of this chapter; and f. Any other information identified by the zoning administrator to be pertinent to the requested variance. B. Fees: The application shall be accompanied by the applicable fees shown on the Salt Lake City consolidated fee schedule. The applicant shall also be responsible for payment of all fees established for providing the public notice required by chapter 21A.10 of this title. C. Public Meeting: Upon receipt of a complete application for a variance, the appeals hearing officer shall hold a public meeting with notice provided in accordance with the noticing procedure for a public hearing found in chapter 21A.10 of this title. Written comments may be submitted by 5:00 p.m. the day prior to the public meeting. D. Action By Appeals Hearing Officer: Upon the close of the hearing the appeals hearing officer shall render its decision, granting, granting with conditions, or denying the variance. (Ord. 46-25, 2025: Ord. 10-24, 2024: Ord. 10-16, 2016)

Salt Lake City Code § 21A.18.050 PROHIBITED VARIANCES

21A.18.050: PROHIBITED VARIANCES: The appeals hearing officer shall not grant a variance that: A. Is intended as a temporary measure only; B. Is greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant; or C. Authorizes uses not allowed by law (i.e., a "use variance"). (Ord. 8-12, 2012)

Salt Lake City Code § 21A.18.060 STANDARDS FOR VARIANCES

21A.18.060: STANDARDS FOR VARIANCES: Subject to the prohibitions set forth in section 21A.18.050 of this chapter, and subject to the other provisions of this chapter, the appeals hearing officer may grant a variance from the terms of this title only if: A. General Standards: 1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title; 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 district; 4. The variance will not substantially affect the general plan of the city and will not be contrary to the public interest; and 5. The spirit of this title is observed and substantial justice done. B. Circumstances Peculiar To Property: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship unless: 1. The alleged hardship is related to the size, shape or topography of the property for which the variance is sought; and 2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. C. Self-Imposed Or Economic Hardship: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship if the hardship is self- imposed or economic. D. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A of this section, the appeals hearing officer may find that special circumstances exist only if: 1. The special circumstances relate to the alleged hardship; and 2. The special circumstances deprive the property of privileges granted to other properties in the same zoning district. (Ord. 8-12, 2012)

Salt Lake City Code § 21A.18.070 VARIANCE LESS THAN REQUESTED

21A.18.070: VARIANCE LESS THAN REQUESTED: A variance less than or different than that requested may be authorized when the record supports the applicant's right to some relief but not to the relief requested. (Ord. 26-95 § 2(9-7), 1995)

Salt Lake City Code § 21A.18.080 CONDITIONS ON VARIANCES

21A.18.080: CONDITIONS ON VARIANCES: In authorizing a variance, the appeals hearing officer may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest to mitigate any harmful effects of the variance or that will serve the purpose of the standard or requirement that is waived or modified. The appeals hearing officer may require a guarantee or bond to ensure that the conditions imposed will be followed. These conditions shall be expressly set forth in the appeals hearing officer's motion granting the variance. Violation of any condition or limitation on the grant of a variance shall be a violation of this title and shall constitute grounds for revocation of the variance. (Ord. 8-12, 2012)

Salt Lake City Code § 21A.18.090 EFFECT OF GRANTING A VARIANCE

21A.18.090: EFFECT OF GRANTING A VARIANCE: 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 shall merely authorize the preparation, filing and processing of applications for any permits and approval that may be required by the regulations of the city. (Ord. 3-26, 2026: Ord. 26-95 § 2(9-9), 1995)

Salt Lake City Code § 21A.18.100 LIMITATIONS ON VARIANCES

21A.18.100: LIMITATIONS ON VARIANCES: Subject to an extension of time granted upon application to the planning director no variance shall be valid for a period longer than one year unless a building permit is issued or complete building plans have been submitted to the division of building services and licensing within that period. The planning director may grant an extension of a variance for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact. Extension requests must be submitted prior to the expiration of the variance. (Ord. 11-10 § 4, 2010)

Salt Lake City Code § 21A.18.110 APPEAL OF DECISION

21A.18.110: APPEAL OF DECISION: Any person adversely affected by a final decision made by the appeals hearing officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is rendered. (Ord. 8-12, 2012)

Salt Lake City Code § 21A.18.120 STAY OF DECISION

21A.18.120: STAY OF DECISION: A final decision of an appeals hearing officer may be stayed as provided for in section 21A.16.050 or its successor. (Ord. 48-21, 2021: Ord. 8-12, 2012)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-63794Fetched: 11/1/2026