Overview
In Utah, variances are defined in §10-20-1102/§17-79-1002 of Utah State Code (as amended).
Simply stated, a variance is a process that allows a property owner or other eligible applicant to request a modification or waiver of a specific requirement contained within a local land use ordinance as it applies to their property.
When a person or entity believes that a particular regulation creates an unnecessary hardship due to unique circumstances associated with their property, they may apply to the applicable appeal authority for a variance. If approved, the variance allows for limited adjustment to the regulation while still maintaining the overall intent and purpose of the community’s land use regulations.
Variances are intended to provide flexibility in situations where the strict application of a regulation creates a unique challenge for a specific property. They are not intended to eliminate zoning requirements, approve uses that are not allowed, or provide relief simply because compliance is difficult, expensive, or inconvenient. Variances are important because they recognize that good planning requires both consistency and flexibility.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
