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15.28.140. Variance procedure

            (1)        Appeal board.

                        (a)        The Board of Adjustment as established by Layton City shall hear and decide appeals and requests for variances from the requirements of this Chapter.

                        (b)        The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City Engineer.

                        (c)        Those aggrieved by the decision of the Board of Adjustment may appeal such decision, as provided by law.

                        (d)        In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other Sections of this Chapter, and:

                                    (i)         the danger that materials may be swept onto other lands to the injury of others;

                                    (ii)        the danger to life and property due to flooding or erosion damage;

                                    (iii)       the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

                                    (iv)       the importance of the services provided by the proposed facility to the community;

                                    (v)        the availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage;

                                    (vi)       the compatibility of the proposed use with existing and anticipated development;

                                    (vii)      the relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

                                    (viii)     the safety of access to the property in times of flood for ordinary and emergency vehicles;

                                    (ix)       the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

                                    (x)        the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets, and bridges.

                        (e)        Upon consideration of the factors of Section 15.28.140(d) and the purposes of this Chapter, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

                        (f)        The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

            (2)        Conditions for variances.

                        (a)        Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Section.  Variances issued for the repair or rehabilitation of historic structures shall be granted only upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

                        (b)        Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

                        (c)        Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

                        (d)        Variances shall only be issued upon:

                                    (i)         a showing of good and sufficient cause;

                                    (ii)        a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

                                    (iii)       a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 15.28.140(d), or conflict with existing local laws or ordinances.

                        (e)        Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built in accordance with the conditions established by the Board of Adjustment and that the cost of flood insurance will be commensurate with the increased risk of flooding.

            (3)        Variances distinguished.  The variances authorized in this Title are not to be equated by those authorized in Title 19.  The variances granted pursuant to this Title 15 are not to run with the land nor be permanent.  These variances are to grant a temporary relief and may be revoked upon a subsequent determination of detrimental results attributable to said variances.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 944, Amended, 12/5/1991
Ord. No. 97-17, Amended, 4/3/1997
Ord. No. 07-24, Amended, 7/5/2007

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