Full text of Utah Utah Code § 17-79-1002 — Variances., with citation guidance and answers to common questions.
§ 17-79-1002. Variances.
Effective 11/6/2025
17-79-1002.
Variances.
| (1) | 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 the person or entity owns, leases, or in which the person or entity holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance. |
| (2) |
| (a) | The appeal authority may grant a variance only if:
| (i) | 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; |
| (ii) | there are special circumstances attached to the property that do not generally apply to other properties in the same zone; |
| (iii) | granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; |
| (iv) | the variance will not substantially affect the general plan and will not be contrary to the public interest; and |
| (v) | the spirit of the land use ordinance is observed and substantial justice done. |
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| (b) |
| (i) | 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:
| (A) | is located on or associated with the property for which the variance is sought; and |
| (B) | comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. |
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| (ii) | 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. |
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| (c) | 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:
| (i) | relate to the hardship complained of; and |
| (ii) | deprive the property of privileges granted to other properties in the same zone. |
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| (3) | The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. |
| (4) | Variances run with the land. |
| (5) | The appeal authority may not grant a use variance. |
| (6) | In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
| (a) | mitigate any harmful affects of the variance; or |
| (b) | serve the purpose of the standard or requirement that is waived or modified. |
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Renumbered and Amended by Chapter
14, 2025 Special Session 1
Frequently Asked Questions About Utah § 17-79-1002
What does Utah Code § 17-79-1002 cover?
Section 17-79-1002 ("Variances.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 17-79-1002?
A common citation format is "Utah Code § 17-79-1002" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 17-79-1002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
