19-6-111 - Variances -- Requirements for application -- Procedure.
19-6-111. Variances -- Requirements for application -- Procedure.
(1) (a) If the board determines that the application of, or compliance with, anyrequirements of this part would cause undue or unreasonable hardship to any person, it may issuea variance from any of those requirements.
(b) No variance may be granted except upon application for it.
(c) Immediately upon receipt of an application for a variance, the board shall give publicnotice of the application and provide an opportunity for a public hearing.
(d) A variance granted for more than one year shall contain a timetable for coming intocompliance with this part and shall be conditioned on adherence to that timetable.
(2) (a) Any variance granted under this section may be renewed on terms and conditionsand for periods which would be appropriate for the initial granting of a variance.
(b) No renewal may be granted except on application for it.
(c) Immediately upon receipt of an application for renewal, the board shall give publicnotice of the application and provide an opportunity for a public hearing.
(3) (a) The board may review any variance during the term for which it was granted.
(b) The procedure for review is the same as that for an original application and thevariance previously granted may be revoked upon a finding that the conditions and the terms uponwhich the variance was granted are not being met.
(4) (a) Any variance or renewal exists at the discretion of the board and is not a right ofthe applicant or holder.
(b) However, any person adversely affected by the granting, denying, or revoking of anyvariance or renewal by the board may obtain judicial review of the board's decision by filing apetition in district court within 30 days from the date of notification of the decision.
(c) The decision of the board may not be overturned upon review unless the court findsthat the actions of the board were arbitrary or capricious.
Renumbered and Amended by Chapter 112, 1991 General Session