(1) Variance Defined: A variance is a modification of the bulk and placement requirements of the zoning ordinance as to one or more of the following items only:
A. Minimum lot area (square feet);
B. Minimum lot width;
C. Minimum lot frontage;
D. Minimum front yard setback;
E. Minimum rear yard setback;
F. Minimum interior side yard setback;
G. Minimum street side yard setback;
H. Maximum building height;
I. Minimum required parking spaces;
J. Any other zoning ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots.
(2) Application Process for A Variance:
A. Any person seeking a variance shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
B. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
(3) Hearing Process for A Variance:
A. Public notice and hearings shall be in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(4) Required Findings for Granting a Variance:
A. In the course of approving of any such request, the commission, must find and conclude that:
1. There has been a showing of undue hardship because of characteristics of the site which are either:
(A) Size, location, configuration, or dimensions of the site; or
(B) Topographic or other physical site conditions which render the site unique from adjoining properties.
2. Granting of the variance does not constitute a right or special privilege by the applicant.
3. Granting of the variance is not in conflict with the public interest.
4. Granting of the variance will not be injurious to the property or improvements of adjacent property owners or interfere with the enjoyment of such property or improvements thereon.
5. Granting of the variance will not be materially detrimental to the public health, safety, or welfare.
B. Denial of a variance request or approval of a variance request with conditions unacceptable to the applicant may be subject to the regulatory taking analysis provided for by section 67-8003 of the Idaho Code, consistent with the requirements established thereby.
(5) Appeal Process for A Variance:
A. The applicant or any property owner adjacent to the subject property may appeal the decision of the commission, or any condition of approval of the variance in accordance with the procedures set forth in 10-03-012 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 3576, 3-19-2024)