The council may authorize in specific cases such variance from the terms of this code as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this code would result in unnecessary hardship. A variance is a modification of the bulk and placement requirements of this code as to lot size, lot coverage, width, depth, setbacks, height or other ordinance provisions affecting the size or shape of a structure or placement of a structure upon lots or the size of lots. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this code would result in unnecessary hardship. Finally, the reason for a variance was not caused by the owner's, or previous owner's, actions.
A. Application And Standards For Variances: A variance from the terms of this code shall not be granted by the council unless and until a written application for a variance is submitted to the council containing:
1. Name, address, and telephone number of applicant(s);
2. Legal description of property;
3. Description of nature of variance requested; and
4. A narrative statement demonstrating that the requested variance conforms to the following standards:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
b. That a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this code.
c. That special conditions and circumstances do not result from the actions of the applicant; and
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, structures, or buildings in the same district.
A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it that support conclusions that the above mentioned standards and conditions have been met by the applicant.
B. Findings: No variance shall be favorably acted upon by the city council without a written recommendation from the city planning and zoning commission, resulting from a public hearing, study and/or investigation, and unless there is a finding that all of the following exist:
1. That there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular zoning lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying strictly with the use or bulk provisions of this code; and that the alleged practical difficulties or unnecessary hardships are not due to circumstances created generally by the strict application of such provisions in the neighborhood or district in which the zoning lot is located.
2. That because of such physical conditions, there is no reasonable possibility that the development of the zoning lot, in strict conformity with the provisions of this code, will bring a reasonable return, and that the granting of such a variance is therefore necessary to enable the owner to realize a reasonable return from such a zoning lot.
3. That the variance, if granted, will not alter the essential character of the neighborhood or district in which the zoning lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not adversely affect the public health, safety or welfare of the community at large and the neighborhood.
4. That the practical difficulties or unnecessary hardships claimed as a ground for a variance have not been created by the owner or by a predecessor in title. Where all other required findings are made, the purchase of a zoned lot subject to the restrictions sought to be varied shall not itself constitute a self-created hardship.
5. That within the intent and purpose of this code, the variance, if granted, is the minimum variance necessary to afford relief; and to this end, the city council may permit a lesser variance than that applied for.
6. That such variance will not violate the provisions of the Idaho Code.
7. That no nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings or other districts shall be considered grounds for the issuance of a variance.
8. That the applicant for a variance has shown sufficient proof that strict compliance will result in unnecessary hardship or practical difficulties; and that the city has not provided contrary evidence justifying that the restriction is reasonably related to the legitimate exercise of zoning.
9. That such a variance will not have the effect of nullifying the interest, purpose, spirit and intent of this code and that of the comprehensive development plan 1 .
C. Supplementary Conditions And Safeguards: In granting a variance, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this code. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code.
D. Actions By The City Officials:
1. Planning And Zoning Commission Action: Within forty five (45) days of the first regularly scheduled meeting after submission of the written application, the planning and zoning commission shall either approve, conditionally approve or disapprove the application as presented, and within fifteen (15) days forward a written recommendation to the city council.
2. City Council Action: Within forty five (45) days of the first regularly scheduled meeting following the submission of the planning and zoning commission's recommendation, the city council shall either approve, conditionally approve or disapprove the recommendation as presented, and within ten (10) days notify the applicant with written notice of the action on the request.
3. Denial Of Request: Where the commission or the council is unable to make an adequate or appropriate decision concerning the effects of the request on the public health, safety and welfare of the community and the neighborhood at large, and it feels that the results of the public hearings would be inadequate, the commission may deny the request and the council disapprove the request and recommendation prior to the hearing, under the provision that an in depth study of the issues commence immediately.
E. Appeals: Where the applicant or any affected person who appears in person or in writing is denied his request by the planning and zoning commission, he may appeal the decision to the city council, provided the appeal is submitted within fifteen (15) days from the negative decision. Upon receipt of an appeal, the city council shall set a hearing date to consider all the information, testimony and minutes of meetings and public hearings to reach a decision to uphold, conditionally uphold or overrule the decision of the planning and zoning commission. The action shall only be overruled by a favorable vote of one-half (1/2) plus one of the full officiating body. (Ord. 499, 4-16-2009)
Notes
| 1 | 1. See title 9, chapter 1 of this code. |