Skip to code content (skip section selection)
A. Authority: Whenever a tract to be subdivided is of such unusual size or shape or is surrounded by such developments or unusual conditions that the strict application of this title would result in substantial hardship or inequity, the council may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so, at the same time, the public welfare and interests of the city are protected, the general intent and spirit of this title is preserved, and conformity to achievement of the comprehensive general plan is assured. (Ord. 228, 12-15-1981)
B. Request For Variance: In requesting any such modification or variance, a subdivider or his engineer shall make written request to the planning and zoning commission. Such request, together with such related data and maps as necessary to fully illustrate the relief sought, shall be referred by the city engineer in writing to the planning and zoning commission.
C. Hearing; Planning And Zoning Commission Recommendations: The planning and zoning commission shall act upon such request by holding public hearings in compliance with the Idaho Code, and make recommendations to the city council at its next regular meeting or within thirty (30) days. If no recommendation is made within such time, the approval of the request shall be considered to have been recommended.
D. Council Action: The council, after receiving the recommendations of the planning and zoning commission, shall act upon such request at its next regular meeting. Approval of such modifications shall require a majority vote of the regular membership of the council. (Ord. 228, 12-15-1981; amd. 2015 Code)
E. Conditions Of Variance: In granting variances from and/or modifications to this title, the council may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
F. Appeals: Any person, firm or corporation may appeal the decision of the council to the district court in the same manner and within the same time as other appeals may be taken from orders of the council. (Ord. 228, 12-15-1981)