A. Public Hearing, Notice: Prior to granting a variance, the planning and zoning commission shall hold a public hearing in which interested persons shall have an opportunity to be heard. The public hearing before the planning and zoning commission shall be scheduled to a date within thirty (30) days of receipt of an application. Within forty five (45) days after receipt of the application the planning and zoning commission shall make its recommendation to approve, conditionally approve or deny the application. Notice shall be provided as required by section 11A-8-13 of this chapter.
B. Action By The Planning And Zoning Commission And City Council: Within fifteen (15) days after the public hearing, the planning and zoning commission shall transmit its recommendation of approval, conditional approval or denial to the city council. Within forty five (45) days after receipt of the planning and zoning commission's recommendation, the city council shall approve or deny the application. The city council shall follow the notice requirements provided by section 11A-8-13 of this chapter. The city council may approve, conditionally approve or deny a variance request under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title. If the application is approved or approved with modifications, the city council shall direct the zoning administrator to issue a variance listing the specific conditions specified by the city council for approval.
Upon making its recommendation to the city council, and upon granting or denying an application, the planning and zoning commission or city council, as applicable, shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance.
C. Notice To Applicant: Within two (2) days after a written decision has been rendered, the zoning administrator shall provide the applicant with written notice of the action on the request. Such written notice shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. (Ord. 710, 1-14-2014)