The commission may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of lands, structures or buildings in other zones shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit.
A. Application And Standards For Variances: A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the administrator and the commission containing:
1. Name, address and phone 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 not applicable to other lands, structures or buildings in the same zone;
b. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this title;
c. That special conditions and circumstances do not result from the actions of the applicant;
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same zone; and
e. Payment of a filing fee in an amount as set by the Gem County board of commissioners by resolution.
A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant.
B. Supplementary Conditions And Safeguards: Under no circumstances shall the commission grant a variance to allow a use not permissible under the terms of this title in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. In granting any variance, the commission may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title.
C. Public Hearing: Upon receipt of the application for a variance, the commission shall hold a public hearing, publish notice in a newspaper and give written notice to all parties as required for special use permits.
D. Action By The Commission: Within thirty (30) days after the public hearing the commission shall either approve, conditionally approve or disapprove the request for a variance.
Upon granting or denying an application the commission 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.
E. Notification Of Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the requested variance. (Ord. 2009-05, 9-28-2009)