A variance shall only be used to modify setbacks, building height, yard or frontage requirements, and parking requirements on a lot or parcel of land prescribed by this title. Variances are not a property right and shall be reviewed by the zoning commission and approved by city council prior to construction. This review shall determine if the variance is in conflict with the public interest and that compliance with the specified ordinance restrictions would deny the property owner an otherwise permitted use on the property.
A. Application: Application for a variance shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the planning and zoning commission shall be submitted to the commission prior to scheduling a public hearing.
B. Variance Criteria: A variance may be granted if the planning and zoning commission finds that the proposed variance meets each of the following criteria:
1. The variance will not be detrimental to the public interest or other property in the vicinity of the proposed variance.
2. Compliance with setbacks, building height, yard or frontage requirements, and parking requirements prescribed would deny the property owner an otherwise permitted use on the property due to the parcel's peculiar physical characteristics.
C. Public Hearing:
1. Time Limitation: A public hearing before the planning and zoning commission shall be held on each complete application received by the commission within four (4) months of receiving the complete application.
2. Notice Of Hearing: Notice for the public hearing shall be given as set forth in Idaho Code section 67-6516.
3. Commission Determination: The planning and zoning commission shall determine whether the proposal conforms to the variance criteria set forth in subsection B of this section. Based on its determination, the zoning commission shall make a recommendation to the city council. The city council shall approve or deny the application for the variance.
4. Decision: The planning and zoning commission shall announce its decision and make a recommendation to the city council regarding its findings of fact and conclusions of law within forty (40) days of closing the public hearing. The city council will then make a decision within forty (40) days. A copy of the signed findings of fact and conclusions of law will be mailed to the applicant within forty eight (48) hours of them being signed.
D. Effective Date: No variance shall become effective nor shall any building or installation permit be issued until the fifteen (15) day appeal period has elapsed or until the city council has made a decision upon appeal.
E. Expiration Of Variance: A variance shall expire if the structure allowed by the variance is not physically established within one year of its effective date. (Ord. 749, 5-18-2015)