A. Definition: A variance is a modification of the bulk and placement requirements of this title as to lot size, lot width, lot depth; front yard, side yard, rear yard setbacks; parking space requirements, height of buildings, or other ordinance provisions adversely affecting the development or use of property. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest.
B. Application: A variance application shall be filed with planning and development services and include all required information and payment of fees listed on the application form.
C. Hearings And Notices: Upon receipt of a complete variance application, a hearing date shall be scheduled, notice of the hearing will be provided, and a hearing will be held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.
D. Applicability: A variance shall concern only the modification of a basic use permitted outright or other development regulation pertaining to the applicable zoning district of the subject property under the current provisions of this title.
E. Authority To Grant: The hearing examiner may approve, approve with conditions, or modification, or deny an application for a variance. The decision may be appealed by the applicant or other affected persons according to the provisions of Idaho Code section 67-6521. Said appeal is to the city council pursuant to the process outlined in section 17.02.400, "Appeals", of this chapter.
F. Criteria For Review: The facts and circumstances of each proposal shall be reviewed, and a decision rendered, in the form of written findings of fact that address all of the following criteria:
1. The applicant shall have taken all reasonable steps to comply with the strict terms of the ordinance from which he or she requests the variance.
2. The variance sought must be the result of unusual physical characteristics of the site in question.
3. The circumstances surrounding the variance request shall be due to an undue hardship as related to the characteristics of the land, and the applicant shall show that, absent a variance, he/she would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of this title.
4. The undue hardship cited as the basis of a variance request did not result from the actions of the applicant, or the current, or a prior landowner, or any of their agents.
5. The applicant shall demonstrate that the proposed variance does not adversely affect adjacent/nearby property.
G. Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances.
H. Burden Of Proof: The burden of proof that the proposed variance complies with all of the variance criteria as described under subsection F of this section is the responsibility of the applicant. The applicant must support their case with substantial and competent evidence.
I. Variance Expiration: Authorization for an approved variance shall be valid for a period of two (2) years from the date of approval. The approval shall become null and void in the event implementation of the variance and all conditions is not established within a two (2) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved. The time period for an approved permit may be extended subject to subsection J of this section.
J. Time Extension: An applicant who has been granted a variance may request a time extension that is not to exceed an additional one (1) year period. A request for a time extension must be submitted in writing prior to the expiration of the approved variance permit. The director may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A time extension request that is denied by the director may be appealed pursuant to section 17.02.400 of this chapter. (Ord. 3132, 2023: Ord. 3044, 2020: Ord. 2931, 2014)