A. Appeals: Any person may appeal any decision of the Administrator to the PZC and any decision of the PZC to the BOCC using the procedure described herein:
1. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is mailed. The appellant shall file a properly completed appeals form, the required supporting materials, and the required deposit for the appeals fee with the Administrator. The appellant shall agree to be responsible for the actual costs incurred by the County in completing the appeal. The deposit shall be in an amount set by the Building Administrator. After completion of the appeals process, the appellant shall be presented a final costs bill by the commission and shall pay or be refunded the difference between the actual costs and the deposit. Actual costs shall include the following: all costs associated with providing legal notice pursuant to this title and Idaho law such as publication, posting and mailings; costs associated with conducting required public hearings including travel expenses incurred by County Planning and Zoning representatives, County Commissioners and Building Administrator; legal fees incurred by the County in providing legal advice to the Board or commission, preparation of findings of fact and conclusions of law, legal research and attendance at the appeal hearing(s); and any other expense directly related to preparing for, conducting and deliberating after the appeal hearing.
2. The Administrator shall place a hearing on the appeal on the agenda of the next regular PZC/BOCC meeting for which the notice requirements can be met. Notice requirements for an appeal shall be the same as for the permit application.
3. The PZC/BOCC shall conduct a hearing on the appeal following the procedure established in this subsection A. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.
4. The PZC/BOCC shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify, or overturn that decision accordingly.
5. On appeal of a decision from the Planning and Zoning Commission to the BOCC, the appeal shall be on the record established by the Planning and Zoning Commission and shall be limited to whether the Planning and Zoning Commission's findings and conclusions are supported by substantial, competent evidence and are proper under the law.
6. The Administrator shall notify the appellant and interested parties of the PZC/BOCC decision promptly.
B. Variances: Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this title is strictly enforced. Applications for variances shall follow the procedure described herein. Whenever the need for a variance is anticipated, the application for a variance may be combined with a lot split, subdivision, development, or special use permit. Where an application for a variance is combined with an application for a lot split or building permit, that permit shall be approved or disapproved by the PZC along with the variance.
1. The developer shall file a properly completed application form, including a site plan, the required supporting materials, and the required application fee with the Administrator.
2. The Administrator shall place a hearing on the variance on the agenda of the next regular PZC meeting for which the notice requirements can be met.
3. The PZC shall conduct a hearing on the proposed variance. No application for a variance shall be approved if the developer or a representative is not present.
4. The PZC shall approve a variance only upon finding that:
a. The need for a variance results from physical limitations unique to the lot on which the variance is requested;
b. Failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot is possible without a variance;
c. The alleged hardship has not been created by action of the lot's owner or occupants;
d. Approval of the variance will not create a nuisance or result in potential harm to adjoining properties or the neighborhood;
e. Approval of the variance will not have an adverse effect on the implementation of the comprehensive plan; and
f. The variance is the minimum relief from the requirements of this title necessary to permit a reasonable conforming use.
g. Additional findings may be required for variances in the Airport Safety or Floodplain Overlay Districts.
5. Conditions may be attached to the approval of a variance, as provided in subsection 10-2-2J of this chapter.
6. The Administrator shall notify the developer and interested parties of the PZC's decision promptly.
7. The PZC's decision may be appealed to the BOCC using the appeals procedure of subsection A of this section. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period. (Ord. 2019-01, 1-14-2019)