The board may, from time to time, by duly enacted ordinance, amend, supplement, change or vary this title. However, no such amending ordinance shall be passed except in the following manner:
A. The person or party so desiring such amendment, variance or change shall file a petition in the form provided by the county, directed to the commission, together with a filing fee as established by resolution of the board, not less than fourteen (14) days prior to a regular meeting of the commission. The administrator shall immediately forward appropriate copies of the petition to any officer or administrative department affected by said petition.
B. The administrator shall fix a time for hearing on the petition. Notice shall be given of the time and place of such hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing the notice thereof in one or more newspapers published in the county as required by Idaho Code 1 .
C. The commission shall hear the petition and evidence related thereto and make its recommendations to the board within a reasonable time, but in no event more than forty five (45) days after its final adjournment of the hearing. At the hearing, parties in interest may appear in person or by agent or attorney and testify and offer evidence relevant and material to the petition.
D. The commission shall consider variances to the terms of this title which will not be contrary to the public interest or comprehensive plan, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance, the commission shall make full investigation and shall only recommend granting a variance upon finding that the following are true:
1. The granting of the variance will not be in conflict with the spirit and intent of the comprehensive plan for the county and will not effect a change in zoning;
2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved causing undue hardship which, so that a denial of the relief sought, will result in:
a. Undue loss in value of the property.
b. Inability to preserve the property rights of the owner.
c. Such hardship shall be proven by the owner.
3. The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property improvements.
4. The reason for a variance was not caused by the owner's or previous owner's actions.
No variation or amendment shall be allowed to permit a nonconforming use which will materially interfere with use of the adjoining property in that the reason for a variance was not caused by the owner's or previous owner's actions.
E. The variance shall be in conformance with the regulations applicable to the use zone in which it is located.
F. Any variance granted pursuant to the terms of this section must be fully implemented within one year (365 days) of the granting of said variance, or said variance shall cease and no longer be considered granted by the board. (Ord. 51, 9-2-2003)
Notes
| 1 | 1. IC §§67-6509, recommendation and adoption; 67-6511, zoning ordinance; 67-6512, special use permits conditions; and 67-6516, variance. |