The purpose of a variance is to assure that no property, because of the unusual and special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone and vicinity as a result of undue or unnecessary hardship caused by the literal interpretation of this title. (Ord. 263, 7-12-2005)

The City Council shall hear and decide all requests for variance from the standards set forth in this title. In granting any variance, the Council may impose conditions to safeguard and protect the public health, safety, and promote the general welfare, and to ensure that the development so authorized is in accordance with approved plans and is consistent with the objectives of this title. The extent of the variance may be reduced by the Council to conform with the findings required by this chapter. (Ord. 416, 3-21-2018)

The burden of proof to establish that findings of fact can be made as required by this chapter is on the applicant. (Ord. 263, 7-12-2005)

Application for a variance may be initiated by the verified application of the record owner or owners of the subject property or authorized agent thereof. (Ord. 263, 7-12-2005)

Applications for variance shall be made upon forms available from the City, and shall contain all information necessary to evaluate the proposal, including, but not limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data to support that the required findings of fact exist with respect to the proposed variance. The application shall contain a statement containing any facts, arguments, or grounds in support of the variance which the applicant wishes to make. Such applications and accompanying materials shall be filed with the City Clerk-Treasurer. (Ord. 263, 7-12-2005)

Filing fees in an amount specified by resolution of the City Council shall be paid upon the filing of each application for a variance for the purpose of defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. One variance application may request relief from more than one standard on a single piece of property, in which case one filing fee shall be charged. (Ord. 263, 7-12-2005)

When an application for a variance is filed, a public hearing shall be scheduled before the City Council. The City Clerk- Treasurer shall give notice of the public hearing specifying the date, time, and place of the hearing, and providing a general description of the nature and location of the proposal (including a location map when applicable). Such notice shall be given at least fifteen (15) days in advance of the hearing, all in accordance with the following: (Ord. 263, 7-12-2005)

   A.   The applicant for a variance shall obtain the names and addresses of all adjacent property owners/purchasers of record abutting the property and shall furnish these names and addresses to the City Clerk-Treasurer. If the property contiguous to that property proposed for variance is owned by the same person or entity, the owners of contiguous property to that owned by the applicant shall also be notified. The notice required by this chapter shall be provided to these property owners by first class mail by the City Clerk-Treasurer, but at the applicant's expense. (Ord. 263, 7-12-2005; amd. 2006 Code)

   B.   The City shall cause the notice required by this chapter to be posted, by the applicant, along all perimeter property lines on the property involved. Such posted notice shall be prominently displayed on a bright colored background, with the term "Public Notice" in large enough type to be visible from a vehicle on any adjacent street or alley, and to any person walking along adjoining interior property lines.

   C.   The City Clerk-Treasurer shall cause the notice required by this chapter to be posted at the City Hall, and at other public locations (such as the public library and the post office).

   D.   The City Clerk-Treasurer shall cause the notice required by this chapter to be published once in the official newspaper of the City.

   E.   The continuance of a public hearing through verbal motion at a regular or special meeting of the City Council, and posting of the continuance at the established posting places, shall be deemed as adequate notice to the public. (Ord. 263, 7-12-2005)

A variance shall be granted only if the City Council first finds, in a written determination, that:

   A.   Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zone; and

   B.   The literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other premises in the same zone under the terms of this title; and

   C.   Granting of the variance 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

   D.   The variance, either as proposed or as conditioned by the Council, is the minimum variance that will make possible the reasonable use of the land, building, or structure; and

   E.   Granting of the variance will be in harmony with the general intent and purpose of this title and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. 263, 7-12-2005)

   A.   The decision of the City Council shall be in writing, and shall be issued by e-mail to the applicant and parties of record (the applicant and those others who have provided written or oral testimony during the public hearing process and requested notice of the decision) within fifteen (15) days after City Council's written adoption of said notice of decision. Every notice of decision shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code, as it now exists or is subsequently amended.

   B.   The decision of the City Council shall set forth a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision. The City Council shall analyze all proposed variances to ensure that they are not in conflict with the policies of the Comprehensive Plan. (Ord. 410, 1-17-2017)

   A.   Reconsideration: Every applicant or affected person seeking judicial review of the City Council's final decision must first file with the City Council a written petition for reconsideration of the Council's decision, specifying deficiencies in the decision for which reconsideration is sought within fourteen (14) days after the date of the decision.

      1.   The City Council may reconsider its decision only if it finds any of the following:

         a.   There was a clerical error in the decision;

         b.   The decision resulted from fraud or mistake;

         c.   There is newly discovered evidence or a change in circumstances;

         d.   There was a procedural error;

         e.   The Council previously rejected the application by a tie vote; or

         f.   The decision was made in violation of substantive law.

      2.   The City Council shall review the petition for reconsideration at its next regular meeting and decide whether to reconsider the matter. If the City Council grants reconsideration in whole or in part, a hearing before the City Council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in section 8-4-6 of this chapter. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision, and paid in advance.

      3.   Following the hearing on the reconsideration, the City Council may affirm, reverse, or modify, in whole or in part, its prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the City Council fails to timely decide, the request for reconsideration is deemed denied.

   B.   Judicial Appeals: After a notice of decision is issued, or after a revised notice of decision is issued under a reconsideration proceeding, any aggrieved party with standing to appeal may appeal the decision to a court of competent jurisdiction. (Ord. 410, 1-17-2017)

Every right or privilege authorized by the grant of a variance shall terminate two (2) years after the granting of such variance, if variance implementation has not been initiated via appropriate permits, and also completed during such time frame. The Council may grant an extension for variance implementation for cause, not to exceed one (1) year. (Ord. 263, 7-12-2005)