"Variance" is defined as a modification of the requirements in this Title regarding lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space and location, height of buildings or other provisions affecting the size or shape of a structure or the placement of a structure upon lots or the size of lots.

   A.   Form And Content: An application for a variance shall be filed with the Administrator by at least one holder of an interest in the real property for which such variance is proposed accompanied by the fee specified in Section 9-3-9 of this Title. This application shall include a map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries of the property in question, together with a list of the names and addresses of the owners of each parcel within the three hundred feet (300'). (Ord. 95-4, 3-20-1995; Ord. 93-6, 7-19-1993; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

Each application will be reviewed at a public hearing, for which adequate public notice will be given.

   A.   Certification; Hearing:

      1.   Certification And Acceptance Of Application: Upon receipt of the application and all other required data, the Administrator shall certify the application as complete and affix a date of application acceptance thereon.

      2.   Scheduling Of Hearing:

         a.   Regular Meeting: Allowing sufficient time to conduct a site visit and write staff reports, the Administrator shall then schedule the application to be heard by the Commission whenever the next regular agenda opening is available and the advertising requirements can be met.

         b.   Special Meeting: If no regular meeting time is available within ninety (90) days of certification, the Administrator shall call a special Commission meeting, to be held not more than three (3) weeks after the end of the ninety (90) days, to hear the application.

   B.   Notice: Notice of the time, date and place of the hearing and a summary of the proposal shall be given as follows:

      1.   Publication: One publication in the official newspaper or paper of general circulation within the county's jurisdiction at least fifteen (15) days prior to the hearing.

      2.   Notice To Property Owners: Notice to property owners or purchasers of record within:

         a.   The land being considered; and

         b.   Three hundred feet (300') of the external boundaries of the land being considered.

         c.   Notice to all Blaine County political subdivisions.

      3.   Supplying Of Names And Addresses: The applicant is responsible for providing the required names and addresses of property owners or purchasers of record to be notified.

   C.   Continuance Of Hearing Without Notice: In any public hearing on a variance application the commission may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required. (Ord. 95-4, 3-20-1995; Ord. 92-3, 5-11-1992; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

The commission has the authority to grant variances and shall consider the following factors in ruling on a variance application:

   A.   Whether the granting of the variance will conflict with the public interest as expressed in the Blaine County comprehensive plan.

   B.   Whether there are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the property or class of use in the zone or district.

   C.   Whether the granting of such relief will be detrimental to the public health, safety or welfare.

   D.   Whether the owner can derive a reasonable use of the owner's land without a variance.

   E.   Whether the variance will effect a change in zoning.

   F.   Whether the variance will be injurious to the property or improvements of others.

   G.   If the applicant or landowner with respect to an application for a variance under this chapter is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528. (Ord. 2001-03, 3-19-2001; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

The commission shall enter an order approving, conditionally approving or disapproving the application at the next regular meeting of the commission, together with the reasons therefor. In acting upon such applications, the commission may specify that approval shall be contingent upon the acceptance of conditions it deems necessary to protect the rights of all affected property owners and the general welfare. The application shall be denied upon a finding by the commission that granting such relief will be detrimental to the public health, safety or welfare. (Ord. 95-4, 3-20-1995; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

The administrator shall give the applicant written notice of the commission's decision by mail within ten (10) days after the commission has adopted the findings of fact and conclusions of law. (Ord. 92-3, 5-11-1992; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

A decision by the commission on a variance application may be appealed to the board through the procedure specified in section 9-32-4 of this title. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

No application for a variance which has been denied by the commission or the board, or withdrawn by the applicant, may be resubmitted within less than one year of the final date of action thereon. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)