Bonners Ferry City Zoning Code

   A variance is a modification of the bulk and placement requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, and rear yard setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of the lot. 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 characteristics of the site and that the variance is not in conflict with the public interest.

(Ord. 621, 5-20-2025)

   An application for a variance shall be filed with the clerk by the property owner for which such variance is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant;

   B.   Legal description of property, with street address, if possible;

   C.   Description of existing use;

   D.   Zoning district;

   E.   Description of proposed variance;

   F.   A narrative statement indicating the reasons for the variance;

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;

   H.   Any additional information that the zoning administrator determines is necessary to complete the application; and

   I.   A fee as set by resolution of the city council.

(Ord. 621, 5-20-2025)

   The planning commission shall consider the evidence of record and testimony and shall only recommend granting a variance upon finding that the following are true:

   A.   That there are exceptional or extraordinary physical circumstances or conditions, applicable to the property involved, or the intended use thereof, causing undue hardship, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:

      1.   Undue loss in value of the property;

      2.   Inability to preserve the property rights of the owner;

      3.   The prevention of reasonable enjoyment of any property right of the owner;

   B.   That such hardship shall be proven by the owner;

   C.   That 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; and

   D.   That the reason for a variance was not caused by actions of the owner or previous owner.

(Ord. 621, 5-20-2025)

   Conditions of approval may be applied to ensure the development is in compliance with the intent of the variance.

(Ord. 621, 5-20-2025)

   The method of notice and public hearing procedures shall be in accord with Idaho Code.

(Ord. 621, 5-20-2025)

   The commission shall consider the application, evidence, and testimony related to the request, and shall make its recommendations to the council.

(Ord. 621, 5-20-2025)

   A.   The council may require a public hearing before making a decision.

   B.   The council shall consider the application and evidence related thereto and make its decision after receiving the recommendation from the commission.

(Ord. 621, 5-20-2025)