A "variance" is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots or the size of lots and public ways. 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 the variance is not in conflict with the public interest. (1974 Code § 4-2001)

The commission may authorize, in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district, and not permitted or nonconforming use of lands, structures or buildings in other districts, shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship or the loss of a building or site that is on a national, state or local register of historic places or sites. (1974 Code § 4-2002)

A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the planning and zoning clerk and the commission containing:

   A.   Name, address and phone number of applicant;

   B.   Legal description of property;

   C.   Description of nature of variance requested;

   D.   A narrative statement and documentation demonstrating that the building or site is on a national, state or local register of historic places or sites or that the requested variance conforms to all the following standards, that:

      1.   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 district;

      2.   A literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

      3.   Special conditions and circumstances did not result from the actions of applicant;

      4.   Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

   E.   A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (1974 Code § 4-2003)

Under no circumstances shall the commission grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting the variance, the commission may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title. (1974 Code § 4-2004)

   A.   Required; Notice: The commission, prior to granting a variance permit, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the variance shall be published in the official newspaper or paper of general circulation within the jurisdiction of the city. Additional notice shall be provided by mail by the planning and zoning clerk to property owners and residents within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered, and any additional area that may be impacted by the proposed change as determined by the commission.

   B.   Two Hundred Or More Property Owners Or Residents, Notice: When notice is required to two hundred (200) or more property owners or residents, notice of said proposed change and hearing thereon shall be published in the official newspaper once a week for three (3) consecutive weeks, with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed change and for which said notice is given. (1974 Code § 4-2005)

   A.   Action: Within forty five (45) days after the public hearing, the commission shall either approve, conditionally approve, or disapprove the request for a variance.

   B.   Specifications By Commission: Upon granting or denying application, the commission shall specify:

      1.   The regulations and standards used in evaluating the application;

      2.   The reason for approval or denial;

      3.   The actions, if any, that the applicant could take to obtain the variance. (1974 Code § 4-2006)

The applicant or any affected person may appeal the decision of the commission to the governing board, provided a written appeal is submitted to the governing board within fifteen (15) days from the commission's decision. (Ord. 929, 5-14-2007)

Upon receipt of an appeal from the action of the commission, the governing board shall set a hearing date under the same provisions as the commission hearing to consider all information, testimony and commission minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision. (Ord. 929, 5-14-2007)

A variance shall be issued, in writing, and shall contain the names of the owners of the property, the legal description of the property, describe the variance granted, state whether the variance runs with the land or terminates on sale or some particular date, and any other information the governing board feels is pertinent. It shall be signed by the owners and the governing board before a notary public and be recorded with the Twin Falls County recorder at the owner's expense. The planning and zoning clerk shall maintain a record and index of all variances issued. (Ord. 929, 5-14-2007)

All variances approved by the commission are subject to review by the governing board as set forth in section 9-18-11 of this title. (Ord. 929, 5-14-2007)