The Commission shall consider administrative appeals where it is alleged that an error has been made by the City, variances from the terms of this Title and requests for hearings from affected persons. (Ord. 1998-1, 7-17-1998)

Appeals to the Commission concerning interpretation or administration of this Title may be taken by any person aggrieved or by an officer or bureau of the legislative authority affected by any decision. Such appeal shall be taken within twenty (20) days after the decision by filing with the Clerk and with the Commission a notice of appeal specifying the grounds upon which the appeal is being taken. The Clerk shall transmit to the Commission all the papers constituting the record upon which the appeal is based. (Ord. 1998-1, 7-17-1998)

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 no 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. (Ord. 1998-1, 7-17-1998)

A variance from the terms of this Title shall not be granted by the Commission unless and until a written application for a variance in submitted to the Clerk and the Commission containing:

   A.   Name, address and phone number of applicant(s).

   B.   Legal description of property (and street address, where possible).

   C.   Description of nature and variance requested.

   D.   A narrative statement demonstrating that the requested variance conforms to the following standards:

      1.   That 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 in the same district.

      2.   That 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.   That special conditions and circumstances do not result from the actions of the applicant.

      4.   That 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 summary of the variance requested, in one paragraph of not more than one hundred (100) words explaining the variance requested (which summary shall be used in the notice required by Section 7-4-6 of this Chapter). A variance shall not be granted unless the Commission makes specific findings of the 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. (Ord. 1998-1, 7-17-1998)

Under no circumstances shall the Commission grant an appeal or 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 any appeal or 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 appeal or variance is granted, shall be deemed a violation of this Title. (Ord. 1998-1, 7-17-1998)

   A.   Notice Of Hearing: Upon receipt of the application for a variance, the Commission shall hold a hearing. It shall publish notice in the official newspaper at least ten (10) days prior to the date on which the Commission will consider the request for a variance by publishing a notice containing a summary of the variance requested, the date on which the request shall be considered by the Commission, and an invitation to any potentially affected persons to object to said request by appearing before the Commission on such date.

   B.   Provide Names Of Adjoining Landowners: The applicant shall provide the Clerk with the names and addresses of the immediately adjoining landowners to the parcel affected by the variance request. The Clerk shall notify these individuals of the date upon which the variance request will be considered by the Commission so that they can attend and give testimony if such landowners so desire.

   C.   Payment Of Costs: The persons requesting the variance shall pay all costs of notification and publications as referred to in this Section. (Ord. 1998-1, 7-17-1998)

   A.   Time Limit: Within thirty one (31) days after the receipt of the application the Commission shall either approve, conditionally approve or disapprove the request for the variance.

   B.   Specifications: Upon granting or denying an application the Commission shall specify:

      1.   The ordinance and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a variance.

   C.   Appeal From Council Decision: The applicant or any affected person who appeared in person or in writing before the Commission may appeal the decision of the Commission to the Council, provided the appeal is submitted to the Council within fifteen (15) days from the Commission's action. (Ord. 1998-1, 7-17-1998)

Within ten (10) days after a decision has been rendered, the Clerk shall provide the applicant with written notice of the action on the request. (Ord. 1998-1, 7-17-1998)

Upon receipt of an appeal from the action of the Commission, the Council shall set a hearing date to consider all information, testimony and Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision. The Council shall only overrule the Commission by a favorable vote of one-half (1/2) plus one of the full Council. (Ord. 1998-1, 7-17-1998)

   A.   Definition: An "affected person" shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing the development.

   B.   Petition For Hearing; Decisions: Any affected person may, at any time prior to final action on a variance, if no hearing has been held on the application, petition the Commission or Council in writing to hold a hearing as set forth in Section 7-7-3 of this Title; provided, however, that if any affected persons petition a hearing, the hearing shall be held. After a hearing, the Commission or Council may:

      1.   Grant or deny a variance.

      2.   Delay such a decision for a definite period of time for further study or hearing.

   C.   Seek Judicial Review: An affected person aggrieved by a decision may, within sixty (60) days after all remedies have been exhausted under local ordinances, seek judicial review under the procedures provided by section 67-5215 (b) through (g) and 67-5216, Idaho Code. (Ord. 1998-1, 7-17-1998)