The council shall consider variances from the terms of this title and requests for hearings from affected persons. (Ord. 487, 7-23-2002)

   A.   Appeals From Interpretation Or Administration: Appeals to the council concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the administrator. Such appeal shall be taken within twenty (20) days after the decision of the administrator by filing with the administrator and with the council a notice of appeal specifying the grounds upon which the appeal is being taken. The administrator shall transmit to the council all the papers constituting the record upon which the appeal is based.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action taken, unless the administrator certifies to the council after the notice of appeal is filed with him that, by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril of life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon the application, with notice to the administrator, showing due cause. (Ord. 487, 7-23-2002)

   A.   Authority To Grant Variances: The council 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.

   B.   Application And Standards For Variance: A variance from the terms of this title shall not be granted by the council unless and until a written application for a variance is submitted to the administrator and the council containing:

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

      2.   Legal description of property;

      3.   Description of nature of variance requested; and

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

         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 district;

         b.   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;

         c.   Special conditions and circumstances do not result from the actions of the applicant; and

         d.   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.

A variance shall not be granted unless the council makes specific findings of the fact based directly on the particular evidence presented to it which support conclusions that the abovementioned standards and conditions have been met by the applicant. (Ord. 487, 7-23-2002)

Under no circumstances shall the council 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 council 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. 487, 7-23-2002)

   A.   Public Hearing, Notice: Prior to granting a variance, public hearings in which interested persons shall have an opportunity to be heard shall be held. The public hearing before the planning and zoning commission shall be scheduled within thirty (30) days of receipt of an application. The commission shall follow the notice requirements provided by chapter 18 of this title.

   B.   Action By Commission And Council: Within fifteen (15) days after the public hearing, the commission shall transmit its recommendation of approval, conditional approval or denial to the council. The city council shall follow the notice requirements provided by chapter 18 of this title and, within forty five (45) days after receipt of the commission's recommendation, the council shall approve, conditionally approve, or deny the request for appeal or variance.

   C.   Specifications Of Council: Upon granting or denying an application, the council shall specify:

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

      2.   The reasons for approval or denial; and

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

   D.   Notice To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 487, 7-23-2002)

   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 permit authorizing the development.

   B.   Right To Request Hearing: Any affected person may, at any time prior to final action on rezone, conditional use, or variance permit, if no hearing has been held on the application, petition the council, in writing, to hold a hearing as required; provided however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held.

   C.   Action By Council: After a hearing, the council may:

      1.   Grant or deny a permit; or

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

   D.   Appeals: 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 subsections 67-5215(b) through (g) and section 67-5216 Idaho Code. (Ord. 487, 7-23-2002)

This Section provides an administrative process and required procedures to allow the consideration and approval of waivers of certain prescribed standards for minimum lot sizes for certain uses, setbacks, building height, and building placement. Each waiver application shall be considered on a case-by-case basis and shall not constitute a precedent for approval or disapproval of subsequent applications.

   A.   Standards for which waivers may be granted:

      1.   Setbacks as set forth in each of the zoning districts in Chapters 3 through 11 of this Title.

      2.   Building Height as set forth in each of the zoning districts in Chapters 3 through 11 of this Title.

      3.   Minimum Lot Size for certain uses as set forth in Chapters 3 through 11 of this section. If the use for which a Minimum Lot Size Waiver is requested is a Conditional Use, the Minimum Lot Size Waiver shall be processed through the conditional use permitting process as part of that application and shall not be granted through this administrative approval process.

   B.   Administrative Approval Process:

      1.   Application, Contents, Fee.

         a.   Applications for waivers shall be in writing on a form approved by the Planning and Zoning Commission.

         b.   The application shall also be accompanied by a photograph of the area and a drawing, to scale, showing the locations of relevant property boundaries, streets, adjoining properties, existing structures on the subject and neighboring properties, and locations and dimensions of proposed structures, and any other features relevant to the request.

         c.   For side setbacks, only the immediately adjacent property owner statement is required. For front and rear setback waivers, and height restriction waivers, all adjacent property owners' statements are required.

         d.   Fees for waiver applications shall be set by resolution of the City Council.

      2.   Application review. Upon submission of a completed application and payment of the application fee, the planning and zoning administrator or city clerk shall review the application and the relevant standards, and make a written staff report and recommendation to the planning and zoning commission for consideration at the next regularly scheduled meeting after such review and recommendation is completed. Notice of the meeting shall be provided to the applicant and any adjoining property owners regarding the application.

      3.   Hearing.

         a.   Upon receipt and review, and completion of a staff report and recommendation, the planning and zoning administrator shall place the application on the next regularly scheduled planning and zoning meeting. Notice shall be provided to adjoining property owners not less than 14 days prior to the meeting.

         b.   At the hearing, the planning and zoning commission shall hear the applicant's testimony, the administrator's staff report and recommendation, and any adjoining property owner who wishes to testify. Upon completion of adjoining property owner testimony, the applicant shall be offered the opportunity to rebut and conclude.

      4.   Approval, Denial, Modifications and Conditions which may be imposed upon granting the waiver. At the close of the hearing the planning and zoning commission shall consider the staff report and recommendation, relevant testimony offered, and the following factors in rendering a decision on the request:

         a.   Whether the waiver has validity and merit regarding stated hardships in relation to the intent underlying existing standards and regulations, and which cannot be mitigated by the variance process or other means.

         b.   Whether the waiver will impair reasonable or appropriate use of adjoining properties.

         c.   Whether the waiver will impair sight distances on public roads

         d.   Whether the waiver will impair fire suppression or law enforcement functions

         e.   Whether or not the waiver sought is the minimum amount necessary to achieve the stated purpose.

         f.   Whether or not a modification to the waiver request would be appropriate to mitigate concerns, and the applicant's consent to said modification if expressed during the hearing.

      At the conclusion of deliberation, the commission may approve the waiver as presented, approve a modified waiver or a waiver with conditions, or deny the waiver. In no case shall any conditions imposed by the Commission be removed or separated from the modified waiver, either by the applicant or the City Council on appeal. The decision shall be in writing and shall be a final decision, appealable to the City Council. The written decision on the application shall be rendered at that meeting so as to be final and appealable as of the date of that meeting.

      5.   Appeal. An applicant whose waiver request is denied may submit a written appeal to the City Council. Such appeal must be made in writing, specifying the basis of the appeal, and must be delivered to the city clerk not less than 14 days following the commission's decision. Notice of the appeal must be given to any person who testified at the commission hearing. Upon receipt of the appeal, the City clerk shall place the appeal as an agenda item at the next practicable city council meeting. Notice of the time and date shall be given the applicant and any parties who testified at the commission hearing. The City Council shall consider the staff report, the administrator's recommendation, the testimony provided, the written decision, and the standards set forth above in considering the appeal. The Council shall either sustain or overturn the commission's decision, and render a written decision setting forth the reasons for its decision. Such decision shall be final.

      6.   Commencement, Duration, Lapse, Revocation, Violation, Penalties:

         a.   Upon approval of the waiver, the construction or use for which the waiver was sought shall commence no later than one year following approval by the commission or council, whichever is later. Failure to commence construction within one year shall deem the waiver permit void and the applicant must reapply. No extensions shall be granted. Waivers approved under this Chapter shall be treated as nonconforming uses or structures subject to the restrictions on reconstruction or resumption of uses contained in this Title and Idaho Code. Failure to abide by the terms and conditions of the granted waiver, or any deviation from the provided drawings, shall render the waiver void.

         b.   The zoning administrator shall have the authority to revoke any voided waiver, in writing, with notice to the applicant. No construction shall commence or continue, and any building permit issued thereunder shall be revoked, when the waiver is revoked under this section. Violation of this section shall be a misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00) and no jail time may be imposed. (Ord. 25-609, 2-25-2025)