The city council may authorize in specific cases such variance from the terms of the zoning ordinances and regulations in effect as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinances and regulations would result in unnecessary hardship. No nonconforming use of neighboring 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 the applicable zoning ordinances and regulations would result in unnecessary hardship. (Ord. 341, 9-10-1996)

   A.   Application For Variance: A request for a variance shall not be considered unless and until a written application for a variance is submitted to the commission containing:

      1.   Name, address and phone number of applicant;

      2.   Legal description of property;

      3.   Description of existing use;

      4.   Zoning district;

      5.   Description of variance requested; and

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

         a.   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 buildings in the same district;

         b.   That a literal interpretation of the provisions of the applicable zoning ordinances and regulations would deprive the applicant of rights commonly enjoyed by other properties under the terms of applicable zoning ordinances and regulations;

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

         d.   That granting the variance requested will not confer on the applicant any special privilege that is denied by the applicable zoning ordinances and regulations to other lands, structures or buildings in the same district.

   B.   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 described standards and conditions have been met by the applicant. (Ord. 341, 9-10-1996)

Under no circumstances shall the commission recommend granting a variance to allow a use not permitted under the terms of applicable zoning ordinances and regulations in the district involved, or any use expressly or by implication prohibited by the terms of any applicable zoning ordinance or regulation in said district. In recommending the granting of a variance, the commission may recommend appropriate conditions and safeguards in conformity with applicable zoning ordinances and regulations. 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 the city's zoning ordinances and regulations. (Ord. 341, 9-10-1996)

   A.   Public Hearing: Upon receipt of the application for a variance, the commission shall hold a public hearing, publish notice in a newspaper, and give written notice to all parties as required for special use permits 1 .

   B.   Action By Commission: Within thirty (30) days after the public hearing, the commission shall enter written findings of fact, and a recommendation to the city council to either approve, conditionally approve or disapprove the application as presented. In its recommendation, the commission shall specify:

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

      2.   The reasons for recommending approval or denial; and

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

   C.   Action By City Council: Within thirty (30) days after receiving the commission's recommendation, the city council shall take final action on the recommendation, and shall provide the applicant with written notice of its action on the request within ten (10) days after a decision has been rendered.

   D.   Request For Hearing By Affected Persons: 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. Any affected person may at any time prior to final action by the city council on an application for a variance, petition the city council in writing to hold a second hearing on the application. After any such hearing as may be held pursuant to such request, the city council may:

      1.   Grant or deny a permit; or

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

   An affected person aggrieved by a decision may, within sixty (60) days after all remedies have been exhausted under the ordinances of the city, seek judicial review under the procedures provided by Idaho Code 67-5240 et seq. (Ord. 341, 9-10-1996)