The council may authorize in specific cases such variance from the terms of this Title 17 as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Title 17 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 unless approved by the city council. Variance shall not be granted on the grounds of convenience or profit but only where strict application of the provisions of this Title 17 would result in unnecessary hardship.

(Ord. 309 Art. XVI, §A, 1997).

A.

A variance from the terms of this Title 17 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;

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 standard;

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 this Title 17 would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title 17;

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 this Title 17 to other lands, structures or buildings in the same district.

B.

A variance shall not be granted unless the council 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.

(Ord. 309 Art. XVI, §B, 1997).

Under no circumstances shall the council grant a variance to allow a use not permissible under the terms of this Title 17 in the district involved, or any use expressly or by implication prohibited by the terms of this Title 17 in such district.

(Ord. 309 Art. XVI, §C, 1997).

Prior to granting a variance, at least two (2) public hearings in which interested persons shall have an opportunity to be heard shall be held. The first public hearing will be held with the commission, which will recommend action to the city council. The second public hearing will be held with the city council, which will consider the recommendations of the commission and make the final determination. At least fifteen (15) days prior to each hearing, notice of the time and place shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered three hundred feet (300′) and beyond the external boundaries of the land being considered. The applicant is responsible for all notices and publishing costs.

(Ord. 309 Art. XVI, §D, 1997).

A.

Within ten (10) days after the first public hearing, the commission shall, in writing, either recommend to the city council approval, conditional approval or disapproval of the application as presented. After receiving written confirmation of commission action, the administrator will establish the date of the second public hearing which shall be no more than forty-five (45) days from the date of the first public hearing. The applicant shall be responsible for all required notices and publishing costs associated with the first and second public hearings.

B.

The second public hearing will be held with the city council. The city council shall consider the recommendation of the commission and, after receiving public testimony, the council may delay their decision pending submission of additional information or approve, conditionally approve or disapprove the application as presented.

C.

Prior to granting a variance, the council may request studies from planning authorities or public agencies concerning social, economic, fiscal and environmental effects of the proposed variance. A variance shall not be considered as establishing a binding precedent to grant other variances. A variance is not transferrable from one parcel of land to another.

D.

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 should take to obtain a variance.

(Ord. 309 Art. XVI, §E, 1997).

The applicant or citizens of Homedale shall have sixty (60) days from the date of the mailing of notice of the decision of the council within which to appeal said decision to a court of competent jurisdiction.

(Ord. 309 Art. XVI, §F, 1997).

A.

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.

Any affected person may, at any time prior to final action on rezone, special use or variance permit (if no hearing has been held on the application) petition the council in writing to hold public hearings, provided, however that if twenty (20) affected persons petition for a hearing, the hearing shall be held.

C.

After both hearings, the 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.

(Ord. 309 Art. XVI, §H, 1997).