The commission shall consider administrative appeals where it is alleged that an error has been made by the administrator. Appeals may be made to the council from final decisions of the commission on special use permits, variances or administrative appeals. (Ord. 1070, 2010)

A.   Appeals to the commission concerning interpretation or administration of this title may be taken by any person aggrieved by any decision of the administrator. Such appeal shall be taken within ten (10) days after the decision of the administrator by filing with the administrator and with the commission a notice of appeal specifying the grounds upon which the appeal is being taken.

B.   An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the commission 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 to life and property. In such case, proceedings shall not be stayed other than by an order which may be granted by the commission.

C.   The commission shall schedule a meeting with the person filing the administrative appeal at a time and place designated by the commission. The appeal shall be heard pursuant to the procedures outlined at title 2, chapter 2.40 of this code. The commission shall render a written decision on the administrative appeal within fifteen (15) days of the meeting. The decision on the administrative appeal may be appealed to the council by utilizing the same procedures for appeals of special use permits provided in chapter 17.60 of this title. (Ord. 1070, 2010)

A.   Authority To Grant Variances: 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.

B.   Application And Standards For Variance: 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 administrator and the commission 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.   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 would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

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

C.   Conditions: 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. (Ord. 1070, 2010)

Under no circumstances shall a variance, or an appeal of a variance be granted so as to allow a use not permissible under the terms of this title and the zoning district involved, or any use expressly or by implication prohibited by the terms of this title in said district. (Ord. 1070, 2010)

A.   Public Hearing, Notice: Prior to granting a variance, a public hearing, at which interested persons shall have an opportunity to be heard shall be held. The public hearing before the commission shall be scheduled within thirty (30) days of receipt of an application. The commission shall follow the notice requirements provided by chapter 17.90 of this title, and Idaho Code section 67-6512(b). The public hearing shall be conducted in accordance with title 2, chapter 2.40 of this code.

B.   Action By Commission: Within thirty (30) days after the public hearing, the commission shall enter a decision in writing and provide a copy by mail to the applicant and any other person testifying at the hearing.

C.   Commission To Specify: Upon granting or denying an application for variance, the commission 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. (Ord. 1070, 2010)

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 any rezone, special use, or variance permit, if no hearing has been held on the application, petition the commission 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 Commission: After a hearing the commission may:

   1.   Grant or deny a special use permit or variance; or

   2.   Recommend a decision on a rezone; or

   3.   Delay such a decision for a definite period of time for further study or 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 Idaho Code. (Ord. 1070, 2010)

A.   Final decisions of the commission on applications for special use permits or variances may be appealed to the council by an "affected person" as defined at section 17.70.060 of this chapter. The appeal must be made by filing a written appeal form approved by the council with the city clerk within ten (10) days of the mailing of the decision to the applicant. Remedies before the city of Jerome on such matters shall not be deemed to have been exhausted until a decision on such an appeal has been made by the council. (Ord. 1070, 2010)

A.   When a notice of appeal of a decision by the commission on a variance or special use permit has been timely filed, the transcribed recording of the hearing before the commission and all documents, including the application filed or entered into evidence before the commission shall constitute the record on appeal. The record shall be prepared and provided to the council. When the council has received the record, a notice of the time, date and place of hearing shall be sent to the appellant, city staff and other persons who testified at or submitted documents into the record at the hearing before the commission. The appellant shall be required to pay a fee in addition to the fee for filing the appeal which is set by resolution of the council. The appellant shall pay the cost of preparing the transcription of the hearing before the commission.

B.   No new evidence, either written or by way of verbal testimony shall be presented or considered at the appeal hearing. The appellant shall have the burden of proof as to why the decision appealed from is in error based upon the record transmitted to the council.

C.   The appellant shall present its case first. Following the appellant, any person supporting the appeal who participated in the hearing before the commission shall be permitted to testify. The city staff shall then present its case on behalf of the city following which any person who opposes the appeal may testify. The appellant may then present any rebuttal argument following which the appeal hearing shall be concluded.

D.   The council, in its discretion, may permit persons with standing to testify at the hearing the opportunity to submit a brief in support of their position.

E.   The council may set reasonable limits on the time for testimony or argument provided each participant in the hearing.

F.   The council may ask questions of any participant in the hearing at any time.

G.   A verbatim record of the hearing on the appeal shall be made and preserved as part of the record on the appeal.

H.   The council shall render a written decision on the appeal within twenty (20) days of the completion of the appeal and mail a copy to the appellant and each person who participated in the appeal hearing by testifying, presenting argument or who submitted a brief. The council may uphold, reverse, or remand the matter appealed from to the commission for further proceedings. (Ord. 1070, 2010)