(a)

The commission may authorize variances where it can be shown that the literal interpretation of this chapter would cause hardship. A variance may be considered for modification of the requirements for lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking spaces, height of buildings or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted only upon the showing of undue hardship because of characteristics of the site, and that the variance is not in conflict with the public interest.

A variance may not be approved when the conditions leading to the need for the variance are of the applicant's making. Once granted, a variance is permanent and runs with the land.

(b)

In granting a variance, the commission may attach conditions which it finds necessary to protect the interests of the surrounding property or neighborhood and otherwise to achieve the purpose of this chapter.

(c)

No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.

(d)

Upon approval by the planning and zoning commission of the findings of fact, conclusions of law and decision, said decision shall be filed on record in the office of the Nez Perce County Recorder.

(e)

Authorization of a variance shall be void after twelve (12) months unless a building permit or subdivision plat pursuant thereto has been applied for or a decision of substantial progress towards completion of the project has been determined by the community development director.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4530, § 2, 4-27-09)

No variance shall be granted unless it can be shown that all of the following relevant criteria and standards are met:

(1)

Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity and which pose an undue hardship because of characteristics of the site as a result of lot size, or shape, topography, or other special features.

(2)

The variance is not necessary as a result of actions of the applicant, will not grant the applicant a special privilege, and is necessary for the preservation of a property right possessed by owners of other property in the same zone and vicinity.

(3)

The authorization of the variance will not be materially detrimental or injurious to other property or owner of property in the same zone and vicinity, or otherwise conflict with the public interest or with the objectives of adopted city plans or policies.

(4)

The variance requested is the minimum variance which will alleviate the hardship.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4631, § 2, 7-13-15)

A property owner may initiate a request for a variance by filing an application with the community development department, using forms prescribed in article XIII. The application shall be submitted at least twenty (20) working days prior to the meeting at which it will be considered. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The commission may request other drawings or information necessary to an understanding of the request.

(Ord. No. 4108, § 2, 8-15-94)

Before the planning and zoning commission may act on a request for a variance, it shall hold a public hearing pursuant to section 37-184 of this chapter.

(Ord. No. 4108, § 2, 8-15-94)

(a)

The community development director may grant a variance to the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a specific lot, strict application of this chapter would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. In granting a variance, the director may attach conditions which are necessary to protect the best interest of the surrounding property or vicinity or otherwise achieve the purposes of this chapter.

(b)

The following may be considered under the administrative variance process:

(1)

Minimum lot area variance of ten (10) percent or less;

(2)

Minimum frontage of ten (10) percent or less, except when such request would reduce the minimum lot frontage to less than twenty (20) feet;

(3)

Minimum setback from a property line of twenty (20) percent or less except that no administrative variance shall be approved that will allow a structure to project into a clear vision triangle;

(4)

Reduction in required off-street parking of ten (10) percent;

(5)

Increase in lot coverage of five (5) percent;

(6)

Reduction in required lot depth of ten (10) percent; and

(7)

Dimensional or numerical elements of standards for multifamily development not to exceed twenty (20) percent of the numerical or dimensional value, including but not limited to standards for yards or parking spaces.

(c)

Upon receipt of the variance application form and payment of the required fee, the director shall render a decision within five (5) working days, or may elect to defer the decision to the planning and zoning commission. Additional information may be requested by the director in arriving at a decision. If additional information is requested, the director shall have an additional five (5) working days to render this decision beginning when the additional information is given to the director. In rendering a decision, the director shall find that granting a variance shall result in more efficient use of the site, preserve natural features where appropriate, adequate provisions are made for light and privacy on adjoining properties, that the variance will be consistent with the overall objectives of the comprehensive plan and this chapter and that the variance will have a minimal adverse impact on the livability, value or development of abutting properties and the surrounding areas.

(d)

Should the director elect to grant an administrative variance, the decision shall not become final until fifteen (15) days have elapsed. A notice of the proposed variance shall be mailed within two (2) working days of the decision to all property owners adjacent to the subject property and objections and comments solicited. In addition, the membership of the planning and zoning commission shall be notified. If no written objections from those persons entitled to receive notice are received within fifteen (15) days of such notice, the decision shall become final at the end of the fifteen-day period.

(e)

If any written objection to the granting of such an administrative variance is received within fifteen (15) days of such notice from any person entitled to notice, a hearing shall be held before the planning and zoning commission pursuant to section 37-184 of this Code. Decisions of the planning and zoning commission may be appealed by any person entitled to notice of the proceedings in accordance with section 37-185 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4379, § 1, 1-24-05; Ord. No. 4438, § 2, 4-10-06; Ord. No. 4499, § 2, 1-28-08)