The provisions of this chapter shall apply in considering variances. (Ord. 86, 8-19-1980)

A "variance" is a modification of the requirements of this title such as lot size, lot coverage, width, depth, front yard, side yard, setback, parking space, height of buildings, or other provisions affecting the size or shape of a structure upon lots, or the placement of a structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship in a majority of the reasonable uses because of characteristics of the same, and that the variance is not in conflict with the public interest. (Ord. 86, 8-19-1980; amd. 2008 Code)

The commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship. (Ord. 86, 8-19-1980)

An application for a variance may be initiated by one or more property owners. Such application shall be filed with the commission on forms prescribed by the commission and accompanied by such data and information necessary to assure the fullest presentation of facts. A filing fee as provided in section 1-10-1 of this code shall be paid at the time of the filing by an owner or owner representative's application. (Ord. 86, 8-19-1980; amd. 2008 Code)

Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. One such public hearing shall be conducted by the commission in accordance with the procedures prescribed for conditional use permits 1 . (Ord. 86, 8-19-1980)

In acting upon such variance, the commission shall make a full investigation and shall only grant a variance upon finding that the following are true:

   A.   That the granting of the variance will not be in conflict with the spirit and intent of the comprehensive plan and will not effect a change in zoning.

   B.   That there are exceptional or extraordinary circumstances or conditions applicable to the property or class of use in the district so that a denial of the relief sought will result in:

      1.   Undue loss in value of the property in a majority of the reasonable uses.

      2.   Inability to preserve the property rights of the owner.

      3.   The prevention of reasonable enjoyment of any property right of the owner.

   C.   The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property or improvement. (Ord. 86, 8-19-1980)

   A.   Whenever the commission grants or denies a variance, it shall specify:

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

      2.   The reasons for approval or denial; and

      3.   The action, if any, that the applicant could take to obtain a variance permit. (Ord. 86, 8-19-1980)

   B.   Denial of a variance or approval of a variance with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003 consistent with the requirements established thereby. (2008 Code)

   A.   Any applicant or owner of property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the commission, provided written notice of such an appeal is filed with the city clerk-treasurer within five (5) days after the decision of the commission.

   B.   In reviewing an appeal pertaining to a variance request, the council shall hold a public hearing using the public hearing notice procedure prescribed for the commission and may approve, disapprove or modify the action of the commission. (Ord. 86, 8-19-1980)