Montpelier City Zoning Code
APPEALS AND
VARIANCES
§ 153.160 GENERAL PROVISIONS.
The Commission shall consider administrative appeals where it is alleged that an error has been made by the Administrator, variances from the terms of this chapter and requests for hearings from affected persons.
(Prior Code, § 17.64.010)
§ 153.161 ADMINISTRATIVE APPEALS.
(A) Appeals to the Commission concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the Administrator.
(B) Such appeal shall be taken within 15 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 taken. The Administrator shall transmit to the Commission all the papers constituting the record upon which the appeal is based.
(Prior Code, § 17.64.020)
§ 153.162 STAY OF PROCEEDINGS.
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 or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order, which may be granted by the Commission or by a court based upon an application, with notice to the Administrator showing due cause.
(Prior Code, § 17.64.030)
§ 153.163 VARIANCES.
The Commission may recommend in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter 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 the 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 chapter would result in unnecessary hardship. 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 because of characteristics of the site and that the variance is not in conflict with the public interest.
(Prior Code, § 17.64.040)
§ 153.164 APPLICATION AND STANDARDS FOR VARIANCES.
(A) A variance from the terms of this chapter shall not be considered 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 the property;
(3) Description of the nature of the variance requested; and
(4) A narrative statement demonstrating that the requested variance conforms to the following standards.
(a) 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) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(c) Special conditions and circumstances do not result from the actions of the applicant.
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
(B) A variance shall not be recommended 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.
(Prior Code, § 17.64.050)
§ 153.165 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
(A) Under no circumstances shall the Commission recommend an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(B) In recommending any appeal or variance, the Commission may prescribe appropriate conditions and safeguards in conformity with this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter.
(Prior Code, § 17.64.060) Penalty, see § 153.999
§ 153.166 PUBLIC HEARING.
Upon receipt of the application for an appeal or a variance, the Commission shall hold a public hearing, publish notice in a newspaper and give written notice to all parties as required for conditional use permits.
(Prior Code, § 17.64.070)
§ 153.167 ACTION BY THE COMMISSION.
(A) Within 30 days after the public hearing the Commission shall recommend to either approve, conditionally approve or disapprove the request for appeal or variance.
(B) Upon recommendation of an application the Commission shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons, facts and findings for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
(Prior Code, § 17.64.080)
§ 153.168 NOTIFICATION TO APPLICANT.
Within ten days after a decision has been rendered, the Administrator shall provide the applicant with written notice of the recommendation on the request.
(Prior Code, § 17.64.090)
§ 153.169 ACTION BY THE COUNCIL.
Upon receipt of a recommendation from the Commission, the Council shall follow procedure as set forth under conditional uses in this chapter.
(Prior Code, § 17.64.100)
§ 153.170 REQUEST FOR HEARING.
(A) An AFFECTED PERSON means one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing a development, subdivision, conditional use, variance or re-zone.
(B) An affected person aggrieved by a decision may within 28 days after all remedies have been exhausted under local ordinances seek judicial review under the procedures provided by Idaho Code §§ 67-5270 et seq.
(Prior Code, § 17.64.110)