The city council may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship because of the characteristics of the site. No 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. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

A variance from the terms of this title shall not be granted by the city council unless and until a written application for a variance is submitted to the city clerk and the city council, containing:

   A.   Name, address and telephone number of applicant(s);

   B.   Legal description of property;

   C.   Description of nature of variance requested;

   D.   That special conditions and circumstances exist which are peculiar to the land, are not applicable to other lands, structures or buildings in the same district;

   E.   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;

   F.   That special conditions and circumstances do not result from actions of the applicant; and

   G.   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;

   H.   A site plan/plot plan, drawn to a readable scale, containing and showing the following information:

      1.   Dimensions of all property under review.

      2.   Location of the present building on the subject property (applicants) with the dimensions of the front, side and rear yards.

      3.   Dimensions of all other buildings or structures on subject property.

      4.   Location of any proposed building or structures on the proposed extension, expansion or relocation of a building or structure on the property.

      5.   Location of the buildings on adjacent lots, giving the depth of the front, rear and side yards, showing all dimensions.

      6.   The existing use of each building or structure and the proposed use of the existing or new building.

      7.   The name and location of all streets and alleys.

      8.   The location and arrangement of all parking facilities.

      9.   Show on the site plan how the project will be landscaped, placement of trees, shrubs, lawns, and other ground cover.

      10.   Location of fencing, garages, driveways, sidewalks, water lines, sewer lines and other utility improvements.

Variance shall not be granted unless the city council makes specific written findings of fact based directly on the particular evidence presented to it which supports conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Under no circumstances shall the city council grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted shall be deemed a violation of this title. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Not more than forty (40) days following the filing of the application and prior to granting a variance, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held by the city council. At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposal shall be published in the official newspaper of the city. Notice by United States mail, postage prepaid, fifteen (15) days prior to the hearing shall also be provided to property owners and purchasers within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the city council. When notice is required to two hundred (200) or more property owners or purchasers, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of a mailed notice. The city clerk shall have the responsibility of preparing the public notice for the applicant. (Ord. 370, 6-9-2005; amd. Ord. 398, 8-14-2009)

   A.   Within thirty (30) days after the public hearing the city council shall either grant or deny the request for variance.

   B.   Upon granting or denying an application, the city council shall specify in writing:

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

      2.   The reasons for granting or denying the application; and

      3.   The actions, if any, the applicant could take to obtain a permit. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Within ten (10) days after a decision has been rendered, the city clerk shall provide the applicant with written notice of action on the request. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

An affected person aggrieved by a decision of the city council may, after all remedies have been exhausted under local ordinance, seek judicial review. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

There shall accompany any application processed under this section a certificate of a reputable title insurance company licensed under the laws of the state, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon at the tax rolls of the county assessor of Benewah County within the land being considered and within three hundred feet (300') of the external boundaries of said land. The cost of title report shall be the sole responsibility of the applicant. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)