A.   General: 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, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. 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.

Per Idaho Code 67-6516, 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.

   B.   Application And Standards For Variances: 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 Administrator containing:

      1.   Name, mailing address, e-mail address, and phone number of applicant(s);

      2.   Property address;

      3.   Legal description of property;

      4.   A site plan of the property that is under consideration, drawn to scale, showing location of all improvements, and the specific information concerning the requested variance;

      5.   Description of nature of variance requested; and

      6.   A narrative statement demonstrating that the requested variance conforms to the following standards:

         a.   That an undue hardship exists because of site characteristics, and whether 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;

         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;

         e.   That granting the variance will better contribute to the intent of the district as provided in this title and described in the Comprehensive Plan that will its denial;

         f.   Whether granting this variance is in conflict with the public interest; and

         g.   Whether the requested variance is the minimum necessary to alleviate the hardship.

   C.   Hearing Required: The City Council shall hold at least one public hearing prior to making a decision on a variance request. Notice of the hearing will be given pursuant to the standards outlined in section 10-15-5 of this title. (Ord. 597, 8-6-2018)