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 title and requests for hearings from affected persons. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Appeals to the Commission concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the Planning Administrator. Such appeal shall be taken within twenty (20) 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 being taken. The Administrator shall transmit to the Commission all the papers constituting the record upon which the appeal is based. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Any 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 that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, 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 Planning Administrator showing due cause. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

The Commission 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 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 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

A variance from the terms of this title shall not be granted by the Commission unless and until a written application for a variance is submitted to the Planning Administrator and the Commission containing:

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

   B.   Legal description of property;

   C.   Description of nature of variance requested; and

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

      1.   That 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;

      2.   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;

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

      4.   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.

A variance shall not be granted 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Under no circumstances shall the Commission grant an appeal or 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 appeal or variance, the Commission 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 the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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 special use permits 1 . (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Within thirty (30) days of the public hearing the Commission shall either approve, conditionally approve or disapprove the request for appeal or variance.

Upon granting or denying an application the Commission shall specify:

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

   B.   The reasons for approval or denial; and

   C.   The actions, if any, that the applicant could take to obtain a permit.

The applicant or any affected person who appeared in person or in writing before the Commission may appeal the decision of the Commission to the Council within fifteen (15) days from the Commission's action. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Within ten (10) days after a decision has been rendered, the Administrator shall provide the applicant with written notice of the action on the request. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Upon receipt of an appeal from the action of the Commission, the Council shall set a hearing date to consider all information, testimony and Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision. The Council shall only overrule the Commission by a favorable vote of one-half (1/2) plus one of the full Council. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

   A.   Any affected person shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.

   B.   Any affected person may at any time prior to final action on rezone, special use, or variance permit, if no hearing has been held on the application, petition the Commission or Council in writing to hold a hearing as required in chapter 10-10 of this title provided, however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held.

After a hearing, the Commission or Council may:

      1.   Grant or deny a permit; or

      2.   Delay such a decision for a definite period of time for further study or hearing.

   C.   An affected person aggrieved by a decision may within sixty (60) days after all remedies have been exhausted under local ordinances seek judicial review under the review provisions provided by the Administrative Procedure Act, Idaho Code. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)