Appeals to the City Council concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislature authority affected by any decision of the building inspector. Such appeal shall be taken within thirty (30) days after the decision of the building inspector by filing with the building inspector and/or with the City Council a notice of appeal specifying the grounds upon which the appeal is being taken. The building inspector shall transmit to the City Council all the papers constituting the record upon which the appeal is based. (Ord. 275, 4-2-2015; amd. 2018 Code)

An appeal stays all proceedings in furtherance of the action taken unless the building inspector certifies to the City Council 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 Council or by a court based upon an application, with notice to the building inspector showing due cause. (Ord. 275, 4-2-2015; amd. 2018 Code)

   A.   Authorization: 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 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. Variances shall be consistent with the comprehensive plan and in the public interest.

   B.   Application And Standards:

      1.   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- Treasurer containing:

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

         b.   Legal description of property.

         c.   Description of nature of variance requested.

         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.

            (4)   That the requested use, if established, will not be of a general classification different from the district in which the land or structure is located.

            (5)   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.

            (6)   That granting the variance is not contrary to public interest or the comprehensive plan. (Ord. 275, 4-2-2015)

      2.   A 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 support conclusions that the above mentioned standards and conditions have been met by the applicant.

(Ord. 275, 4-2-2015; amd. 2018 Code)

Under no circumstances shall the Council grant any 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 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 the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 275, 4-2-2015; amd. 2018 Code)

Upon receipt of the application for appeal or variance, the City Council shall hold a public hearing, publish notice in a newspaper and give written notice to all adjoining property owners as defined in section 8-6-5 of this title.

(Ord. 275, 4-2-2015; amd. 2018 Code)

   A.   Within ten (10) days after the public hearing, the City Council may either approve, conditionally approve, or disapprove the request for appeal or variance. The Council shall then act upon this at its next regularly scheduled meeting. (Ord. 275, 4-2-2015; amd. 2018 Code)

   B.   Upon granting or denying an application, the Council shall specify in written form:

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

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit. (Ord. 275, 4-2-2015)

Within ten (10) days after a decision has been rendered, the City Clerk-Treasurer shall provide the applicant with written notice of the action on the request. (Ord. 275, 4-2-2015)

   A.   An 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 or use.

   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 Council in writing to hold a hearing as required in chapter 6 of this title; provided, however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held.

   C.   After a hearing, the City 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.

   D.   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 procedures provided by Idaho Code section 67-5270.

(Ord. 275, 4-2-2015)