Chapter 18.115
VARIANCE PROCEDURES
Sections:
18.115.010 General provisions.
18.115.040 Criteria for review.
18.115.010 General provisions.
A. The city recognizes that in certain circumstances strict application of this title creates a hardship and that such variance from the terms of this title as will not be contrary to the public interest, where, due to unique physical conditions such as narrowness, shallowness, steepness of slope or other conditions applying to a lot or building, the strict application of the zoning regulations will deprive the property of privileges enjoyed by other properties in the vicinity and under the same zoning classification. A variance is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard setbacks, parking spaces, height of buildings, or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.
B. No permitted or nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.
C. The issuance of a variance shall not be considered a precedent for the issuance of other variances.
D. Variances shall not be granted on the grounds of convenience and shall not be considered a right or special privilege.
E. A variance is not transferable from one parcel of land to another.
F. When an application for a variance is proposed on property located in both the city and the impact area, the property will first be annexed into the city of Donnelly. [Ord. 230, 2016.]
18.115.020 Application.
A. An application for a variance shall be filed with the city clerk by at least one holder of interest in the real property for which such variance is proposed. For property in the impact area, an application for a variance shall be filed with the Valley County planning and zoning administrator.
B. The application shall include the following information:
1. Name, address, and phone number of the applicant.
2. Proof of interest in the real property.
3. Legal description of the property, including street address.
4. Description of the nature of the variance requested.
5. The section of the zoning regulations necessitating the variance request.
6. Explanation of undue hardship.
7. Unique physical characteristics of the lot or building that constitute the undue hardship.
8. Diagrams and plot plans as requested by the administrator showing the nature and extent of the proposed variance.
9. Shadow pattern showing the effect on neighbors’ solar access.
10. A list of the names and addresses of all property owners within 300 feet of the subject property, typed on mailing labels (two sets of labels).
11. Any other information as requested by the administrator to determine if the proposed variance meets the intent and requirements of this title.
12. A fee to be established by city council resolution.
13. Eight copies of the above information. The administrator may request additional copies. [Ord. 230, 2016.]
18.115.030 Public hearing.
A public hearing shall be held pursuant to Chapter 18.125 DCC. For property in the impact area, the Valley County planning and zoning commission will be the commission that reviews the application in accordance with the Valley County land use and development ordinance. [Ord. 230, 2016.]
18.115.040 Criteria for review.
A. The commission shall review the application for a variance from this title and shall make a recommendation to the city council to grant, conditionally grant, or refuse to grant the variance. 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. Before any variance can be granted, the commission must make all of the following findings:
1. That the variance, when granted, will not conflict with, or cause or allow any situation which is in conflict with, the comprehensive plan for the city of Donnelly and its impact area.
2. That the variance, when granted, will not conflict with, or cause or allow any situation which is in conflict with, any existing federal, state, or local law, or which may result in injury to the public.
3. That the variance, if granted, will not effect a change in zoning.
4. That the variance, if granted, will not cause damage to other properties.
5. That without the variance, if granted, the property owner shall suffer undue hardship and will be substantially deprived, by ordinance, of the privileges legally enjoyed by property owners within the vicinity of the subject property.
B. Under no circumstances shall the commission recommend the granting of 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. [Ord. 230, 2016.]
18.115.050 Conformity.
Any building or use permitted under a variance permit shall be deemed in conformity with the provisions of this title. [Ord. 230, 2016.]