PZ - Text Amendment Table
06/11/2019
1
Proposed UDC Text Amendment
UDC Section Topic Problem/Question Potential Fix
11-5B-4(E)
Variances Recently, there has been confusion on how the City is to
grant approval or denial of a variance request. Per Idaho
Code 67-6516, a variance is not considered a right of
special privilege but may be granted if the applicant can
demonstrate an undue hardship because of site
characteristics and the variance does not conflict with the
public interest. To be consistent with Idaho Code, the first
Finding is being removed. Further, this item has been
addressed in D. of this section.
A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement
requirements of this title. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012)
B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with res pect
to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; all other provisions of this title
affecting the size and shape of a structure or the placement upon properties; and the placement and/or number of access
points to state highways. If a means of alternative compliance is available, it should be exhausted before applying for a
variance. (Ord. 08-1372, 7-8-2008, eff. 7-8-2008)
C. Process:
1. The applicant shall complete a preapplication conference with the director prior to submittal of an application for a
variance.
2. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the direct or
on forms provided by the planning department.
3. The council shall apply the standard listed in subsection D of this section and all the findings listed in subsection E of this
section to review the variance.
D. Standard: The variance shall comply with Idaho Code section 67 -6516.
E. Required Findings: In order to grant a variance, the council shall make the following findin gs:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district;
21. The variance relieves an undue hardship because of characteristics of the site; and
32. The variance shall not be detrimental to the public health, safety, and welfare.