HomeMy WebLinkAboutORD 20446 0
BILL NO. 31
ORDINANCE NO. 2044
AN ORDINANCE TO AMEND A PORTION OF TITLE VI, CHAPTER 4, OF THE
MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE
OF IDAHO, PERTAINING TO VARIANCE PROCEDURES: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Section 6-4-5 of the Municipal Code of the City of Caldwell, County
of Idaho, shall be amended by adding and deleting certain language as follows:
6 -4-5: VARIANCE PROCEDURE: The following provisions shall apply in
considering variances:
(A) The Commission shall consider variances to the terms of this Title which
will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this Title will result
in unnecessary hardship. 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, setback, parking space, height of buildings or
other Title provision affecting the size or shape of a structure or the
placement of the structure upon lots, or the size of lots. 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 beeause -of
aharantwasteng at the site and that the var RGt OR GGRfliGt With the
publie-inteFest.
Hardships shall not be self - imposed, but shall result from special site
characteristics relating to the size, location, configuration or dimensions
of the site or the placement of existing structures thereon, or from
geographic, topographic or other physical conditions which render the
site unique from other properties in the same zone or vicinity.
Prior to granting a variance, notice and an opportunity to be heard shall
be provided to property owners adjoining the parcel under
consideration. In acting upon a variance the Commission shall make a
full investigation and shall only grant a variance upon finding that the
following are true:
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1. That there are exceptional or extraordinary circumstances or
conditions, applicable to the property involved, amended
use- thereef which do not apply generally to other properties
within the same zoning district. the dieAgGt se that denial Gf
res
2. That the exceptional or extraordinary circumstances in conjunction
with a literal interpretation and application of the regulation would
result in undue hardship by depriving the applicant of reasonable
use and enioyment of the property or of privileges enjoyed by the
owners of other properties located in the same zoning district.
3. That the granting of the variance will not constitute a grant of
special privilege.
4. That the granting of such relief will not be materially detrimental to
the public health, safety or welfare, or interest or injurious to the
property or improvements of other property owners, or the quiet
enjoyment of such property or improvement.
S. That the granting of the variance will not be in conflict with the
spirit and intent of the Comprehensive Plan and will not effect a
change in zoning.
Section 2. That Section 6-45 of the Municipal Code of the City of Caldwell, County
of Idaho, shall be amended by adding and deleting certain language as follows:
6-4-5 D . Upon the granting of the variance, terms and conditions may be
attached that:
X specify the nature and extent of relief being granted:
la minimize any adverse effect on neighboring properties or
improvements.
Section 3. All ordinances or parts of ordinances inconsistent are hereby repealed.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
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PASSED BY THE CITY COUNCIL of the City of Caldwell this 19 day of
September , 1994
APPROVED BY THE MAYOR of the City of Caldwell this 1 day of
September 1 199 - .
Mayor
ATTEST:
City Clerk
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