A variance is a modification to the bulk and placement standards (setbacks, shape of structure) when the strict enforcement of code will create a hardship. Idaho Code Section 67-6516 states: “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.”
A waiver is the process of permitting exceptions to development standards, other than use, through the use of a conditional use permit or by administrative process. Waivers must be consistent with the City’s adopted plan and illustrate how the allowance provides for better compliance than the existing City plan and other city code.
An example of a waiver in Eagle City Code is Building Height:
Eagle City Code 8-2-4 establishes a Maximum Height for buildings within the City of Eagle based on zoning but, Eagle City Code 8-2A-6B-6 establishes that “additional height may be permitted if a conditional use permit is approved by the city council”.
Commonly in Eagle, waivers are completed as part of the Planned Unit Development process under Eagle City Code 8-6-6-2(C)-2 or as part of a development agreement in the Mixed Use (MU) zoning designation under Eagle City Code 8-2-1.