The purpose of this section is to provide standards and regulations to approve, conditionally approve or deny modifications to the zoning code where undue hardship can be demonstrated. Variances may only be requested for modifications affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots and not for uses on the property, in accordance with Idaho Code, § 67-6516.

(Ord. No. 72rr, § 11.1, 1-9-2017)

(a)

The planning and zoning commission may authorize variances where it can be shown that the literal interpretation of this chapter would cause hardship. A variance shall not be considered a right or special privilege, but may be granted only upon the showing of undue hardship because of characteristics of the site, and that the variance is not in conflict with the public interest. Approval or denial of a variance application may be appealed in accordance with chapter 110.48, Administrative Procedures. Once granted, a variance is permanent and runs with the land.

(b)

In granting a variance, the planning and zoning commission may attach conditions which it finds necessary to protect the interests of the surrounding property or neighborhood, and otherwise to achieve the purpose of this chapter. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located.

(Ord. No. 72rr, § 11.2, 1-9-2017)

No variance shall be granted unless it can be shown that all of the following circumstances exist:

(1)

Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography, or other circumstances over which the applicant has no control.

(2)

The variance is necessary for the preservation of a property right of the applicant, substantially the same as is possessed by owners of other property in the same zone or vicinity.

(3)

The authorization of the variance will not be materially detrimental to the purposes of this chapter, be injurious to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any county development plans or policies.

(4)

The variance requested is the minimum variance, which will alleviate the hardship.

(Ord. No. 72rr, § 11.3, 1-9-2017)

A property owner may initiate a request for a variance by filing an application with the zoning official, using forms prescribed by the planning and building services department. The application shall be submitted 28 calendar days prior to the meeting at which it will be considered. The application shall be accompanied by a site plan, drawn to scale, showing the condition to be varied, and the dimensions and arrangement of the proposed development. The planning and zoning commission may request other drawings or information necessary to an understanding of the request. The zoning official shall utilize the services and facilities of other county officials in the preparation of reports to the planning and zoning commission.

(Ord. No. 72rr, § 11.4, 1-9-2017)

Before the planning and zoning commission may act on a request for a variance, it shall hold a public hearing pursuant to chapter 110.48.

(Ord. No. 72rr, § 11.5, 1-9-2017)