A variance is a discretionary exception to the requirements of the zoning ordinance concerning bulk and placement standards such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height, or any other ordinance provision affecting the size of a structure or the placement of the structure upon the property. Variances may be permitted when, due to unusual natural physical characteristics of the site, a literal enforcement of the provisions of this title would result in unnecessary hardship denying an owner all reasonable use of the applicant's property. An applicant for a variance bears the responsibility for demonstrating an undue hardship because of unique physical characteristics of the site, and after meeting that obligation must demonstrate that the implemented variance would not harm the public interest. (Ord. 2011-677, 6-13-2011)

The following criteria shall be considered when deciding a variance request:

   A.   Whether strict application of the provisions of this title would deprive the applicant of all reasonable use of his property owing to natural conditions or circumstances that are unique to his property not generally applicable to other properties in the community.

   B.   Whether the variance, if granted, would harm the public interest by adversely affecting public safety, the environment, or the legitimate interests of neighboring owners.

   C.   Whether the variance, if granted, would bestow a special privilege on the applicant not enjoyed by owners of similarly situated properties in the same zoning district, or, whether the variance, if granted, would allow the applicant to enjoy all rights and privileges afforded owners of similarly situated properties within the same zoning district. (Ord. 2011-677, 6-13-2011)

Variances may be permitted pursuant to the procedure for processing applications following the notice and hearing procedure provided in section 67-6519 Idaho Code. (Ord. 2011-677, 6-13-2011)