(A) Purpose. The Planning and Zoning Commission may recommend to the Commissioners, as a result of unique circumstances, a variance from strict compliance with specified provisions or requirements of this chapter or that application of such provision or requirement is impracticable.
(B) Findings. No variance shall be favorable acted upon by the Commission unless there is a finding upon recommendation by the Commission that all of the following exists:
(1) There are such special circumstances or conditions affecting the property that the strict application of the provisions of this chapter would clearly be impracticable or unreasonable. In such cases, the developer shall first state his or her reasons in writing as to the specific provisions or requirements involved; and
(2) Strict compliance with the requirements of this chapter would result in extraordinary hardship or that these conditions would result in inhibiting the achievement of the objectives of this chapter:
(a) The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated;
(b) Such variance will not violate the provisions of the Idaho Code;
(c) Such variance will not have the effect of nullifying the interest and purpose of this chapter; and
(d) The fact that an owner or developer could realize a greater financial return by use of this property that is contrary to these regulations is not a sufficient reason for change. Hardship cannot be proved where it can be shown that the property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in items of prospective sales or potential customers.
(Ord. 1998-1, passed 1-26-1998)