(A) Where in the case of a particular proposed subdivision it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the Board of County Commissioners may grant a variance, modification, or waiver of certain requirements. No variance shall be granted unless the Board of County Commissioners finds, after a public hearing:
(1) There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impracticable, or unreasonable;
(2) The granting of the specified variance will not be detrimental to the real value of other property in the area in which said property is situated;
(3) Such variance will not violate the provisions of Idaho Code;
(4) Such variance will not have the effect of nullifying the interest and purpose of this charter;
(5) The public hearing required before the Board of County Commissioners shall be after at least 15 days’ notice to adjoining property owners, or if in an existing subdivision, to all subdivision owners, and at least 15 days after one publication in the Idaho County Free Press. Furthermore, the Board of County Commissioners shall not disapprove any variance unless the same notice requirements have been met, and a public hearing is held before the Board of County Commissioners in relation to the sought-after variance; and
(6) The subdivider shall be required to pay a filing fee of $400 for the costs of publication and notice of hearing that shall be incurred by the Board of County Commissioners in processing an application for a variance.
(B) If a developer intends to develop an area as a planned unit development, it shall be so stated as part of the presentation to the Board of County Commissioners concerning preliminary plats and, as such, shall be considered automatically at variance with portions of this chapter. Special permission from the Board of County Commissioners to proceed in this manner shall be obtained at the next regularly scheduled meeting after the preliminary plat has been submitted. In considering this request, the Board of County Commissioners shall take into account the nature of the proposed use of land and the existing land use in the vicinity, and the number of persons to reside or work in the proposed subdivision.
(C) When a request is made for a variance, modification, or waiver of a portion of this chapter, the Board of County Commissioners shall approve or disapprove the request. This action may be taken before or at the time of the preliminary plat approval.
(Ord. 70, passed 5-19-2020)