A.   No construction or alteration shall commence until the director has issued a zoning certificate. If no structures are involved, no use shall commence until the director has issued a zoning certificate.

   B.   No zoning certificate shall be issued for any use on a property in violation of this title or on a property that contains structures or uses in violation of this title. Any zoning certificate secured in violation of a state or federal law shall be invalid.

   C.   The zoning certificate shall be invalid upon violation of any regulations of this title on the subject property.

   D.   Any application that requires issuance of a zoning certificate as a condition of approval shall be deemed complete with the issuance of the zoning certificate. This provision shall apply to prior approved applications with issued zoning certificates.

   E.   Zoning certificates issued in conjunction with a change of use that are not associated with a building permit shall expire if the new use has not commenced within one year of the date of issuance of the zoning certificate.

   F.   The zoning certificate may require inspections and approvals specified in the approval of the application.

   G.   If the director determines the conditions of the zoning certificate have been violated, he or she may require that all further work stop on a project until the violation has been remedied. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003)

   A.   Director Of Development Services: It shall be the duty of the director, or his or her authorized agent, to administer the regulations of this title.

      1.   The director shall be responsible for the enforcement and administration of this title including, but not limited to, those in section 8-1-5 of this title and the following:

         a.   The director shall conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this title;

         b.   Order the abatement of violations of the zoning ordinance and aid in prosecuting such violations;

         c.   Withhold any zoning certificates on any property where structures or uses are in violation of the zoning ordinance; and

         d.   Enforce penalties for violations as set forth in section 8-7-8 of this chapter.

      2.   The director shall provide information to the public on planning, zoning, building, and engineering matters.

      3.   The director shall have authority to receive and examine applications including, but not limited to, the following:

         a.   Enter upon any property (with the consent of the owner) to: 1) make examinations and surveys, and 2) place and maintain necessary monuments and marks;

         b.   Maintain records of all materials and correspondence related to land use applications;

         c.   Transmit to outside agencies and provide written notice to surrounding property owners on all commission and board hearings;

         d.   Maintain records of the commission and board hearings and actions thereon;

         e.   Transmit to the commission or board all applications, petitions, and other communications upon which the commission or board is required to act;

         f.   Issue zoning certificates; and

         g.   Receive applications as set forth in article A of this chapter.

      4.   The director shall act on the following applications that do not require transmittal to outside agencies or notice to surrounding property owners:

         Accessory use approval, zoning certificate required (chapter 5, article A of this title).

         Farm development right (section 8-2A-5 of this title).

         Financing verification application (subsection 8-6-3L of this title).

         Floodplain permit (chapter 3, article F of this title).

         Landscape and screening plan (chapter 4, article F of this title).

         Lighting plan (chapter 4, article H of this title).

         Modification or expansion to an approved conditional use (section 8-5B-3 of this title).

         Modification or expansion to an approved master site plan (section 8-4E-3 of this title).

         Onetime division of a property (chapter 4, article B of this title).

         Planned community landscape plan (subsection 8-6-3L of this title).

         Planned community periodic review.

         Property boundary adjustment (chapter 4, article C of this title).

         Sign plan (chapter 4, article I of this title).

         Temporary use approval, zoning certificate required (chapter 4, article L of this title).

         Time extension, administrative (subsection 8-7-6A2 of this chapter).

         Zoning certificate (section 8-7-1 of this chapter).

      5.   The director shall transmit to outside agencies, provide written notice to surrounding property owners, and act on the following applications:

         Accessory use approval, zoning certificate and administrative approval required (chapter 5, article A of this title).

         Expansion or extension of nonconforming use or structure (section 8-7-5 of this chapter).

         Joint applications with items listed in subsection A4 of this section.

         Master site plan (chapter 4, article E of this title).

         Private road (chapter 4, article D of this title).

         Temporary use approval, zoning certificate and administrative approval required (chapter 4, article L of this title).

   B.   Prosecuting Attorney: The prosecuting attorney of Ada County shall have the authority to enforce this title as set forth in Idaho Code and this code.

   C.   Sheriff: The Ada County sheriff, and his or her authorized representatives, shall have the authority to enforce this title as set forth in Idaho Code and this code.

   D.   Planning And Zoning Commission:

      1.   The commission shall have jurisdiction and authority to:

         a.   Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, comprehensive plan, and implementation;

         b.   Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations;

         c.   Promote a public interest in and understanding of the commission's activities;

         d.   Make recommendations to the board concerning the comprehensive plan, planning process, or implementation of the comprehensive plan;

         e.   Enter upon any property (with the consent of the owner) to: 1) make examinations and surveys, and 2) place and maintain necessary monuments and marks; and

         f.   Hear applications under the authority of the hearings examiner (see subsection F of this section) if a hearings examiner has not been appointed by the board. Final plats reviewed by the commission shall be heard at an open meeting of the commission.

      2.   The commission shall have the authority to act on the following applications, all of which require transmittals to agencies, notice to the public, and a public hearing before the commission:

         Conditional use (chapter 5, article B of this title).

         Joint applications with items listed in subsections A4 and/or A5 of this section.

         Subdivision, sketch plat (chapter 6 of this title).

      3.   The commission shall have the authority to make a recommendation to the board on the following applications or petitions, all of which shall require transmittals to agencies and cities, notice to the public, and a public hearing before the commission:

         Amendment to an area of city impact agreement (title 9 of this code).

         Amendment to the comprehensive plan (text or map) (subsection 8-7B-1A of this chapter).

         Amendment to the zoning ordinance (text or map) (section 8-7-3 of this chapter).

         Joint applications with items listed in subsections A4, A5, and/or D2 of this section.

         Planned community implementation plan (chapter 8 of this title).

         Subdivision, preliminary plat (chapter 6 of this title).

   E.   Board Of County Commissioners:

      1.   The board shall have the authority to act on the following agreements, applications and petitions, all of which shall require a recommendation from the commission, transmittals to agencies and cities, notice to the public, and public hearing:

         Amendment to an area of city impact agreement (title 9 of this code).

         Amendment to the comprehensive plan (text or map) (subsection 8-7B-1A of this chapter).

         Amendment to the zoning ordinance (text or map) (section 8-7-3 of this chapter).

         Development agreement (article C of this chapter).

         Joint applications with items listed in subsections A4, A5, D2, and/or D3 of this section.

         Planned community implementation plan (chapter 8 of this title).

         Subdivision, preliminary plat (chapter 6 of this title).

      2.   The board shall have the authority to act on the following applications, all of which require transmittals to agencies, notice to the public, and a public hearing by the board:

         Appeal (section 8-7-7 of this chapter).

         Joint applications with items listed in subsections A4, A5, D2, D3, and/or E1 of this section.

         Time extension (subsections 8-7-6A3 and A4 of this chapter).

         Variance (section 8-7-4 of this chapter).

      3.   The board shall have the authority to act on the following applications or petitions at an open meeting of the board:

         Subdivision, final plat (chapter 6 of this title).

      4.   The board shall have the authority to appoint a hearings examiner, in accordance with Idaho Code section 67-6520.

   F.   Hearings Examiner:

      1.   The hearings examiner shall have the authority to act on the following applications, all of which require transmittals to agencies, notice to the public, and a public hearing before the hearings examiner:

         Subdivision, final plat (chapter 6 of this title). (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 709, 10-8-2008; amd. Ord. 730, 7-7-2009; amd. Ord. 738, 2-23-2010; amd. Ord. 766, 12-8-2010; amd. Ord. 808, 6-5-2013)

   A.   Process:

      1.   Zoning Ordinance Amendment Initiated By Board: The board may propose to amend this title following notice and public hearing procedures in article A of this chapter.

      2.   Zoning Ordinance Amendment Initiated By Property Owner (Including Planned Unit Developments And Planned Community Text Amendments): An application and fees, as set forth in article A of this chapter, shall be submitted to the director on forms provided by the development services department.

      3.   Application; Review: The board shall apply the standards listed in subsection B of this section and the findings listed in subsection C of this section to review the zoning ordinance amendment.

      4.   Approval; Reversal Of Action: If the board approves a zoning ordinance map amendment pursuant to a request from a property owner, the board shall not subsequently reverse its action or otherwise change the zoning classification as set forth in Idaho Code section 67-6511(d) or as allowed under a development agreement.

   B.   Standards: For zoning ordinance map amendments, the subject property shall meet the minimum dimensional standards of the proposed base district.

   C.   Required Findings: In order to grant a map or text amendment to the zoning ordinance, the following findings must be made:

      1.   The zoning ordinance amendment is in accordance with the applicable comprehensive plan;

      2.   The zoning ordinance amendment complies with the regulations outlined for the proposed base district, specifically the purpose statement;

      3.   The zoning ordinance amendment shall not be materially detrimental to the public health, safety, and welfare;

      4.   The zoning ordinance amendment shall not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services within the planning jurisdiction including, but not limited to, school districts; and

      5.   For zoning ordinance text amendments within a planned community (PC) base district, the amendment complies with the planned community implementation plan. (Ord. 389, 6-14-2000; amd. Ord. 738, 2-23-2010)

Applications for floodplain variance shall comply with the regulations of section 8-3F-11 of this title and are not subject to the regulations of this section.

   A.   Process:

      1.   An application and fees, as set forth in article A of this chapter, shall be submitted to the director on forms provided by the development services department.

      2.   The board shall apply the standard listed in subsection B of this section and the findings listed in subsection C of this section to review the variance.

   B.   Standard: The variance shall comply with Idaho Code section 67-6516.

   C.   Required Findings: In order to grant a variance, the board shall make the following findings:

      1.   The variance shall not grant a right or special privilege that is not otherwise allowed in the base district;

      2.   The variance relieves an undue hardship due to characteristics of the site; and

      3.   The variance shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 738, 2-23-2010)

   A.   Process:

      1.   An application and fees, as set forth in article A of this chapter, shall be submitted to the director on forms provided by the development services department.

      2.   The director shall apply the standard listed in subsection B of this section and the findings listed in subsection C of this section to review the expansion or extension of a nonconforming use or structure.

   B.   Standard: The use or structure is nonconforming.

   C.   Required Findings: In order to grant an expansion or extension of a nonconforming use or structure, the director shall make the following findings:

      1.   Allowing the expansion or extension of the nonconforming use or structure shall not conflict with the applicable comprehensive plan; and

      2.   The expansion or extension of the nonconforming use or structure shall not be detrimental to the public health, safety, and welfare. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003)

   A.   Process:

      1.   An application and fees, as set forth in article A of this chapter, shall be submitted to the director on forms provided by the development services department.

         a.   The application shall include a letter from the applicant or owner describing the reasons for the time extension request. Such reasons may include, but are not limited to: 1) current and/or forecasted economic conditions that make it impracticable to finish the development within the time allotted; or 2) delays that are beyond the control of the applicant or owner that make it impracticable to meet the conditions of approval and/or development requirements within the time allotted.

         b.   The application shall be filed prior to the expiration date of the development approval or previously granted time extension.

         c.   A development application shall only be eligible to apply for and receive three (3) time extensions (1 administratively granted and 2 granted by the board). Any development application already subject to an administratively granted time extension that has not yet expired is entitled only to apply for a time extension granted by the board.

      2.   The first application for a time extension shall be administrative. An administratively granted time extension shall be valid for one year from the date of the original expiration date of the development application.

      3.   The second application for a time extension shall require a public hearing in front of the board. The public hearing shall be conducted in accordance with the notice and hearing procedures provided under Idaho Code section 67-6509. The board may grant a time extension for any period of time up to but not to exceed two (2) years from the date of the expiration of the administratively granted time extension. The board in granting the time extension may, in its discretion, amend, delete, and/or add conditions of approval/development requirements as necessary.

      4.   The third application for a time extension shall require a public hearing in front of the board. The public hearing shall be conducted in accordance with the notice and hearing procedures provided under Idaho Code section 67-6509. The board may grant a time extension for any period of time up to but not to exceed two (2) years from the date of the expiration of the second board time extension. The board in granting the time extension may, in its discretion, amend, delete, and/or add conditions of approval/development requirements as necessary.

      5.   Appeals of administratively or board granted time extensions shall toll the time period of the time extension until final resolution of such appeal.

   B.   Findings: In order to grant a time extension the director or board shall make the following findings:

      1.   The application was submitted in a timely manner; and

      2.   The applicant has submitted reasons that justify the granting of the time extension. (Ord. 389, 6-14-2000; amd. Ord. 730, 7-7-2009; amd. Ord. 808, 6-5-2013)

   A.   Application: Any decision or action may be appealed as set forth in this chapter. The appellant shall be an affected person as defined in Idaho Code section 67-6521(1)(a).

      1.   A person aggrieved by a final decision or action within the jurisdiction and authority of the director (see subsection 8-7-2A of this chapter), the hearings examiner (see subsection 8-7-2F of this chapter), or the commission (see subsection 8-7-2D of this chapter) may appeal to the board.

      2.   A person aggrieved by a final decision or action of the board may seek judicial review as provided by Idaho Code sections 67-6521(d) and 67-6535, as they may be amended from time to time, and this code.

   B.   Appeal Procedures:

      1.   Appeals of written decisions shall be filed with the director within fifteen (15) days after the date of the written decision, or it shall not be accepted. An application and fees, as set forth in article A of this chapter, shall be submitted to the director on forms provided by the development services department.

      2.   The director shall schedule and the board shall hold a public hearing and make a decision pursuant to the procedures as set forth in section 8-7A-8 of this chapter.

      3.   At the public hearing, the board shall consider the order, requirement, permit, decision, or determination of the commission, and any attached conditions thereto. The board shall also consider any additional evidence that may be offered by the public, applicant, director, and/or commission.

      4.   The board may affirm, reverse, modify, in whole or in part the order, requirement, permit, decision, or determination appealed from, or make or substitute any additional conditions that in its deliberations it may find warranted. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 843, 6-3-2015)

   A.   Violation A Misdemeanor: Each violation of these regulations shall be a misdemeanor. Each day that work continues after notification of violation shall constitute a separate offense, and each violation shall be punishable as provided in Idaho Code section 18-113 as it may from time to time be amended and/or retitled.

   B.   Remedies: In the event any action is taken or any construction or use commenced in violation of the regulations of this title, the director, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction to restrain, correct, or abate such violation, or to prevent any illegal act, conduct, business, or use in or about such premises.

   C.   Public Hearing: In the event that noncompliance with the conditions of approval is found and is continuing after due notice to the applicant, the director shall have the authority to order a public hearing before the deciding body (see subsection 8-7-2D, E or F of this chapter), in conformance with sections 8-7A-4 and 8-7A-5 of this chapter. At the public hearing, the deciding body shall have the authority to affirm, reverse, modify, in whole or in part, the approval, or make or substitute any additional conditions that in its deliberations it may find warranted. In order to take action except to affirm the approval, the deciding body must find there is a violation of the conditions of approval of an application within the authority of the deciding body and one or more of the following:

      1.   The violation has caused or will cause detriment to the public health, safety or welfare.

      2.   The violation has created or will create undue adverse impact on surrounding properties.

      3.   The violation has caused or will cause the approved use to be served by inadequate public or private facilities.

      4.   The violation has impeded or will impede the normal development of surrounding property. (Ord. 389, 6-14-2000; amd. Ord. 490, 4-9-2003; amd. Ord. 603, 1-30-2006)

The purpose of this article is to provide procedures for all zoning applications covered by this title and petitions to amend the comprehensive plan. (Ord. 389, 6-14-2000)

   A.   Application Requirements: All persons making application for permits and other matters herein referred to shall be required to submit to the director an application on forms provided by the development services department, all information listed as required on those forms, and an application fee as set forth in subsection E of this section.

   B.   Preapplication Conference(s):

      1.   The purpose of the preapplication conference is to review the proposed application(s), to discuss the procedures and requirements of this title, and to review the associated application material.

      2.   Applicants shall participate in a minimum of one preapplication conference with the director prior to submission of applications for variances to flood insurance program standards, preliminary plats, comprehensive plan amendments, variances, conditional uses, zoning ordinance text amendments, and zoning ordinance map amendments.

      3.   The director may require additional preapplication conferences and may require preapplication conferences for applications not listed above. It may be necessary for the Ada County engineer, surveyor or building official to attend the preapplication conference(s).

   C.   Date Of Application Submission: The date of application submission shall be the date the applicant submits to the development services department the appropriate application form, the appropriate fees, and all information listed as required on the application form and applicable checklist(s).

   D.   Hearings: A public hearing, if required, shall be held no later than ninety (90) days after the date of application submission, as provided in subsection C of this section, excluding planned community applications, which shall be held no later than one hundred twenty (120) days after the date of application submission.

   E.   Fees: The board shall, by resolution, establish fees for all zoning applications, agreements, reviews, conferences, or petitions authorized by this title, zoning certificates, and comprehensive plan amendment. In accordance with the direction on the applicable application form(s) and associated checklist(s), applicants shall submit any required deposit or fee at time of application submission. Any remaining fee shall be paid prior to final decision. (Ord. 389, 6-14-2000; amd. Ord. 588, 7-13-2005; amd. Ord. 659, 3-28-2007; amd. Ord. 738, 2-23-2010)

   A.   Applicants shall conduct a neighborhood meeting for comprehensive plan amendments, variances, conditional uses, zoning ordinance map amendments, expansions or extensions of nonconforming uses, and subdivisions.

   B.   It shall be the sole duty of the applicant to provide written notice to all property owners or purchasers of record owning property within the radius required in subsection 8-7A-5C of this article of the exterior boundary of the application property and to all registered neighborhood associations deemed appropriate by the director. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices already required by this title, except when notice of a neighborhood meeting is required of five hundred (500) or more property owners or purchasers of record, alternate forms of notice may be provided in accord with subsection 8-7A-5D1 of this article.

   C.   The purpose of the neighborhood meeting shall be to review the proposed project. Such neighborhood meeting shall be held in person; however, upon request to the Director of Development Services, the neighborhood meeting may be held virtually if the Director determines there is good cause for holding the meeting virtually.

      1.   In person meetings requirements.

         a.    The meeting shall be on a weekend between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M. or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

         b.   The meeting shall be held at one of the following locations:

            i.   On the subject property;

            ii.   At the nearest available public meeting place including, but not limited to, fire station, library, or community center; or

            iii.   At an office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place.

      2.   Remote/Virtual Meeting Requirements:

         a.   If a neighborhood meeting is to be conducted by remote/virtual means, any required notices shall contain sufficient information so the public may attend via the remote/virtual means.

         b.   The meeting shall be on a weekend between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M. or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

   D.   The neighborhood meeting shall be conducted prior to submission of the application. The neighborhood meeting shall not be conducted more than six (6) months prior to submission of the application.

   E.   The application materials shall include a written verification of the neighborhood meeting. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 490, 4-9-2003; amd. Ord. 738, 2-23-2010; amd. Ord. 929, 9-8-2021)

   A.   The director shall send a summary of development applications to applicable agencies, as determined by the director. The notice shall be sent at least fifteen (15) days prior to the public hearing.

   B.   The director shall send a summary of petitions for comprehensive plan amendments and applications for zoning ordinance amendments to applicable agencies and political subdivisions as referenced in Idaho Code section 67-6509(a). The notice shall be sent at least fifteen (15) days prior to the public hearing.

   C.   Applications within an area of city impact shall be noticed in accord with the regulations of title 9 of this code. (Ord. 389, 6-14-2000)

   A.   Legal Notice: At least fifteen (15) days prior to the public hearing, the director shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in the county.

   B.   Site Notice: At least ten (10) days prior to the public hearing, the applicant shall post a notice on the property which is the subject of the application, except for zoning ordinance text amendments or comprehensive plan amendments. The notice shall comply with the signposting requirements as set out in this section.

   C.   Radius Notice: At least seven (7) days prior to the public hearing, the director shall send a notice of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of Ada County) owning property within three hundred feet (300') of the external boundaries of the property upon which the application is being considered. The director may determine, or other applications provided for in this title may require, that notices be sent to property owners or purchasers of record whose properties are farther than the required minimum radius.

      1.   Any application located in a rural district shall require notice within one thousand feet (1,000') of the property being considered.

      2.   The following uses shall also require notice within one thousand feet (1,000') of the property being considered:

         Adult entertainment establishment.

         Aircraft landing field (private ownership).

         Airport (public ownership).

         Bar, brewpub, or nightclub.

         Distributed power facility, wind rooftop.

         Explosive manufacturing or storage.

         Flammable substance storage.

         Foundry.

         Junkyard or automobile wrecking yard.

         Manufacture or processing of hazardous chemicals or gases.

         Meatpacking facility.

         Pit, mine, or quarry requiring administrative or conditional use approval.

         Processing plant for agricultural and dairy products.

         Public or quasi-public use, public or private correctional facility.

         Racetrack, vehicle or animal.

         Sanitary landfill, restricted.

         Sawmill or planing mill.

         Slaughterhouse.

         Soil or water remediation.

         Tannery.

         Tower or antenna structure, commercial.

         Vehicle impound yard.

      3.   The following uses shall require notice within two thousand six hundred forty feet (2,640') of the property being considered:

         Centralized power facility.

         Distributed power facility, wind freestanding tower.

         Livestock confinement facilities with three hundred one (301) or more animal units.

      4.   Requests for exceptions to height limitations proposed as part of a conditional use application shall require compliance with the following additional notification distances along with any additional area that may be substantially impacted as determined by the commission:

         a.   If the proposed architectural feature height and/or structure is greater than one hundred feet (100') and less than four hundred feet (400'), all property owners or purchasers of record within one thousand two hundred feet (1,200') shall be notified.

         b.   If the proposed architectural feature height and/or structure is four hundred feet (400') or greater, all property owners and purchasers of record within five thousand two hundred eighty feet (5,280') shall be notified, and the feature location and proposed height shall be identified on the radius notice.

   D.   Alternate Forms Of Notice: When notice is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as follows:

      1.   In lieu of mailed notice, one additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the county, not less than seven (7) days prior to the hearing.

      2.   At least ten (10) days prior to the hearing, the applicant shall post a hearing notice on the property following the signposting requirements of this section.

      3.   At least seven (7) days prior to the hearing, a notice shall be made available to other newspapers, radio, and television stations servicing the county for use as a public service announcement.

   E.   Public Service Announcement: In the case of amendments to this title and the comprehensive plan, the director shall issue a notice to other newspapers and radio and television stations serving the jurisdiction for use as a public service announcement prior to the public hearing.

   F.   Signposting Requirements Of Applicant:

      1.   Posting Of Hearing Notice On Property: Not less than ten (10) days prior to the scheduled Ada County planning and zoning commission and/or the board of Ada County commissioners hearing(s), the applicant shall post a sign containing the notice of hearing of the application on the property under consideration. The posting of the property must be in substantial compliance with the following requirements:

         a.   Signage Requirements: All signs shall be installed in accordance with the following standards:

            (1)   Number Of Signs:

               (A)   General Standards: One sign shall be posted on the subject property so as to be visible from each roadway that is adjacent to it, excluding Interstate 84. In the event that the property being considered has roadway frontage of one thousand two hundred fifty feet (1,250') or more, a sign shall be placed at each end of the property roadway frontage.

               (B)   Standards For Electric Transmission Line Corridors/Substations: For electric transmission line corridors running parallel to a roadway, a sign shall be posted at each end of the corridor along the roadway frontage and at each arterial intersection. For electric transmission line corridors not running parallel to a roadway, signs shall be posted on both sides of the roadway where the corridor intersects a roadway. For electric substations, signs shall be posted on site.

            (2)   Placement: Where the property fronts an intersection of two (2) roadways, then the sign(s) shall not be posted in the clear vision triangle as set forth in this title. The sign(s) shall be located on the property, outside of the public right of way. If the sign(s) cannot be placed on the property and still be clearly visible, the sign(s) may be placed within the right of way if the applicant can obtain the consent of the owner of the right of way. In the case of an appeal by a person, other than the original applicant, of an administrative or commission decision, the appellant may place the sign on the right of way with the permission of the owner of the right of way.

            (3)   Size And Materials: Except as noted herein, the sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts, or attached to another director approved support and the bottom of the sign shall be a minimum of three feet (3') above the grade elevation at the base of the sign structure or street elevation to which the sign(s) is oriented whichever is higher. Provided, however, for an application for a subdivision plat, variance, rezone, vacation for property less than three (3) acres in size, any application where the applicant is a federal, state, county or municipal government, a utility company or corporation under the jurisdiction of the Idaho public utilities commission, or an appeal of an administrative or a commission decision to the board, the sign(s) may consist of an eleven inch by seventeen inch (11" x 17") yellow laminated paper or other similar material mounted to a rigid surface of equal size and attached to a director approved support and the bottom of the sign shall be a minimum of three feet (3') above the grade elevation at the base of the sign structure or street elevation to which the sign(s) is oriented whichever is higher.

            (4)   Wording: Centered at the top of the four foot by four foot (4' x 4') sign(s), or the eleven inch by seventeen inch (11" x 17") laminated yellow paper sign(s), shall be the words "ADA COUNTY PUBLIC HEARING NOTICE". In addition, each sign will state whether it is for the Ada County planning and zoning commission or the board of Ada County commissioners, the date, time and address of the hearing location, a summary of the proposal to be considered, the property size and location of the development, the name of the applicant, project number, planner name and phone number. Each four foot by four foot (4' x 4') sign shall be white on both sides and the letters shall be black and shall appear on both sides.

An example of the required sign specification is set forth below with the letter size required for a four foot by four foot (4' x 4') sign:

 

 

            (5)   Separation Requirements From Utility Power Lines: Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with national electrical safety code specifications, as reviewed and determined by the local power company. Applicants are required to contact the local electric company before erecting a sign nearer than twenty five feet (25') of electric power lines. No sign shall be placed within a power line easement without approval of the holder of such easement.

            (6)   Sign Maintenance And Repair: All signs shall be continually maintained in a state of good appearance, security, safety and repair during the hearing process.

            (7)   Proof Of Posting: The applicant shall submit a certification of signposting and dated photograph of each sign(s) posted to the director no later than seven (7) days prior to the public hearing. The certification shall be on the form provided by the development services department and contain all the information required therein. Unless such certification and photograph(s) are received by such date, the hearing may be tabled.

            (8)   Sign Removal And Punishment Of Violation: No later than three (3) days after the applicant receives a final decision on the application, the sign(s) must be removed. Failure to remove the sign(s) shall be deemed a violation of this title with an applicant subject to the penalties in section 8-7-8 of this chapter. (Ord. 389, 6-14-2000; amd. Ord. 727, 5-13-2009; amd. Ord. 772, 7-27-2011; amd. Ord. 806, 5-8-2013; amd. Ord. 902, 10-2-2019)

   A.   Following the submission of an application, the director shall act upon the application within sixty (60) days. Failure of the director to act upon an application shall be deemed a denial of the application.

   B.   The director may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties.

   C.   The director shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 738, 2-23-2010)

   A.   Hearings:

      1.   The commission shall hold a hearing on each application submitted for which a hearing is required within ninety (90) days after application submission, excluding planned community applications, which shall be held no later than one hundred twenty (120) days after application submission.

      2.   Notwithstanding subsection A1 of this section, no hearing shall be held by the commission on a planned community implementation plan until the board has approved the planned community subarea comprehensive plan; provided further, the period for issuing a decision described in subsection B of this section shall not commence to run until the board has approved the planned community subarea comprehensive plan.

      3.   Prior to the public hearing, public notice shall be provided as set forth in section 8-7A-5 of this article.

   B.   Decision: The commission shall conduct the public hearing in accord with its adopted bylaws. The commission may continue the hearing if it determines in its discretion that additional hearings are necessary. The commission, however, must issue a decision or recommendation, as is applicable, no later than one hundred eighty (180) days after the date of the application submission, excluding planned community applications, for which the commission must issue a recommendation no later than two hundred forty (240) days after submission of the application, and siting of a tower or antenna structure, commercial for which the commission must issue a decision within one hundred fifty (150) days after submission of the application. Failure of the commission to issue a decision or recommendation within the time periods allowed in this section shall be deemed a denial or a recommendation of denial of the application, provided, however, the commission and applicant may mutually agree to extend the time periods for a decision to be made.

   C.   Conditions Of Approval: The commission may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.

   D.   Findings Of Fact: The commission shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision or recommendation reached. Conditions of approval shall be attached to the written decision or recommendation. For applications where the commission is acting as a recommending body, the commission shall forward their recommendation to the board.

   E.   Report: For applications where a decision or recommendation is required by this title, the commission shall file a written report with the clerk of the board stating the findings and action taken by the commission. Such report shall be filed no later than ten (10) days after the written decision or recommendation. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 588, 7-13-2005; amd. Ord. 659, 3-28-2007; amd. Ord. 683, 1-23-2008; amd. Ord. 738, 2-23-2010; amd. Ord. 757, 8-11-2010)

   A.   The board shall hold a hearing within ninety (90) days after application submission or sixty (60) days after the commission makes a recommendation (if applicable), excluding planned community applications for which the board must hold a hearing no later than one hundred twenty (120) days after the date the commission makes a recommendation.

   B.   No hearing shall be held by the board on a planned community implementation plan until the board has approved the planned community subarea plan.

   C.   Prior to the public hearing, public notice shall be provided as set forth in section 8-7A-5 of this article.

   D.   Following the public hearing, if the board makes a material change to a comprehensive plan amendment application or zoning ordinance amendment application, further notice and hearing shall be provided in accord with the regulations of sections 8-7A-4 and 8-7A-5 of this article, and with applicable agreements in title 9 of this code.

   E.   The board may require conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. This regulation shall not apply to applications for comprehensive plan amendments or zoning ordinance amendments.

   F.   The board shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision. Conditions of approval, if any, shall be attached to the written decision.

   G.   Following the approval of a comprehensive plan amendment, the board shall adopt a resolution adopting the amendment to the comprehensive plan.

   H.   Following the approval of a zoning ordinance amendment, the board shall adopt an ordinance and, within thirty (30) days, publish a summary of the ordinance in the official newspaper of general circulation in the county. (Ord. 389, 6-14-2000; amd. Ord. 683, 1-23-2008; amd. Ord. 738, 2-23-2010)

   A.   Hearings: For those applications for which a hearing examiner may be utilized, the hearings examiner, if utilized, shall hold a hearing within ninety (90) days after an application has been submitted to the director.

      1.   Prior to the public hearing, public notice shall be provided as set forth in section 8-7A-5 of this article.

   B.   Decision: The hearing examiner may continue the hearing if it determines in its discretion that additional hearings are necessary. The hearing examiner, however, must issue a decision or recommendation, as is applicable, no later than one hundred eighty (180) days after the date the application was submitted to the director. Failure of the hearing examiner to issue a decision or recommendation within the time periods allowed in this section shall be deemed a denial or a recommendation of denial of the application.

   C.   Conditions Of Approval: The hearings examiner may require conditions of approval that he or she deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.

   D.   Decision: The hearings examiner shall provide the applicant a written decision in accordance with Idaho Code sections 67-6520 and 67-6535 stating the reasons for the decision. Conditions of approval, if any, shall be attached to the written decision. (Ord. 490, 4-9-2003; amd. Ord. 683, 1-23-2008; amd. Ord. 738, 2-23-2010)

The duties of the commission include, but are not limited to, the following:

   A.   Comprehensive Plan: Pursuant to a study of previous and existing conditions, trends, desirable goals and objectives, or desirable future situations, the commission shall prepare, implement, review, and make subsequent recommendations for amendments to the comprehensive plan as set forth in Idaho Code section 67-6509. The plan shall include all land within the jurisdiction of the board. In addition, the commission shall accept petitions from any person to amend the comprehensive plan as set forth in Idaho Code section 67-6509D.

   B.   Recommendations To The Board: The commission, upon its own initiative, upon a request of the board, or upon receipt of an application or petition as set forth in subsection 8-7-2D3 of this chapter, shall hold a public hearing and make a recommendation to the board.

   C.   Decisions By The Commission: The commission shall review and approve, approve with conditions, or deny applications as set forth in subsection 8-7-2D2 of this chapter. The commission shall act on applications pursuant to the requirements of article A of this chapter. (Ord. 389, 6-14-2000)

The board shall appoint a commission as set forth in the bylaws adopted by the commission. The commission shall consist of seven (7) members. The term of office for commission members shall be three (3) years. (Ord. 389, 6-14-2000)

The bylaws shall contain procedures and requirements for commission membership, election of officers, meetings, rules of order, and voting. (Ord. 389, 6-14-2000)

To exercise the authority granted the board in section 67-6511A, Idaho Code; to provide for the creation, form, recording, modification, enforcement and termination of development agreements; and to require as a condition of a zoning ordinance map amendment approval that an owner of land make a written commitment concerning the use and/or development of that land. (Ord. 738, 2-23-2010)

It shall be a precondition of approval for all applications for a zoning ordinance map amendment by, or on behalf of, an owner that the owner enter into a development agreement acceptable to the board as part of receiving board approval of the zoning ordinance map amendment. (Ord. 738, 2-23-2010)

   A.   Development Agreement Creation, Form, Approval, And Consent:

      1.   Within three (3) business days after the commission has made a recommendation on an application for a zoning ordinance map amendment by, or on behalf of, an owner, the director shall forward a request to the Ada County prosecuting attorney's office to create a development agreement using the appropriate model form as approved by the board. The director's request shall include all the necessary documents pertaining to the zoning ordinance map amendment application and the creation of a development agreement, such as, but not limited to: the legal description of the land subject to the zoning ordinance map amendment application; deed(s); preliminary plat; and any proposed conditions of approval.

      2.   Once the Ada County prosecuting attorney's office has drafted the development agreement, the development agreement with any attachments shall be returned to the director. The director shall forward it to the applicant.

      3.   Approval of the zoning ordinance map amendment application by the board shall be contingent upon the board and owner of the land signing a mutually acceptable development agreement.

      4.   By signing the development agreement the owner, and any subsequent owners, consents to having the zoning ordinance map amendment reversed, in whole or in part, upon failure to comply with the terms and/or conditions set out in the development agreement.

   B.   Review And Enforcement: The director shall monitor the owner's compliance with the terms and/or conditions of the development agreement. The director shall review the status of the development every two (2) years from the date the development agreement is signed. A more frequent review may be undertaken by the director at the director's discretion or at the request of the board. During a review the owner, or any subsequent owner, must demonstrate that they are in compliance with the terms and/or conditions of the development agreement. If the director determines that the terms and/or the conditions of the development agreement are not being complied with, and such lack of compliance is not immediately resolved by the owner, the director shall recommend that the board enforce the terms of the development agreement by modification or termination.

   C.   Modification: A development agreement may be modified, in whole or in part, as follows:

      1.   Modification In Whole Or In Part For Failure To Comply With Terms And/Or Conditions: The board may modify a development agreement and/or reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to modifying a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined in the sole discretion of the board to come into compliance with the terms and/or conditions. Prior to modifying a development agreement the board shall hold a public hearing in accordance with the notice and hearing provisions of Idaho Code section 67-6509.

      2.   Modification By Mutual Consent: The board and the owner or subsequent owners of the land may mutually agree to modify a development agreement and reverse the zoning map amendment, in whole or in part. Prior to modifying the development agreement by mutual consent, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

   D.   Termination:

      1.   Termination For Failure To Comply With Terms And/Or Conditions: The board may terminate a development agreement and reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to terminating a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined by the board to come into compliance with the terms and/or conditions. Prior to terminating the development agreement for failure to comply, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

      2.   Termination By Mutual Consent: The board and the owner or subsequent owners of the land may mutually agree to terminate a development agreement and reverse the zoning map amendment, in whole or in part. Prior to terminating the development agreement by mutual consent, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

      3.   Termination At Owner's Discretion: The owner of land subject to a development agreement may terminate the development agreement as to any remaining undeveloped land if the board modifies the development agreement without mutual consent. In the event the owner chooses to terminate the development agreement under these circumstances, the board may reverse the zoning designation of any undeveloped portion of the land.

      4.   Termination When Owner Has Complied With And/Or Completed All Terms And/Or Conditions: A development agreement terminates when the owner has complied with and/or completed all the terms and/or conditions of the development agreement.

   E.   Recording: Approved development agreements, any subsequent modification(s) thereof, or termination of a development agreement shall be recorded in the office of the Ada County recorder. The applicant shall pay all recording fees.

   F.   Fees: The board shall establish a fee for conducting reviews. (Ord. 738, 2-23-2010)

The purpose of this article is to promote the educational, cultural, economic and general welfare of the public of Ada County through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the county's, the state's and the nation's historic, architectural, archaeological, and cultural heritage. (Ord. 566, 11-2-2004; amd. Ord. 694, 5-14-2008)

   A.   There is hereby created a historic preservation council which shall consist of members who shall be appointed by the board. The number of members shall be set by the bylaws of the council and shall be consistent with the standards set for participation in the national park services' certified local government program and Idaho Code section 67-4601 et seq., as may be amended and/or retitled in the future.

   B.   All members of the council shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The board shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines.

   C.   All appointments shall be made for three (3) year terms. Council members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for a full term. (Ord. 566, 11-2-2004; amd. Ord. 694, 5-14-2008)

   A.   The council shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this chapter. Rules of procedure and bylaws adopted by the council shall be available for public inspection. Changes to bylaws shall be approved by the board after adoption by the council.

   B.   The council shall elect a chairman and vice chairman from among the council members. The chairman shall preside at meetings of the council. The vice chairman shall, in the absence of the chairman, perform the duties of the chairman.

   C.   All meetings of the council shall be open to the public, and follow the requirements of Idaho's open meeting laws. The council shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions.

   D.   The council may recommend to the board the employment of or the contracting with other parties for the services of technical experts or other persons, to assist the council in its functions. (Ord. 566, 11-2-2004; amd. Ord. 694, 5-14-2008)

The council shall be advisory to the board and shall be authorized to:

   A.   Conduct a survey of local historic properties.

   B.   Recommend the acquisition, by the county, of fee simple and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.

   C.   Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the county.

   D.   Recommend that the lease, sale, or other transfer or disposition of historic properties be made subject to rights of public access and other covenants and in a manner that will preserve the property.

   E.   Draft and submit to the board for approval, contracts with the state or federal government, or any agency of either, or with any other organization.

   F.   Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.

   G.   Make recommendations and otherwise participate in the planning processes undertaken by cities, the county, the state, or the federal government and related agencies.

   H.   Recommend ordinances to the county and otherwise provide information for the purposes of historic preservation in the county.

   I.   Promote and conduct educational and interpretive programs on historic preservation and historic properties in the county.

   J.   Enter private property, buildings, or structures in the performance of its official duties, but only with the express consent of the owner or occupant thereof.

   K.   Review nominations of properties, within the county's jurisdiction, to the National Register of Historic Places and provide comments to the state historic preservation office.

   L.   Nominate properties within the county's jurisdiction to the National Register of Historic Places. (Ord. 566, 11-2-2004; amd. Ord. 694, 5-14-2008)

The purpose of this article shall be to provide a procedure by which the board or the commission shall conduct hearings that may be conducted in person and/or by virtual means in land use which, by federal, state, or county law, require the receipt of evidence, whether testimony, documents, or otherwise, and a response from the board in the form of a written decision, or a decision or recommendation from the commission, based on the record. (Ord. 683, 1-23-2008; amd. Ord. 794, 2-15-2012; amd. Ord. 843, 6-3-2015; amd. Ord. 929, 9-8-2021)

For the purposes of this title, the following terms shall have the following meanings:

APPLICANT/APPELLANT: The person or entity seeking a decision from the board, or a decision or recommendation from the commission.

STAFF: Any Ada County officer or employee present during the hearing. (Ord. 683, 1-23-2008; amd. Ord. 794, 2-15-2012; amd. Ord. 843, 6-3-2015)

Hearings before the board or the commission shall be conducted in general conformance with the following procedure:

   A.   Generally: The board or the commission may require any person who will testify at a hearing to be sworn in before testifying. The board or the commission may place a time limit on verbal testimony. If there will be a time limitation, the limitation shall be announced at the beginning of the hearing.

   B.   Overview Of The Application: Hearings before the board or the commission shall commence with a very brief overview from staff and staff's submission of the written report to the board or the commission.

   C.   Applicant/Appellant Presentation Of Application: The applicant/appellant presents his or her application and shall be allowed an opportunity to present testimony, documents, and other evidence which supports the application.

   D.   Public Testimony: The board or the commission shall take comments from the public. Those providing public testimony shall be provided an opportunity to present testimony, documents, or other evidence. In its discretion, the board or the commission may alternate between those supporting and those opposing a particular application.

   E.   Applicant/Appellant Rebuttal: The applicant/appellant shall be allowed the opportunity for rebuttal. Such rebuttal shall be limited to responding to testimony, documents, or other evidence provided during the public testimony.

   F.   Clarification Of Factual Questions: When statements of fact in the written record appear to be in dispute from all of the testimony given, the board or the commission may ask the staff and/or the applicant/appellant to clarify whether the written record is in error.

   G.   Close Record: After the board or the commission closes the record and begins its deliberation, no further comments or testimony may be taken from the applicant/appellant, staff or the public. (Ord. 683, 1-23-2008; amd. Ord. 792, 11-2-2011; amd. Ord. 794, 2-15-2012; amd. Ord. 843, 6-3-2015)

   A.   Every applicant or affected person seeking judicial review of the board's final decision must first submit with the director an application and the fee as set forth in chapter 7, article A of this title for reconsideration of the board's decision, specifying deficiencies in the decision within fourteen (14) days of the date of the decision, along with the applicable fee. The deficiencies identified must be based on the record and not based on information that is not part of the record.

When the record has been closed, the board or the commission shall take the matter under advisement for the purpose of deliberating toward a decision or recommendation based on the record. After deliberating, the board or the commission may then immediately render a written decision or recommendation complying with applicable law or may continue the matter to a date and time certain for further deliberation and decision or recommendation. (Ord. 683, 1-23-2008; amd. Ord. 794, 2-15-2012)