This chapter requires a permit for all land development and building activity in the city and establishes procedures for the administration of this title, including the procedures for processing permit applications required by Idaho Code, § 67-6519, and the hearing procedure required by Idaho Code, § 67-6534.

(1992 Development Code; Code 2011, § 11-2-1)

A permit shall be required for any division of land, grading, excavation, construction, reconstruction, or any land development, land use, or building activity, including modification of address of a tract of land with a previously existing address, except as specifically exempted by section 9-2-3 or 9-2-4. Applications for permits shall be processed as described in this chapter.

(Code 2011, § 11-2-2; Ord. No. 582, 8-16-2006)

(a)

No permit shall be required for land divisions resulting from the following activities:

(1)

An adjustment of lot lines shown on a recorded plat that does not reduce the area, frontage, width, depth, or building setback lines on any lot below the minimum requirements of this title, and does not change the original number of lots in the plat;

(2)

An allocation of land in the settlement of an estate, or as a result of a court decree for the distribution of property;

(3)

An unwilling sale of land as a result of condemnation, or the acquisition of street rights-of-way or other public ways or spaces by a public agency;

(4)

An exchange of land for the purpose of straightening adjacent property boundaries which does not result in a change in land use;

(5)

Any division in which all parcels created or remaining are more than 20 acres in size and which does not involve the dedication of streets or other public ways or spaces; or

(6)

The creation of cemetery lots.

(b)

State law may require a record of survey for some activities exempted by this section.

(1992 Development Code; Code 2011, § 11-2-3)

(a)

Activities listed herein are not exempt from any requirement of this title, except the requirement for a permit. No permit shall be required for:

(1)

Excavation or grading for agricultural purposes or that is exempt from the requirements of the International Building Code, except where such excavation or grading is for the purpose of mining, which is not permitted in some zoning districts and always requires a special use permit, or within special flood hazard areas, where all grading is subject to a permit;

(2)

Repairs or remodelings that do not alter the exterior dimensions of the building involved by more than six inches;

(3)

Accessory buildings that are also exempted from review by the International Building Code (note that this generally exempts accessory buildings with a floor area of 120 square feet or less), except where such accessory buildings are located within an airport safety zone or special flood hazard area;

(4)

Fences that are also exempted from review by the International Building Code (all fences must be in compliance with section 9-12-4(d));

(5)

Minor utility installations, except where such installations are in an airport safety zone or special flood hazard area; and

(6)

Certain signs, as provided in section 9-17-1.

(b)

The international building codes may require a building permit for some activities exempted by this section.

(1992 Development Code; Code 2011, § 11-2-4; Ord. No. 563, 4-16-2003)

Applications shall be submitted on forms provided by the city. Multiple copies of applications and supporting materials, including a site plan, may be required by the administrator. Applications shall contain all information required to demonstrate compliance with this title, and no incomplete application shall be accepted.

(1992 Development Code; Code 2011, § 11-2-5)

Application fees for each type of permit established by this title shall be established by resolution of the council.

(1992 Development Code; Code 2011, § 11-2-6)

The lot split permit procedure is designed to ensure that the creation of new parcels of land does not result in violation of this title or unnecessary applications for variances. City review of proposed lot splits also helps protect utility easements and streets from encroachment and consumers from purchasing inaccurately described property. Applications for lot split permits shall follow the procedure described herein. An application for a lot split permit may be submitted and processed simultaneously with an application for a development permit or combined into an application for a special use permit, in which case it shall be approved or disapproved by the planning and zoning commission along with the application for the special use permit.

(1)

The developer shall file a properly completed application form, including a record of survey, the required supporting materials, and the required application fee with the administrator.

(2)

The administrator shall determine whether the proposed lot split is in compliance with the comprehensive plan and this title. If they find that the proposed lot split complies, the application for a permit shall be approved. If they find that the proposed lot split does not comply, the application for a permit shall be disapproved. Conditions may be attached to approval of the permit, as provided in section 9-2-11.

(3)

The administrator shall notify the developer of the decision within ten days, except as provided in subsection (4) of this section.

(4)

The administrator may refer any lot split application to the commission for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular commission meeting.

(5)

The administrator's decision may be appealed to the council using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

(6)

Approval of a lot split permit alone does not constitute or imply approval of a permit for any prospective use of the lot created.

(1992 Development Code; Code 2011, § 11-2-7)

The subdivision permit procedure is designed to ensure that land development is accompanied by installation of the necessary on site public facilities and that it is compatible with neighboring land uses, the landscape setting, and the capacity of off-site public facilities and services. City review of subdivisions helps protect utility easements and road rights-of-way from encroachment and protects consumers from purchasing inaccurately described property. Applications for subdivision permits shall follow the procedure described herein. In order to reduce the number of hearings required, an application for a subdivision permit may be submitted and processed simultaneously with an application for a special use permit for a special use on one or more of the proposed subdivision lots.

(1)

The developer shall file a request for a sketch plan review with the administrator. Sketch plan review is not required for minor subdivisions, but the developer of such a subdivision may elect to follow the sketch plan review procedure.

(2)

The administrator shall place the sketch plan review on the agenda of the next regular planning and zoning commission meeting at which time will allow its proper consideration.

(3)

The commission shall review the sketch plan. Sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal, and for the applicant to be made aware of possible questions and the applicable requirements of this title.

(4)

The developer shall file a properly completed application form, including a preliminary plat, the required supporting materials, and the required application fee with the administrator.

(5)

The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of subsection (7) of this section can be met and at which time will allow proper consideration of the proposed subdivision.

(6)

The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

(7)

The administrator shall provide notice of the hearing, as follows:

a.

By first class mail documented by a certificate of mailing to all adjoining property owners and all owners of property within 300 feet of the site at least 15 days before the hearing, except as provided in subsection (7)d of this section;

b.

By newspaper publication: One legal notice in the official newspaper, appearing at least 15 days prior to the hearing; and

c.

By first class mail: To media and interested individuals who have requested, in writing, that the administrator provide such notice, and to all potentially affected public service providers;

d.

Where 200 or more first class mailings would be required, the administrator may limit mailings to the nearest 199 property owners, while still providing all other required forms of notice.

e.

All notices shall comply with the requirements of section 9-2-12.

(8)

The commission shall conduct a hearing on the proposed subdivision following the procedure established in section 9-2-56. No application for a subdivision shall be reviewed if the developer or a representative is not present.

(9)

The commission shall determine whether the proposed subdivision is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed subdivision complies, it shall approve the application. If it finds that the proposed subdivision is not in compliance, it shall disapprove the application. Conditions may be attached to approval of the permit, as provided in section 9-2-11. Approval of the permit for a minor subdivision shall also constitute commission approval of that subdivision's final plat.

(10)

The administrator shall notify the developer and interested parties of the commission's decision within ten days.

(11)

The commission's decision may be appealed to the council using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

(12)

The developer may file a final plat with the administrator at any time after the subdivision permit is approved. Phased final platting is permitted by sections 9-15-5 through 9-15-14. No commission review (subsections (13) through (16) of this section) shall be required for minor subdivisions.

(13)

The administrator shall place the final plat on the agenda of the next regular commission meeting at which time will allow for proper review of the proposed final plat.

(14)

No public notice or public hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present.

(15)

The commission shall review the final plat and determine whether it is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat is not in compliance, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in section 9-2-11.

(16)

If the commission approves the final plat, they shall, or in the case of a minor subdivision, the administrator shall, place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the council using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received.

(17)

The council shall determine whether the final plat is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat is not in compliance, it shall disapprove that plat. Conditions may be attached to council approval of a final plat, as provided in section 9-2-11.

(18)

The administrator shall notify the developer and interested parties of the council's decision within ten days.

(19)

Approval of a subdivision permit or plat does not constitute or imply approval of a permit for any prospective use of any lot created.

(1992 Development Code; Code 2011, § 11-2-8; Ord. No. 502, 9-18-1996)

The purpose of the development permit procedure is to ensure that routine land development and building activity complies with this title. Applications for development permits shall follow the procedure described herein.

(1)

The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator. The application for a development permit may be submitted and processed simultaneously with the application for a lot split permit (see section 9-2-7), a building permit required by the International Building Code or, in the case of home occupations, the application for a business license as provided by section 3-6-1.

(2)

The administrator shall determine whether the proposed building or use is in compliance with the comprehensive plan and this title. If they find that the proposed building or use complies, the application for a permit shall be approved. If they find that the proposed building or use does not comply, the application for a permit shall be disapproved.

(3)

The administrator shall notify the developer of the decision within ten days, except as provided in subsection (4) of this section.

(4)

The administrator may refer any building permit application to the planning and zoning commission for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular commission meeting.

(5)

The administrator's decision may be appealed to the commission using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period. No substantially similar application for a special use permit involving the same property that has been denied shall be made until at least six months from the date of denial of the previous application.

(1992 Development Code; Code 2011, § 11-2-9; Ord. No. 519, 4-15-1998; Ord. No. 563, 4-16-2003)

The purpose of the special use permit procedure is to implement the comprehensive plan by requiring intensive public review of certain developments, and by requiring those developments to comply with performance standards designed to ensure their compatibility with neighboring uses, the landscape setting, and the capacity of public facilities and services. Applications for special use permits shall follow the procedure described herein.

(1)

The developer shall file a request for a sketch plan review with the administrator.

(2)

The administrator shall place the sketch plan review on the agenda of the next regular planning and zoning commission meeting at which time will allow its proper consideration.

(3)

The commission shall review the sketch plan. Sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal, and for the applicant to be made aware of possible questions and the applicable requirements of this title.

(4)

The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.

(5)

The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of subsection (7) of this section can be met and at which time will allow proper consideration of the proposed subdivision.

(6)

The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

(7)

The administrator shall provide notice of the hearing, as follows:

a.

By first class mail documented by a certificate of mailing to all adjoining property owners and all owners of property within 300 feet of the site at least 15 days before the hearing, except as provided in subsection (7)e of this section;

b.

By newspaper publication: One legal notice in the official newspaper, appearing at least 15 days prior to the hearing;

c.

By first class mail: To media and interested parties and individuals who have requested, in writing, that the administrator provide such notice, and to all potentially affected public service providers;

d.

By posting on the site: At least seven days before the hearing, a sign conveying the required notice shall be posted on the site. Such sign shall be prominently visible from the nearest public street;

e.

Where 200 or more first class mail notices would be required, the administrator may limit first class mail notice to the nearest 199 property owners, while still providing all other required forms of notice.

f.

All notices shall comply with the requirements of section 9-2-12.

(8)

The commission shall conduct a hearing on the proposed special use following the procedure established in section 9-2-56. No application for a special use permit shall be reviewed if the developer or a representative is not present.

(9)

The commission shall determine whether the proposed special use is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed special use complies, it shall approve the application. If it finds that the proposed special use does not comply, it shall disapprove the application. Conditions may be attached to approval of the permit, as provided in section 9-2-11.

(10)

The administrator shall notify the developer and interested parties of the commission's decision within ten days.

(11)

The commission's decision may be appealed to the council using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

(1992 Development Code; Code 2011, § 11-2-10; Ord. No. 502, 9-18-1996)

Conditions may be imposed on any lot split, development, subdivision, or special use permit approval, or variance, if:

(1)

The conditions are clearly designed to ensure compliance with one or more specific requirements of this title; and

(2)

A list of all conditions imposed is provided to the developer with notice of the decision. That list shall specifically identify the provision of this title the condition is designed to implement.

(1992 Development Code; Code 2011, § 11-2-11)

All required notices shall provide the following information:

(1)

The name and mailing address of the developer;

(2)

A legal description of the development site;

(3)

The present land use at the site;

(4)

The proposed use and, for subdivisions, proposed number of lots and average proposed lot size;

(5)

The body (planning and zoning commission or council) that will conduct the hearing;

(6)

The date, time, and place of the hearing;

(7)

A statement of the availability of application materials for public review; and

(8)

A statement that public comment is encouraged.

(1992 Development Code; Code 2011, § 11-2-12)

Permits, including variances, shall be valid for two years from the date of approval, unless extended by a development agreement, as provided in sections 9-15-5 through 9-15-14. Where work has not been completed within the two years allowed, the administrator shall provide written notice to the developer that the permit has expired, that all vested rights have been lost, and that a new permit must be obtained before development is initiated or resumed.

(1992 Development Code; Code 2011, § 11-2-13)

Any person may appeal any decision of the administrator to the planning and zoning commission and any decision of the commission to the council using the procedure described herein.

(1)

The appellant shall file a properly completed appeals form, the required supporting materials, and the required appeals fee with the administrator.

(2)

The administrator shall place a hearing on the appeal on the agenda of the next regular commission/council meeting for which the notice requirements can be met. Notice requirements for an appeal shall be the same as for the permit application.

(3)

The commission/council shall conduct a hearing on the appeal following the procedure established in section 9-2-56. No appeal shall be heard if the appellant or a representative, and, when the appellant is not the developer, the developer or a representative, is not present.

(4)

The commission/council shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify, or overturn that decision accordingly.

(5)

The administrator shall notify the appellant and interested parties of the commission/council decision within ten days.

(1992 Development Code; Code 2011, § 11-2-14)

Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this title is strictly enforced. Applications for variances shall follow the procedure described herein. Whenever the need for a variance is anticipated, the application for a variance may be combined with a lot split, subdivision, development, or special use permit. Where an application for a variance is combined with an application for a lot split or building permit, that permit shall be approved or disapproved by the planning and zoning commission along with the variance.

(1)

The developer shall file a properly completed application form, including a site plan, the required supporting materials, and the required application fee, with the administrator.

(2)

The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met. Notice requirements for a variance shall be the same as for a special use permit.

(3)

The commission shall conduct a hearing on the proposed variance following the procedure established in section 9-2-56. No application for a variance shall be reviewed if the developer or a representative is not present.

(4)

The commission shall approve a variance only upon finding that:

a.

The need for a variance results from physical limitations unique to the lot on which the variance is requested;

b.

Failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot is possible without a variance;

c.

The alleged hardship has not been created by action of the lot's owner or occupants;

d.

Approval of the variance will not create a nuisance or result in potential harm to adjoining properties or the neighborhood;

e.

Approval of the variance will not have an adverse effect on the implementation of the comprehensive plan; and

f.

The variance is the minimum relief from the requirements of this title necessary to permit a reasonable conforming use.

Additional findings may be required for variances in airport safety zones or special flood hazard areas.

(5)

Conditions may be attached to the approval of a variance, as provided in section 9-2-11.

(6)

The administrator shall notify the developer and interested parties of the commission's decision within ten days.

(7)

The commission's decision may be appealed to the council using the appeals procedure of section 9-2-34. Any person wishing to appeal a decision shall file a notice of appeal with the administrator within ten days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

(1992 Development Code; Code 2011, § 11-2-15)

This procedure shall be followed in all hearings.

(1)

The presiding officer shall announce the purpose and subject of the hearing.

(2)

The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be rescheduled.

(3)

The presiding officer shall determine whether the application form required by this title is complete and includes all required supporting materials. If the application is not complete, the hearing shall be rescheduled.

(4)

The presiding officer shall ask if any planning and zoning commission/council member wishes to declare a conflict of interest, as defined by Idaho Code, § 67-6506, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.

(5)

The presiding officer shall ask the administrator to present a report on the proposal being considered.

(6)

The presiding officer shall direct questions from commission/council members to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the proposed development.

(7)

The presiding officer shall remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this title.

(8)

The presiding officer shall ask for a statement from the developer or their representative. Commission/council members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.

(9)

Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Commission/council members may ask questions following any statement. All questions and replies shall be directed through the presiding officer.

(10)

When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from commission/council members may follow each rebuttal or clarification.

(11)

The presiding officer shall close the public hearing and call for discussion and action by the commission/council.

(12)

Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the city. Supporting materials shall be left with the administrator after each statement is made.

(1992 Development Code; Code 2011, § 11-2-16)

These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.

(1)

The planning and zoning commission/council may impose time limits on the statements given in order to ensure completion of the agenda.

(2)

The commission/council may require persons who wish to make a statement to register their intention to do so with the administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.

(1992 Development Code; Code 2011, § 11-2-17)

As required by Idaho Code, § 67-6536, the administrator shall keep a transcribable tape record of all hearings on file for at least six months after the final hearing on the development.

(1992 Development Code; Code 2011, § 11-2-18)

All decisions of the planning and zoning commission or council shall be reported in the form of findings of fact and conclusions of law, as required by Idaho Code, § 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the administrator, and all materials submitted by the developer or citizens at the public hearing.

(1992 Development Code; Code 2011, § 11-2-19)

This section establishes the reasonable time for deliberation on applications by the planning and zoning commission required by Idaho Code, § 67-6519. The commission shall make a decision on an application for a permit within 180 days of the meeting at which the application first appeared on the commission agenda, except that the commission may table any application for which a large scale development study is required by section 9-12-78 for a period of more than 180 days while the required study is conducted. Any time after the 180 days, the applicant can demand a decision within 60 days.

(Code 2011, § 11-2-20; Ord. No. 541, 12-15-1999)

Whenever the administrator becomes aware of an activity for which a permit is required by this title, but for which a permit has not been approved, they shall notify the occupant (and owner, if they are not the same) of the site to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If activity does not cease immediately, the administrator shall ask the city attorney to take prompt action, as authorized by Idaho Code, § 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this title.

(1992 Development Code; Code 2011, § 11-2-21)

A certificate of compliance shall be issued before any building or use is occupied. A certificate of compliance indicates that an on site inspection has shown that the building or use complies with this title, including any conditions imposed upon its approval. Occupancy of a building or use without a certificate of compliance shall be a violation of this title. The issuance of a certificate of compliance shall not be construed as approval of any violation of this title that may have been undiscovered during the inspection.

(1992 Development Code; Code 2011, § 11-2-22)

A temporary certificate of compliance may be issued to permit temporary use of a building in cases where weather prevents prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be valid for more than 90 days.

(1992 Development Code; Code 2011, § 11-2-23)

The procedure for enforcement of this title shall be as described herein.

(1)

The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the sections of this title being violated, and order the occupant/owner to attain compliance within 30 days.

(2)

Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or:

a.

File a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of 60 days and culminated by an inspection to show that compliance has been attained; or

b.

File an appeal of the administrator's notice, following the appeals procedure of section 9-2-34. All enforcement actions shall be stayed while the appeal is being heard.

(3)

If any person notified of a violation in accordance with subsection (1) of this section fails to attain compliance within the time allowed, or is found to be in violation at an appeals hearing, the administrator shall ask the city attorney to take immediate action to end the violation.

(4)

The city attorney shall take effective action, civil or criminal, to promptly end the violation.

(1992 Development Code; Code 2011, § 11-2-24)

Violations of this title shall be a misdemeanor, and shall be punishable by a fine in any amount not exceeding $300.00, or by imprisonment for a period of not longer than 30 days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense.

(1992 Development Code; Code 2011, § 11-2-25)

Any person may petition for the amendment of this title or the comprehensive plan. Amendments may also be initiated by the planning and zoning commission or council, but the council must refer any amendment it proposes to the commission for action as described herein. The amendment procedure shall be as described herein and in Idaho Code, § 67-6509 or 67-6511.

(1)

The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.

(2)

The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow proper consideration of the proposed amendment.

(3)

The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

(4)

The administrator shall provide notice of the hearing, as follows:

a.

By newspaper publication: One legal notice in the official newspaper, appearing at least 15 days prior to the hearing; and

b.

By first class mail: To other media and interested agencies and individuals who have requested, in writing, that the administrator provide such notice, and to all potentially affected public service providers.

c.

The following additional forms of notice are required for zoning map amendments, including the initial zoning of areas proposed for annexation:

1.

By first class mail documented by a certificate of mailing: To all adjoining property owners and all owners of property within 300 feet of the site at least 15 days before the hearing, except as provided in subsection (4)d of this section; and

2.

By posting on the site: At least seven days before the hearing, a sign conveying the required notice shall be posted on the site. Such signs shall be prominently visible from the nearest public street.

d.

Where 200 or more first class mailings would be required, the administrator may limit first class mailings to the nearest 199 property owners, while still providing all other required forms of notice.

(5)

The commission shall conduct a hearing on the proposed amendment following the procedure established in section 9-2-56. No application for an amendment shall be reviewed if the developer or a representative is not present.

(6)

For zoning amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the council approve or disapprove it accordingly. For comprehensive plan amendments, the commission shall determine whether the proposed amendment is in the public interest, and recommend that the council approve or disapprove it accordingly.

(7)

The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular council meeting for which the notice requirements can be met. Notice shall be provided in the same manner as for the hearing before the commission.

(8)

The council shall conduct a hearing on the proposed amendment following the procedure established in section 9-2-56. For zoning amendments, this hearing shall also constitute the first reading of the ordinance required by Idaho Code, § 50-901. No application for an amendment shall be reviewed if the developer or a representative is not present.

(9)

For zoning amendments, the council shall determine whether the proposed amendment is consistent with the comprehensive plan and adopt or disapprove it accordingly. For comprehensive plan amendments, the council shall determine whether the proposed amendment is in the public interest and adopt or disapprove it accordingly.

(10)

The administrator shall notify the developer and interested parties of the council's decision within ten days, but no amendment to this title shall become effective until that amendment has been adopted as an ordinance and published as required by law.

(1992 Development Code; Code 2011, § 11-2-26; Ord. No. 502, 9-18-1996)