The purpose of this chapter is to define the general procedures for obtaining zoning approval from the city, the various levels of zoning review and the requirements for public notice and conduct of hearings. (2003 Code § 11-03-01)

   A.   Form Of Application: Every person desiring to erect or construct a building or other structure and every person seeking zoning approval, as herein defined, shall submit an application to the building director on a prescribed form, accompanied by the appropriate filing fee as approved by the city council. Application forms shall be accompanied by supporting information as defined by the application form and as required by the building director. Multi-family residential site plan design, for 4 unit dwellings and above, must include an aerial view, legal description showing existing easements and be produced by architecture/engineering software.

   B.   Building Permit Required: A building permit is required for the erection, construction or alteration of any structure.

   C.   Variances, Conditional Uses, Etc.: All applications for variance, conditional use, annexation, rezone and special exception submitted for review by the planning and zoning commission shall include documentation of the following:

      A preapplication conference with the building department staff and invited referral agencies must have been held not more than six (6) months, nor less than one week prior to the submittal of the application.

(2003 Code § 11-03-02; amd. Ord. 2252, 2-6-2024)

The building director shall maintain a current list of fees for all building permits and zoning applications. The fees for building permits and zoning applications may be revised only by the city council. Current fee schedules may be obtained from the building department. (2003 Code § 11-03-03)

The staff of the building department shall advise the public on the preparation of applications. The building director shall decide the appropriate review procedure for each application filed consistent with the requirements of this title. The decision of the building director may be appealed to the planning and zoning commission. (2003 Code § 11-03-04)

   A.   Level Specified: Three (3) levels of zoning review are hereby established: administrative level, commission level and city council level. All applications submitted to the building department shall be subject to one or more of these reviews:

      1.   Administrative Level: There is hereby established a category of uses that are considered to be allowed uses but for which final approval may be withheld until certain standards and/or criteria are complied with. The building director is authorized to review the required approval standards and/or criteria for this category of allowed uses and issue final approval or withhold final approval. The actions of the building director on administrative applications may be appealed to the appropriate authority as hereinafter set forth.

      2.   Commission Level: This level of review requires action by the planning and zoning commission. An application and fee are required for commission level review. Commission level decisions may be appealed to the city council, subject to the procedures set forth in section 11-3-7 of this chapter.

      3.   City Council Level: Certain zoning applications require action by the city council. An advertised public hearing and a recommendation from the planning and zoning commission are required for certain city council level review. Decisions of the city council can be appealed through the judicial system.

   B.   Resubmittal Of Application: No application for conditional use, rezone, annexation or variance review that has been denied by the commission or city council, shall be resubmitted in either the same or substantially the same form in less than one year from the date of final action thereon. (2003 Code § 11-03-05)

Certain commission and city council level zoning reviews require a public hearing. The date for such hearing shall be established by the building director based upon published cutoff and hearing dates for commission level reviews. The hearing shall be held no later than forty four (44) calendar days after acceptance of such application and shall include all necessary documents pertinent thereto. Upon the determination of the building director, when an application is unusually complex and requires additional review, the date for the public hearing may be fixed no later than sixty six (66) calendar days after receipt of such application. Deferrals due to lack of commission quorum or a request by the applicant shall extend the time during which the hearing must be held. Council hearing dates shall be established by the city council at a council meeting after the commission files its recommendation with the city clerk.

   A.   Notice And Publication Of Hearing; Criteria:

      1.   At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in a newspaper of general circulation within the city. A notice shall also be made available to other newspapers, radio and television stations servicing the city for use as a public service announcement. For conditional use applications, rezone applications and site specific appeals, additional notice shall be provided by mail to property owners or purchasers of record within the land being considered; within three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the building director. Notice is deemed sufficient if mailed to the owners of record. Only one notice need be sent to each household if the owners of record are husband and wife. Notice shall also be posted in a conspicuous place on the premises not less than one week prior to the hearing. Failure of the city to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid; provided, that the city substantially complies with the notice and hearing requirements of this chapter.

      2.   The criteria used by the building director for determining if additional areas may also be impacted by the proposed change shall be as follows:

         a.   The application could result in significant adverse traffic, environmental, aesthetic, noise, pollution or population density impacts occurring outside the minimum three hundred feet (300') notice area.

         b.   The public interest would be better served by expanding the area to be notified. (2003 Code § 11-03-06)

   B.   Alternate Forms Of Notice: When posted or mailed notice is required to two hundred (200) or more property owners, purchasers of record or residents, alternate forms of notice may be provided as follows: In lieu of mailed notices, three (3) additional newspaper notices as described above and required notice size as specified in Idaho Code sections 67-6509 and 67-6512(c); and in lieu of posted notice on each premises, the general area may be posted with notice. (2003 Code § 11-03-06; amd. 2012 Code)

   C.   Material Changes In Proposal: Following the commission hearing, if the commission makes a material change in the proposal, further notice and hearing shall be provided before the commission forwards the proposal with its recommendation to the city council. For purposes of this subsection, a "material change" shall mean any modification of the proposal which, in the opinion of the commission, is of such importance that the public interest will be better served by additional notice and public hearing. At any public hearing, the commission may order the hearing to be continued by publicly announcing the time and place of continuance and no further notice thereof shall be required. Failure of the city to provide actual notice to each person so entitled shall not render any proceeding hereunder invalid; provided, that the city substantially complies with the notice and hearing requirements of this section.

   D.   Conduct Of Hearings: The city council, the planning and zoning commission, the hearing examiner, or any other board or commission that conducts public hearings under this title shall conduct said hearings in substantial conformity with the following standards. At all such hearings:

      1.   A sign in roster shall be kept at the entrance to the hearing room for all persons who wish to testify at the hearing on a particular application or issue. (2003 Code § 11-03-06)

      2.   The chair of the meeting shall conduct the hearing. In order to accommodate all participants, the chair may determine the time allotted to each speaker. (2003 Code § 11-03-06; amd. 2012 Code)

      3.   A transcribable record shall be taken and maintained.

      4.   The chair shall call upon the staff to make a preliminary presentation of facts.

      5.   Following the close of the presentation of facts by staff, the chair shall invite the applicant (or in the case of an appeal, the appellant) to make a presentation of evidence to the council, commission or committee. In situations when the council, commission or committee is acting as an appeals body and if the appellant is not an applicant for an approval or permit, then the chair shall call upon the applicant to present evidence to the council, commission or committee. The applicant or appellant may, in the discretion of the chair, be allowed up to thirty (30) minutes for the presentation of evidence unless an extension of time is granted by the council, commission or committee.

      6.   Every document referred to by any person during testimony (including charts, maps, photographic evidence or any other evidence) shall be offered into the record. Every exhibit offered shall be marked and entered into the record of the proceeding. Such exhibits shall be maintained in the building department during the appeal period.

      7.   After the staff presentation and testimony by the applicant (or in the case of an appeal, the appellant) the chair shall open the hearing for public testimony and shall invite the public to address the council, commission or committee in the order of names found on the sign in roster. If in the opinion of the chair the number of persons testifying is so large as to unduly delay the process of the hearing, the chair may limit public testimony to three (3) minutes for each member of the public. The public hearing may be continued upon motion to a date certain that shall be announced to the public there assembled.

      8.   During appeal hearings before council or the commission, testimony shall be limited to those issues that were set forth in the written appeal. The council or commission may ask questions or request information regarding aspects of the project that were not included in the written appeal if they desire.

      9.   All persons testifying before the council, commission or committee, except staff, shall state, for the record, their full name and address.

      10.   Members of the council, commission or committee may question any person who testified at any time or may, upon unanimous consent of the members present, recall a person for further testimony.

      11.   Before the close of the public testimony, the chair shall ask if any persons attending the hearing who did not sign the roster wish to be heard and any such person shall be given the opportunity to testify.

      12.   At the close of public testimony the chair shall solicit comments from staff for additional facts or clarifications as a result of the testimony given. After comments from staff, the applicant shall be given an opportunity to address final comments to the council, commission or committee. If the council, commission or committee is hearing an appeal by someone other than the applicant, the appellant shall be given an opportunity to make final statements to the council, commission or committee. The chair may determine the time allowed for final comments subject to the right of the council, commission or committee to grant such additional time it deems necessary.

      13.   After all testimony, the chair shall declare the public hearing closed and shall bring the matter back before the council, commission or committee for discussion and action. The discussion and decision may be deferred until another date certain that shall be then announced to the public there assembled.

   E.   Consent Agenda:

      1.   Routine, noncontested applications may be placed on a consent agenda by the commission in accordance with the procedures set forth herein. Only applications that meet the following criteria shall be considered for the consent agenda:

         a.   There has not been any written or verbal opposition to the application.

         b.   The building staff and the applicant are in agreement on the findings and conclusions and recommended conditions of approval.

         c.   The application complies with the city comprehensive plan and this title as proposed, or as it will be modified by conditions of approval.

      2.   Based upon a recommendation from the building staff, the chair of the commission, at the beginning of the public hearing, shall identify all items proposed for the consent agenda.

      3.   The chair shall propose the following questions:

         a.   Does the commission have any questions on the application (provide agenda number and applicant's name)?

         b.   Is there anyone present who has adverse testimony related to the application (provide agenda number, applicant's name, and location of site)?

         c.   Is the applicant or a representative of the applicant present?

         d.   Is the applicant in agreement with the staff recommendation, findings and conclusions, and conditions of approval?

      4.   If there is any opposition from any party regarding an application, that item shall not be placed on the consent agenda. Once the consent agenda is established, the commission may approve all items on the consent agenda with one motion.

   F.   Deferral Procedure:

      1.   Applications that have been placed on the planning and zoning commission public hearing agenda shall only be deferred by the commission. A request for deferral may be initiated by a member of the commission, the applicant, the building staff or the public. All deferral requests shall be in writing. Scheduled agenda items shall only be deferred by the commission within the public hearing.

      2.   An application shall be considered as on the agenda upon the mailing of radius notices to impacted property owners and residents. Prior to the placement of an application on the public hearing agenda, the applicant may submit a request for rescheduling to the building staff. The building director shall determine the appropriate hearing date for such requests.

      3.   Requests for deferral that are submitted prior to or at the start of the public hearing must be ruled upon by the commission after a review of the situation. The following guidelines should be applied to such requests for deferral:

         a.   If the applicant and the building staff are in agreement on the deferral including the requested length of deferral and there is no public opposition, the commission may consider the request to be routine. Such requests should be deferred to a date specific when possible to avoid readvertising.

         b.   Requests for deferral of contested applications must be acted upon by the commission after consideration of the basis for the request and input from those present to testify. The chair shall request input from the applicant, staff and concerned public on the requested deferral. Any member of the public who cannot or will not return for a deferral hearing shall be provided an opportunity to testify.

      4.   The commission may deny the request for deferral, grant a deferral to a date specific or defer the application indefinitely. In considering an indefinite deferral, the commission should consider the following:

         a.   Have previous deferrals been requested?

         b.   Are additional studies, redesign or other development alternatives being considered for which the time to complete cannot be accurately estimated?

         c.   The number of public present to testify and their input on a date specific deferral.

      5.   The applicant shall pay an additional fee to cover the cost of readvertising, for applications that are deferred indefinitely by the commission, unless the commission or staff initiates the request for deferral. Such fee shall be determined by the building director to cover the actual cost of readvertising and mailing radius notices. (2003 Code § 11-03-06)

Any administrative or commission level decision may be appealed to the appropriate commission, committee or council in accordance with the procedures established herein. All such appeals must be written, accompanied by the appropriate fee and submitted to the building director prior to the deadlines set forth herein. If the appeal deadline falls on a weekend or holiday, the appeal period is automatically extended to the next workday. Each appeal must clearly state the name, address and phone number of the person or organization appealing and the specific issues, items or conditions that are being appealed.

   A.   Administrative Decision Appeals: Any action of the building director on a specific administrative level application or on the general interpretation of this title may be appealed as follows:

      1.   Interpretation Of This Title: Decisions of the building director may be appealed to the planning and zoning commission by any person or by any official, department, board or bureau of the city aggrieved by such decision. Such appeals shall be made within ten (10) days from the date of such decision. Upon receipt of the appeal, the building director shall schedule the appeal before the commission at the next public hearing following the cutoff date prior to which the appeal is filed.

      2.   Other Administrative Level Applications: Actions of the building director on administrative level applications may be appealed to the planning and zoning commission by the applicant or any aggrieved person within ten (10) calendar days following the decision. Upon acceptance of the appeal, the building director shall establish a hearing date before the commission and shall notify the appealing party, the applicant and all property owners within three hundred feet (300') of the property. The commission, in reviewing the building director’s decision, may sustain, deny, amend or modify the decision by imposing additional or different conditions and limitations.

   B.   Planning And Zoning Commission Appeals:

      1.   Procedure: Any decision of the planning and zoning commission may be appealed to the city council by the applicant, any aggrieved person or the building director; provided, that such aggrieved person filed a written or oral protest with the commission at or before the public hearing, or personally appeared and voiced a protest at the hearing, except appeals based on lack of notice. The appealing party shall file a written notice of appeal stating the grounds for the appeal with the building director before five o’clock (5:00) P.M. of the tenth calendar day after the decision or determination of the commission has been made. The building director shall ascertain that the procedural requirements have been met, notify the city clerk, and forward all pertinent informational material to the city council for review. An appeal may not be withdrawn without the approval of the city council. The city council may sustain, deny, amend or modify the appeal.

      2.   Stay Of Proceedings: The filing of an appeal of a commission level decision stays further approvals (subdivision, building permit, etc.) on the project, provided the appeal is received at least twenty four (24) hours prior to any public hearing regarding the project.

   C.   Hearing Examiner Appeals: The procedure for review of the hearing examiner’s report is set forth in subsection 11-2-6C of this title.

   D.   Motions to Reconsider: An aggrieved party to any decision of City Council under this title shall have the right to file a motion to reconsider within fourteen (14) calendar days of the City Council’s decision. Such aggrieved party must have appeared and filed a written or oral protest at the public hearing on the issue. The party seeking reconsideration shall file a written notice specifically setting forth the objections to the decision, any factual or legal basis for the reconsideration, and the requested relief. Upon receipt of the request for reconsideration, and verification of all procedural requirements being met, the City Clerk shall place the matter on the next available City Council meeting. A timely motion to reconsider shall be a mandatory exhaustion of administrative remedies prior to the filing of any judicial review, declaratory judgment action, or other civil proceeding challenging the decision at issue. (2003 Code § 11-03-07; amd. Ord. 2221, 3-1-2022)