A.   Power To Amend: This title may be amended whenever the city council deems that amendment is required for the public convenience or necessity, or for the general welfare. Any amendment to this title shall be enacted pursuant to this section. The amendment of this title or the reclassification of zoning districts may be initiated by the city council, the planning and zoning commission, or by one or more property owners or holders of valid options to purchase property. The procedures set forth in this section shall apply to any measure to change district boundaries, reclassify districts, to change district regulations, to add, repeal or amend district regulations and to add, repeal or amend any other provisions of this section or the whole of this title.

   B.   Application, Fee Required: Every person seeking the reclassification of any land as regulated by this title shall file an application and fee with the zoning administrator/building director in accordance with section 11-3-2 of this title.

   C.   Public Hearing:

      1.   The planning and zoning commission shall advertise, provide notice and conduct a public hearing in accordance with section 11-3-6 of this title for each application to amend this title, or to reclassify a zoning district.

      2.   Any recommendation of the planning and zoning commission relating to change, modification and reclassification of zoning districts and land use classifications and the regulations and standards thereof shall be in writing. The recommendation shall include findings of fact supporting the purposes and objectives of zoning and otherwise securing public health, safety and general welfare. The recommendation shall specifically find that such changes, modifications and reclassifications of zoning districts and land use classifications and the regulations and the standards thereof:

         a.   Comply with and conform to the comprehensive plan; and

         b.   Provide and maintain existing future capabilities of public utilities; and

         c.   Maintain and preserve compatibility of surrounding zoning and development. (2003 Code § 11-06-01)

   A.   Power To Amend: The planning and zoning commission may recommend amendments to the plan to the city council not more frequently than every six (6) months to correct errors in the original plan or to recognize substantial changes in the actual conditions in the area.

   B.   Public Hearing Required: The planning and zoning commission, prior to recommending the adoption, amendment or repeal of the plan to the city council, shall conduct at least one public hearing in accordance with section 11-3-6 of this title.

   C.   Application Required: Every person seeking an amendment of the comprehensive plan shall file an application with the zoning administrator/building director in accordance with section 11-3-2 of this title. (2003 Code § 11-06-02)

Legislative intent. It is the intent of the legislature to honor the right of private landowners to have a voice in their own governance, to minimize conflict between citizens and the City of Blackfoot, to provide a mechanism for the orderly development of the city, including the efficient and economically viable provision of tax-supported and fee-supported city services, to enable the orderly development of private lands that benefit from cost-effective availability of the city services in urbanizing areas, and to equitably allocate the costs of public services in managing development on the urban fringe.

The corporate boundary of the city may be expanded whenever the city council deems it to be for the public convenience or necessity, or for the general welfare. A request for the annexation of subject land into the city may be initiated by the city council, the planning and zoning commission, or by one or more landowners. When the annexation request is initiated by the landowner, the planning and zoning commission may expand or modify the annexation request. All annexations shall be done be meeting the requirements for the consent of landowners, and subject lands that are enclaves, or contiguous to the corporate boundary of the city according to state statue 50-222.

   A.   Application Required: Every person seeking annexation into the city shall file, with the zoning administrator/building director, an application as prescribed in sections 11-3-2 and 11-3-3 of this title.

   B.   Public Hearing Required: The planning and zoning commission shall hold at least one public hearing for each annexation request as prescribed in section 11-3-6 of this title.

   C.   Recommendation From Commission: The planning and zoning commission shall file its recommendation on each annexation application with the city clerk in accordance with subsection D of this section. The commission's recommendation on annexation applications shall be in accordance with the following policies:

      1.   The annexation shall incorporate the Blackfoot sewer planning area.

      2.   Honor negotiated area of impact agreements.

      3.   Attempt to balance costs of services with anticipated revenues.

      4.   Promote other goals of population balance, contiguous development and prevention of costs due to leapfrog development.

   D.   Action By Commission: At every hearing before the planning and zoning commission, the commission shall hear all persons interested in the subject matter then pending before it. Not later than ten (10) days after the conclusion of the proceedings, the planning and zoning commission shall file with the city clerk a written report of the hearings before and by the commission at each hearing, and its recommendations to the city council.

(2003 Code § 11-06-03; amd. Ord. 2281, 11-4-2025)

   A.   Justification: Conditional uses by definition possess characteristics such as to require review and appraisal by the planning and zoning commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity.

   B.   Be Listed As A Conditional Use: Constitute a conditional use as established in the land use tables of this chapter.

   C.   Application, Fee Required: Every person seeking conditional use approval shall file an application and fee with the zoning administrator/building director in accordance with sections 11-3-2 and 11-3-3 of this title. A narrative statement shall discuss the general compatibility of the proposed development with adjacent properties and the neighborhood, the relationship of the proposed use to the comprehensive plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building height, massing, and solid waste.

   D.   Notice Of Hearing; Publication: The planning and zoning commission shall hold a public hearing and give notice of hearing for every application for a conditional use as required by section 11-3-6 of this title.

   E.   Commission Action: Following the hearing, the planning and zoning commission shall approve, deny or modify the application for a conditional use permit, imposing any conditions needed to establish the findings of subsection K of this section.

   F.   Effective Date Of Approval: Approval of any conditional use permit by the planning and zoning commission shall become final after a lapse of ten (10) calendar days from the date following the decision; provided, however, that such effective date shall be stayed by the filing of an appeal as provided in subsection 11-3-7B of this title.

   G.   Resubmittal Of Denied Application: No application for conditional use permit that has been denied by the planning and zoning commission or the 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.

   H.   Term Of Permits: The term of a permit shall continue indefinitely unless the approved conditional use changes to a new use or the operation of the approved conditional use increases by more than twenty-five percent (25%) or the operation of the approved conditional use changes sufficiently to violate the criteria and findings set forth in subsection N herein. If the approved conditional use requires modification of a structure, the holder of the permit must, within six (6) months:

      1.   Acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of structures in this context shall include sewer lines, water lines, streets or building foundations; or

      2.   Commence the use permitted by the permits in accordance with the conditions of approval; or

      3.   For conceptual conditional use permits, submit an application for detailed conditional use permit; or

      4.   For projects that require platting, the plat must be recorded within this period. The planning and zoning commission may also fix the time or period within which the permit shall be completed, perfected or bonded. If the conditions of approval shall not be completed or bonded within such period, said permit shall lapse.

   I.   Extensions:

      1.   If the use or operation of a conditional use permit changes or the approved operation increases, the planning and zoning commission may, upon written request by the holder, grant a one (1) year time extension to a conditional use permit and allow time for modification and/or submission of an application for a new conditional use permit. Upon receipt of written request for extension, the zoning administrator/building director shall determine if a hearing on the request is required, based on the following considerations:

         a.   Whether there have been significant amendments to the comprehensive plan or this title that will apply to the subject conditional use permit; or

         b.   If significant land use changes have occurred in the project vicinity that would adversely impact the project or be adversely impacted by the project; or

         c.   Whether hazardous situations have developed or have been discovered in the project area; or

         d.   If community facilities and services required for the project remain adequate.

      2.   If any of the foregoing considerations are found to exist with regard to the project for which an extension is sought, a hearing shall be required. If a hearing is required, notice shall be provided as described in section 11-3-6 of this title and a new application and fee must be submitted in compliance with current plans and ordinances and in accordance with the application procedures of this section.

   J.   Modification And Revocation: Upon application by the holder of a conditional use permit, the planning and zoning commission may modify the conditions and limitations of the permit in accordance with the limitations and requirements of subsection M of this section. The planning and zoning commission may delegate to the zoning administrator/building director authority to consider minor modifications to conditional use permits. The zoning administrator/building director may refer any modification request to the planning and zoning commission if in his/her judgment, the change is significant or could best be reviewed by the planning and zoning commission. The commission may revoke or modify a conditional use permit, upon notice and hearing, for breach or violation of any condition or limitation of said permit.

   K.   Staff Level Modifications: Staff level modifications of conditional use approvals shall include, but are not limited to, the following considerations:

      1.   A reduction in density that does not exceed twenty five percent (25%) of the total units.

      2.   A relocation of dwelling units or building pads for some practical reason, such as road alignment, topography, access or solar access or stability in hillside areas.

      3.   A change in the phasing plan.

      4.   A modification to the recreation area or open space design, but not elimination or significant reduction.

      5.   An increase or decrease in proposed setback as long as ordinance requirements are met.

      6.   A change in building elevations as reviewed and approved by the staff.

   L.   Conditional Use Modification; Considerations, Conditions:

      1.   Prior to approving any conditional use modification, the zoning administrator/building director shall determine that the following are true:

         a.   The requested modification was not the subject of an appeal during the public hearing process; or

         b.   The requested modification will not adversely impact adjacent properties.

      2.   All staff level conditional use modification approvals shall be in writing and shall be signed by the zoning administrator/building director, or deputy director. A letter stating the nature of the modification and findings of fact on which the approval was based shall be provided by mail to the applicant. A notice, stating the nature of the modification, shall be provided by mail to the property owners, purchasers of record and residents within a three hundred foot (300') radius of the external boundaries of the subject property. A copy of that notice and documentation of its mailing shall be noted and entered into the project files.

   M.   Modifications Requiring Commission Approval: Commission level approval of conditional use modifications shall be required for the changes described below:

      1.   Any increase in population density.

      2.   Density increases exceeding twenty five percent (25%) of the total density approved by the conditional use.

      3.   Any change that will impact the neighborhood, such as a change in traffic generation or flow, impacts to rivers or streams, or increases in soil erosion.

      4.   The requested change was the subject of an appeal during the public hearing.

      5.   The requested change would affect some other condition such as a condition regarding greenbelt, streets, schools, floodplain, etc.

      6.   A request for greater than twenty percent (20%) increase in building square footage.

      7.   A request to change the nature of the approved use.

      8.   A request to change or delete a condition of approval.

   N.   Criteria And Findings: The planning and zoning commission, following the procedures outlined below, may approve a conditional use permit when the evidence presented at the hearing is such as to establish:

      1.   Location: The location of the proposed use is compatible to other uses in the general neighborhood and will not place an undue burden on existing transportation and service facilities in the vicinity; and

      2.   Size Of Property: The site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls and fences, parking, loading, landscaping and such other features as are required by this title; and

      3.   Compatibility: The proposed use, if it complies with all conditions imposed, will not adversely affect other property of the vicinity; and

      4.   Nuisance: Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interface, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic and that the proposed use will not adversely affect the public health, safety or welfare; and

      5.   Compliance Plan: The proposed use is in compliance with and supports the goals and objectives of the comprehensive plan; and

      6.   Public Facilities And Services: The request can demonstrate adequate public facilities, including roads, schools, street access, drainage, drainage structures, potable water, sanitary sewer, refuse disposal, and police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use; and

      7.   Traffic: Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points; and

      8.   Natural Environment: The request has minimized, to the degree possible, adverse affects on the natural environment; and

      9.   Buffers: Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking; and

      10.   Slope And Soil: Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazard unless suitably designed to protect lives and property; and

      11.   Historic Features: Not result in the destruction, loss or damage of a historic feature of significance to the community of Blackfoot.

   O.   Supplementary Conditions And Safeguards: In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to:

      1.   Minimizing adverse impact on other developments.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring the development is properly maintained.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provision for on-site or off-site public facilities of services.

      7.   Requiring more restrictive standards than those generally required in this chapter.

   P.   Formal Notice: Formal notice will be sent to applicant after approval of a conditional use permit.

      1.   Notice will state the conditions of the permit.

   Q.   Time Limit: If conditions are violated or not met, there will be a ninety (90) day period to cure the non-compliant issue. Failure to comply with the terms may result in revocation of the conditional use permit.

(2003 Code § 11-06-04; amd. Ord. 2192, 5-5-2020)

   A.   Justification:

      1.   A planned development is a parcel of land that is planned and developed as a unit under single ownership or control, containing one or more uses, buildings and common open space or recreational facilities.

      2.   The planned development process provides an opportunity for land development that preserves natural features, allows efficient provision of services, and provides common open spaces or other amenities not found in traditional lot by lot development. The process also provides for the consistent application of conditions of approval for the various phases of a planned development. Every planned development requires a conditional use application, and shall be subject to all conditional use procedures.

   B.   Use Exceptions:

      1.   In the case of planned developments greater than five (5) acres in size in residential, commercial or industrial districts, the planning and zoning commission may authorize specified uses not permitted by the use regulations of the district in which the development is located. The purpose of this provision is to avoid single use projects that generate high levels of traffic and to promote other uses that are functionally integrated with and provide services to the primary use;

      2.   Approval shall be based on the following findings:

         a.   The uses permitted by such exception are strongly related to the primary use and are intended and designed to provide services or facilities useful and convenient to the primary use.

         b.   The uses permitted by such exception are integrated into the larger project through the following features:

            (1)   The use exception site shall be located in proximity to and therefore within reasonable walking distance of all portions of the primary use.

            (2)   One or more of the main vehicular accesses to the primary site shall also serve as the main access for the use exception site.

            (3)   Pedestrian and/or bicycle pathway connections shall be provided from the primary use.

            (4)   Buildings on the use exception site shall be oriented to facilitate access from the primary use.

            (5)   Architecture and building bulk shall reflect or complement the primary use.

            (6)   Landscaping concepts from the primary use shall be continued onto the use of the exception site.

            (7)   Signage shall be low profile and consistent with any sign package submitted for the primary use;

      3.   The uses permitted by the exception are neighborhood or community serving in nature and in scale and do not constitute a regional serving use;

      4.   The uses permitted by such exception are not of such a nature or so located as to be detrimental to the surrounding neighborhood;

      5.   No more than twenty percent (20%) of the total area of the planned development shall be devoted to the uses permitted by the exception; and

      6.   The development is phased so that the construction of the excepted use or uses will be justified by the construction of all or a proportionate phase of the permitted use.

   C.   Development Standards: The planning and zoning commission may approve planned unit developments in accordance with the following standards:

      1.   Changes May Be Approved: Changes from the development standards of the underlying zone may be approved.

      2.   Planned Development Size: The minimum size for a planned development shall be as follows:

         a.   Planned residential development: No minimum.

         b.   Planned commercial development: One acre.

         c.   Planned industrial development: Five (5) acres.

         d.   Planned office development: Two (2) acres.

      3.   Residential Density: The number of dwelling units allowed in a planned development shall be calculated by dividing the gross area, less the area set aside for nonresidential uses (that is, office, commercial or industrial), by the minimum lot area per dwelling unit required by the zone in which the site is located.

      4.   Private Open Space: All residential planned developments on less than one acre shall provide each dwelling unit with a minimum of one hundred (100) square feet of usable private open space. The planning and zoning commission should evaluate each project on its own merits and allow variations to the open space standard where it can be shown that the provided space meets the intent and purpose of this title.

      5.   Required Setbacks:

         a.   Attached structures may be permitted in planned developments. The minimum separation between detached buildings shall be ten feet (10') unless greater separation is required by fire or building codes.

         b.   Along the periphery of planned developments, yards shall be provided as required by the regulations of the district in which the development is located, unless the planning and zoning commission provides an exception as provided for in this subsection. Where development already exists at the periphery, the yards shall, where practical, be matched. For example, side yards should be provided adjacent to side yards, rear yards adjacent to rear yards and front yards opposite front yards.

      6.   Service Drives; Private Streets: Service drive design and construction shall comply with the requirements of this title. Private street design and construction shall comply with the requirements of the subdivision ordinance.

      7.   Residential Infill Planned Developments: Lots within the city that are located within areas already largely developed (at least 80 percent of the land within 300 feet of the exterior boundaries of the subject lot) and to which municipal fire, police, sewer, water and school services are already available may qualify for infill development. In reviewing infill planned development, the planning and zoning commission may allow exceptions to subsections C1 through C6 of this section as follows:

         a.   The planning and zoning commission may allow up to a twenty percent (20%) increase in the density allowed in the zoning district as an infill incentive.

         b.   The applicant shall submit documentation that the site qualifies as an infill site with the conditional use application. Verification of infill may be in the form of recent aerial photographs. In addition, the developer shall provide documentation regarding the availability of the following services: 1) water; 2) sewer; 3) fire coverage; and 4) public schools.

      8.   Residential Uses: A variety of housing types or residential uses may be included in planned developments, including attached units (duplexes, townhomes), detached units (patio homes), single-family units and multiple-family units (triplexes, 4-plexes, 6-plexes, etc.) regardless of the zoning classification of the district; provided, that the overall density of the zone is maintained. This applies only to planned residential developments.

   D.   Application Procedure:

      1.   Stages Of Submittal: A conditional use application for a planned development may be submitted in one or two (2) stages:

         a.   As a detailed conditional use application; or

         b.   Any planning and zoning commission level conditional use application may be submitted and processed as a concept plan. The applicant must specify on the application form that concept approval is being requested. A concept approval is a statement by the city that a general development plan, including the general arrangement of uses, density, location of major streets, open spaces, utilities, etc., is acceptable. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of preparing detailed building plans until after the concept approval. It provides the developer and the city with guidelines for the design of each phase of a project. Supporting information will be required for concept applications as specified by the zoning administrator/building director.

      2.   Phases Require Approval: Each phase of a concept approval requires detailed conditional use approval through a new application, fee and public hearing. Submittal requirements for detailed conditional use applications are the same as for standard conditional use applications that are processed and reviewed in one step.

      3.   Public Hearing: The concept and detailed conditional use applications are both subject to the public hearing requirements of section 11-3-6 of this title and the conditional use requirements of this section and section 11-6A-4 of this article.

      4.   Concurrent Review Of Other Applications May Be Required: In cases where subdivision platting is being proposed or would be required, concurrent review of the conditional use and subdivision plat is required when the zoning administrator/building director determines that regulations of the subdivision ordinance, including, but not limited to, private streets, apply to the design of the proposed development.

   E.   Staff Review Procedure; Extended Period: The zoning administrator/building director may extend the review/processing period for large planned development applications to a maximum of sixty six (66) days from the cutoff date prior to which the application was submitted. This extended review period is to allow for adequate staff research and analysis, agency review and comment, coordination with other city departments, and coordination with the applicant. Planned development applications for which additional review time is required shall be subject to the following procedures:

      1.   A summary of the development proposal shall be presented to the city council as an information item during a scheduled precouncil meeting prior to the submittal of the staff report to the planning and zoning commission.

      2.   Recommended conditions of approval submitted to the planning and zoning commission and made available to the public shall not be altered by staff or any other party prior to the public hearing. The planning and zoning commission may alter or modify conditions of approval.

      3.   When the Planning and Zoning Commission has completed its action on a proposed planned unit development (PUD), the planning and zoning administrator will forward the PUD to the Mayor, recommending that it be submitted to the city council for approval or denial. The city clerk shall place the request for the PUD on the next available city council agenda.

   F.   Developer Benefits: Planned developments are intended to provide certain benefits to the public and to the developer. The installation of public improvements (streets, water, sewer, streetlights, etc.) ensure a public benefit. To provide the developer with an incentive to utilize the planned development process, the following allowances may be incorporated into a planned development proposal:

      1.   A variety of housing types may be included in the project, including attached units, detached units, single-family units and multiple-family units.

      2.   The minimum lot size of the zoning district may be reduced within the density limits of the district.

      3.   Planned developments may use private streets and service drives that are designed and constructed to the standards of the zoning and subdivision ordinances.

      4.   Setbacks for buildings within the interior of the project may be less than required in the zoning district.

      5.   The conditions of approval applied to a large planned development concept plan shall be applied consistently to each subsequent phase, unless otherwise agreed to by both the applicant and the Planning and Zoning Commission.

      6.   Uses that are not allowed within the zoning district may be allowed as part of the planned development, subject to the twenty percent (20%) exception requirements of subsection B of this section.

      7.   Buildings may be clustered to preserve river areas and other environmentally sensitive areas as open space. (2003 Code § 11-06-05) (amd. Ord. 2202, 3-2-2021)

There are certain conditional uses that require consideration of additional approval criteria unique to the specific application. In reviewing such applications, the Planning and Zoning Commission must consider the standards of approval set forth for each conditional use described below in addition to the general criteria and findings set forth for conditional use permits in subsection 11-6A-4M of this article. An application and fee are required for each request in accordance with sections 11-3-2 and 11-3-3 of this title. (Ord. 2164, 12-5-2017)

   A.   Agriculture: The tilling of soil, aquaculture, raising crops, livestock, farming, dairying and animal husbandry, including all uses customarily accessory and incidental thereto; but excluding hogs, slaughterhouses, fertilizer works, boneyards and commercial feedlots. The following standards shall apply to agricultural uses:

      1.   Stables may board horses commercially.

      2.   Lot size requirements for maintaining animals shall be a minimum of one acre of pasture area, excluding all structures, except for barns and stables, with an overall animal density not to exceed:

         a.   Two (2) horses per acre; or

         b.   Two (2) cows per acre; or (2003 Code § 11-06-06)

         c.   Four (4) sheep per acre; or (2003 Code § 11-06-06; amd. 2012 Code)

         d.   An equivalent animal density as approved by the Zoning Administrator/Building Director.

      3.   Buildings and corrals (not perimeter fencing) housing such animals shall not be less than thirty feet (30') from all property lines and at least fifty feet (50') from all residential structures, and must meet all requirements of the appropriate health authority.

      4.   Provide a viable method for frequent (twice monthly) disposal of manure that will prevent obnoxious odors and the accumulation of flies from intruding onto adjacent properties. (2003 Code § 11-06-06)

   B.   Childcare And Adult Daycare Requirements:

      1.   Classifications:

         a.   Family childcare (1 through 6 children, exclusive of own children and legal wards):

            (1)   Permitted all residential and commercial zones with an approved conditional use permit.

            (2)   Building, Health and Safety, and Fire Code requirements must be met.

         b.   Group childcare (7 through 12 children, exclusive of own children and legal wards):

            (1)   Permitted in all residential and commercial Zoneswith an approved conditional use permit.

            (2)   Building, Health and Safety, and Fire Code requirements must be met.

         c.   Childcare center (13 or more children):

            (1)   Permitted in MDR1, MDR2, HDR1, HDR2, TAG, and Commercial and Manufacturing Zones with an approved conditional use permit.

            (2)   Building, Health and Safety, and Fire Code requirements must be met.

      2.   Building Requirements: Childcare facilities in an inhabited home must comply with applicable Building Codes and Fire Codes. Childcare facilities in an inhabited home must obtain a conditional use permit. A group childcare facility for seven (7) to twelve (12) children with no more than five (5) children under two and one-half (21/2) years of age and which provides care for less than twenty four (24) hours at a time, must meet the requirements of education occupancies (E) pursuant to the International Building and Fire Codes as adopted by the City.

      3.   Exits:

         a.   The required exits must be located to provide an unobstructed path outside the building to a public way or area of refuge. Exit doors must be able to be opened from the inside without the use of a key and without any special knowledge or effort.

         b.   There must be at least two (2) exits (travel distance between not to exceed 75 feet) located a distance apart, not less than one-half (1/2) the diagonal dimension of the building or portion used for childcare.

            (1)   Exception: In buildings with automatic fire sprinkler systems, the distance may be increased to one hundred ten feet (110').

         c.   Required exits shall not be less than thirty two inches (32") of clear exit width and not less than six feet, eight inches (6'8") in height.

            (1)   Exception: Sliding patio doors will be accepted as a required second exit in "family and group childcare facilities" only.

         d.   Two (2) exits are required from basements and upper floors. The occupancy load is determined by the ratio of one occupant per thirty five (35) square feet of floor space. Egress windows or a second exit door are required from sleeping rooms within a childcare facility. An egress window may not be more than forty four inches (44") off the finished floor to the top of windowsill and must have a minimum of 5.7 square inches of operational opening. Window wells must have a minimum of nine (9) square feet of clear opening and not more than forty four inches (44") in depth.

      4.   Accessibility: All new childcare facilities will comply with the adopted version of ANSI A117.1 as referenced in the building codes (ADA Specification Manual).

      5.   Existing Building Modifications: Existing buildings that are changing use to accommodate a childcare facility are subject to the same requirements as new construction.

      6.   Parking: Sufficient and safe parking and unloading zones must be available to accommodate the proposed childcare facility.

      7.   The occupant load of a building, as best determined by the Building Department and Fire Department requirements, will include all persons using the facility.

   8.   General Childcare Requirements:

      a.   Provide a minimum on site outdoor play area of one hundred (100) square feet per child. This area requirement may be waived or modified if appropriate open space with connecting public sidewalks or paths are located near the facility and that open space can be used by the children as a play area; or the program of the facility is such that the size of a group of children using the play area at any one time conforms to the one hundred (100) square feet per child criteria. This criteria may also be met by safely transporting students to an approved outdoor play area.

      b.   Provide a minimum of thirty five (35) square feet of indoor gross play area per child.

      c.   Secure and maintain a childcare license from the State (for childcare givers with seven (7) or more children). Background checks are required for providers caring for four (4) or more children.

      d.   Comply with the regulations where applicable by law or jurisdiction of the City Building and Fire Department, and the County health inspector.

      e.   Provide as a minimum, one off street parking space per employee.

      f.   Provide for an on-site child pick up area if located on a collector or arterial street, designed to prevent vehicles from backing onto the roadway (backing into an alley is permissible).

      g.   The lot size shall be adequate for parking, child pick up area, play area, screening and setbacks.

      h.   An application fee set by the City Council and amended from time to time by resolution, shall be paid with the submittal of an application.

   9.   Standards: The Zoning Administrator/building official may also require the following standards to protect adjacent properties from adverse impacts or to protect the health, safety and welfare of the children:

      a.   Fencing or landscape screening of the facility to protect adjacent properties from activities of the facility, or to protect the children from adverse activities such as traffic on arterial or collector streets, at intersections or to screen adjacent properties; or

      b.   Additional setbacks to play areas from property line to protect adjacent properties or to protect children from busy streets, irrigation ditches, animal pastures and other similar conflicts; or

      c.   Any other conditions deemed necessary by the Zoning Administrator/building official to protect the health, safety and welfare of the children, or to protect adjacent property owners from adverse impacts. (Ord. 2164, 12-5-2017)

   10.   Adult Daycare Standards: Adult daycare has different use characteristics from other allowed uses and therefor requires additional standards to be determined by the Zoning Administrator/building official:

         a.   There shall be adequate access for physically handicapped patrons of the facility.

         b.   If located on an arterial or collector street, provide for an on site patron pick up area designed to prevent vehicles from backing onto street (backing into alley is permissible).

         c.   The use shall meet the occupancy requirements of the city building and fire departments.

         d.   All applicable licenses must be obtained from the city or the state.

         e.   An application fee set by the city council and amended from time to time by resolution, shall be paid with the submittal of an application.

   C.   Drive-Up Windows: No drive-up window establishment shall be permitted unless the planning and zoning commission finds that the design and operation of the establishment is substantially in compliance with the following requirements and conditions that shall be in addition to those required in section 11-6A-4 of this article:

      1.   The location of the establishment shall not cause an increase of commercial traffic in nearby residential neighborhoods, increase general traffic congestion where serious congestion problems already exist, or cause other significant adverse impacts on public or private property in the vicinity of the site. The advice of the appropriate transportation authority shall be solicited for the purpose of evaluating existing and projected levels of service and the effects of projected turning movements on highway safety; and

      2.   The internal circulation on the site provides for pedestrians to walk from parking lots to the lobby entrances without traversing the waiting lanes for the drive-up window; and

      3.   The waiting lanes be of sufficient length to provide for anticipated average monthly peak volumes; and

      4.   The design, signage or operational characteristics of the establishment prevent or discourage vehicles from waiting for service on public sidewalks or streets; and

      5.   Drive-in waiting lanes be designed so that curbs, gates or other devices do not prevent a vehicle from leaving a waiting lane; and

      6.   All lights and other illuminated materials shall be designed, positioned, shielded, directed and located to prevent glare from falling on adjoining properties. Screening of lights may be required as a secondary measure of mitigation. Illumination levels shall not exceed two (2) foot-candles as measured one foot (1') above the ground at property lines shared with residentially zoned or used parcels; and

      7.   The drive-up window service does not constitute the entire establishment. This finding may be waived upon showing that the public interest would be better served if the drive-up window service does constitute the entire establishment; and

      8.   The design, operation and sign characteristics of the project will attempt to minimize air pollution and wasteful consumption of fuel. Required mitigation measures include, but are not limited to:

         a.   Prohibiting all parking spaces that are in addition to the minimum number of parking spaces required by this title; and

         b.   Retention of existing desirable trees for reasons of species, location, health, age or other reason as determined and recommended by the city engineer; and

         c.   Maximum placement of landscaped areas and trees; and

      9.   Landscaping shall screen drive-up aisles from the public right of way and shall be used to minimize the visual impact of vehicular lights, reader board signs and directional signs; and

      10.   Drive-through lanes shall be set back at least ten feet (10') from adjacent residentially zoned or used property. This buffer shall include both coniferous trees and sound abatement walls; and

      11.   Any drive-up window establishment that is within three hundred feet (300') of a residential use or zone, as measured along the shortest distance between the nearest residential property line and any part of the drive-up portion of the land use, shall not be permitted to utilize outdoor order speakers; use of a handheld phone or an order window shall be required; and

      12.   In accordance with section 11-6A-4 of this article, the planning and zoning commission has the authority to limit the hours of operation, and may impose such restrictions on drive-up window establishments.

   D.   Adult Bookstore, Adult Motion Picture Theater, Adult Performance Business Or Adult Entertainment Establishment:

      1.   Purpose: The purpose of these regulations is to protect the health, safety, and general welfare of the citizens and visitors of the city, to protect the health, safety, and general welfare of employees and patrons of adult businesses and adult establishments, and to protect children from being inadvertently exposed to adult material.

      2.   Conditions: In order to approve a conditional use permit for such uses, the planning and zoning commission must determine that the following conditions are met:

         a.   Such business shall not be located within one thousand five hundred feet (1,500') of a school, preschool, daycare facility, public park, playground or other institution, either public or private, where children under the age of eighteen (18) frequent or are taught, instructed or trained. Distance shall be measured in a straight line from the property line of the school or park to the property line of the proposed adult bookstore, adult motion picture theater, or adult performance business; and

         b.   Such business shall not be located within five hundred feet (500') of a church. Distance shall be measured as in subsection D2a of this section; and

         c.   Such business shall not be located within one thousand feet (1,000') of any other adult bookstore, adult motion picture theater or adult performance business. Distance shall be measured as in subsection D2a of this section; and

         d.   Such business shall not be located within one thousand feet (1,000') of any store, bar, tavern or business that sells, vends, serves, dispenses or distributes any alcoholic beverages, including, but not limited to, beer, wine and liquor; and

         e.   Such business shall not be located on a lot or parcel that is adjacent or contiguous to residential zones, even if separated by an alley. This condition may be waived; provided, that sixty six and two-thirds percent (662/3%) of the residentially zoned property owners and residents within five hundred feet (500') of the proposed use sign a petition approving such a business; and

         f.   Distance standards shall apply regardless of the political jurisdiction in which schools, parks or churches, or other adult businesses, are located; and

         g.   The sign package and exterior building design must be submitted with the conditional use application for review by the planning and zoning commission. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from the exterior of the building; and

         h.   Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours and shall be oriented and consistent with other commercial activities in the area; and

         i.   All building openings, entries, windows and the like shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area; and

         j.   No loudspeakers or sound equipment shall be used for such businesses that can be discerned by the public outside the building; and

         k.   The disposal of garbage and trash containing sexually explicit materials must be disposed of in a manner that prevents minors from having access to the material; and

         l.   The planning and zoning commission may impose such other conditions and limitations as may be deemed necessary to carry out the purpose of this subsection and to preserve and protect the general public health, safety and welfare.

      3.   Applicability Of Standards: For purposes of this subsection, the above conditions and standards shall be applicable in the following circumstances:

         a.   The opening or commencement of any such business as a new business.

         b.   The conversion of an existing business to any of the adult businesses regulated herein.

         c.   The addition or expansion of any business to include any of the adult businesses regulated herein.

         d.   The relocation of any such business.

      4.   School Defined: For purposes of this subsection, a "school" shall be considered as an institution of learning for minors, whether public or private, that offers instruction in those courses of study required by the state or that is maintained pursuant to standards set by the state board of education. This definition includes a kindergarten, elementary, junior high or senior high school, or any special institution of learning under the jurisdiction of the state department of education, but does not include a vocational or professional institution or institution of higher education such as a community or junior college, college or university.

      5.   Construction: These provisions shall not be construed as permitting any use or act that is otherwise prohibited or made punishable by law.

   E.   Lot Area Reduction In MDR1 District (Combined Residential): Within the MDR1 district, the lot area for each dwelling unit contained in a building or buildings on a "lot of record", as defined in section 11-1-3 of this title, may be reduced to not less than two thousand (2,000) square feet if authorized by a conditional use permit and the following conditions and restrictions are met and complied with:

      1.   All other applicable zoning and use regulations have been met; and

      2.   The applicant must conclusively prove that the lot cannot feasibly be developed without reduction in lot area; and

      3.   The improvements upon the lot would not be out of character with the adjoining and surrounding improvements; and

      4.   Sufficient open space and amenities have been provided to create a desirable living unit. (2003 Code § 11-06-06)

   F.   Exceptions To Parking Requirements: Parking space requirements for a particular use as established by this title, may be reduced upon application for conditional use approval in accordance with this title. Joint or mixed use of off street parking facilities may be approved by a conditional use permit submitted in accordance with this title. (2003 Code § 11-06-06; amd. 2012 Code)

   G.   Conversion Of Nonconforming Use: The conversion of a nonconforming use to any use other than an allowed use is prohibited, except upon application and issuance of a conditional use permit in accordance with the provisions of section 11-6A-4 of this article; provided, however, that in addition to the requirements of section 11-6A-4 of this article, such conditional use permit will not be granted unless the planning and zoning commission makes all of the following findings of fact: (2003 Code § 11-06-06; amd. Ord. 2085, 5-5-2009, eff. 5-5-2009)

      1.   The proposed conversion is compatible with the comprehensive plan, the purposes of this title and with surrounding land uses; and

      2.   Such proposed conversion will not place an undue burden on existing transportation and service facilities in the vicinity of the application; and

      3.   Such proposed conversion will be in compliance with all requirements and provisions of this code; and

      4.   The continuation of a nonconforming use without the benefit of such conversion would likely result in a deterioration of the neighborhood. (2003 Code § 11-06-06)

   H.   Restoration Of Nonconforming Use: Any nonconforming building or mobile home destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the appraised value, where such destruction was not intentionally caused by the owner or an agent of the owner of such property, may rebuild or restore such building or mobile home to its former use. Such rebuilding or restoration shall be substantially the same as the former building. (Ord. 2085, 5-5-2009, eff. 5-5-2009)

   I.   Expansion Of Conditional Uses And Legal Nonconforming Uses:

      1.   Findings Required: Expansions to conditional uses or legal nonconforming uses that exceed twenty percent (20%) of the existing facility (based on square footage or other dimensional measure) require conditional use approval by the planning and zoning commission. Approval of such requests shall be based upon the following findings:

         a.   The proposed conversion, restoration, enlargement or expansion will not alter the zoning classification of the nonconforming use; and

         b.   The proposed conversion, restoration, enlargement or expansion conforms to all existing requirements of this code; and

         c.   The proposed conversion, restoration, enlargement or expansion will not place an undue burden on existing transportation and service facilities in the vicinity; and

         d.   The proposed enlargement or expansion is not inimical to the best interest of the surrounding neighborhood.

      2.   Illegal Expansion; Loss Of Status: Any illegal expansion of a nonconforming use will result in the loss of the legal nonconforming use status of that project.

   J.   General Height Exceptions: Conditional use approval from the planning and zoning commission is required to exceed the height limits set forth in this title. The planning and zoning commission's decision on height exceptions shall be based upon the criteria set forth in section 11-6A-4M of this article.

   K.   Public Services; Height Exception: Public service poles, towers or similar installations of a height of seventy feet (70') or greater must be approved by conditional use permit. The planning and zoning commission must make the findings required by section 11-6A-4M of this article and the following additional findings. The pole or tower locations and heights:

      1.   Do not interfere with airport height restrictions; and

      2.   Minimize disturbance to views from established residential areas; and

      3.   Minimize disturbance to or interference with view of city, state, or federally registered historic structures; and

      4.   Do not obstruct clear vision triangles or otherwise threaten motorist or pedestrian safety; and

      5.   Minimize conflict with existing uses; and

      6.   Are within route corridors already established for use by rail, automobile traffic arterials or electrical transmission; and

      7.   Are within route corridors that provide for a satisfactory level of energy efficient transmission of the product (electrical energy or other signals); or

      8.   Are the best available alternative placements and heights, even though they do not comply perfectly with all the above findings.

   L.   Professional, Administrative And Business Offices In M1 And M2 Districts: Professional, administrative and business offices are conditional uses in the M1 and M2 districts and are subject to the following criteria as well as those in section 11-6A-4M of this article:

      1.   Amenities (that may include, but are not limited to, visual screening, orientation and placement of buildings, parking and access areas) are provided for the future office to buffer the impact of any conflicting land uses; and

      2.   The lot or parcel occupied by such offices abuts a public right of way that separates such lot or parcel from residential or office zones or uses; or

      3.   Where the use of the subject property for such offices will not encroach upon or conflict with existing industrial development or that which may be reasonably expected to develop.

   M.   Composting Facility: Any composting facility shall submit a site and operational plan with their application for a conditional use permit. That plan shall demonstrate compliance with the following requirements:

      1.   Composting piles or windrows shall be constructed that are no larger than can be managed in a nuisance free manner by the proposed equipment and composting technology;

      2.   Additional area shall be provided at no less than fifteen percent (15%) of size of the active composting pile or windrow area for staging, curing and storage;

      3.   A minimum fifty foot (50') setback shall be maintained from the property boundary or public right of way to any active processing area of the facility, including any area used for storage, active composting and curing;

      4.   A minimum two hundred foot (200') buffer zone between the active composting pile or windrow and any existing adjacent residentially zoned or occupied property shall be maintained;

      5.   Compliance with all applicable state or federal laws, regulations or standards pertaining to water quality, air quality and solid waste management shall be required;

      6.   No composting facility shall be allowed in a floodplain;

      7.   Surface slope of one to five percent (5%) grade shall be required for any composting facility;

      8.   Adequate fencing, barriers or screening shall be required for all composting facilities;

      9.   Public access shall be limited to those times when an attendant is on duty and during limited operating hours;

      10.   Adequate space shall be provided between the piles or windrows to allow access to vehicles, including firefighting equipment;

      11.   Noncompostable residues shall be disposed or processed at a permitted solid waste disposal facility in accordance with local, state and federal laws, regulations and standards;

      12.   All organic materials received at the composting facility shall be removed from any containers unless the containers are of a biodegradable type in which case the container shall be opened before composting;

      13.   A permanent sign must be posted and maintained at the composting facility showing the nature of the project, facility name, address and telephone number of operator, operating hours, materials that may be received by the facility, and the phrase, "No Dumping Of Garbage, Trash Or Rubbish Allowed".

(2003 Code § 11-06-06; amd. Ord. 2265, 3-4-2025; Ord. 2280, 10-7-2025)

The planning and zoning commission may grant the following general exceptions to the requirements of this title, subject to the procedures, provisions and findings of section 11-6A-4 of this article:

   A.   When a lot or parcel has one-half (1/2) or less of its area in a district more restrictive than the district that includes the remainder, the planning and zoning commission may permit the regulation of the less restrictive district to be applied to the entire lot or parcel. More than one property owner may combine lots or parcels as a planned development and receive consideration under this subsection.

   B.   Where a lot located in an R1 or R2 district has a lot line that abuts property zoned for multiple-family, commercial or industrial uses, the planning and zoning commission may permit, by conditional use permit pursuant to subsection 11-6A-4M of this article, up to seventy five feet (75') of adjoining portion of such lot to be used for any use permitted in the multiple-family R3 district. (2003 Code § 11-06-07)

The planning and zoning commission shall review all requests for special exceptions and make recommendations to the city council.

   A.   Justification: Finding that there are certain uses that because of their normal nature or design are not commonly permitted in a given district, but that with special consideration by the applicant to the standards of the area, impact, design and existing uses, the said use may benefit the immediate community, the city council may approve, with conditions as outlined below, any use as requested by an applicant as a conditional use under the special exceptions provision.

   B.   Intent: It is the intent of this section to promote infilling of built areas of the community with minimal community impact. In all districts, it is intended to allow uses of equal or lessor impact than those permitted uses in the district.

   C.   Procedure For Filing: Any person may apply for a special exception under this section upon submittal of an application on a form prescribed by the planning and zoning commission and accompanied by a filing fee as specified herein. All answers to questions as prescribed in the form shall be used to validate the application by the zoning administrator/building director. The zoning administrator/building director shall reject any application that does not fully contain the following:

      1.   Complete detailed description of the proposed use, including, but not limited to, the following: hours of operation, number of employees, expected number of daily customers, anticipated number of needed parking spaces, noise to be generated, signs and other impacts, where applicable; and

      2.   All applications shall be accompanied by appropriate architectural and site development plans to scale that shall show building location, landscaping, prominent existing trees, ground treatment, fences, off street parking and circulation, location and size of adjacent streets, north arrow and property lines, drawings of the major exterior elevations showing exterior building treatment, existing grade and proposed new grades; and

      3.   All applications shall contain a detailed statement explaining how and why the proposed use is appropriate to the site and neighborhood and why such use will not adversely impact the site and neighborhood; and

      4.   All applications shall contain a written statement, justified with submitted drawings, that the applicant does not require or request a variance in bulk, setback or sign regulations from those required in the existing zoning district of the proposed location.

   D.   Action By Planning And Zoning Commission:

      1.   At every special exception hearing before the planning and zoning commission, the commission shall hear all persons interested in the subject matter then pending before it. Not later than ten (10) days after the conclusion of the hearing, the commission shall file with the city clerk a written report of the proceedings before and by the planning and zoning commission at each hearing and its recommendations to the city council. Any recommendation of the commission relating to a special exception shall be in writing and must include in its recommendation all of the following findings of fact, based upon the evidence presented, and supporting the purposes and objectives of said special exception:

         a.   This zoning title does not anticipate that such a use could be a desirable use in the zone under special circumstances; and

         b.   The use will produce an equal or reduced impact upon the site or neighborhood than would an allowed use; and

         c.   The location of the proposed use is compatible to other land uses in the general neighborhood area and does not place an undue burden on existing transportation and service facilities in the vicinity; and

         d.   The site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping and such other features as are required by this title; and

         e.   The site is appropriate for such proposed use and that proper zoning for the proposed use is not available in the general neighborhood; and

         f.   Natural features and existing trees are appropriately preserved and integrated with the project and that the finished grading, storm drainage and landscaping are consistent with the established or contemplated character of the neighborhood; and

         g.   Access to the property and internal vehicular circulation thereon are safe and convenient for pedestrians, cyclists, automobiles and service vehicles and are designed such as to have minimal impact upon the surrounding neighborhood and traffic operations; and

         h.   The approval, denial or modification of the special exception does not provide precedent for any other parcel in the city.

      2.   The planning and zoning commission must list, as part of its report to the city council, those "special circumstances" that are not anticipated by this title.

      3.   The planning and zoning commission may make recommendations as to specific conditions for approval that would allow establishment of the proposed use in a compatible manner with the neighborhood. Such conditions shall be imposed in accordance with the provisions of subsection 11-6A-4N of this article. (2003 Code § 11-06-08)

A sign variance is a request to vary from the standard for background area, height, illumination, number of signs, location, projection and clearance, or any other standard prescribed in the sign code, if applicable, except that sign variances may not be applied to signs that are prohibited. In accordance with the public hearing requirements of this title, the planning and zoning commission shall have the authority to deny, approve, or approve with modifications, a sign variance. All of the following findings of fact shall be considered and clearly established by the planning and zoning commission when granting a sign variance in whole or in part:

   A.   No variance shall be granted unless it can be shown that there are special circumstances applicable to the property involving the size, shape, topography, location or surroundings that do not apply generally to other properties in the same zoning district that are not the result of voluntary actions of the applicant; and

   B.   The granting of such sign variance will not constitute a grant of special privilege that is inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated; and

   C.   Nonconforming signs in the vicinity surrounding the subject site may not be used to set the standard for or be compared with applications for new signs, and shall not be used as justification for a hardship or special circumstance; and

   D.   The sign variance is the minimum necessary to alleviate the identified hardship or exceptional circumstance; and

   E.   The approval, denial or modification of any sign variance shall not provide precedent for any other sign variance in the city; and

   F.   The granting of the sign variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity. (2003 Code § 11-06-10)

   A.   Variance Defined: A "variance" is a modification of the requirements of this title as to lot size, lot coverage, lot width, street frontage, setback requirements, parking requirements, loading requirements, or other provisions of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant upon a showing of undue hardship because of characteristics of the site, or unique circumstances relating to the intended use, and that the variance is not in conflict with the public interest.

   B.   Application Required: Every person desiring a variance from the provisions of this title shall submit an application upon a form prescribed by the zoning administrator/building director, and pay a fee in accordance with the current fee schedule.

   C.   Public Hearing; Notice: Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners, purchasers of record and residents within the land being considered and adjoining the parcel under consideration. All requests for variance shall be heard and decided by the planning and zoning commission in a public hearing scheduled and advertised in accordance with section 11-3-6 of this title, except that mailed notice be provided to the applicant and to each property owner, purchaser of record or resident within the land being considered and adjoining the parcel under consideration (including those properties across a street, alley, canal or other right of way) advising them of the time and place of the hearing.

   D.   Action By Commission: The planning and zoning commission must approve, approve conditionally, deny or modify the variance request. In acting upon such variance, the planning and zoning commission shall review the findings of staff and shall grant a variance upon finding that the following are true:

      1.   The granting of the variance will not be in conflict with the spirit and intent of the comprehensive general plan for the city, and will not effect a change in zoning;

      2.   There is either a hardship associated with the property itself or an exceptional circumstance relating to the intended use of the property that is not generally applicable to property or permitted uses in the district;

      3.   The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvement.

   E.   Conditions Of Granting Variance: The planning and zoning commission may grant a variance as part of a conditional use application without requiring a separate application and hearing, as long as the notice requirements of subsection C of this section are met and the findings in subsection D of this section are made.

   F.   Effective Date Of Approval: Approval of any variance by the planning and zoning commission shall become final after a lapse of ten (10) calendar days from the date of the decision to allow for the filing of appeals in accordance with subsection 11-3-7B of this title.

   G.   Waiver Of Appeal Period: The applicant may request a waiver of the ten (10) day appeal period for an approved variance. Such request must be filed in writing and shall be accompanied by the signatures of all adjacent property owners indicating they do not object to the waiver request. The zoning administrator/building director shall review all pertinent information and issue a decision on the request within two (2) working days from the date upon which the request was filed. The zoning administrator/building director cannot waive the appeal period for any application to which a written or verbal protest was submitted.

   H.   Resubmittal Of Application Upon Denial: No application for a variance that has been denied by the planning and zoning commission (or by the city council on appeal) shall be resubmitted in either the same or substantially the same form in less than one year from the date of final action.

   I.   Term Of Variance: The term of a variance approval shall not exceed eighteen (18) months. Within this period, the holder of a variance must initiate construction of the project.

   J.   Extension Of Variance Approval: The holder of a valid variance approval may submit a written request for a one year extension of the variance approval for consideration by the planning and zoning commission. A maximum of three (3) such extensions may be granted. (2003 Code § 11-06-11)

   K.   Appeal Of Variance Decisions: The decision of the planning and zoning commission on variance requests may be appealed to the city council in accordance with subsection 11-3-7B of this title. A letter explaining the basis of the appeal and a fee as established in the current fee schedule must be submitted to the building director within the ten (10) day appeal period. (2003 Code § 11-06-11; amd. 2012 Code)

   A.   General Authority: The planning and zoning commission shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning administrator/building director in the interpretation or enforcement of this title. In exercising the above powers, the planning and zoning commission may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as it considers warranted by the evidence before it and to that end shall have all the powers of the officer from whom the appeal is taken.

   B.   Initiation Of Application: Any person aggrieved by any decision of the zoning administrator/building director may file an appeal. Such appeal shall be made within ten (10) calendar days from such decision. If the tenth day falls on a weekend or holiday, the appeal may be filed on the next workday by five o'clock (5:00) P.M.

   C.   Application And Fee: Every person wanting to appeal an administrative decision shall file a notice of appeal stating the grounds for the appeal and fee with the zoning administrator/building director in accordance with current fee schedule.

   D.   Action By Zoning Administrator/Building Director: The zoning administrator/building director shall review all appeal applications for compliance with the requirements of this section. Upon acceptance of application for appeal, the zoning administrator/building director shall transmit to the planning and zoning commission the record of the subject hearing. The filing of an appeal stays further action (subdivision, conditional use, etc.), on the request that has been appealed, unless the zoning administrator/building director determines that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order that may be granted by the planning and zoning commission upon application or notice to the zoning administrator/building director, and upon notice to the chairperson of the commission or by a court of record.

   E.   Hearings; Publication And Notice: The planning and zoning commission shall hear the appeal at the public hearing following the cutoff date prior to which the appeal was submitted. Notice for the public hearing shall be as set forth in section 11-3-6 of this title.

   F.   Action By Commission: The planning and zoning commission shall thereafter, upon due cause being shown, confirm wholly or partly, modify or reverse the decision from which appeal is made, and, not later than ten (10) days after the conclusion of such hearing, shall file with the city clerk a written report stating the action taken at such hearing. (2003 Code § 11-06-12)

The city council shall approve, deny or modify any application to amend this title, to change the boundary of a zoning district, to amend the comprehensive plan, to annex property into the corporate limits, or to establish a use as a special exception or special use to this title. Prior to taking action on any such application, the city council shall receive a written recommendation from the planning and zoning commission. The city council shall allow public comment at the council meeting and may hold a formal public hearing, but the city council shall not be required to advertise for a public hearing. (2003 Code § 11-08-01)

At its next regular meeting after the planning and zoning commission has filed its recommendations with the city clerk, the city council shall set the date, time and place of hearing the recommendation of the planning and zoning commission. Following the hearing, the city council may either approve, disapprove or modify the recommendation of the planning and zoning commission. The city council is enjoined from granting less restrictive regulations, standards or land use classifications than those applied for and as publicized prior to the public hearing held by the planning and zoning commission. (2003 Code § 11-08-02)

No application that has been denied by the city council or withdrawn by the applicant shall be resubmitted in either the same or substantially the same form or with reference to substantially the same premises or the same purpose in less than one year from the date of final action thereon. (2003 Code § 11-08-03)

The city council is prohibited from amending, supplementing, changing, modifying or repealing any provisions of this title or the comprehensive plan until the substance thereof has first been referred to and reported upon by the planning and zoning commission.

   A.   Amendment And Reclassification: The power to amend this title may be amended whenever the city council deems that amendment is required for the public convenience or necessity, or for the general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend district regulations, and to add, repeal or amend any other provisions of this section, or the whole of this title.

   B.   Ordinance Required: In the event the city council shall have approved or modified the recommendation of the planning and zoning commission, the city council shall cause to be prepared the appropriate ordinance of amendment. However, no ordinance amending the "Blackfoot city zoning ordinance" shall become effective until a public hearing has been held for which fifteen (15) days' notice of the time and place of such hearing shall be published in the official newspaper of the city. (2003 Code § 11-08-04)

Requests for annexation of property into the city must be heard by the city council after receiving recommendation by the planning and zoning commission, and must meet one or more of the requirements as outlined in Idaho Code, as amended. (2003 Code § 11-08-05)

The city council, prior to adoption, amendment or repeal of the comprehensive plan, shall conduct at least one public hearing using the same notice and hearing procedures as the planning and zoning commission. The city council shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the plan, amendments or repeal until recommendations have been received from the planning and zoning commission. Following the hearing of the city council, if the council makes a material change in the plan, further notice and hearing shall be provided before the city council adopts the plan. For purposes of this section, a "material change" shall mean any modification of a proposed comprehensive plan amendment which, in the opinion of the city council, is of such importance that the public interest will be better served by additional notice and public hearing. (2003 Code § 11-08-06)

   A.   Findings: At the hearing before the city council, the city council shall hear all persons interested in the special exception then pending before it. The city council shall review the findings and recommendations of the planning and zoning commission. The city council may approve, disapprove or modify the recommendations of the planning and zoning commission, but in so doing must make the following findings:

      1.   The decision to grant or deny the application is based upon the findings of subsection 11-6A-8D of this chapter.

      2.   The approval, denial or modification of the special exception does not provide precedent for any other parcel in the city.

      3.   In the event the application is denied, the actions, if any, that the applicant could take to obtain a special exception permit.

   B.   Council May Impose Restrictive Regulations: The city council, in amending or modifying the recommendation of the planning and zoning commission, may impose more restrictive regulations or standards.

   C.   Modification, Extension And Revocation: Upon request of the holder of a special exception, the city council may modify or extend the term, conditions and limitations of said permit in accordance with the limitations and requirements of subsection 11-6A-8D of this chapter. The city council may revoke or modify, upon notice and hearing, a special exception for the breach or violation of any condition or limitation of said permit.

   D.   Transferability: Special exceptions shall be nontransferable through assignment, sale or other means of conveyance without written acknowledgment by the assignee, purchaser or conveyer in writing of agreement to be bound by conditions that were set forth in the approval of the application pursuant to this section. Special exceptions shall not be considered as establishing binding precedent upon the city.

   E.   Term: A special exception shall become void if not utilized within eighteen (18) months of issuance, or if the authorized use is abandoned for more than a period of six (6) months. (2003 Code § 11-08-07)

   A.   Authority: Pursuant to Idaho Code section 67-6511A, development agreements hereby are authorized.

   B.   Purpose: The purpose of a development agreement is to provide a vehicle for development in areas and for uses where, in the opinion of the city council or the planning and zoning commission, approval of a requested rezone by itself does not satisfy the requirements set forth in this title for rezone approval; but, that use of a development agreement will assure compliance with the required rezone findings and conclusions. Development agreements can be used after a determination has been made that the proposed rezone by itself is not appropriate, unless the use of a development agreement could allow development to proceed under stricter restrictions than those imposed generally in the proposed zoning district. Nothing in this section shall be construed as relieving the property that is subject to development agreement restrictions from further compliance with all other permit and code requirements applicable because of the zoning designation of the property. Restrictions imposed upon property as a result of a development agreement are in addition to all other zoning ordinance requirements.

   C.   Request Or Requirement For Agreement: After an application for rezone has been received in the planning department, a request to enter into a development agreement for that parcel may be submitted by the rezone applicant; or, a development agreement may be required by city council at council's rezone hearing, or may be required by city council upon recommendation from the planning and zoning commission following the commission's rezone hearing.

   D.   Form Of Development Agreement Application: All applications for development agreements shall be in a form as required by the zoning administrator/building director.

   E.   Process: Upon receipt of an application for development agreement, the planning director shall work with the applicant to prepare a development agreement. The development agreement should address the concerns for the development that have been proposed by the applicant. Such concerns addressed may include, but shall not be limited to, density, bulk, site design, mitigation of impacts on the surrounding neighborhood, appearance, provision of utilities or public facilities, and restrictions on use.

   F.   Approval Of Development Agreement: Development agreements may be approved at the sole discretion of the city council. The city council may, prior to approval, remand the matter to the planning and zoning commission for consideration and recommendation. In such case, the planning and zoning commission may recommend approval or denial and may recommend the addition of conditions, terms, duties or obligations to the development agreement.

   G.   Agreement To Run With Land: The development agreement, or any modification thereto, and all conditions, terms, duties or obligations included therein shall run with the land and shall be considered continuing obligations of the owner, co-owners and each other person acquiring an interest in the property. An owner, co-owner, each subsequent owner or other person acquiring an interest in the property that is restricted by a development agreement or modification adopted pursuant to this section, shall comply with the terms, conditions, obligations and duties contained in the development agreement or modification.

   H.   Modification Of Development Agreement: Development agreements may only be modified after public hearing by the city council. Major modifications as determined by the zoning administrator/building director require a hearing and recommendation from the planning and zoning commission prior to the city council hearing.

   I.   Termination Of Development Agreements:

      1.   Development agreements may be amended or terminated by the city council, after public hearing, for failure to comply with the commitments expressed in the development agreement.

      2.   Upon termination of the development agreement, the city council shall revert the property to the prior zone or in the case of an initial zone at annexation, to a zone deemed appropriate by the city council. All uses of the property that are not consistent with the subsequently designated zone following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use for the property if the use is conditionally allowed within the subsequently designated zone.

   J.   Enforcement Of Development Agreements: Development agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, damages or criminal penalty for violation of this section. The enforcement options available to the city shall not be considered exclusive. (2003 Code § 11-08-08)