The purposes of the Community Housing Overlay District are:

   A.   To identify areas that are considered suitable for the development of compact community and other housing given the proximity to centralized water and sewer services, transportation facilities and areas of employment.

   B.   To provide for densities above that permitted in the underlying zoning district to encourage the provision of community housing in Blaine County.

   C.   To promote a greater diversity of living environments by encouraging housing for a variety of socioeconomic households for sale and for rent, a variety of residential densities, and a variety of housing types including manufactured housing.

   D.   To achieve certain aesthetic and design qualities through a planned unit development process.

The stated provisions of this chapter supersede the requirements of the underlying zoning districts and Scenic Highway Overlay District. Modifications to standard requirements of this title and title 10 of this Code with regard to lot sizes and dimensions, bulk requirements, parking requirements, road widths and other street and intersection improvement standards are warranted by the benefits realized by the provision of community housing. In the event of a conflict between this chapter and title 10 of this Code, the provisions of this chapter shall apply. (Ord. 2019-09, 5-28-2019)

AREA MEDIAN INCOME (AMI): That income level in which half of the Blaine County population makes less and the other half makes more. The Blaine County AMI is issued by the U.S. Department of Housing and Urban Development (HUD) on an annual basis and can be found in the Blaine County Community Housing Guidelines.

AVERAGE INCOME CATEGORY: The average household income level, according to the categories established in the Community Housing Guidelines, which will be provided by the developer according to the community housing plan.

BASE DENSITY: The unit of measurement used to determine the number of possible free market units in a CH-PUD, provided all applicable standards of this chapter are met. If more than one subdistrict is involved, base density for the CH-PUD is the sum total of multiplying the number of acres within each subdistrict by the base density specified for each subdistrict.

BLAINE COUNTY HOUSING AUTHORITY (BCHA): The local governmental body which administers, monitors, and manages the community housing applicant database, the community housing stock and the inventory of deed restricted community housing in Blaine County. The term BCHA, for purposes of this chapter, includes all successor associations or entities that perform or assume the same, or similar, duties and functions as the BCHA in its present form.

COMMERCIAL UNIT: For the purpose of calculating community housing only, equivalent to two thousand five hundred (2,500) square feet of nonresidential (commercial) gross floor area, which accounts for one unit of developable density.

COMMON OPEN SPACE: An usable area held for the use and benefit of the owners of dwelling units or lots in a CH-PUD and which is devoid of streets, parking areas, and buildings not intended for recreational or community purposes. Common open space does not include any land within the required setback from State Highway 75 or within individual single-family or duplex lots.

COMMUNITY HOUSING (CH): Ownership and rental residential housing that is price restricted to remain affordable to persons working in Blaine County, retired from working in Blaine County, or other groups of eligible persons according to BCHA guidelines or other recognized affordable housing guidelines approved by BCHA.

COMMUNITY HOUSING GUIDELINES (CH GUIDELINES): The current regulations adopted by the BCHA and amended from time to time outlining the requirements and parameters related to the development, pricing, eligibility, and other administrative standards for all community housing projects that come under the purview of BCHA.

COMMUNITY HOUSING PLAN (CH PLAN): Documents submitted pursuant to Community Housing Guidelines, section 6.3, as amended, which describe the calculations and method of meeting the community housing obligation in a CH-PUD.

COMMUNITY HOUSING PLANNED UNIT DEVELOPMENT (CH-PUD): An area of land developed primarily for residential use or a mixture of residential and nonresidential (commercial) uses, in which restriction of density, lot sizes, setbacks, and other bulk regulations may be adjusted in return for the provision of community housing units along with free market units and/or lots.

COMMUNITY HOUSING UNIT (CHU): A residential housing unit that is subject to a deed covenant as a long term rental unit or as a unit for sale to eligible persons and households, based on applicable income and residency requirements.

FREE MARKET UNIT: A unit permitted through the CH-PUD process, created for sale, rent or lease at free market rates and not restricted as a community housing unit or lot.

GROSS FLOOR AREA: The total of all floor areas as measured from the exterior face of the exterior walls. Exterior stairs that are not enclosed, unenclosed decks, and underground parking areas shall be excluded from the square footage calculation. When an attic roof truss system creates an unusable and inaccessible attic space between the interior and exterior wall, the floor area measurement shall be taken from the outside of the interior wall.

HUD: United States Department of Housing and Urban Development.

HOMEOWNERS' ASSOCIATION: An organization formed of the owners of a subdivision or planned unit development.

HOUSING CHARITY: An IRS-authorized charity or nonprofit administering or developing Community Housing as herein defined.

IHFA: Idaho Housing and Finance Association.

MASTER PLAN: Map(s) and supporting documents that set forth approximate locations of and requirements for master planned infrastructure within the Community Housing Overlay District. See exhibit B attached to the ordinance codified herein.

MASTER PLANNED RIGHT-OF-WAY (MP ROW): An area reserved for public access and functioning as the thoroughfare for vehicular or nonvehicular traffic to external outlets in agreement with the master plan. (Ord. 2025-05, 5-5-2025; Ord. 2013-01, 3-19-2013)

The "Community Housing Overlay District" is hereby established and shall be defined as those areas identified on the community housing overlay map (exhibit A attached hereto and on file with the County). The community housing subdistricts are established as set forth in table 1 of this section:

 

 

(Ord. 2013-01, 3-19-2013)

Benefits available for developers of approved CH-PUDs include:

   A.   Additional permitted, accessory and conditional uses as set forth in sections 9-35-5, 9-35-6, and 9-35-7 of this chapter.

   B.   Increased developable density as set forth in section 9-35-9 of this chapter.

   C.   Modification of certain bulk requirements from underlying zoning, as set forth in subsection 9-35-10B1 of this chapter.

   D.   Further modification of bulk, parking, or open space standards as set forth in subsection 9-35-10B of this chapter, or standard requirements of this title and title 10 of this Code with regard to lot sizes and dimensions, bulk requirements, parking requirements, road widths and other street and intersection improvement standards may be permitted, subject to such conditions, limitations, or additional development standards pursuant to section 9-35-11 of this chapter as the Board may require to mitigate adverse impact or to ensure that the benefits derived from the development justify a departure from such standards.

   E.   Reduced permitting fees for CH units as set forth in subsection 9-35-12B3a of this chapter.

   F.   Shortened time line for scheduling of public hearing following certification of complete application, as set forth in subsection 9-35-12C1 of this chapter. (Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)

Permitted uses shall include those listed as permitted in the underlying zoning district(s). Residential uses are permitted through the CH-PUD process in detached single-family, duplex, multi-family, multi-unit townhouse or condominium, or combination thereof, housing types. Limited commercial uses may be allowed through the CH-PUD process in the following subdistrict only:

   A.   CH-C:

      Convalescent care.

      Daycare.

      Health and wellness/alternative medicine facilities.

      Healthcare related training facilities.

      Hospice.

      Hospital.

      Medical and dental offices.

      Medical labs.

      Medical supply sales.

      Pharmacies.

      Public facility.

      Rehabilitation and physical therapy facilities.

      Research and development labs.

Permitted accessory uses are limited to the following:

Community or recreational facilities.

Garages and storage buildings.

Management, maintenance or utilities facilities which are related to the CH-PUD. (Ord. 2013-01, 3-19-2013)

Conditional uses shall be as follows:

Those uses listed as conditional in the underlying zoning district, which shall follow the evaluation process contained in chapter 25, "Conditional Use Permits", of this title. Residential uses in a CH-PUD shall not require a separate conditional use permit.

Other conditional uses may be allowed, following the evaluation process contained in chapter 25 of this title, in the following subdistrict:

   A.   CH-C:

Auto service not to exceed five (5) service bays.

Coffee shops.

Construction, landscaping, electrical, plumbing, and heating contractors not to exceed five thousand (5,000) square feet gross floor area and five thousand (5,000) square feet of unenclosed exterior parking area.

Convenience stores not to exceed two thousand five hundred (2,500) gross square feet.

Light manufacturing of medical supplies or related items.

Live-work.

Parking structures.

Unenclosed parking and storage shall be limited to licensed vehicles, not to include equipment such as backhoes, compaction equipment, dozers, excavators, graders, loaders, or other heavy equipment; such equipment, which shall not exceed fifteen thousand (15,000) gross vehicle weight, shall be enclosed within a solid screening fence not less than six feet (6') in height.

      1.   Existing uses listed in this subsection A may be expanded to a total floor area not to exceed the requirements set forth in that use, upon the approval of a conditional use permit. For a proposed expansion of existing uses, a CH-PUD application is not required; however, community housing shall be provided pursuant to subsection 9-35-10A of this chapter. The CH obligation shall be calculated according to the expanded floor area, not existing floor area. (Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)

   A.   Minimum CH-PUD Parcel Size: There is no minimum lot or parcel size for a CH-PUD. Individual lot sizes for free market and community housing units shall be determined through the CH-PUD evaluation process contained herein.

   B.   General Requirements: All CH-PUDs are subject to the following:

   A.   Developable Density Of Underlying Zoning District: For land developed within this overlay and not proposing a CH-PUD, the total developable density and other zoning regulations shall be those of the underlying zoning district.

   B.   Developable Density For CH-PUD: Total developable density for a CH-PUD shall be the base density plus CH units as provided pursuant to subsection 9-35-10A of this chapter.

   C.   Base Density: Maximum and minimum base density for residential units in a CH-PUD are set forth in table 2 of this section:

 

 

The county shall review the particular facts and circumstances of each proposed CH-PUD application utilizing the following standards and shall find adequate evidence in the record that the proposed CH-PUD at the proposed location complies with each standard. These standards shall apply and supersede subdivision standards of title 10 of this code where such standards may conflict. Certain standards or parts thereof may not be applicable to particular applications upon specific finding by the county.

   A.   Community Housing Standards: The applicant shall meet the community housing obligation through one of the following methods: constructed on site, constructed off site, through land conveyance, or cash in lieu. Other methods of meeting the CH obligation may be considered only if recommended by BCHA. A CH plan shall be created following a preapplication meeting with BCHA regarding options for fulfillment of the community housing obligation, pursuant to subsection 9-35-12A of this chapter.

      1.   Constructed (Or Provided) By Applicant On Site Or Off Site: The CHUs may be for sale, for rent, or a mix of ownership and rental units. The applicant shall submit a CH plan based on input from BCHA that outlines the location, number, size, and targeted average income category of the units based on evidence of current need. Use of the BCHA housing waiting list is recommended; if an applicant requests to forego use of the BCHA waiting list, the applicant shall state reasons why. Units need not be of new construction but shall meet all applicable standards as recommended by BCHA and approved by the board. On site CHUs may be provided in addition to the number of market rate units calculated at the base density. The percentage of CH required is set forth in Table 3 of this section:

 

 

Note:

(On site residential example: 5 acre lot x 12 units per acre base density = 60 units. If CHUs average category 4: 60 units x 25% = 15 CHUs. 60 free market units shall be allowed plus the 15 CHUs.)

(On site commercial example for CH-C subdistrict: 25,000 commercial square feet proposed. 25,000/2,500 = 10 commercial units. If CHUs average category 2: 10 commercial units x 17% = 1.7 CHUs required.)

The community housing units (CHU) shall be generally comparable in appearance to the free market units in the subject development and shall meet the minimum construction standards of BCHA. The minimum size of CHUs shall be as set forth in the provisions of section 6.5 of the CH guidelines, as amended. The number of CHUs may be adjusted pursuant to section 6.5 of the CH guidelines, subject to approval through the CH-PUD process.

      2.   Land Conveyance: Land may be conveyed to a housing entity as recommended by BCHA and approved by the board, for the construction of CHUs by affordable housing development entities. Land to be conveyed may be located on or off site, as acceptable to BCHA. The area of land conveyed on site shall be twenty percent (20%) of the gross land area of the CH-PUD, which shall not be deducted from the total gross land area for the purpose of calculating the allowable density for the free market units. For CH-PUDs not developing to the maximum density, the land area conveyed shall be a minimum of seven hundred twenty six (726) net square feet per approved free market unit. Basic infrastructure including roads and water and sewer main lines shall be available or installed by the developer to, but not within, the conveyed land. The area of land conveyed off site shall be zoned to allow for single-family or multi-family dwellings as appropriate, be served by all necessary utilities and services, and as determined by BCHA have the same or greater impact on communitywide affordable housing needs. The minimum conveyed land area shall be of adequate size to accommodate at least one CHU. Land conveyed may only be utilized for the development of CH, and any recorded development agreement or plat shall include this restriction.

 

 

(On site land conveyance example: 5 acre parcel x 12 units per acre = 60 units. Land conveyed for CHUs shall be 5 acres x 20% = 1 acre. 60 free market units shall be allowed on the remaining 4 acres. On the 1 acre conveyed: 1 x 15 CH units per acre = 15 CHUs. The resulting overall average density for 75 total units on 5 acres is 15 units per acre.)

      3.   Cash In Lieu: The amount to be paid shall equal twenty percent (20%) of the appraised value of the gross land area. The date of the certified real estate appraisal shall be within six (6) months of the date of the CH-PUD application. Cash in lieu shall be deposited into the housing trust fund administered by BCHA.

      4.   Timing Of CH: When CHUs are to be provided on site, off site, or by cash in lieu, the timing shall be as set forth in the approved CH plan. When the CH obligation is met by conveyance of land, the land shall be conveyed prior to issuance of the first building permit within the development.

      5.   Maintaining Affordability Of CH: A deed covenant, community trust land lease, regulatory agreement, or other document shall be recorded for all rental or ownership community housing units, which shall be in a format approved by the board, acceptable to and with comment from BCHA, and shall set forth eligibility requirements and income categories served, with pricing established according to the CH guidelines. Alternatively, rental community housing units may be provided in compliance with HUD low income rental limits and IHFA management and compliance guidelines. The term of the affordability covenant shall be determined during the PUD application process and shall begin on the date that the community housing unit is first placed in service as affordable housing, or as determined by the Board of County Commissioners. Developments that propose to provide a higher percentage of community housing than required in Table 3 , may request a reduced covenant length of time.

      6.   Homeowners' Associations: Homeowners' association regular dues and special assessments affect the initial selling price of a CHU according to BCHA pricing guidelines. CC&Rs shall allow future increase of dues and assessments only in accordance with BCHA guidelines to ensure the ongoing affordability of the CHUs.

   B.   Bulk, Parking And Open Space Standards:

      1.   Setbacks And Building Height: Setbacks and building height standards are set forth in table 5 of this section.

 

 

Note:

      1.   As approved through CH-PUD process and pursuant to fire district requirements.

      2.   Building Footprint: The maximum residential building footprint shall be ten thousand (10,000) square feet per building, including all enclosed space measured from exterior building walls.

The county may attach to the approval of a CH-PUD the following and/or any other conditions it deems necessary to protect the public health, safety and welfare and to support findings made on evaluation criteria. These are advisory as to the types of conditions that may be attached. They are not intended to decide in advance what conditions will ultimately be attached to the approval of any given CH-PUD.

   A.   Minimize Adverse Impact: Minimizing adverse impact on other development, such as:

      1.   Hours of construction of infrastructure.

      2.   Hours of operation of nonresidential uses that may be approved as part of the CH-PUD.

   B.   Development Period: Controlling the sequence, timing, and duration of development, such as:

      1.   Provide evidence that the applicant has sufficient control over the subject land and that the project shall commence with a defined time period after final approval or the approval shall be null and void.

      2.   Provide for ability of applicant to request in writing an extension, up to two (2) years, to begin the project.

      3.   Provide a financial guarantee acceptable to the board in a specified percent of estimated construction costs of improvements in common open space, amenities and/or infrastructure. This cost estimate shall be provided by the project engineer and checked by the county engineer. If the improvements are completed in accordance with the approved plan, the bond shall be released.

   C.   Maintenance: Assuring that development is maintained properly, such as:

      1.   Maintenance Responsibility: The owner/developer is required to maintain common open space and common facilities until seventy five percent (75%) of the proposed lots or units have been sold or are occupied. The developer must specify maintenance responsibility after this period of time and provide documentation to assure same in the future.

      2.   Failure To Maintain: The board may specify the penalties for failure of the applicant to adequately maintain their responsibilities under the development agreement.

   D.   Public Facilities: Requiring the provision of on site or off site public facilities, services, or easements, including easements for water and/or sewer main lines to provide interconnection of these utilities to adjacent parcels in all subdistricts in accordance with the master plan.

   E.   Delivery Of Public Services: Requiring mitigation of effects of the proposed development upon the delivery of public services within the planning jurisdiction. The developer shall finance the improvement of the road, public transit improvements, if any, and nonmotorized network outside of the CH-PUD where traffic generated by the increased densities makes such improvements necessary. A traffic signal at the southern intersection of State Highway 75 and Broadway Run has been identified as required mitigation. Contribution to the installation of a traffic signal shall be considered a required off site improvement.

   F.   Other Conditions: Other conditions that benefit public health, safety and welfare, or otherwise required by law, such as: execution of a development agreement drafted and proposed by the applicant and approved by the board. (Ord. 2013-01, 3-19-2013)

   A.   Preapplication Meetings And Requirements:

      1.   Administrative Meeting: Prior to submitting a CH-PUD application, the developer shall meet with the administrator to discuss the comprehensive plan and this chapter, and to familiarize the developer with the standards and governing regulations contained therein. The developer shall submit as many details of the proposal available at that time.

      2.   Blaine County Housing Authority (BCHA) Meeting: The developer shall meet with the director of the BCHA to discuss options for fulfillment of the community housing obligation. The CH plan shall be created subsequent to this preapplication meeting with BCHA. The developer shall obtain a formal written recommendation from BCHA on the CH plan prior to any public hearing.

      3.   Review By Agencies: The applicant shall submit copies of the application and plans of the proposed development to agencies required by the administrator, including, but not limited to, water and sewer regulatory agency, Ketchum rural fire district, and county building official. The administrator shall receive written agency recommendations prior to certification, except as noted herein. If a recommendation from any agency (except water, sewer, and fire protection agencies) has not been received within four (4) calendar weeks from submittal of the application, then the administrator shall consider this to be a nonresponse from that agency. Mitigation of impacts on public facilities or the environment, as identified by agencies in the following areas, shall be addressed by the applicant prior to or as a condition of approval:

         a.   Public facilities:

            (1)   Roads, traffic, and motorized, nonmotorized, and alternate transportation systems as evidenced in a traffic impact study when required;

            (2)   Schools;

            (3)   Police and fire protection;

            (4)   Utilities such as power, gas, phone, cable;

            (5)   Sewer facilities;

            (6)   Water source and distribution systems, including irrigation and domestic water rights and hydrologic impact to ground and surface water;

            (7)   Public easements created, threatened, removed;

            (8)   Parks and recreation facilities.

         b.   Environment:

            (1)   Existing vegetation;

            (2)   Wildlife habitat and migration;

            (3)   Wetlands;

            (4)   Land unsuitable for development due to potential hazards not limited to landslides, subsidence, high water table, or other severe development limitations;

            (5)   Avalanche hazard (no building shall be located within any blue or red avalanche hazard determined by specific on site study);

            (6)   Drainage, as it relates to existing natural drainage course(s) and how they are impacted by the proposal.

      4.   Review By City Of Ketchum: The CH Overlay District is located within the City of Ketchum's Area of City Impact. As such, the applicant shall submit copies of the application and plans of the proposed development to the City of Ketchum Planning Manager. The city may provide recommendations to the County on the design standards set forth in subsection 9-35-10C of this chapter as well as comments on the proposed community housing, density, parking, etc. If a recommendation has not been received within four (4) calendar weeks from submittal of the application, then the Administrator shall consider this to be a nonresponse from the City of Ketchum. Comments and recommendations received shall be considered by the commission and Board.

   B.   Application Requirements:

      1.   Ownership/Land Control: Application may be filed by at least one holder of an interest (ownership or long term -ninety-nine (99) years or more - lease) in the real property. The entire project shall be under the same ownership or controlling interest and evidence of title to the property shall be submitted with the final plat application for a CH-PUD, when applicable. Applications submitted by the BCHA or Housing Charity as herein defined may proceed to final plat hearing(s) prior to ownership upon approval by the Administrator.

      2.   Concurrent Submittal:

         a.   Subdivision: CH-PUD plans that contemplate sales of lots and/or townhouse sublots and/or condominium units and therefore require a subdivision plat shall apply for preliminary plat simultaneously with application for CH-PUD following the procedures set forth in title 10, "Subdivision Regulations", of this Code.

         b.   Conditional Use Permit: CH-PUD plans that include uses listed as conditional uses in the underlying zoning district or in section 9-35-7 of this chapter shall apply for a conditional use permit simultaneously with application for CH-PUD following the procedures set forth in chapter 25, "Conditional Use Permits", of this title.

      3.   Minimum Application Submittal Requirements:

         a.   Application And Fees: Completed application on form provided by the County, including payment of fees as set by resolution of the Board. All County permitting fees for community housing units will be reduced by half. All free market lots and units shall be assessed fees according to the fee schedule.

         b.   CH Plan: All components of the CH plan as set forth in section 6.3 of the CH Guidelines, as prepared based on input from BCHA.

         c.   Statistics: A tabulation of the numbers including, but not limited to:

            (1)   Acres and percent of total land area in street rights-of-way, including MP ROW, and in common open space;

            (2)   Maximum developable density per section 9-35-9, table 2 and section 9-35-10, table 4 of this chapter if applicable;

            (3)   Number of housing units proposed, by type (detached single-family, duplex, multiple-unit, free market, community housing);

            (4)   Estimated residential population by housing type;

            (5)   Community housing required per section 9-35-10, table 3 of this chapter.

         d.   Site Plan For Existing Uses And Conditions: Existing uses and conditions site plan including adjacent parcels and descriptions of how the proposal relates thereto. Scale of plan to be approved by the Administrator and shall include, but not be limited to:

            (1)   Buildings and other structures;

            (2)   Streets, roads, and rights-of-way for motorized and nonmotorized transportation;

            (3)   Unique site features including natural drainage features;

            (4)   Utilities underground and overhead (any utilities to be moved shall be highlighted);

            (5)   Easements (any change to easements shall be highlighted);

            (6)   Vegetation.

         e.   Site Plan For Proposed Uses: Proposed uses site plan at a scale approved by the administrator including, but not limited to, showing location and dimensions of:

            (1)   Common open space;

            (2)   Common recreation areas and facilities;

            (3)   Structures and buildings to be constructed by developer with use identified;

            (4)   Streets, parking, pedestrian, bicycle and public transit circulation system, identifying MP ROW;

            (5)   Snow storage management plan;

            (6)   Lighting plan for all parking and other outdoor areas and buildings/structures;

            (7)   Landscaping and revegetation plans with irrigation system(s) including plan for water conservation and management and noxious weed control and prevention;

            (8)   Plans for storage of personal goods including, but not limited to, vehicles, boats, RVs, trailers, household and sporting goods;

            (9)   Preliminary grading and drainage;

            (10)   Easements.

         f.   Architectural Drawings And Sketches: Architectural drawings and sketches including building elevations and floor plans sufficient to demonstrate the design, dimension and character of the proposed development and its visual effect on the neighboring land uses. Exterior lighting plan for circulation corridors and buildings. Other depictions such as installation of story poles and building outlines on the property may be required.

         g.   Infrastructure Plans:

            (1)   Roads: Plans for roads, paths and other circulation systems, including all MP ROW, with evidence of compliance with county road standards contained in title 6, chapter 1 of this code and design and improvement standards contained in the subdivision regulations, subsections 10-5-1H, I, and J, and 10-5-3N and O of this code. Evidence of curtailment of ingress/egress upon Highway 75, or request to continue current use.

            (2)   Utilities: Plans for installation underground by the applicant of gas, electric power, telephone, and cable TV. Said installations shall include stub ins to the property line of each lot.

            (3)   Domestic Water System: Plans that demonstrate the following:

            (4)   Irrigation Water System: Plans, if any irrigation water right exists on the property, that demonstrate the following:

            (5)   Sewer System: Plans for all phases of the required central sewer system that demonstrate the following:

            (6)   Solid Waste: Plan for removal of solid waste and yard waste from households and common areas that demonstrate acceptability to disposal provider.

         h.   Review Letters: Copies of letters to agencies requesting review and comment (see preapplication requirements in subsection A3 of this section). Provide copies of agency responses as received.

         i.   Traffic And Transportation Study: Traffic and transportation study including study of public transit modes in sufficient detail related to the size and scope of the project by an engineer having expertise in the field, as required by the Idaho Transportation Department.

         j.   CC&Rs: Draft proposed restrictive covenants (CC&Rs) for the homeowners' association and any other documents proposed to govern the control and maintenance of all common areas and facilities such as, but not limited to, snow removal, landscape maintenance, and sewer and water systems. Such documents shall include the period of responsibility of the developer to operate and maintain such facilities, the establishment of financial plan to support such operation and maintenance, warranty of improvements by the developer, and consequences for failure to maintain such facilities.

         k.   Development Schedule And Phasing Plan: Development schedule and phasing plan for the project and all self-contained phases that shall include all infrastructure and provisions of community housing.

         l.   Requested Information: Any additional information that may be requested by the Administrator and BCHA to demonstrate compliance with each standard for evaluation.

   C.   Commission And Board Notice And Hearing Procedure:

      1.   Certification Of Complete Application: Allowing sufficient time to review the application and write a staff report, the Administrator shall then schedule the completed application to be heard by the commission or the Board at the next available regular agenda at which noticing requirements can be met. If no hearing time is available within forty five (45) days of certification, the Administrator shall call a special commission meeting, to be held not more than three (3) weeks after the end of the forty five (45) days, to hear the application.

      2.   Commission Hearing: The Planning and Zoning Commission (commission) shall hold a public hearing following notice procedures contained in section 9-25-4 of this title, and following notice procedures contained in subsection 10-4-3D of this Code when concurrent subdivision application is made.

      3.   Board Hearing: The Board shall hold at least one hearing following the same notice procedures contained in subsection C2 of this section.

   D.   Action By The Commission And Board:

      1.   Commission Action: The commission upon hearing and evaluation shall make specific written findings with regard to each standard of evaluation contained in this chapter, and shall formulate a written recommendation to the Board for approval, approval with conditions and/or modification and/or development agreement, or denial of the proposed CH-PUD and simultaneous preliminary plat application, if any. Said written findings and recommendation shall be presented to the Board at the next regularly scheduled meeting following execution of the written document by the commission.

      2.   Board Action: The Board upon hearing and evaluation shall consider the application(s), the recommendations and record from the commission, public comment, comments from public and other agencies, and may accept, accept with modification, or reject the recommendations of the commission and shall make the final decision with regard to the CH-PUD and any concurrent preliminary plat subdivision application. (Ord. 2025-05, 5-5-2025; Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)

   A.   Appeals Process: A decision by the County on an application for a CH-PUD may be appealed through the process specified in chapter 32 of this title.

   B.   Nonbinding Precedent: The approval of a CH-PUD shall not be considered a binding precedent for the approval of other CH-PUD applications.

   C.   Nontransferable: A CH-PUD approval is not transferable from one parcel of land to another.

   D.   Amendment Of CH-PUD:

      1.   The holder of an approved but uncompleted CH-PUD may apply to the Board for amendment of the approved CH-PUD insofar as the amendment relates to the community housing within the CH-PUD. Such a request may concern the number, classification, location, construction, method of provision, or any other aspect relating to community housing within the approved development, but shall not create new lots or increase the overall density within the CH-PUD. The hearing shall be noticed in the same manner as the original application and a public hearing shall be held before the Board. The community housing aspects of the proposed amendment shall be reviewed by the Board using subsection 9-35-10A of this chapter in effect at the time the application for amendment is filed. The Board may approve the amendment if it makes a positive finding that: a) the amendment does not materially compromise the Board's findings on the original CH-PUD relating to community housing; and b) the community housing provided in the CH-PUD, as amended, complies with the requirements of this chapter. No amendment shall be approved that would extinguish the deed covenant on an already completed community housing unit.

      2.   Minor changes in the location, siting or architectural details of buildings, structures, or landscaping may be authorized by the Administrator, if required by engineering or other circumstances not foreseen at the time the CH-PUD was approved. Minor changes may include exterior colors/materials or window placements that do not significantly affect project design, appearance or function; changes to site plans that do not significantly change parking or driveway/road alignment; changes to landscape plans that do not decrease the amount of landscaping; changes to dumpster enclosures; changes to exterior lighting. All such requests shall be in writing supported by such documentation as reasonably required by the Administrator. No change shall be authorized by the Administrator except in writing and shall not increase the size of any building or structure, or building envelope concept, nor change the location of any building or structure outside of an approved building envelope. If the Administrator determines any proposed change may have a significant impact on the approved project, the Administrator may decline to administratively approve such change and shall forward same to the Board for consideration. (Ord. 2019-09, 5-28-2019; Ord. 2013-01, 3-19-2013)