A.   Permit Required; Term: No building shall be constructed, erected or altered structurally in any zoning district established by this title and no sign erected in the commercial A, commercial B, commercial C, entrance district or airport zones unless a zoning permit therefor has been issued by the city council or its authorized representative. All permits shall issue only in conformity herewith and shall be valid only for a period of one year thereafter.

   B.   Application For Permit; Approval Or Denial: Prior to the proposed construction or alteration, applications for zoning permits shall first be submitted to the Challis planning and zoning commission, if appointed, not less than five (5) days prior to the next regular meeting of the Challis planning and zoning commission for its recommendation, which commission shall have a reasonable time fixed by the city council to examine the application before the commission makes its decision. If a planning and zoning commission does not exist, the same procedure shall be used to apply before the city council. The city council shall establish by resolution the time period within which a recommendation must be made to the city council and the time period within which a decision must be made by the city council approving or denying the permit. Whenever the city council or planning and zoning commission grants or denies a permit, it shall specify the ordinance used in evaluating the application, the reasons for approval or denial and the actions, if any, that the applicant could take to obtain a permit.

   C.   Permit Fee: Zoning permit fee costs shall be established by city council resolution.

   D.   Review Of Decisions: An applicant denied a permit or aggrieved by a decision of the planning and zoning commission, if appointed, may, within sixty (60) days, seek review by the city council. An applicant denied a permit or aggrieved by a decision of the city council may seek judicial review under the procedures provided by Idaho Code, and any amendments thereto. (Ord. 499, 4-16-2009)

The council may authorize in specific cases such variance from the terms of this code as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this code would result in unnecessary hardship. A variance is a modification of the bulk and placement requirements of this code as to lot size, lot coverage, width, depth, setbacks, height or other ordinance provisions affecting the size or shape of a structure or placement of a structure upon lots or the size of lots. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this code would result in unnecessary hardship. Finally, the reason for a variance was not caused by the owner's, or previous owner's, actions.

   A.   Application And Standards For Variances: A variance from the terms of this code shall not be granted by the council unless and until a written application for a variance is submitted to the council containing:

      1.   Name, address, and telephone number of applicant(s);

      2.   Legal description of property;

      3.   Description of nature of variance requested; and

      4.   A narrative statement demonstrating that the requested variance conforms to the following standards:

         a.   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

         b.   That a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this code.

         c.   That special conditions and circumstances do not result from the actions of the applicant; and

         d.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, structures, or buildings in the same district.

A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it that support conclusions that the above mentioned standards and conditions have been met by the applicant.

   B.   Findings: No variance shall be favorably acted upon by the city council without a written recommendation from the city planning and zoning commission, resulting from a public hearing, study and/or investigation, and unless there is a finding that all of the following exist:

      1.   That there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular zoning lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying strictly with the use or bulk provisions of this code; and that the alleged practical difficulties or unnecessary hardships are not due to circumstances created generally by the strict application of such provisions in the neighborhood or district in which the zoning lot is located.

      2.   That because of such physical conditions, there is no reasonable possibility that the development of the zoning lot, in strict conformity with the provisions of this code, will bring a reasonable return, and that the granting of such a variance is therefore necessary to enable the owner to realize a reasonable return from such a zoning lot.

      3.   That the variance, if granted, will not alter the essential character of the neighborhood or district in which the zoning lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not adversely affect the public health, safety or welfare of the community at large and the neighborhood.

      4.   That the practical difficulties or unnecessary hardships claimed as a ground for a variance have not been created by the owner or by a predecessor in title. Where all other required findings are made, the purchase of a zoned lot subject to the restrictions sought to be varied shall not itself constitute a self-created hardship.

      5.   That within the intent and purpose of this code, the variance, if granted, is the minimum variance necessary to afford relief; and to this end, the city council may permit a lesser variance than that applied for.

      6.   That such variance will not violate the provisions of the Idaho Code.

      7.   That no nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings or other districts shall be considered grounds for the issuance of a variance.

      8.   That the applicant for a variance has shown sufficient proof that strict compliance will result in unnecessary hardship or practical difficulties; and that the city has not provided contrary evidence justifying that the restriction is reasonably related to the legitimate exercise of zoning.

      9.   That such a variance will not have the effect of nullifying the interest, purpose, spirit and intent of this code and that of the comprehensive development plan 1 .

   C.   Supplementary Conditions And Safeguards: In granting a variance, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this code. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code.

   D.   Actions By The City Officials:

      1.   Planning And Zoning Commission Action: Within forty five (45) days of the first regularly scheduled meeting after submission of the written application, the planning and zoning commission shall either approve, conditionally approve or disapprove the application as presented, and within fifteen (15) days forward a written recommendation to the city council.

      2.   City Council Action: Within forty five (45) days of the first regularly scheduled meeting following the submission of the planning and zoning commission's recommendation, the city council shall either approve, conditionally approve or disapprove the recommendation as presented, and within ten (10) days notify the applicant with written notice of the action on the request.

      3.   Denial Of Request: Where the commission or the council is unable to make an adequate or appropriate decision concerning the effects of the request on the public health, safety and welfare of the community and the neighborhood at large, and it feels that the results of the public hearings would be inadequate, the commission may deny the request and the council disapprove the request and recommendation prior to the hearing, under the provision that an in depth study of the issues commence immediately.

   E.   Appeals: Where the applicant or any affected person who appears in person or in writing is denied his request by the planning and zoning commission, he may appeal the decision to the city council, provided the appeal is submitted within fifteen (15) days from the negative decision. Upon receipt of an appeal, the city council shall set a hearing date to consider all the information, testimony and minutes of meetings and public hearings to reach a decision to uphold, conditionally uphold or overrule the decision of the planning and zoning commission. The action shall only be overruled by a favorable vote of one-half (1/2) plus one of the full officiating body. (Ord. 499, 4-16-2009)

   A.   Purpose: A special use is established for the location of specific classes of uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses permitted within them, providing it has no adverse effect on the public or neighborhood and when it is not in conflict with the purpose, spirit and intent of this title or the comprehensive development plan 1 . The granting of a special use permit does not entail making an exception to this title, but rather permitting certain uses which this title authorizes under stated conditions.

   B.   Application Of Provisions: Classes and types of uses subject to a special use permit are outlined in sections 10-4A-1, 10-5A-2, and 10-5B-2 of this title. All other classes and types of uses not specifically stated in this title are subject to a special use permit, including:

Cemeteries.

Churches and accessory buildings used for religious teachings.

Hospitals, sanitariums or clinics.

Libraries.

Municipal or privately owned recreation buildings or a community center.

Nursery schools, day nurseries and childcare centers.

Parking area, public.

Police stations, fire stations or place for storage of municipal equipment.

Public administration building, auditorium, gymnasium or any other publicly owned structure.

Public or private park or playgrounds.

Public utility facilities, i.e., filtration plant or pumping station, heat or power plant, transformer station and other similar facilities.

Schools, public or private.

Shopping centers.

   C.   Standards: A special use permit shall be acted upon by the city council upon written recommendation from the city planning and zoning commission, if appointed, resulting from a public hearing, study and/or investigation; and only after reviewing the particular facts and circumstances of each property in terms of the following standards and finding adequate evidence showing that such use at the proposed location:

      1.   Will not adversely affect the public health, safety and general welfare;

      2.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;

      3.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

      4.   Will not be hazardous, injurious or disturbing to existing or future neighboring uses;

      5.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools;

      6.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community and neighborhood at large;

      7.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      8.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

      9.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, or that add value to residential development and enhance the attractiveness of the community such as trees, watercourses, historic spots and other similar irreplaceable assets.

   D.   Supplementary Conditions And Safeguards: In granting a special use permit, the city council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title.

   E.   Actions By The City Officials:

      1.   Planning And Zoning Commission Action: Within forty five (45) days of the first regularly scheduled meeting after submission of the written application, the planning and zoning commission shall either approve, conditionally approve or disapprove the application as presented, and within fifteen (15) days forward a written recommendation to the city council.

      2.   City Council Action: Within forty five (45) days of the first regularly scheduled meeting following the submission of the planning and zoning commission's recommendation, the city council shall either approve, conditionally approve or disapprove the recommendation as presented, and within ten (10) days notify the applicant with written notice of the action on the request.

      3.   Denial Of Request: Where the commission or the council is unable to make an adequate or appropriate decision concerning the effects of the request on the public health, safety and welfare of the community and the neighborhood at large, and it feels that the results of the public hearings would be inadequate, the commission or the council may deny the request under the provision that an in depth study of the issues commence immediately.

      4.   Public Lands: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisitions map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the special use application.

   F.   Conditions On Special Use Permit: If the application is approved or approved with modifications, conditions may be attached including, but not limited to, those:

      1.   Minimizing adverse impact on other development;

      2.   Controlling the sequence and timing of development;

      3.   Controlling the duration of development;

      4.   Assuring that development is maintained properly;

      5.   Designating the exact location and nature of development;

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

      7.   Requiring large scale developments to provide sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.

   G.   Appeals: Where the applicant or any affected person who appears in person or in writing is denied his request by the planning and zoning commission, he may appeal the decision to the city council, provided the appeal is submitted within fifteen (15) days from the negative decision. Upon receipt of an appeal, the city council shall set a hearing date to consider all the information, testimony and minutes of meetings and public hearings to reach a decision to uphold, conditionally uphold or overrule the decision of the planning and zoning commission. The action shall only be overruled by a favorable vote of one-half (1/2) plus one of the full officiating body. (Ord. 499, 4-16-2009)

   A.   Limitations On Height: No building or other structure erected in any land use district shall have a height greater than that specified in section 10-2-4 of this title and within each zoning category, except that the council, by special use permit, may authorize a greater height to the extent that the council determines that: 1) provisions have been made for protection from fire hazards and against aviation accidents, 2) consideration has been given to the protection of view and to the character of the neighborhood, 3) proper provision has been made for light and air, and 4) such greater height will better promote the protection of the environment in the area. The height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy except where the height of such structures will constitute a hazard to the safe landing and takeoff of aircraft at an established airport.

   B.   Provisions For Unique Land Uses: Certain unique land uses pose special problems that may have detrimental influence on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title:

      1.   Bulk Storage Of Flammable Liquids And Gases, Aboveground And For Resale:

         a.   Will be located at least three hundred feet (300') from a residential zone, a residence, motel, hotel, except for an owner's residence or other dwellings;

         b.   Will be erected subject to the approval of the commission and council; and

         c.   Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the commission and council.

      2.   Chemicals, Pesticide And Fertilizer Storage And Manufacture:

         a.   Will have adequate fire protection, storage area, handling and disposal as approved by the commission and council.

      3.   Contractor's Yard: That portion of a premises devoted to the storage and maintenance of construction equipment and materials:

         a.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses;

         b.   Will be completed by an eight foot (8') sight obscuring fence.

      4.   Drive-In Restaurant:

         a.   Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties;

         b.   Will have a six foot (6') high sight obscuring fence along the property lines that adjoin a residence;

         c.   Will provide for adequate trash receptacles; and

         d.   Will avert the direction of night lighting toward any residence.

      5.   Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value Not Under State Or Federal Supervision And Control (Only Within Area Of City Impact Per City/County Agreement):

         a.   The extent and method of rehabilitation shall be determined in advance of issuing a zoning permit with due consideration given to what is suitable and compatible with the surrounding area;

         b.   Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property.

      6.   Home Occupation:

         a.   Not more than one person other than members of the family residing on the premises shall be engaged in such occupation;

         b.   The use of the dwelling unit or an exterior building for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and as area equivalent to not more than fifty percent (50%) of floor area of the dwelling unit shall be used in the conduct of the home occupation;

         c.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation;

         d.   Total residential and business motor vehicle travel to and from the dwelling shall not exceed an average of fifteen (15) round trips per day during any five (5) day period. Said occupation shall require no additional parking space;

         e.   No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises;

         f.   The occupation shall be conducted entirely within a structure on the property.

      7.   Manufactured, Mobile Home And Recreational Vehicle Parks: The following improvements shall be provided in all manufactured/mobile home and recreational vehicle parks:

         a.   Site Selection:

            (1) Topography: The topography must be favorable to good site drainage, minimum grading, manufactured/mobile home/recreational vehicle placement, and ease of maintenance.

            (2) Availability Of Utilities: The site must be readily accessible to public utilities, including water, sewerage, and electricity.

            (3) Necessary Land Area: The area of the manufactured home/recreational vehicle park must be sufficient in size to accommodate: a) the number of manufactured/mobile home/recreational vehicle spaces desired; b) roads and parking areas for motor vehicles; c) service areas, buildings and playgrounds.

         b.   Site Improvements:

            (1) The physical improvements of the site must be arranged to provide: a) a convenient means of pedestrian and vehicular access to each manufactured/mobile home/recreational vehicle space, parking areas, and accessory buildings; b) an adequate supply of potable water; c) a safe method of sewage disposal; d) electrical service for lighting and power; and e) diversion of surface water away from buildings, manufactured/mobile home/recreational vehicle spaces, service and recreational areas.

         c.   Site Planning: A plan of the proposed manufactured home park must be developed for approval of the city indicating the layout of manufactured/mobile home/recreational vehicle spaces, roads, walks, service buildings, service areas, utilities, and necessary grading.

         Determination must be made in the initial planning stage on the number of manufactured/mobile homes/recreational vehicles to be accommodated.

            (1) Manufactured/Mobile Home/Recreational Vehicle Space Sizes: Each manufactured/mobile home space must be not less than one thousand two hundred fifty (1,250) square feet in area and should be at least twenty five feet (25') wide. Recreational vehicle spaces may be smaller but must accommodate the average recreational vehicle size.

            (2) Spacing Of Manufactured/Mobile Homes/Recreational Vehicles: The minimum spacing between manufactured/mobile homes/recreational vehicles and between manufactured/mobile homes and buildings must be:

               (A) Side to side spacing: Fifteen feet (15');

               (B) End to end spacing: Ten feet (10') from the manufactured home park property line.

            (3) Roads, Walks And Parking Areas:

               (A) General Circulation: Safety and convenience must be a major consideration in the layout of roads, walks, and parking areas within the manufactured home park. All roads must be continuous.

               (B) Servicing: Suitable vehicular access for firefighting equipment, delivery of fuel, removal of garbage and refuse, and for other necessary services must be provided.

               (C) Width Of Roads And Parking Areas: Main access roads, excluding parking, must be two (2) lane and at least twenty four feet (24') wide.

               (D) Parking Area: The same number of motor vehicle parking spaces must be provided as the number of manufactured spaces. These must be provided in special parking areas.

               (E) Walks: The manufactured home park walk system must include a walk from the entrance of each manufactured/mobile home to service facilities.

               (F) Width Of Walks:

                  (i) Public walks: Minimum four feet (4').

                  (ii) Entrance walks (from public walk to manufactured/recreational vehicle door): Two feet (2').

            (4) Service Buildings: Each manufactured home/recreational vehicle park that is planning on serving recreational vehicles must be provided with one or more service buildings containing the requisite number of plumbing fixtures and other service equipment. The service buildings must conform in general to the following requirements:

               (A) Location: The building should be located not more than two hundred feet (200') from any recreational vehicle space.

               (B) Construction: The materials and methods used in the construction of service buildings must conform to local building codes for buildings of this nature. It must have an interior finish which is moisture resistant and can be easily cleaned. All rooms of service buildings must be ventilated and all exterior openings provided with screens.

            (5) Facilities (Recreational Vehicle Park Only):

               (A) Toilet Rooms: Separate men's and women's toilet rooms must be provided and distinctly marked. These rooms must be separated by a sound resistant wall. A vestibule or screen wall must be provided to prevent direct view into the toilet rooms when exterior doors are open.

               (B) Plumbing Fixtures: Every recreational vehicle park must provide adequate toilet and laundry facilities. In no instances should there be less than one laundry unit (laundry or washing machine); one water closet, one lavatory and one shower for women; and one water closet, one lavatory and one shower for men. A slop water closet (water closet with seat removed) must be provided in each service building. The slop water closet should be in a separate room of the service building with a single direct opening to the outside.

The facilities listed above will accommodate the planned number of recreational vehicle spaces. One water closet must be provided for each sex for every ten (10) additional recreational vehicles. (Urinals for men may be substituted for 1/3 of these water closets.)

One lavatory must be provided for each sex for every ten (10) additional recreational vehicles; and one shower or bathtub for each sex for every twenty (20) additional recreational vehicles. A laundry unit must be provided for every twenty (20) additional spaces.

            (6) Fire Prevention:

               (A) The court area shall be subject to the rules and regulations of the fire prevention authority.

            (7) Regulations:

               (A) No permanent additions of any kind shall be built onto, nor become a part of, any manufactured/mobile home/recreational vehicle. Skirting of coaches is permissible, but such skirting shall not permanently attach the coach to the ground, provide a harborage for rodents, or create a fire hazard. The wheels of a coach shall not be removed, except temporarily when necessary for repairs. Jacks or stabilizers may be placed under the frame of the coach to prevent movement on the springs while the coach is parked and occupied. No owner or person in charge of a dog, cat, or other pet animal shall permit it to run at large, or to commit any nuisance within the limits of any manufactured home park.

      8.   Schools/Development Around Schools: As schools are placed or planned within areas around the county, considerations for the following will be planned for and included in any development applications:

         a.   Safe access routes to school for children.

         b.   Coordinated recreation areas in or around the school areas.

         c.   Open space areas preserved in and around the school areas.

         d.   Provisions for sidewalks, bike paths, greenways and other alternate transportation routes.

         e.   Bus turnout and transportation routes for buses.

         f.   Other features and amenities to ensure the safety of the schoolchildren.

      9.   Wrecking Yards/Junkyards:

         a.   No wrecking or junk yards are allowed within the Challis city limits. (Ord. 499, 4-16-2009)

   A.   General: Whenever the public necessity, convenience, general welfare, or good zoning practices require, the council may, after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.

   B.   Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of the following ways:

      1.   By adoption of a motion by the commission, if appointed;

      2.   By adoption of a motion by the council; and

      3.   By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by said amendment.

   C.   Contents Of Application: Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:

      1.   Name, address, and telephone number of applicant;

      2.   Proposed amending ordinance, approved as to form by the board;

      3.   Present land use;

      4.   Present zoning district;

      5.   Proposed use;

      6.   Proposed zoning district;

      7.   A vicinity map at a scale approved by the council showing property lines, thoroughfares, existing and proposed zoning and such other items as the council may require;

      8.   A list of all property owners and their mailing addresses who are within three hundred feet (300') or as determined by the planning and zoning commission of the external boundaries of the land being considered;

      9.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities, and compatibility with the surrounding area; and

      10.   A fee according to schedule as established by resolution of the council.

   D.   Transmittal To Commission, If Appointed, And/Or The Council: Zoning districts shall be amended in the following manner:

      1.   Requests for an amendment to the zoning ordinance shall be submitted to the commission, if appointed, who shall evaluate the request to determine the extent and nature of the amendment requested;

      2.   If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided; and

      3.   If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the commission, which shall recommend, and the council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided for.

   E.   Commission Public Hearing: The commission, if appointed, shall hold a public hearing and make recommendations or proposed zoning amendments. Zoning amendments may consist of text or map revisions.

      1.   Zoning Ordinance Text Amendment: The commission, prior to recommending a zoning ordinance text amendment to the council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place, and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing; further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council if the council will not conduct a subsequent public hearing concerning the proposed change. If the council will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the council.

         a.   Zoning Ordinance Map Amendment: The commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the commission. When notice is required to two hundred (200) or more property owners or residents in lieu of the mail notification three (3) notices in the official newspaper or paper of general circulation is sufficient, provided that, the third notice appears not less than ten (10) days prior to the public hearing. Following the commission's hearing if the commission makes a material change from what was presented at the public hearing; further notice and hearing shall be provided before the commission forwards the amendment with its recommendations to the council if the council will not conduct a subsequent public hearing concerning the proposed change. If the council will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the council.

   F.   Recommendation By Commission: Within a reasonable time period after the public hearing of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as requested, or it may recommend that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the comprehensive plan established goals and objectives.

   G.   Action By The Council: The council, prior to adopting, revising, or rejecting the amendment to the zoning ordinance as recommended by the commission shall conduct at least one public hearing using the same notice and hearing procedures as the commission. If the commission has not been appointed, the council will hold only one single public hearing as specified herein. Following the council hearing, if the council makes a material change from what was presented at the public hearing; further notice and hearing shall be provided before the council adopts the amendment.

Within a reasonable time period after the public hearing of the proposed amendment, the council shall accept the recommendation of the commission's report unless rejected by a vote of one-half (1/2) plus one of the members.

Upon granting or denying an application to amend the zoning ordinance, the council shall specify:

      1.   The ordinance and standards used in evaluating the application;

      2.   The facts and reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

   H.   Resubmission Of Application: No application for reclassification of any property which has been denied by the council shall be resubmitted, in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action; unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration.

   I.   Zoning Upon Annexation: Prior to annexation of an unincorporated area, the commission shall make a recommendation to the city council for changes to the comprehensive plan and zoning ordinance for the unincorporated area to be annexed. (Ord. 499, 4-16-2009)

   A.   Purpose: The purpose of a development agreement is to provide a means to allow the council to place conditions and/or restrictions on a rezone or other development to mitigate the impact of the rezone or development and to provide a means for delineating the commitments, obligations, and responsibilities of the parties (government agencies, developers, individuals, etc.) involved.

   B.   Applicability: As a condition of rezoning or development, at any time during any stage of the development permitting process, a development agreement may be requested by the council, recommended by the commission, if appointed, or it may be requested by the developer.

   C.   Agreement Proposal: In the event a development agreement is submitted or in the event a development agreement is deemed appropriate by the commission, if appointed, during or after a public hearing, the reasons for proposing the use of a development agreement or a proposed development agreement shall be forwarded to the council with the commissioner's findings and recommendation.

   D.   Recommendation: In the event the council makes a finding that a development agreement would be in the best interest of the city, but where no development agreement was recommended by the commission and presented to the council, the council shall remand the matter back to the commission with instructions that a development agreement be prepared, that it contain such terms as are in the best interest of the city and the developer, that it be made a part of the public hearing process and that it be included in the commission's recommendations.

   E.   Content: A request for a development agreement shall be in addition to an application for rezone and shall contain the following:

      1.   An affidavit by the property owner, if the owner is not the same as the applicant, agreeing that the property subject to the rezone may be subject to a binding development agreement.

      2.   The specific use or uses of the property affected by the development agreement.

      3.   The concept plan, which shall include, but not be limited to, three (3) at least eighteen inch by twenty four inch (18" x 24") site plans and one eight and one-half inch by eleven inch (81/2" x 11") drawing showing:

         a.   Existing structure(s) that will remain, labeled as to existing and proposed uses.

         b.   Building footprint(s), height, number of stories, proposed uses (office, retail, restaurant), and square footage of proposed structures. If residential, overall density and number of dwelling units per building.

         c.   North arrow.

         d.   Scale.

         e.   Property boundaries.

         f.   Names of applicant, owners if different than applicant, preparer and project.

         g.   Size of project.

         h.   Existing vegetation.

         i.   Existing and proposed grades for hillside developments.

         j.   Parking areas with total number of parking spaces.

         k.   Locations and widths of right of way, easements, canals, ditches and property lines.

         l.   Drainage features.

         m.   Conceptual landscape plan.

         n.   Interior streets and access streets.

      4.   The time period for which the agreement is to be valid.

      5.   A statement that failure to comply with all of the commitments in the approved development agreement shall be deemed a consent to rezone the property to its preexisting state or to the preexisting zone.

      6.   If the development agreement is being requested by the applicant, as opposed to having been required by the council or by the commission, a statement must be included wherein the applicant agrees that all time limits set forth by the code are waived.

      7.   Any proposed phasing schedule.

   F.   Process:

      1.   Whenever a development agreement is requested or proposed, the zoning administrator shall work with the applicant to prepare the agreement. In addition to the information required in subsections E3a through E3n of this section, any additional uses may be addressed. Those issues may include, but are not limited to, density, site design, mitigation of impact on surrounding neighborhoods, appearance, provision of utilities, public services or public facilities, and any use restrictions.

      2.   The commission shall hold a public hearing to consider the proposed development agreement simultaneously with its hearing to consider the requested rezone or other development request. After its hearing, the commission shall make a recommendation to the council and in its recommendation it may recommend approval or denial of the development agreement or it may recommend additional terms, conditions, duties or obligations which should be covered by the agreement.

      3.   After the council receives the recommendation from the commission, the council shall hold a public hearing on the proposed development agreement. After conducting its public hearing and considering the recommendation of the commission, the council shall approve, deny or modify the agreement as the board, in its discretion, deems necessary. After approval by the council, a development agreement may be modified only by the permission of the council and after complying with the notice requirements as set forth in Idaho Code section 67-6509.

   G.   Record: Development agreements shall be recorded in the office of the county recorder and shall take effect upon adoption of the amendment of the zoning ordinance or approval of a subdivision or other development.

   H.   Agreement Binding: Development agreements shall be binding upon the owner or developer and the council as set out in Idaho Code section 67-6511A.

   I.   Termination; Reversal: A development agreement may be terminated and the zoning designation upon which the use is based reversed, upon the failure of the owner or developer or any successor or assignee thereof to fulfill any of the requirements of the development agreement within a reasonable time, within the time set in the agreement or upon the failure of the owner or developer or their successors or assigns, to act in the manner agreed upon, and after complying with the notice and hearing requirements as set forth in Idaho Code section 67-6509.

   J.   Subsequent Owners: Each subsequent owner, any successor or assignee, or any person who shall thereafter acquire an interest in the property, shall take that interest subject to the terms and conditions which are set out in the development agreement and they shall conform to and abide by the terms and conditions of that agreement.

   K.   Council Obligation: By permitting or requesting a development agreement, the council does not obligate itself to adopt any proposed zoning ordinance or approve any development. The council is obligated once they have signed the agreement.

   L.   Written Consent: A written development agreement shall be deemed written consent to rezone the affected property and the commitment of the owner or developer or any successor or assignee to comply with the conditions imposed by the development agreement.

   M.   Violation; Enforcement: Development agreements may be enforced by any person through any means permitted by law. That relief shall include, but not necessarily be limited to, specific performance, injunctive relief, or through the criminal process for violation of any provision of this title or title 11 of this code and provided for in Idaho state code section 67-6527.

   N.   Developer As Applicant: A developer shall be considered the applicant in any development agreement. In the event that a developer consists of more than one person or entity, all persons who will be engaged in the development shall be bound by the agreement.

   O.   Other Agreements, Terms And Conditions: In addition to a development agreement as set forth above, the council may enter into agreements that require certain terms and conditions to be complied with as a condition of subdivision approval. One of the terms of any agreement may be that in the event a developer does not comply with the agreement, subdivision approval may be withdrawn. (Ord. 499, 4-16-2009)

   A.   Purpose: The general purpose of this section is to protect and promote the public health, safety and welfare, the quality of life, by establishing regulations and a process of review for exterior lighting. This section establishes standards for exterior lighting in order to accomplish the following:

      1.   To protect against direct glare of excessive lighting;

      2.   To provide safe roadways for motorists, cyclists and pedestrians;

      3.   To prevent light trespass in all areas of the county;

      4.   To provide lighting guidelines.

   B.   Scope: All exterior lighting installed after the effective date hereof in any and all zoning districts in the city shall be in conformance with the requirements established by this title and any other applicable ordinances.

   C.   Definitions: Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application:

    EXISTING LIGHTING: Any and all lighting installed prior to the effective date hereof.

   EXTERIOR LIGHTING: Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside and includes all yard (100w HPS) and street (250w HPS) lamps.

   LIGHT POLLUTION: Any adverse effect of manmade light including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky; often used to denote urban sky glow.

   D.   Criteria: The council and/or the planning and zoning commission shall have the authority to require any new lighting to meet the recommendations and guidelines, in addition to the requirements of this section.

Any new outdoor lighting installed or any existing lighting being replaced shall meet the requirements of the local electric company for high pressure sodium lamps including a full cutoff shade.

   E.   Violations And Legal Actions: If after investigation, the city finds that any provision of this section is being violated, the city shall give notice by hand delivery or by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within thirty (30) days of the date of mailing the notice. If the violation is not abated within the thirty (30) day period, the city may institute actions and proceedings, either legal or equitable, to enjoin, restrain or abate any violations of this chapter and to collect the penalties for such violations. (Ord. 499, 4-16-2009)

Any amendment to this title shall require the following action:

   A.   Full review and study by the Challis planning and zoning commission.

   B.   Complete public hearings by the planning and zoning commission and the city council after at least fifteen (15) days' notice prior to each of said hearings by publication, posting and mailed notifications to property owners and residents within three hundred feet (300') of the external boundaries of the land of the district subject to said proposed amendment. (Ord. 499, 4-16-2009)

Whenever any public hearing relative to this title is to be conducted by the planning and zoning commission or the city council, at least fifteen (15) days prior to the hearing, notice of the time and place and summary of the subject of the hearing shall be published in the official city newspaper or in a newspaper of general circulation within the city. Copies of said notice shall also be posted in three (3) conspicuous public places within the city and copies shall be mailed to adjoining landowners when appropriate. (Ord. 499, 4-16-2009)

   A.   Inspections: The city council or its authorized representative is hereby empowered to cause any buildings or tracts of land to be inspected or examined for the purpose of determining conformity with the provisions of this title. Upon the discovery of any condition or violation of any of the provisions of this title, an order may be issued by the city council or its authorized representative demanding removal or correction of the violation.

   B.   Nuisances: Violations of this title are hereby declared to be a nuisance, and the city council or its authorized agent, after thirty (30) days' written notice to remove or correct the violation, may prevent, remove and abate the same at the expense of the party creating or maintaining the same, in which event the city may levy a special assessment as provided in Idaho Code 50-1008 on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same.

   C.   Civil Action: In addition to or in lieu of the foregoing, the city may bring any appropriate civil action, including abatement, injunction and/or damages, in which event the city shall be entitled to all costs including attorney fees in prosecution of such action.

   D.   Penalties: In addition to the foregoing, any person violating the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to such penalties as provided by law.

   E.   Mediation: Mediation of planning and zoning issues may be provided in accordance with Idaho Code 67-6510 and any revisions. (Ord. 499, 4-16-2009)

This title shall not be construed to hold the city responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein, or failure to inspect or reinspect or by reason of issuing a building permit as herein provided. (Ord. 499, 4-16-2009)