A.   Position Created, Appointment: For the purpose of carrying out the provisions of titles 8, 9, and 10 of the Eagle City Code, a zoning administrator is hereby created, who shall be appointed by the mayor with the consent of the council. The zoning administrator or the zoning administrator's designee shall administer titles 8, 9, 10, and 11 of the Eagle City Code.

   B.   Duties: For the purpose of this title, the administrator shall have the following duties:

      1.   To advise interested persons of the zoning ordinance provisions of this title;

      2.   To notify the news media regarding matters of public interest;

      3.   To aid applicants in the preparation and expedition of required applications;

      4.   To issue zoning permits, certificate of occupancy permits, notifications and such similar administrative duties;

      5.   To investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation; and

      6.   To assist the council in carrying out the provisions of this title. (Ord. 40, 10-1978, rev. 9-1980; amd. 1985 Code; Ord. 827, 10-22-2020)

   A.   Zoning Permit:

      1.   Permit Required: No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title.

      2.   Application For Permit: The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is not substantially completed within one year. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of applicant;

         b.   Legal description of property;

         c.   Existing use;

         d.   Proposed use;

         e.   Zoning district;

         f.   Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;

         g.   Building heights;

         h.   Number of off street parking spaces or loading berths;

         i.   Number of dwelling units;

         j.   Proposed sewer and water facilities; and

         k.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title.

      3.   Approval Of Permit, Issuance: Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy and one copy of plans, similarly marked, shall be retained by the administrator. The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.

      4.   Expiration and Revocation of Permit: If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire. It shall be revoked by the administrator and written notice thereof shall be given to the persons affected. Additionally, the administrator may, in writing, suspend or revoke a zoning permit and may issue a stop work order; upon any violation of any requirement, law, regulation, code or ordinance related to property for which the zoning permit has been issued; whenever the permit is found to have been issued in error; or on the basis of incorrect information having been supplied to the city.

   B.   Certificates Of Occupancy:

      1.   Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.

      2.   Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

   C.   Unlawful Acts:

      1.   Failure To Obtain Permit Or Certificate: Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this title.

      2.   Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

   A.   Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   B.   Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming one.

   C.   Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 “Variances” may be permitted through issuance of a conditional use permit. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

The commission/council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved, or section 8-7-3-1 (C) of this chapter, or as may otherwise be established by this title;

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

   C.   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;

   D.   Will not be hazardous or disturbing to existing or future neighboring uses;

   E.   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; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   F.   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;

   G.   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;

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

   I.   Will not result in the destruction, loss or damage of agricultural lands or any natural open space, scenic, cultural, or historic feature of major importance without adequate mitigation as determined by the city council. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021; Ord. 868, 8-8-2022)

Public sites and open spaces shall conform to the following:

   A.   Public Uses: Where it is determined that a proposed park, playground, school or other public use shown on the future acquisition 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 conditional use application.

   B.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.

   C.   Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 40, 10-1978, rev. 9-1980)

In granting any conditional use, the 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 conditional use is granted, shall be deemed a violation of this title. (Ord. 40, 10-1978, rev. 9-1980)

   A.   Application For Conditional Use Permit: An application for conditional use permit shall be filed with the administrator by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

      1.   Name, address and phone number of applicant;

      2.   Legal description of property;

      3.   Description of existing use;

      4.   Zoning district;

      5.   Description of proposed conditional use;

      6.   A plan for the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this title; and

      7.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

   B.   Supplemental Information: Prior to granting a conditional use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects on the proposed conditional use. (Ord. 40, 10-1978, rev. 9-1980)

   C.   Procedure For Approval Of Conditional Use Permit: The commission shall hold a public hearing on each conditional use permit application as specified in section 8-7-8 of this chapter. The council may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title.

      1.   Public Hearing, Notice: Prior to granting a conditional use permit, the commission shall hold a public hearing in which interested persons shall have an opportunity to be heard. That public hearing shall be scheduled within thirty (30) days of receipt of an application. Notice shall be provided as required by section 8-7-8 of this chapter.

      2.   Action By The Commission And Council: Within fifteen (15) days after the public hearing, the commission shall transmit its recommendation of approval or denial to the council. Within forty five (45) days after receipt of the commission's recommendation, the council shall approve or deny the application. The city council shall follow notice and hearing requirements set forth in section 8-7-8 of this chapter. If the application is approved or approved with modifications, the council shall direct the administrator to issue a conditional use permit listing the specific conditions specified by the council for approval.

Upon granting or denying an application, the council shall specify:

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to obtain a permit. (Ord. 270, 5-29-1996)

      3.   Notice To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.

   D.   Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit 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; and

      7.   Requiring more restrictive standards than those generally required in this title. (Ord. 40, 10-1978, rev. 9-1980)

   E.   Transfer Of Permit: A conditional use permit is not transferable from one parcel of land to another. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon any transfer of title for the property the conditional use permit transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgement to the city accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council.

   F.   Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.

   G.   Time Limitations, Extensions:

      1.   Once a conditional use is approved and exercised, said use may continue without further temporal constraints, provided that the use complies with its intended purpose, or city approved modifications thereafter, and does not violate any codes, subject to the following:

         a.   An approved conditional use permit shall be valid for a term approved and conditioned by the city council.

         b.   An extension of the time limit for an approved conditional use may be granted by the city council, at its sole discretion, without further notice and hearing, if the following findings are made:

            (1)   There are no outstanding city code or conditional use permit violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time;

            (2)   The conditional use, as previously approved, remains in the best interests of the health, safety, and general welfare of the city;

            (3)   There have been no significant changes to this code between the date of conditional use approval and the date of the time extension request that would require substantial modifications to the project;

            (4)   There are no hazardous conditions which have developed or have been discovered on the project site; and

            (5)   The public facilities and services required for the project remain adequate.

   H.   Modification Of Permit: A conditional use permit may be modified by the city council after public notice has been provided in accordance with section 8-7-8 of this chapter. (Ord. 647, 11-23-2010; amd. Ord. 827, 10-22-2020)

Zoning Administrator decisions may be appealed to the City Council. Any such appeal shall be filed in accordance with the following procedures:

   A.   Who May Appeal: Appeals may be filed by anyone affected by the decision.

   B.   Appeal Period: Any appeal shall be filed within fourteen (14) calendar days after the date of the Zoning Administrator's written decision. If the last day for appeal is a day city hall is closed, the appeal period shall extend to the next day city hall is open. Appeals filed beyond the appeal period shall not be accepted.

   C.   Form of Appeal: An appeal shall be filed in writing with the City Clerk. The appeal shall clearly and concisely state the extent of the appeal, the applicable code section(s) being appealed, the reason and grounds for the appeal, and the specific impact on the appellant. The appeal shall be accompanied by the filing fee established by the City Council.

   D.   Effect of Appeal: An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council after the notice of appeal is filed that by reason of facts stated in the application, a stay would, in the administrator’s opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon an application, with notice to the administrator showing due cause.

   E.   Decision on the Appeal: The City Council may affirm, affirm in part, reverse, or modify the decision being appealed. The City Council may adopt additional conditions of approval as the facts warrant. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

   A.   Authority To Grant Variances: The council may authorize, in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of 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 title would result in unnecessary hardship.

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

      1.   Name, address and phone 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 title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

         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 title to other lands, structures or buildings in the same district.

A variance shall not be granted unless the council makes specific findings of the fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 40, 10-1978, rev. 9-1980)

Under no circumstances shall the council grant an appeal or variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any appeal or variance, the council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this title. (Ord. 40, 10-1978, rev. 9-1980)

   A.   Public Hearing, Notice: Prior to granting a variance, public hearings in which interested persons shall have an opportunity to be heard shall be held. The public hearing before the planning and zoning commission shall be scheduled after receipt of an application. The commission shall follow the notice requirements provided by section 8-7-8 of this chapter.

   B.   Action By Commission And Council: After the public hearing, the commission shall transmit its recommendation of approval, conditional approval or denial to the council. The city council shall follow the notice requirements provided by section 8-7-8 of this chapter and, after receipt of the commission's recommendation, the council shall approve, conditionally approve or deny the request for appeal or variance.

Upon granting or denying an application, the council shall specify:

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

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a variance. (Ord. 270, 5-29-1996)

   C.   Notice To Applicant: After a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

   A.   Appeals Of City Council Decisions: For any application required or authorized pursuant to the Local Land Use Planning Act, an affected person may seek judicial review of any final decision of the city council.

      1.   A decision of the city council is not a final decision until it has been rendered in writing.

      2.   Any affected person seeking judicial review shall first seek reconsideration of the final decision within fourteen (14) calendar days. Such written request shall be provided to the city clerk along with any such fee as adopted by resolution of the city council and shall identify specific deficiencies in the decision for which reconsideration is sought and the legal basis for relief.

      3.   In the event no action is taken by the city council within sixty (60) calendar days of receipt of a request for reconsideration the request is deemed denied. If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. The city council may then reopen the matter and have additional public hearing(s) if it believes additional information is necessary. The notice for public hearing shall comply with section 8-7-8 of this title.

      4.   Notice To Applicant Or Affected Person: Within ten (10) calendar days after the written decision has been rendered, the administrator shall provide the applicant or affected person with a written notice of the action on the request.

      5.   A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 820, 12-10-2019; Ord. 858, 10-26-2021)

   A.   Authority: Whenever the public necessity, convenience, general welfare or good zoning practices require, the council may, by ordinance 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;

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

      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.   Application For Amendment: Applications for amendments to the official zoning map, adopted as part of this title by reference, shall contain at least the following information:

      1.   Name, address and phone number of applicant;

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

      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 administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;

      8.   A list of all property owners and their mailing addresses who are within three hundred feet (300') 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 as established by the council. (Ord. 256, 2-7-1995)

   D.   General Procedure For Amendments: Zoning districts shall be amended in the following manner:

      1.   Request for an amendment to this title shall be submitted by the commission which shall evaluate the request to determine the extent and nature of the amendment requested.

      2.   Request shall be reviewed by the commission and shall be evaluated to determine if such action shall create a demand for public infrastructure that is not currently available for the site including, but not limited to, municipal sewer and water services.

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

      4.   If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the planning or planning and zoning commission, or in its absence, the council, 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, this title may then be amended as hereinafter provided for. (Ord. 530, 10-18-2005)

   E.   Public Hearings, Notice: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

      1.   Zoning Text Amendment: The commission, prior to recommending a zoning text amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The commission shall follow the notice requirements provided in section 8-7-8 of this chapter. 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.

      2.   Zoning Map Amendment: The commission, prior to recommending a zoning 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. The commission shall follow the notice requirements provided in section 8-7-8 of this chapter. (Ord. 270, 5-29-1996)

   F.   Action By Commission:

      1.   Recommendation By The Commission: Within forty five (45) days from the receipt 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 a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any recommendations for amendments are in accordance with the following findings:

         a.   The proposed zoning ordinance amendment is in accordance with the comprehensive plan and established goals and objectives and the future land use map;

         b.   The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zone;

         c.   The proposed zone is compatible with the zoning and uses in the surrounding area;

         d.   No nonconforming uses will be created with this rezone.

   G.   Action By Council:

      1.   The Council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. 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. The City Council shall make findings as required in subsection F of this section. (Ord. 530, 10-18-2005)

      2.   Upon granting or denying an application to amend this title, the Council shall specify:

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to obtain the amendment.

   H.   Effect Of Amendment Approved: In the event the Council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance.

   I.   Resubmission Of Application: No application for a 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. (Ord. 256, 2-7-1995; amd. Ord. 530, 10-18-2005)

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission, or the Planning Commission and the Zoning Commission, on the proposed comprehensive plan and changes to this title for the unincorporated area. Each commission and the City Council shall follow the notice and hearing procedures for Zoning Ordinance map amendments set forth in section 8-7-8 of this chapter. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the comprehensive plan and this title. (Ord. 270, 5-29-1996)

The Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses 1 . The schedule of fees shall be posted in the Office of the Administrator and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 40, 10-1978, rev. 9-1980)

   A.   Public Hearings: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard. No notice of a City Council hearing shall be given prior to receiving a recommendation from the Planning and Zoning Commission. Following any hearing, if a material change from what was advertised in the notice and presented at the public hearing is proposed, further notice and hearing shall be provided before the final decision is made.

   B.   Neighborhood Meetings: Applicants shall conduct a neighborhood meeting within six (6) months of the application submittal date for comprehensive plan amendments, annexations, rezones, variances, conditional uses, zoning ordinance map amendments, and subdivisions. A neighborhood meeting shall not be required for City initiated applications.

      1.   Meeting Requirements:

         a.   It shall be the sole duty of the applicant to provide mailed written notice, in a form deemed appropriate by the zoning administrator, to all property owners or purchasers of record owning property within five hundred (500) feet of the exterior boundary of the application property. Notice by mail shall also be provided to homeowners’ associations that are contiguous to the exterior boundary of the application property. Mailed notice to neighborhood associations and any additional area that may be impacted by the proposed change shall be provided, as determined by the zoning administrator. The neighborhood meeting written notice shall be provided by mail a minimum of fifteen (15) calendar days prior to the scheduled neighborhood meeting. For application properties which are five hundred (500) acres in size or larger and include two hundred fifty (250) or fewer dwelling units, notice of the neighborhood meeting shall be provided to all property owners and purchasers of record owning property within one-half (½) mile of the exterior boundary of the application property. For application properties which are five hundred (500) acres in size or larger and include more than two hundred fifty (250) dwelling units, notice of the neighborhood meeting shall be provided to all property owners and purchasers of record owning property within two (2) miles of the exterior boundary of the application property.

         b.   The purpose of the neighborhood meeting is for the applicant to provide project information to the property owners or purchasers of record mentioned in subsection B1a of this section.

            (1)   Meetings shall be on a Saturday between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M., or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a federal holiday, a federal holiday weekend or the day before or after a federal holiday or federal holiday weekend.

            (2)   The meeting shall be held either on the application property or at a location with suitable meeting facilities if such facilities are located within the city of Eagle planning boundary as identified within the comprehensive plan.

         c.   The neighborhood meeting shall be conducted prior to the submittal of the application.

         d.   Application materials shall include a written verification of the neighborhood meeting and a dated copy of notice provided to affected property owners.

   C.   Published And Mailed Notice For Comprehensive Plan And Zoning And Subdivision Ordinance Text Enactments, Amendments, And Repeals: At least fifteen (15) calendar days prior to each hearing, notice of the time and place of the hearing and a summary of the proposed action shall be made available to other papers, radio, and television stations serving the city for use as a public service announcement. Notice shall be sent to all political subdivisions providing services within the city, including school districts, at least fifteen (15) calendar days prior to the public hearing.

   D.   Published And Mailed Notice For Annexation, Comprehensive Plan Land Use Map Amendment, Zoning Ordinance Map Amendment, Development Agreement, Conditional Use Permit, Variance, Planned Unit Development, And Subdivision: At least fifteen (15) calendar days prior to each hearing, notice of the time and place of the hearing and a summary of the request and proposed action shall be published in the official newspaper or paper of general circulation within the city. Notice shall also be made available to other papers, radio, and television stations serving the city for use as a public service announcement.

At least fifteen (15) calendar days prior to the hearing, additional notice shall be provided to political subdivisions providing services, including school districts. Notice by mail shall be provided to all property owners and purchasers of record owning property within five hundred (500) feet of the exterior boundary of the application property. Notice by mail shall also be provided to homeowners' associations that are contiguous to the exterior boundary of the application property. Mailed notice to neighborhood associations and any additional area that may be impacted by the proposed change shall be provided as determined by the zoning administrator. For application properties which are five hundred (500) acres in size or larger and includes two hundred fifty (250) dwelling units or fewer, notice of the public hearing shall be provided to all property owners and purchasers of record owning property within one-half (½) mile of the exterior boundary of the application property. For application properties which are five hundred (500) acres in size or larger and include more than two hundred fifty (250) dwelling units, notice of the public hearing shall be provided to all property owners and purchasers of record owning property within two (2) miles of the exterior boundary of the application property.

   E.   Posted Notice: Except as noted within this subsection, any time notice is required under subsection D of this section, the land being considered shall be posted in a manner as determined by the zoning administrator, not less than ten (10) calendar days prior to the planning and zoning commission hearing and again not less than ten (10) calendar days prior to the city council hearing. For comprehensive plan land use map amendments and/or zoning ordinance map amendments consisting of changes to more than ten (10) parcels of land posted notice shall not be required unless all parcels under request for amendment are contiguous and if the parcels abut a public right of way. In such cases a minimum of one (1) four foot by eight foot (4' x 8') plywood sign shall be placed adjacent to the right of way. Otherwise, three (3) notices in the official newspaper or paper of general circulation, with the third notice appearing a minimum of ten (10) calendar days prior to the public hearing, shall be published. Posted notice shall not be required for City initiated applications. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:

   1.   Signage Requirements:

      a.   The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four by four (4 x 4) posts in such a manner that it is perpendicular to the roadway along which the sign is posted.

      b.   Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Public Notice". In addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below:

         c.   Size Of Signs for Conditional Use Permits Made Pursuant to Subsections 8-3-2 (E), 8-5-2 (C), and 8-7-3-1 (C): In lieu of the conditions required within this section the Zoning Administrator may, upon finding that adequate notice will be provided, permit the use of smaller, weather-resistant sign(s) to inform the public of the name of the applicant, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered.

      2.   Location Of Signs: The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right-of-way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right-of-way must be obtained and the sign(s) located therein. In the event that the land being considered includes properties with five hundred feet (500') or more of road frontage, a sign shall be placed on each end of the property roadway frontage. If the property includes a corner lot, three (3) signs shall be posted, one on the corner and one near each end of the property roadway frontages.

      3.   Upon finding that adequate notice will be provided, the Zoning Administrator may waive the size and location requirements of subsection E(1) and E(2) of this section.

      4.   Certification: The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled.

      5.   Sign Removal; Penalty: No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed. A penalty of twenty five dollars ($25.00) per day shall be imposed against each applicant for late removal of the signs. (Ord. 312A, 2-10-1998; amd. Ord. 503, 1-11-2005; Ord. 699, 5-28-2013; Ord. 809, 4-9-2019; Ord. 820, 12-10-2019; Ord. 827, 10-22-2020; Ord. 888, 11-9-2022; Ord. 907, 3-26-2024)

   A.   Complaints Regarding Violations: Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Administrator. The Administrator shall properly record such complaint, immediately investigate and take action thereon as provided by this title. (Ord. 270, 5-29-1996)

   B.   Penalties: The City Attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows:

Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor and be punishable as provided in section 1-4-1 of this Code. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 809, 4-9-2019)

Any application subject to this code for which the applicant does not provide the required submittal information as specified in writing by the Zoning Administrator shall be deemed null and void 60 days after the request is made by the city if the information is not provided. This deadline may be extended at the discretion of the Zoning Administrator if it is determined that the applicant is making a good faith effort to produce the requested information. Once deemed null and void, the application fees shall not be refundable and a new application and new fees will be required. (Ord. 858, 10-26-2021)