A.   City Council: The council shall have the authority to set policy and legislation affecting land use and the administration of this title, including establishing application fees by resolution.

   B.   Planning And Zoning Commission: The commission shall be the designated planning agency for the city pursuant to Idaho Code section 67-6504 and section 9-13-3 of this title. The commission shall be responsible for making recommendations to the council on site specific permits and on land use legislation, comprehensive plan amendments, and other policy matters.

   C.   Summary Of Actions: The following table is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and the reference to the process under which the action shall be taken unless otherwise required by Idaho Code.

TABLE 1.1: AUTHORITIES AND PROCESSES

 

 

 

(Ord. 447, 3-5-2013)

   A.   Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this title unless otherwise required by Idaho Code.

   B.   Application Requirements:

      1.   All requests for permits and decisions in accordance with this title shall submit an application to the city on forms approved and provided by the city.

      2.   At a minimum, the application shall require the following information:

         a.   Name, address and contact information of the applicant and the applicant's representative;

         b.   Proof of current ownership in the property which is subject of the application or signed letter of authorization from the property owner for making application;

         c.   Legal description of the property; and

         d.   Statement of project intent for making the application.

      3.   Some requests for permits and decisions shall require additional application information as determined by the city.

      4.   The city may allow information to be submitted in an electronic format.

      5.   All applications shall be accompanied by a deposit for anticipated costs and a nonrefundable filing fee in the amount established by resolution.

   C.   Determination Of Completeness:

      1.   An application shall contain all information deemed necessary by the city to determine if the proposal will comply with the applicable requirements of this title.

      2.   Within thirty (30) days of receipt of an application, or such later time, but not to exceed sixty (60) days, as reasonably appropriate consistent with staff or consultants workloads, the city shall certify the application as complete for review or require additional information be submitted.

      3.   After the application is certified as complete, the council, commission, or city may require applicants to submit additional information or documentation.

      4.   No further action shall be taken on the application until such additional information or documentation has been submitted. If the additional information is not submitted within thirty (30) days for the city's request, or the date mutually agreed upon by the applicant and the city, the application will be returned to the applicant.

      5.   The city shall issue a notice of application acceptance and completion either by letter to the applicant or by public notice of the pending public hearing or action on the application.

      6.   The city shall begin processing the application once the application is deemed complete. (Ord. 447, 3-5-2013)

   A.   Purpose: The purpose of this section is to outline the specific application process for actions that require a public hearing unless otherwise required by Idaho Code.

   B.   Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements, as set forth in table 3.1 of this section, and the following relevant procedures:

      1.   Radius Notice: For applications that require radius notice:

         a.   Application Submittals: Application submittals shall include a public notice describing the proposal on a form provided, and stamped, addressed envelopes to all property owners required to be notified of the public hearing.

         b.   Public Notice Sent: At least fifteen (15) days prior to the public hearing, the city shall send the public notice of the time, place and description of the application by first class mail to the property owners required to be notified of the public hearing.

         c.   Vacation And Minor Subdivision Requests: In the case of vacation and minor subdivision requests, radius notice shall be sent by certified mail.

         d.   Alternate Mailing Notice: When mailed notice is required to two hundred (200) or more property owners, alternate notice may be provided by a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper at least fifteen (15) days prior to the hearing date and posting of notice on all external boundaries of the site.

         e.   Property Owners Within Three Hundred Feet: When mailed notice is required to property owners or purchasers of record within three hundred feet (300') as set forth in table 3.1 of this section, notice shall also be provided to property owners or purchasers of record within the land being considered and for any additional area that may be substantially impacted by the proposal.

         f.   Adjacent Property Owners: When mailed notice is required to adjacent property owners or purchasers of record as set forth in table 3.1 of this section, notice shall also be provided to property owners or purchasers of record within the land being considered and for any additional area that may be substantially impacted by the proposal.

      2.   Publication: For applications that require publication, the city shall provide a public notice of the time, place, and description of the application in the official newspaper of general circulation at least fifteen (15) days prior to the public hearing except as provided below.

         a.   Vacation Requests: Legal notice shall be published once a week for two (2) successive weeks, the last of which shall not be less than seven (7) days prior to the public hearing.

         b.   Comprehensive Plan Amendment: If the commission recommends a material change to the plan after the public hearing, the public notice for the council hearing shall include the commission's recommendation.

      3.   Posting On Site: For applications that require posting on site, a public notice shall be posted by the city on all external boundaries of the site for which the permit is sought. The notice shall be posted not less than seven (7) days prior to the public hearing.

      4.   Agency Notification: For applications that require agency notice, at least fifteen (15) days prior to the public hearing, the city shall give notice to all political subdivisions providing services, including the school district. The city may transmit the notice, application and other documents submitted for review and recommendations to departments and other agencies and community organizations as adopted by the commission resolution.

TABLE 3.1: PUBLIC NOTICE REQUIREMENTS

 

   C.   Planning And Zoning Commission Public Hearing:

      1.   Hearing Date: Within sixty (60) days of receipt of an application certified as complete, or as reasonably appropriate consistent with staff or consultant workloads, the commission public hearing shall be conducted. Notwithstanding such certification, the commission may extend the time provided for review and action by making a finding that additional materials and/or information are required due to the complexity of the application or for other reasons deemed appropriate.

      2.   Public Hearing:

         a.   The commission shall hear all persons interested in an application at the duly noticed public hearing.

         b.   Written statements, mailed or hand delivered to city hall during or in advance of the public hearing, shall be entered into the record of the hearing.

         c.   The applicant shall offer competent evidence in support of the application sufficient to enable the commission to consider the matter and to make findings on the subject.

         d.   The applicant has the burden of providing all necessary and relevant information and evidence in support of the application.

      3.   Commission Action:

         a.   After hearing the evidence and considering the application, the commission shall make its decision or recommendation.

         b.   The commission shall report the facts upon which it based its conclusion, the ordinances and standards used in evaluating the application, the actions, if any, that the applicant could take to obtain approval, and make a decision or recommendation of approval or disapproval.

         c.   The commission shall make its findings and decision or recommendations within thirty (30) days from the closing of the public hearing, unless the commission determines that additional time is required to properly evaluate the application.

      4.   Commission Transmittal: Upon the recommendations of approval or disapproval by the commission, the application, together with a complete copy of the commission's findings and decision or recommendations, shall be transmitted to the council.

   D.   Council Action:

      1.   Public Hearing: Within thirty (30) days of receipt of the commission recommendations, or as reasonably appropriate consistent with staff or consultant workloads, the city shall decide whether or not they will hold a public hearing.

         a.   A public hearing by the council is required for comprehensive plan amendments and annexation proceedings if the commission recommends a material change to the plan or annexation proposal after the public hearing and does not hold a second public hearing or if the council makes a material change in the recommendation or alternative options contained in the recommendation by the commission.

         b.   A public hearing by the council is required if any person having an interest in real property which may be affected by a special use permit or variance permit may, at any time prior to final action by council, requests in writing that a public hearing be held by council.

         c.   In all other cases, the decision to hold a public hearing is at the discretion of council.

         d.   Unless otherwise required by the local land use planning act, Idaho Code section 67-6501 et seq., the public notice shall be made and the hearing conducted in the same manner as before the commission.

      2.   Council Decision: Upon conclusion of its review, the council shall take action on the application and adopt its findings of fact and conclusions at the next regular scheduled meeting unless the council determines that additional time is required to properly evaluate the application.

         a.   In its decision, the council shall base its findings upon record and report of the commission and, if taken, testimony presented before it.

         b.   The council may adopt, modify with conditions, or reject the recommendations of the commission; or remand the application to the commission for additional proceedings and findings.

         c.   The council findings of fact and conclusions shall specify the ordinance and standards used in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval.

         d.   Written notice of the council's action shall be provided to the applicant within ten (10) days of adoption of the findings of fact and conclusions. (Ord. 447, 3-5-2013)

   A.   Expiration: Approval of any application for annexation, variance, subdivision or vacation shall expire one year from the date of approval unless:

      1.   The permitted activity is initiated on the site within one year of approval,

      2.   A deed or other documents are filed with the county recorder's office finalizing the approved activity, or

      3.   By condition of approval or development agreement, a time period for completion of the application has been specified.

   B.   Expiration Date: The expiration date of the approval shall be stated on the face of the permit or in the findings of fact and conclusions prepared by the council.

   C.   Extension: An extension may be granted by the city council upon finding that the application and/or applicable city regulations have not changed. Such extension must be applied for in writing before the expiration date for the original approval. (Ord. 447, 3-5-2013)