Certain types of permitted uses, identified in chapters 3 through 7 of this title, require administrative approval by the community development director or an appointed representative. Applications for administrative approval shall be processed in accordance with the provisions of this chapter.

   (A)   Basis For Approval: The community development director shall approve or deny applications for administrative approval within thirty (30) working days after receipt of a completed application. Approval may be made contingent upon such conditions as are reasonably necessary to secure the public welfare. The community development director may require guarantees to assure removal of temporary uses and of any debris or refuse resultant therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal. In approving an application for administrative review, the director’s decision shall be based on the following criteria:

      1.   Applicable provisions of this title and title IX of this code are met.

      2.   Adequate public facilities and services may be provided.

      3.   No adverse impact to adjoining property will result from the land use application, or that conditions of approval can mitigate such impacts.

   (B)   Resubmittal Of Application: Any administrative application denied by the community development director shall not be resubmitted in either the same or substantially the same form in less than one year from the date of final action thereon.

   (C)   Permittee Obligations: Unless otherwise stated, the term of an administrative approval shall not exceed eighteen (18) months. Within this period, the holder of the permit must:

      1.   Acquire construction permits and commence placement of permanent structures on or in the ground; or

      2.   Commence the use permitted by the administrative approval in accordance with the conditions of approval. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord. 1009, 10-6-2022)

Upon violation of any of the conditions or terms of the administrative approval issued pursuant to this chapter, the community development director may cause the approval to be revoked. (Ord. 821, 2-23-2006, eff. 3-16-2006)

An administrative approval shall lapse and become void whenever the building permit or license either lapses or is revoked, or whenever the use or occupancy specified has ceased to exist, or has been suspended for one hundred eighty (180) calendar days or longer. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Appeals of administrative approvals, denials, revocations or any other administrative actions shall be processed in accordance with the requirements of chapter 15, "Procedures, Appeals And Action", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   Duties Of Commission: The commission will set the date for and hold a public hearing and subsequently make recommendations to the council for approval or denial of the request in accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Actions", of this title. The power to grant variances does not extend to use regulations.

   (B)   Limitation On Granting: Variances shall not be granted on the grounds of convenience or profit, and hardships created by a former or present owner of the property will not justify a variance.

   (C)   Modification Of Requirements: A variance may be granted modifying the requirements of this title respecting: lot width; lot depth; front, side, and rear yard setbacks; lot coverage; parking space; height of buildings; or other ordinance provisions affecting the size or shape of a structure or the placement of the structure upon lots, or the size or shape of lots. A variance may not be used to authorize a land use not otherwise allowed in the applicable zone or to increase the density of development beyond that which is authorized in the comprehensive plan.

   (D)   Granting Variances Authorized: The commission may grant variances to the regulations prescribed by this title, and title IX of this code, in accordance with the procedures prescribed in this chapter, with respect to any property development standard, performance standard, sign, accessory structure, wall or fence.

   (E)   Varying Only To Extent Necessary: In the event that a variance is granted, the restricting zoning regulation(s) shall be varied only to the extent necessary to relieve the applicant of the immediate hardship; the existence of hardship does not confer upon the applicant a right to a variance where the function of the proposed construction can be made to conform to the requirements of this title.

   (F)   Imposing Conditions: In granting any variance, the commission may prescribe appropriate conditions of approval in conformity with this title to reduce the impact of the variance. One such condition of approval shall be a stated date before which it must be exercised, or lapse. (Ord. 821, 2-23-2006, eff. 3-16-2006)

A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which supports conclusions that the standards and conditions have been met by the applicant. The commission may grant a variance only upon the following findings:

   (A)   Special physical conditions and circumstances applicable to the land, structure or building involved make a literal enforcement of the provisions of this title an undue hardship; provided, that:

      1.   Economic hardship alone is not to be considered as an undue hardship; and

      2.   The special conditions and circumstances are peculiar to the land, structure or building involved, and are not applicable to other lands, structures or buildings conforming to this title in the vicinity; and

      3.   That these special conditions and circumstances do not result from the actions of an owner of the land; provided, that for purposes of a variance as to the characteristics of a building, a subdivider who is not the applicant is not to be considered an owner for these purposes.

   (B)   Granting the variance would preserve for such property privileges enjoyed by other property in the vicinity; provided, that:

      1.   No nonconforming use of neighboring lands, structures or buildings in the same zone, and no use of lands, structures or buildings in other zones, shall be considered a privilege enjoyed by other property in the vicinity; and

      2.   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 zone, and affected by the same conditions and circumstances.

   (C)   Granting the variance would not be in conflict with the public interest and will not alter the essential character of the neighborhood or violate the comprehensive plan. (Ord. 821, 2-23-2006, eff. 3-16-2006)

To obtain a variance, an applicant shall follow the procedures in chapter 15 of this title and submit a written application for a variance to the commission containing:

   (A)   Description of the nature of the variance requested.

   (B)   A narrative statement demonstrating with specificity that the requested variance meets each and every standard set out in section 3.13.021 of this chapter.

   (C)   Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution.

   (D)   A list of all affected property owners within three hundred feet (300') of the subject parcel must accompany the application.

   (E)   If the variance is sought by reason of surveyable conditions, a survey of the lands in question by a registered professional surveyor showing that the conditions exist. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   Variances granted prior to March 16, 2006, shall lapse in accordance with the terms and conditions of their approval. A variance for a structure, granted prior to March 16, 2006, the conditions of approval of which had no stated date before which it must be exercised or lapse, shall lapse only when and if:

      1.   The variance has not been exercised and the applicant has not changed position in reliance on the same; and

      2.   The variance related to construction of a structure at a time stated by the applicant, proof of that statement is in the record of the application, and one and one-half (1.5) times the period between the date of approval of the variance and the time stated by the applicant has passed without an application for a building permit having been submitted, and without further application to the commission.

   (B)   Variances granted after March 16, 2006, shall be exercised within twelve (12) calendar months of the date of city council approval of the variance, unless otherwise provided in the conditions of approval. An unutilized variance expires after such time has passed. This time limit shall not be extended. In the event the permit lapses, the applicant must make a new application for the permit. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Violation of the conditions of approval of a variance is a violation of this title subject to civil and criminal sanctions. The council may, further, upon the recommendation of the commission containing findings of fact that the conditions of approval are being chronically violated, and in accordance with the provisions for notice and hearing set forth in chapter 15 of this title, revoke a variance or modify the conditions of its approval. (Ord. 821, 2-23-2006, eff. 3-16-2006)

The commission may require an environmental assessment to be submitted prior to the issuance of any variance permit when there is an operation, material or activity which constitutes a potential threat to public health, safety and welfare or to the quality of the environment. When requiring such an assessment the precise nature of the items to be analyzed in the environmental assessment shall be indicated. The commission may require that the assessment be over the signature and stamp (where applicable) of one or more individuals or firms with demonstrated professional competence to make such an assessment. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   Recordation Of Variances: No variance shall be in effect until the city records in the office of the Valley County recorder a notice of decision, findings of fact and conclusions of law of the council. Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution.

   (B)   Funds Provided By Applicant: The applicant shall provide the necessary funds to the city to pay all fees charged by the recorder and a reasonable processing fee set by resolution of the council. (Ord. 821, 2-23-2006, eff. 3-16-2006)

In the various zones, certain uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, these uses require special consideration so that they may be located properly with respect to the objectives of this title (and title IX of this code) and with respect to their effects on surrounding properties. In order to achieve these purposes, the commission is empowered to grant or deny applications for conditional use permits as are prescribed in this chapter and to impose reasonable conditions upon the granting of such permits.

   (A)   Public Hearing: The commission will set the date for and hold a public hearing and subsequently make recommendations to the council for approval or denial of the request in accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Action", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (B)   Findings For Granting Permit: A conditional use permit shall be granted only if the commission finds that the use, as applied for, in fact will:

      1.   Constitute a conditional use authorized in the zone involved.

      2.   Be harmonious with and in accord with the general objectives and with any specific objectives of the comprehensive plan and/or this title.

      3.   Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that such use will not change the essential character of the surrounding area.

      4.   Not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use.

      5.   Not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction.

      6.   Not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community.

      7.   Be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The applicant may be required, as a condition of approval, to mitigate any deficient public service.

      8.   Not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution.

      9.   Have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public or private thoroughfares, or adversely affect the pedestrian environment.

      10.   Not result in the destruction, loss or damage of an important natural, scenic or historic feature.

      11.   Be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable.

      12.   Have a minimal negative economic impact on the neighborhood or surrounding community. (Ord. 864, 2-12-2009)

   (C)   Required Conditions: The commission may, after review of the application for a conditional use permit and public hearing, require the applicant to meet any specific conditions of approval deemed necessary by the commission to protect the health, safety, general welfare and environment of the community. Such conditions are not limited to, but may include:

      1.   Limitations on the hours of operation of the use;

      2.   Limitations on the length of time that the conditional use permit may be exercised before it will expire by its own terms;

      3.   Additional landscaping and building beautification;

      4.   Additional or reduced off street parking or transportation improvements; and/or

      5.   Execution of a written agreement respecting construction of necessary improvements similar in form and content to a subdivision agreement, with its performance secured in the same fashion as performance of a subdivision agreement.

   (D)   Imposing More Restrictive Standards: Upon recommending approval of a conditional use permit, the commission may impose more restrictive standards than those generally required. (Ord. 821, 2-23-2006, eff. 3-16-2006)

A conditional use for a camp may be approved only if the commission finds that the use, as applied for:

   (A)   Meets the general standards in section 3.13.03 of this chapter; and

   (B)   Will not have a permanent negative impact on those items listed below substantially greater than that anticipated from permitted development:

      1.   Pedestrian and vehicular traffic circulation and safety;

      2.   The demand for and availability of public services and facilities;

      3.   Disruption of enjoyment of neighboring properties by excessive noise;

      4.   Environmental pollution or contamination to air and water resources; or

      5.   The maintenance of compatible and efficient development patterns and land use intensities. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   All Uses: To obtain a conditional use permit for all conditional uses other than camps, an applicant shall follow the procedures in chapter 15 of this title and submit a written application for a conditional use permit to the commission containing:

      1.   Name and address of the applicant.

      2.   Legal description and address of the property.

      3.   A plan of the proposed development, prepared over the signature and stamp (where applicable) of one or more individuals or firms with demonstrated professional competence appropriate to the proposed use, including:

         (a)   A plot plan of the property, drawn to scale, to include the type and location of all existing buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed, the height of proposed buildings, methods of illumination for signs, and other information as required by the administrator. Screening, landscaping and irrigation plans shall be included in the plans.

         (b)   Relationship of proposed development use to the use indicated in the comprehensive plan;

         (c)   The relationship of the property to the surrounding area;

         (d)   The plan of subdivision or resubdivision, if any, drawn to scale;

         (e)   Land uses, building location and number of dwelling units;

         (f)   The arrangement of streets, utilities, and other easements and pedestrianways, drawn to scale;

         (g)   The location of off street parking spaces and loading or service areas, drawn to scale;

         (h)   The location of public or communal open space, drawn to scale;

         (i)   Plans for site grading and preservation of existing vegetation;

         (j)   Plans for water supply, sewage disposal, stormwater drainage and snow storage; and

         (k)   A plan for exterior lighting as required by chapter 14, "Outdoor Lighting", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)

         (l)   Digital data as required by the digital data submittal standards policy. (Ord. 899, 5-24-2012)

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

      5.   Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a conditional use permit.

      6.   Statement that the applicant is the owner or the authorized agent of the property on which the use is proposed to be located.

      7.   Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution.

   (B)   Camps: The application for a conditional use for a camp shall include the following materials and information, in lieu of those set out in subsection (A) of this section:

      1.   Legal description of the property.

      2.   A plan of the proposed development, including:

         (a)   The location within the parcel of the activity areas, and, with respect to each such area:

            (1)   The activities to occur in it, and the approximate hours during which such activities are projected to occur. "Activity", for these purposes, means any human activity or conduct during operation of the camp.

            (2)   The total amount of building floor area, if any, of the fixed facilities (classrooms, chapels, dining halls, health facilities, offices, commissary and shop buildings, shower and sanitary buildings, etc.) to be included within it, and what those facilities are; if such facilities will be visible from lands exterior to the parcel, either the design of such facilities is to be included in the application, or the application shall consent to mandatory design review for approval at such later time as design is accomplished, and prior to the issuance of any building permit for the same.

            (3)   The total number of projected occupants in each activity area at any one time.

            (4)   Sanitary facilities, including showers and toilets; where interior to a fixed facility, so indicate and show the number of each.

         (b)   Principal drainage systems or drainage requirements.

         (c)   Circulation elements; the arrangement of streets, utilities, and other easements and pedestrianways.

         (d)   Open space, and maintenance of open space.

         (e)   Such other items as may be planned, whether or not described in this section.

         (f)   Relationship of proposed use to the use indicated in the comprehensive plan.

         (g)   The relationship of the property to the surrounding area; and proposed rules for the setback of activity area perimeters and fixed facilities from the exterior boundary of the parcel.

         (h)   The location of off street parking spaces and loading or service areas.

         (i)   Plans for site grading and landscaping of areas visible from public roads.

         (j)   Plans for water supply, sewage disposal, stormwater drainage and snow storage; if use of public facilities such as water or sewer is anticipated, the estimate volume of consumption or discharge, as the case may be, on peak days and at peak hours.

         (k)   The peak number of persons projected to be on the parcel at any one time, and the average daily population, if different.

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

      4.   A narrative statement describing the activities of the camp. (Ord. 821, 2-23-2006, eff. 3-16-2006)

      5.   The applicant shall provide the data as required by the digital data submittal standards policy.

      6.   A statement that no activity will be carried on where the generation of profit is a principal purpose; thus, a camp approved as a conditional use is not permitted to operate a de facto motel or tourist facility; nothing in this subsection is intended to limit a camp in operating a trading post for the sale of snacks, personal use items, uniforms, equipment, and the like, to campers.

      7.   Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution. (Ord. 899, 5-24-2012)

The commission may require an environmental assessment to be submitted prior to the issuance of any conditional use permit when there is an operation, material or activity which constitutes a potential threat to public health, safety and welfare or to the quality of the environment. When requiring such an assessment, the commission shall identify the items that shall be assessed. The commission may require that the assessment include the signature and stamp (where applicable) of one or more individuals or firms with demonstrated professional competence to make such an assessment. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   Conditional use permits granted prior to March 16, 2006, shall expire in accordance with the terms and conditions of their approval. A conditional use granted prior to March 16, 2006, the conditions of approval of which had no stated date before which it must be exercised or expire, shall expire only when and if:

      1.   The conditional use has not been exercised and the applicant has not materially changed position in reliance on the same; and

      2.   The conditional use related to commencement of a use at a time stated by the applicant, proof of that statement is in the record of the application, and one and one-half (1.5) times the time between the date of approval of the conditional use and the time stated by the applicant has passed without further application to the commission.

   (B)   Conditional use permits granted after March 16, 2006, shall be conditioned upon exercise within twelve (12) calendar months of the date of city council approval, unless the council finds that it is unreasonable to impose that short a time limit and imposes a longer, also specific time limit. An unutilized conditional use permit shall automatically expire after such time has passed. The time limit shall not be extended by amendment of existing conditions of approval. A continuation of a conditional use beyond the stated expiration date may only be permitted upon an application by the applicant according to the substance and procedure for a new conditional use. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   A conditional use permit shall be in effect when the city records in the office of the Valley County recorder the findings and conclusions of law adopted by the council.

   (B)   The applicant shall provide the necessary funds to the city to pay all fees charged by the recorder and a processing fee set by resolution of the council. (Ord. 821, 2-23-2006, eff. 3-16-2006)

(Rep. by Ord. 1011, 9-8-2022)

Amendments to this title may be initiated in one of the following ways:

   (A)   By adoption of a motion by the commission.

   (B)   By adoption of a motion by the council.

   (C)   By an application by persons or entities filed with the administrator.

   (D)   All applications will come to the commission for action, and then proceed for final council action. Final approval of amendments will require the concurrence of both the commission and the council. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Amendments to the zoning map may be initiated by the council, by the commission, or by persons or entities that have an existing majority interest by area in the property proposed to be rezoned by the amendment. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   An application shall be filed in triplicate.

   (B)   The applicant may be required to submit an environmental assessment prior to approval of a zoning map change, when in the judgment of the commission the change would permit operations, materials, or activities which would constitute a potential threat to public health, safety and welfare or to the quality of the environment. When requiring such an assessment, the precise nature of the items to be included in the environmental assessment shall be indicated. The commission may require that the assessment be over the signature and stamp (where applicable) of one or more individuals or firms with demonstrated professional competence to make such an assessment.

   (C)   Upon receipt of a request for amendment to the zoning ordinance, or for amendments of the zoning map, the commission shall:

      1.   Determine if the proposed change would also require an amendment to the comprehensive plan. The legal notice for public hearing may include notice for the proposed changes to both the comprehensive plan and the zoning ordinance.

      2.   Set the date for and hold a public hearing and subsequently make recommendations to the council for approval or denial of the request in accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Actions", of this title. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Applications for amendments to the zoning ordinance shall include the following information:

   (A)   Name, address and telephone number of applicant.

   (B)   Proposed amending ordinance approved as to form by the city attorney.

   (C)   Listing of reasons and justification for the proposed amendment.

   (D)   A statement how the proposed changes relate to the comprehensive plan.

   (E)   Such further information shall be submitted as the commission, upon examination of the application, may require.

   (F)   Fees shall be paid by the applicant at the time of filing an application which shall include application/filing fees, publication fees and postage. Fees shall be in accordance with a fee schedule established periodically by the council by resolution. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Applications for amendments to the zoning map and/or comprehensive plan shall contain at least the following information:

   (A)   Name, address and telephone number of applicant.

   (B)   Proposed amending ordinance and map, approved as to form by the city attorney.

   (C)   Present land use.

   (D)   Present zoning classification.

   (E)   Proposed use by reason for which map amendment is sought.

   (F)   Proposed zoning classification.

   (G)   A vicinity map at a scale to sufficiently illustrate the property in question and surrounding properties, road and geographical features and including the following:

      1.   North arrow.

      2.   Scale.

      3.   Names of adjacent property owners on the respective parcels.

      4.   Existing and proposed zoning.

      5.   Other information as the commission may require.

   (H)   A list of all property owners and their mailing addresses, owning property any part of which is within, or within three hundred feet (300') of, the external boundaries of the land being considered, according to the Valley County assessor.

   (I)   A statement how the proposed changes relate to the comprehensive plan, availability of public facilities and compatibility with the surrounding area.

   (J)   An environmental assessment, in the event requested by the commission, complying with section 3.13.033 of this chapter.

   (K)   Fees shall be paid by the applicant at the time of filing an application. Fees shall be in accordance with a fee schedule established periodically by the council by resolution.

   (L)   Such further information shall be submitted as the commission, upon examination of the application, may require. (Ord. 821, 2-23-2006, eff. 3-16-2006)

A zoning map amendment that has been denied by the council shall not be resubmitted in either substantially the same form or with reference to substantially the same premises within a period of one year from the denial, unless there is an amendment to the comprehensive plan which results in a change in conditions applying to the specific property under consideration. (Ord. 821, 2-23-2006, eff. 3-16-2006)

Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission respecting the potential zoning of the unincorporated area. Both the commission and the council shall follow the notice and hearing procedures provided in Idaho Code section 67-6509 for hearing the issue of zoning upon annexation. Concurrently, or immediately following the adoption of annexation, the council shall amend as necessary the comprehensive plan and zoning map. (Ord. 821, 2-23-2006, eff. 3-16-2006)

A rezoning may be made upon the condition that the applicant and the property owner, if a different person, make one or more written commitments concerning the use or development of the subject parcel, as follows:

   (A)   Subject to the remainder of this section, a zoning map amendment may include and be subject to a written development agreement setting out commitments by the applicant and the owner of the property that restrict structures, or the use of land or structures, to a greater degree than otherwise provided for within a zone affected by the amendment.

   (B)   A written development agreement may include commitments for one or more of the following purposes:

      1.   To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;

      2.   To conform the zoning map amendment to the comprehensive plan;

      3.   To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood;

      4.   To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services; or

      5.   To narrow the permitted uses in the zone to the end that what is permitted to occur is that which is represented by the applicant to be the purpose of the amendment.

   (C)   A development agreement shall set out commitments to do one or more of the following:

      1.   Limit residential density; or prohibit structures, or uses of land or structures, otherwise permitted in a zone;

      2.   Require compliance with a site plan and/or design standards for structures and other site features;

      3.   Require compliance with a site plan approved by the council either in conjunction with the rezoning or under the procedures for a conditional use;

      4.   Require the construction and installation of improvements, including public improvements; or

      5.   Impose time limits for taking subsequent development actions.

   (D)   A zoning action subject to a development agreement shall be identified on the zoning map by the suffix "DA", and the number of the ordinance applying the development agreement.

   (E)   Where a commitment in a development agreement conflicts with any less restrictive provision of this title, the commitment governs.

   (F)   The development agreement may be suggested by the applicant as part of the application for the zoning map amendment, or may be suggested by the commission or council. A development agreement may not be imposed without the consent of both the owner of the property and the council. The negotiation of a development agreement, and its signature by the applicant and the owner, does not commit the council to the adoption of the zoning map amendment; a zoning map amendment subject to a development agreement, in turn, shall not be effective until such time as all parties have signed the development agreement, and a notice of development agreement has been recorded.

   (G)   The development agreement shall take the form of a written contract between the owner, the applicant (if not the owner), and the city of McCall, setting out the commitments in a form satisfactory to the administrator and the city attorney.

   (H)   The applicant shall provide the necessary funds to the city to pay all costs of preparing the development agreement, and a reasonable processing fee set by resolution of the council.

   (I)   A development agreement may be modified, or terminated, only in accord with notice and hearing according to the procedures for a conditional use.

   (J)   A breach of a development agreement by the owner or occupant of the affected land is a violation of this title.

   (K)   A development agreement shall terminate, and the zoning map amendment of which it is a part shall be reversed, upon the expiration of a therein stated time during which the rezoning was to have been exercised in accord with the development agreement, without such an exercise having been made. Such a nonexercise, or a failure by the owner to meet conditions in the development agreement, is, by the Idaho Code, consent of the owner to a rezone of the subject parcel to the zone in which it was classified prior to the zoning map amendment which gave rise to the development agreement. In the event of such a rezone, nothing located or done on the subject parcel shall thereby be deemed a nonconforming use or structure (as opposed to an illegal use or structure), unless it was a nonconforming use or structure prior to the zoning map amendment which gave rise to the development agreement.

   (L)   When executed, a notice of decision, findings of fact and conclusions of law of the council shall be recorded at the applicant's expense in the office of the recorder for Valley County. (Ord. 821, 2-23-2006, eff. 3-16-2006)

A community impact review, when required by the commission or the council, will be prepared by an independent expert chosen by the city, with the costs of the assessment being paid by the applicant. The review will include those of the following potential impacts to the city as applicable to the specific project and as selected by the commission or the council. To be included in the review are projected costs or benefits to the city as well as other impacts.

   (A)   The projected costs arising from the demand for (including staff resources) and required improvements to public services and infrastructure, including streets;

   (B)   The value of improvements to public services and facilities to be provided by the project;

   (C)   The projected tax increase or loss in revenues to be generated by the project;

   (D)   The projected impact on property values in the community (especially those located in the NC, CC, CBD, and CV zones);

   (E)   The projected net job loss or creation caused by the project;

   (F)   An estimate of how much revenue generated by the project will be retained and redirected back into the economy of the city;

   (G)   An estimate of the impact on other local public agencies (fire department, public schools, hospital, etc.); and

   (H)   An estimate of the impact to any community housing program then in place. The review will be accompanied by a statement of proposed mitigation for each reported impact as applicable. (Ord. 821, 2-23-2006, eff. 3-16-2006)

   (A)   Purposes: The purposes of these requirements for a Short-Term Rental Dwelling are:

      1.   To ensure that the use of Short-Term Rental Dwellings have no greater impacts than would be created by long-term residential occupancy of the Dwelling;

      2.   To protect the health, safety and general welfare of occupants of Short-Term Rental Dwellings and the surrounding property owners through an inspection of Short-Term Rental Dwelling structures in compliance with MCC Title 2 and the applicable codes referenced therein; and

      3.   To protect the rights of property owners adjacent to Short-Term Rental Dwellings to a quiet, safe and neighborly environment free from nuisances that would not exist or would be less intensive but for the use of a Dwelling as a Short-Term Rental.

   (B)   Permit Required: Prior to advertising or operating a Dwelling as a Short-Term Rental, any property owner or property manager who leases, rents or otherwise makes available for compensation a Short-Term Rental Dwelling, such property owner or manager must first obtain a Short-Term Rental Permit pursuant to MCC Title 4.

   (C)   Standards: All Dwelling Short-Term Rentals shall comply with the following requirements:

      1.   Access: Owners shall maintain access to the property and structures that is safe and free from obstructions for pedestrians and vehicles and shall be adequately sized and designed so that access to other properties is not impacted nor are unsafe conditions on public streets created contrary to the standards adopted by the McCall Fire District and the City Council.

      2.   Parking: All parking for the unit is contained on the site, not more than one (1) parking space per bedroom is provided, all trailers and vehicles shall be parked on an improved surfaced area and shall not allow parking on the public right-of way.

      3.   Occupancy: Short-Term Rentals shall contain no more than two (2) persons per bedroom, plus two additional persons, as identified in the Short-Term Rental Permit application and as defined by McCall City Code Section 3.2.02. Total maximum occupancy of the Short-Term Rental shall not exceed ten (10) persons without the issuance of a conditional use permit pursuant to MCC 3.13.03.

      4.   Noise: Loud music, outdoor activities or any other source of noise that can be heard beyond the perimeter of the Short-Term Rental premises shall not be generated between the hours of 10:00 p.m. and 8:00 a.m. the following day.

      5.   Health and Safety Inspection: Protection of the health and safety of occupants of a Short-Term Rental Dwelling and surrounding property owners shall be ensured through an inspection and approval of the Short-Term Rental Dwelling by the Fire Code Official for the McCall Fire Protection District prior to the issuance of a business license pursuant to MCC Title 4, Chapter 2. Such inspection shall be subject to a fire, health and safety checklist developed by the Fire Code Official and approved from time-to-time by resolution of the City Council.

      6.   Posted Notice: A written notice shall be posted in a conspicuous location within the unit that describes restrictions on use of the unit. Such notice shall include, but is not limited to the structure’s maximum occupancy, parking requirements, solid waste and fireplace ash disposal, quiet hours, noise restrictions, and restrictions on outdoor activity. A written notice shall also be posted detailing the emergency exiting plan approved by the Fire Code Official, Short-Term Rental business permit number, and the name and phone number of Local Contact Person and property owner.

      7.   Events: No Events shall be located at a Short-Term Rental without first obtaining a conditional use permit.

      8.   Accessory Dwelling Unit: If the Short-Term Rental is located on a parcel that contains an accessory dwelling unit and a primary residence, then one of the dwellings must be owner occupied or a local housing, non-Short-Term Rental, dwelling unit.

      9.   Exterior Changes: No exterior changes shall be made to the structures or site conditions at a Short-Term Rental that would eliminate its appearance or use as a Dwelling Unit for long term residency.

   (D)   Application Process: An application for a Short-Term Rental business license shall be submitted to the City in compliance with the procedures set forth in Title 4.

   (E)   Compliance:

      1.    All Owners wishing to operate a Short-Term Rental must be in immediate compliance with the provisions of this Section as well as the provisions of Title 4 applicable to Short-Term Rentals as follows:

         a.   All Owners of Short-Term Rentals may continue to operate under existing business licenses through December 31, 2022.

         b.   Owners of existing Short-Term Rentals wishing to operate in 2023 or at any time thereafter must submit an application for a Short-Term Rental Permit to the City according to the provisions of Title 4.

         c.   Any Owner shall submit an application for a Short-Term Rental Permit after October 1, 2022 and must be in general compliance with all the Short-Term Rental regulations in this chapter and Title 4 by January 1, 2024. All permits will expire on December 31 of each year and must be renewed annually.

   (F)   Enforcement of the requirements set forth in this section shall follow the enforcement provisions of MCC Title 4. (Ord. 1011, 9-8-2022)