Minidoka City Zoning Code
CHAPTER 3
ADMINISTRATION AND ENFORCEMENT
8-3-1: ADMINISTRATION OF TITLE:
For the purpose of carrying out the provisions of this title, an administrator and commission are hereby created. (Ord. 2016-09-13-J, 9-13-2016)
8-3-2: ADMINISTRATOR:
A. Appointment: The board of county commissioners shall appoint an administrator to administer this title. The administrator may be provided with the assistance of such other persons as the board may direct.
B. Duties: For the purpose of this title, the administrator shall have the following duties:
1. Advise interested person(s) of the zoning ordinance provisions;
2. Notify the news media and/or the newspaper of record regarding matters of public interest;
3. Aid applicants in the preparation and expedition of required application;
4. Issue zoning permits, provide required notifications and such similar administrative duties;
5. Investigate all violations of this title and notify in writing the persons or entities responsible for such violations, ordering the action necessary to correct such violations; and
6. Assist the planning and zoning commission and board of county commissioners in carrying out the provisions of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3-3: COMMISSION MEMBERSHIP:
A. Minidoka County Planning And Zoning Commission:
1. The commission shall consist of not less than seven (7) nor more than twelve (12) voting members all appointed by the county board of commissioners and confirmed by majority vote of the board. An appointed member of a commission must have resided in the county for two (2) years prior to his appointment, and must remain a resident of the county during his service on the commission.
2. Not more than one-third (1/3) of the members of the commission appointed by the chairman of the board of county commissioners may reside within any of the incorporated cities in the county. There shall be at least one member appointed from the corporate limits or areas of impact of each of the cities of Rupert, Heyburn and Paul.
B. Number Of Members; Terms Of Office: A separate ordinance establishing a planning and zoning commission to exercise the powers under this title shall set forth the number of members to be appointed. The term of office for members shall be not less than three (3) years. Members may be reappointed to additional terms as deemed necessary by the board of county commissioners.
C. Vacancies; Removals: Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Members may be removed for cause by a majority vote of the board.
D. Political Affiliation; Compensation: Members shall be selected without respect to political affiliation and may receive such mileage and per diem compensation as provided by the board. (Ord. 2016-09-13-J, 9-13-2016)
8-3-4: COMMISSION ORGANIZATION, RULES AND EXPENDITURES:
A. Organization: The commission shall elect a chairman and fill any other office that it may deem necessary. A commission may establish subcommittees, advisory committees, hearing examiners, or neighborhood groups to advise and assist in carrying out the responsibilities. A commission may appoint nonvoting ex officio advisors as may be deemed necessary.
B. Rules, Records And Meetings:
1. Written bylaws consistent with this title and other laws of the state for the transaction of business of the commission shall be adopted.
2. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public.
3. A majority of voting members of the commission shall constitute a quorum.
C. Expenditures And Staff: With approval of the board, the commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources, and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by a commission shall be within the amounts appropriated by the board. Within such limits, any commission is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants. (Ord. 2016-09-13-J, 9-13-2016)
8-3-5: DUTIES OF COMMISSION:
For the purpose of this title, the commission shall have the following duties:
A. May initiate proposed amendments to this title and conduct an annual review of the complete zoning ordinance;
B. Review all proposed amendments to this title and make recommendations to the board;
C. Review all planned unit developments and make recommendations to the board;
D. Grant special use permits as specified in the official schedule of district regulations, and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;
E. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator; and
F. Authorize such variances from the terms of this title; provided, that it must not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed. (Ord. 2016-09-13-J, 9-13-2016)
8-3-6: CONFLICT OF INTEREST:
A member or employee of the board or commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor. (Ord. 2016-09-13-J, 9-13-2016)
8-3-7: ZONING 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. A building permit once issued may serve as a zoning permit. (Ord. 2016-09-13-J, 9-13-2016)
8-3-8: CONTENTS OF APPLICATION:
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 be considered revoked if work has not begun within one hundred eighty (180) days from the date the permit was issued. At a minimum, the application shall contain the following information:
A. Name, address and phone number of applicant and name, address and phone number of owner if applicant is not the owner;
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 alterations;
G. Building heights;
H. Number of off street parking spaces or loading spaces;
I. Number of dwelling units;
J. Proposed sewer, water and electrical facilities; and
K. Such other matters as may be necessary to determine conformance with, and provision for, the enforcement of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3-9: PUBLIC NOTICE PROCEDURE; HEARINGS:
A. Hearing Notices:
1. Notice Required: In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, notice shall be given of any public hearing required by the provisions of this title.
2. Filing Of Application For Zoning Action: Applications for zoning actions that require a public hearing shall be filed with the planning and zoning secretary no less than thirty (30) days before the next regularly scheduled meeting.
3. Contents Of Notice: Notice of any public hearing which the board of county commissioners or planning and zoning commission is required to hold under the terms of this title shall specify the date, time, and place of hearing, and the matter to be presented at the hearing.
4. Publication Of Notice: The notice of public hearing shall be published in the official newspaper of general circulation in Minidoka County not less than fifteen (15) days before the date of hearing. (Ord. 2016-09-13-J, 9-13-2016)
5. Manner Of Serving Notice; Conditions: Notice of the public hearing shall be mailed not less than ten (10) days before the date of hearing by U.S. mail, first class postage prepaid, to all interested parties and every person listed by the county tax assessor as owning real property located within one-half (1/2) mile of any external boundary of the subject property as is described in the application. All CAFO notice requirements shall be one mile from external boundaries. Any subject property bordering a city's corporate boundary shall require notice to all interested parties and every person listed by the county tax assessor as owning real property within three hundred feet (300') inside the city's corporate boundary and any additional area that in the determination of the zoning administrator may be substantially impacted. The applicant shall prepare and file, with the planning and zoning secretary, at least five (5) days prior to the hearing, an affidavit of publication, posting and mailing indicating that the notice given is in compliance with this section. (Ord. 2016-09-13-J, 9-13-2016; amd. Ord. 2016-09-13-K, 9-13-2016)
6. Notice To Multiple Property Owners; Publication: When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of mailing notification, two (2) notices in the newspaper or paper of general circulation is sufficient; provided, that the second notice appears ten (10) days prior to the public hearing. If notice is given to fewer than two hundred (200) property owners or purchasers of record, notice shall be by regular first class mail with postage prepaid to the address shown on the rolls of the county tax collector at the time of mailing. An agent from the respective jurisdiction who mails the notices shall file a certificate with the commission secretary showing the date of mailing and listing the names and addresses to which the notice was sent. (Ord. 2016-09-13-K, 9-13-2016)
7. Posting Notice On Premises: Notice shall be posted on the premises by the applicant not less than ten (10) days prior to hearing. Notice may also be made available by the county to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.
B. Testimony At Hearing:
1. Support Or Objection: All persons to whom notice is mailed shall be advised that they may file written objections or supporting statements with the planning and zoning secretary no later than five (5) days prior to the date of hearing in order to establish that their substantial rights would be affected by the approval or denial of the application.
2. Statement Filed: Any person who files a statement in support or objection shall indicate in such statement whether or not such person desires to testify at the hearing.
3. Right To Participate: Any property owner entitled to specific notice pursuant to the provisions of this section shall have a right to participate in public hearings before a planning and zoning commission or governing board. (Ord. 2016-09-13-J, 9-13-2016)
8-3-10: APPEALS:
A. Right To Appeal: The applicant or any affected aggrieved persons with lawful standing and who also appeared in person or in writing before the commission may appeal the decision of the commission to the commission or board as provided in this chapter.
B. Zoning Administrator Decisions: Appeals of decisions of the zoning administrator shall be determined by the planning and zoning commission. An appeal shall be in writing and shall include the specific legal basis for appeal and the results sought. The commission will render a written decision that will be communicated to the appellant and applicant.
C. Commission Decisions: Appeals of decisions made by the commission shall be determined by the board of county commissioners. The procedure for an appeal shall be as follows:
1. Fees governing appeals must be paid at the time of the filing of the appeal. The legal basis for the appeal must be stated in writing before an appeal will be deemed accepted for consideration. The written notice of appeal shall contain the name, address and phone number of the appellant and, if different, the name, address and phone number of the property owner; and it shall include the street address and legal description of the property which is the subject of the appeal. The record of the proceedings before the commission shall be transmitted to the board before consideration of the appeal by the board.
2. Appeals of final decisions made by the commission may only be appealed to the board if a written request for reconsideration has been previously submitted to the commission within fourteen (14) days of the final decision of the commission. The request for reconsideration shall state the issues to be considered on reconsideration and the legal basis for the relief sought. The commission shall respond in writing to any request for reconsideration at its next scheduled meeting, either modifying its original decision or affirming its prior action. Only following issuance of the commission's written decision regarding reconsideration, may the appeal process proceed before the board. The appeal to the board must also include a copy of the request for reconsideration of the appeal before the commission and the commission's decision on reconsideration. Any appeal to the board for which there is no request for reconsideration before the commission shall be dismissed by the county clerk.
3. A request for appeal to the board shall include the explanation of the basis for appeal and the result sought and must be filed no more than fourteen (14) days after the reconsideration decision of the commission is entered. The issues on appeal shall be limited to those raised in the request for reconsideration submitted to the commission.
4. After considering the written decision of the commission, the decision on reconsideration, the record on appeal and the written appeal submitted by the applicant, the board may determine that the appeal has no legal basis and dismiss it, may rule upon the appeal based upon the written record placed before it or schedule an appeal hearing to allow oral presentation of the issues associated with the appeal. Following conclusion of the procedures it chooses to invoke, the board will render a written decision that will be communicated to the appellant and applicant.
D. Grievance: An aggrieved party may seek judicial review of a decision of the board of any final decision of the board.
E. Final Decision; Reconsideration: A decision of the board is not final until it has been rendered in writing and delivered to the applicant. Also, it is not a final decision, subject to review, until a written request for reconsideration has been submitted to the county clerk within fourteen (14) days of the final decision of the board, stating the issues to be reconsidered and specific legal basis for the relief sought.
1. The board shall respond in writing to any request for reconsideration within fourteen (14) days of its filing, either modifying its original decision or affirming its prior action. The board may determine that the request for reconsideration has no legal basis and dismiss it, may rule upon the request based upon the written record placed before it, or schedule a hearing to allow oral presentation of the issues associated with the request. The board will render a written decision that will be communicated to the appellant and applicant.
2. Failure to request reconsideration is a failure of the appellant to exhaust administrative remedies.
F. Fees: During the process of appeal or of reconsideration, should either the commission or the board determine that new or additional public hearings must be held, requiring new notice of hearing to be sent or published, the cost of such shall be borne by the applicant. The cost of such shall be paid in advance of giving any such notice. Any other fee for filing any request for reconsideration shall be paid in advance in the amount set by board resolution. (Ord. 2016-09-13-J, 9-13-2016)
8-3-11: APPROVAL OF ZONING PERMIT; TIME LIMIT:
Within twenty eight (28) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. (Ord. 2016-09-13-K, 9-13-2016)
8-3-12: EXPIRATION OF ZONING PERMIT:
If the work described in a zoning permit has not begun within one hundred eighty (180) days from the date of issuance thereof, said permit shall expire and be considered revoked by the administrator. No written notice of expiration or revocation need be given to the persons affected. (Ord. 2016-09-13-J, 9-13-2016)
8-3-13: EXEMPTION FROM ZONING/BUILDING PERMIT:
A. Siting Permit Only: Structures or buildings that meet the definition of agricultural building and are constructed and located in an agricultural zone on a parcel that meets the definition for agricultural exemption in subsection B of this section will only be required to obtain a siting permit in lieu of a building permit.
B. Exemption Criteria: A parcel or tract of land that is more than five (5) contiguous acres, and is actively devoted to agriculture, is eligible for an agricultural exemption when meeting the following criteria:
1. It is used to produce field crops including, but not limited to, grains, feed crops, fruits and vegetables; or
2. It is used to produce nursery stock as defined in Idaho Code section 22-2302; or
3. It is used by the owner for the grazing of livestock to be sold as part of a net profitmaking enterprise, or is leased by the owner to a bona fide lessee for grazing purposes; or
4. It is in a cropland retirement or rotation program; and
5. It is not a lot, tract or parcel within a subdivision or planned unit development. (Ord. 2016-09-13-J, 9-13-2016)
8-3-14: SPECIAL REQUIREMENTS FOR ISSUANCE OF BUILDING PERMITS:
The following are requirements dealing with providing utility hookups and payment of hookup fees prior to the issuance of a zoning/building permit:
A. It shall be unlawful to request or demand from any utility, private or public, the connection of power to any structure, house, building, installation, including manufactured homes, for which a building permit is required, without first displaying to said utility or other company a valid building permit.
B. Each utility, private or public, receiving such a request for connection of utilities without compliance with the terms of this section, shall promptly notify the county.
C. No building permit shall be issued for any structures located within the corporate limits of the cities which would require public services without verification that the appropriate hookup fees or deposits have been paid.
D. Manufactured home parks (mobile home parks) shall not allow a unit to be connected to utilities without verification that a building permit has been issued as required by state law and local ordinances.
E. No building permit shall be issued for structures utilizing private septic systems without first obtaining a subsurface sewage permit from the applicable health authority. (Ord. 2016-09-13-J, 9-13-2016)
8-3-15: CERTIFICATES OF OCCUPANCY:
A. Certificate 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 hereafter 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 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.
B. Temporary Certificate: 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. (Ord. 2016-09-13-J, 9-13-2016)
8-3-16: DECLARING MANUFACTURED HOME REAL PROPERTY:
Pursuant to Idaho Code section 63-304, manufactured homes may be declared as real property. A manufactured home may only be accepted as real property upon the submittal of an application as prescribed by the state, properly completed, signed and notarized, and upon verification of compliance with all state and local building codes and manufactured home installation standards. (Ord. 2016-09-13-J, 9-13-2016)
8-3-17: RECORD OF PERMITS AND CERTIFICATES:
The administrator shall maintain a record of all zoning permits and certificates of occupancy, and copies shall be furnished upon request to any person. (Ord. 2016-09-13-J, 9-13-2016)
8-3-18: FAILURE TO OBTAIN PERMIT OR CERTIFICATE:
Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3-19: APPROVAL OF PLANS AND APPLICATIONS REQUIRED:
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. 2016-09-13-J, 9-13-2016)
8-3-20: SCHEDULE OF FEES, CHARGES AND EXPENSES:
A. Establishment Of Fees: The board of county commissioners, by resolution, shall establish a schedule of fees, charges and expenses, and a collection procedure for zoning permits, amendments, appeals, variances, special 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.
B. Posting Of Schedule: The schedule of fees shall be posted in the office of the administrator, and may be altered or amended only by the board.
C. Payment Of Fees: Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2016-09-13-J, 9-13-2016)
8-3-21: 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 and immediately cause to investigate and take action thereon as provided by this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3-22: PENALTIES:
The county attorney may, 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 a person guilty of such violation shall be subject to penalty as provided in section 1-4-1 of this code. Each day such violation continues shall be considered a separate offense. 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 any public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or the Idaho Code. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-1: STAY OF PROCEEDINGS:
An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the commission after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his 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 commission or by a court based upon an application, with notice to the administrator showing due cause. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-2: AUTHORIZATION; GROUNDS:
A. Hardship: The commission 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.
B. Nonconformance: No nonconforming use of the 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.
C. Limitation On Granting: 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. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-3: APPLICATION AND STANDARDS:
A. Written Application; Contents: A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the administrator and the commission containing:
1. Name, address and phone number of applicant.
2. Legal description of property.
3. Description of nature of variance requested.
4. A narrative statement demonstrating that the requested variance conforms to the following standards:
a. That special conditions and circumstances exist 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.
B. Findings Of Fact: 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 above mentioned standards and conditions have been met by the applicant. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
Under no circumstances shall the commission grant 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 variance, the commission 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 variance is granted, shall be deemed a violation of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-5: PUBLIC HEARING:
A. Hearing For Variance: Upon receipt of the application for a variance, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held.
B. Notice Of Hearing: Hearing notice procedure shall be in accordance with section 8-3-9 of this chapter. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-6: VARIANCE PROCEDURE IN CITY AREAS OF IMPACT:
A. Within five (5) days after receiving the completed application for variance, a copy of the application shall be forwarded by the Minidoka County zoning department to the zoning administrator and the clerk of the city in whose area of impact the application is relevant.
B. The city shall have the right to review and provide comment. All written or official comments received from the city shall be brought before the commission or board who is conducting the public hearing on the matter and shall become part of the official record. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-7: ACTION BY COMMISSION:
Following conclusion of the hearing and procedures, the commission will render a written decision that will be communicated to the applicant. (Ord. 2016-09-13-J, 9-13-2016)
8-3A-8: APPEALS:
Appeals procedure will be in accordance with section 8-3-10 of this chapter. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-1: CONSIDERATION AND HEARING:
A. Each Use Considered: It is recognized that an increasing number of new kinds of uses are appearing, and that many of these and some other 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. Hearing: The commission shall hold a public hearing on each special use permit application as specified in the schedule of regulations. The commission may approve, conditionally approve, or deny a special use permit under the conditions herein specified and such additional safeguards as will uphold the intent of this title. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-2: CONTENTS OF APPLICATION FOR SPECIAL USE PERMIT:
An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following:
A. Name, address and phone number of applicant and name, address and phone number of owner, if applicant is not the owner.
B. Legal description of property.
C. Description of existing use.
D. Zoning district.
E. Description of proposed special use.
F. A plan drawn to an approved scale of the proposed site for the special 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 special use meets the intent and requirements of this title.
G. A narrative statement evaluating the effect 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. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-3: GENERAL STANDARDS APPLICABLE TO ALL SPECIAL USES:
The commission shall review the particular facts and circumstances of each proposed special 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 special use as established on the official schedule of district regulations for the zoning district involved;
B. Will be harmonious with, and in accordance with, 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 the persons or agencies responsible for the establishments of the proposed use shall 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 a natural, scenic or historic feature of major importance. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-4: PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following:
A. Public Uses:
1. Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in Idaho Code section 67-6517, 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.
2. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration of the permit for sixty (60) days from the date of the request. However, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the special use application.
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 commission shall require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-5: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:
In granting any special use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this title and may be subject to revocation of the permit. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-6: TRANSFER OF SPECIAL USE PERMITS:
Special use permits will transfer with the change of ownership of the property, unless prohibited by specific condition(s) of the permit. Prohibition or special provisions for transfer of permit may be specified as conditions of permit approval. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-7: HEARING AND NOTICE PROCEDURE:
Hearing and notice procedures shall be in accordance with section 8-3-9 of this chapter. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-8: SPECIAL USE PERMIT APPLICATION IN CITY AREAS OF IMPACT:
The following shall apply regarding applications for zoning matters that require a public hearing:
A. Within five (5) days after receiving the completed application, a copy of the application shall be forwarded by the Minidoka County zoning department to the zoning administrator and the clerk of the city in whose area of impact the application is relevant.
B. The city shall have the right to review and provide comment. All written or official comments received from the city shall be brought before the commission or board who is conducting the public hearing on the matter and shall become part of the official record. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-9: ACTION BY COMMISSION:
A. Decision: After the commission has completed all hearings and processes for special use, the commission will render a written decision that will be communicated to the applicant and further will make public, the ruling concerning the application as presented. If the application is approved or approved with modifications, the commission shall direct the administrator to issue a special use permit listing the specific conditions specified by the commission for approval.
B. Conditions: Upon granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to:
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 public facilities or services;
7. Requiring more restrictive standards than those generally required in an ordinance; and
8. Limiting duration of the special use permit and requiring termination of the use upon expiration of the permit.
C. Commission Decision; Specifications: Prior to granting a special use permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit is not transferable from one parcel of land to another. Upon granting or denying an application, the commission 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 permit. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-10: NOTIFICATION TO APPLICANT:
Following conclusion of the hearing and procedures, the commission will render a written decision that will be communicated to the applicant. (Ord. 2016-09-13-J, 9-13-2016)
8-3B-11: APPEALS:
Appeals procedure will be in accordance with section 8-3-10 of this chapter. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-1: AUTHORITY AND CONDITIONS:
Whenever the public necessity, convenience, general welfare or good zoning practices require, the board 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. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-2: INITIATION OF ZONING AMENDMENTS:
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 board;
C. 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. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-3: APPLICATION FOR AMENDMENT OF ZONING MAP:
Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:
A. Name, address and phone number of applicant;
B. Proposed amending ordinance, approved as to form by the county attorney;
C. Present land use;
D. Present zoning district;
E. Proposed use;
F. Proposed zoning district;
G. 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;
H. A list of all property owners and their mailing addresses in accordance with the hearing and notice procedures contained in section 8-3-9 of this chapter;
I. A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area, and quantifiable data that will verify that rezoning would not cause economic, social or physical stress on existing uses of surrounding areas; and
J. A fee as established by the board. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-4: TRANSMITTAL TO COMMISSION:
Zoning districts shall be amended in the following manner:
A. Requests for an amendment to the zoning ordinance shall be submitted to the commission, which shall evaluate the request to determine the extent and nature of the amendment requested.
B. If the request is in accordance with the adopted comprehensive plan, the commission may recommend, and the board may adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided.
C. If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the commission, which may recommend and the board may adopt or reject an amendment to the comprehensive plan following the notice and hearing procedures provided in Idaho Code section 67-6509. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-5: COMMISSION PUBLIC HEARING:
The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.
A. Zoning Ordinance Text Amendment:
1. Public Hearing: The commission, prior to recommending a zoning ordinance text amendment to the board, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. Hearings And Notice Procedures: Hearing and notice procedures shall be in accordance with section 8-3-9 of this chapter.
3. Additional Changes Require Additional Hearings: Following the commission's hearing, if the commission makes 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 board.
B. Zoning Ordinance Map Amendment:
1. Public Hearing: The commission, prior to recommending a zoning ordinance map amendment to the board that is in accordance with the comprehensive plan, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. Hearing And Notice Procedures: Hearing and notice procedures shall be in accordance with section 8-3-9 of this chapter.
3. Additional Changes Require Additional Hearings: Following the commission's hearing, if the commission makes 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 board. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-6: RECOMMENDATION BY COMMISSION:
Upon completion of all required hearings the commission shall transmit its recommendation to the board. The commission may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the comprehensive plan and established goals and objectives. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-7: ACTION BY BOARD:
A. The board, prior to adopting, revising or rejecting the amendment to the zoning ordinance as recommended by the commission, shall conduct at least one public hearing. Following the board hearing, if the board makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the board adopts the amendment.
B. The board shall accept the recommendation of the commission's report unless rejected by a vote of a simple majority of the full board.
C. Upon granting or denying an application to amend the zoning ordinance, the board 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 an amendment to the ordinance or a permit to use the applicant's property in the way which the applicant seeks if a means exists to obtain such permit.
D. In the event the board shall approve an amendment, such shall thereafter be made part of this title upon the preparation and passage of an ordinance. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-8: HEARING AND NOTICE PROCEDURE:
Hearing and notice procedures shall be in accordance with section 8-3-9 of this chapter. (Ord. 2016-09-13-K, 9-13-2016)
8-3C-9: AMENDMENT OR REZONE IN CITY AREAS OF IMPACT:
The following shall apply regarding applications for zoning matters that require a public hearing:
A. Within five (5) days after receiving the completed application, a copy of the application shall be forwarded by the Minidoka County zoning department to the zoning administrator and the clerk of the city in whose area of impact the application is relevant.
B. The city shall have the right to review and provide comment. All written or official comment received from the city shall be brought before the commission or board that is conducting the public hearing on the matter and shall become part of the official record. (Ord. 2016-09-13-J, 9-13-2016)
8-3C-10: RESUBMISSION OF APPLICATION:
No application for a reclassification of any property which has been denied by the board shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purpose 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. 2016-09-13-J, 9-13-2016)