The purpose of this chapter is to establish the procedural requirements for comprehensive plan amendments, zoning text amendments, zoning map amendments, conditional use review and approval, annexation, certificates of occupancy, zoning permits, letters of compliance, variances, public hearings, subdivisions, daycare, appeals and fees. (Ord. 1628, 1-12-2015)

   A.   Amendments: As per Idaho Code, the commission may recommend amendments to the plan to the Council not more frequently than every six (6) months to correct errors in the original plan or to recognize substantial changes in the actual conditions in the area.

   B.   Application Required: Any person seeking an amendment of the comprehensive plan shall file an application with the Development Services Department in accordance with this chapter. (Ord. 1628, 1-12-2015)

This title may be amended whenever the Council deems that amendment is required for the public convenience, necessity, general welfare of the public, or good zoning practices. Any amendment to this title shall be enacted pursuant to this section. The amendment of this title or the reclassification of zoning may be instituted by the Planning and Zoning Commission, City Council or by one or more property owners or holders of valid options to purchase property. The procedures set forth in this section shall apply to any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend district regulations and to add, repeal or amend any other provisions of this section or the whole of this title.

   A.   General Standards Applicable To Zoning Amendments/Rezone:

      1.   The commission and Council shall review the particular facts and circumstances of each proposal in terms of the following standards and shall find adequate evidence answering the following questions about the proposed amendment/rezone:

         a.   Will the new zoning be harmonious with and in accordance with the comprehensive plan and, if not, has there been an application for a comprehensive plan amendment;

         b.   Is the area included in the zoning amendment intended to be rezoned in the future;

         c.   Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned;

         d.   Will the proposed uses 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;

         e.   Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses;

         f.   Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of the proposed zoning amendment shall be able to provide adequately any of such services;

         g.   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;

         h.   Will the proposed uses 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;

         i.   Will the area have vehicular approaches to the property which shall be designed as not to create an interference with traffic on surrounding public streets;

         j.   Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and

         k.   Is the proposed zoning amendment in the best interest of the city?

   B.   Application Required: Applications for amendments to the comprehensive plan/map, zoning ordinance or the official zoning map as adopted in or by this title shall contain at least the following information:

      1.   Name, address and phone number of applicant;

      2.   Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner;

      3.   Legal description of property;

      4.   Legal description of all adjoining rights of way, railroads, roadways, highways and easements the full length of the property;

      5.   Present land use;

      6.   Proposed land use;

      7.   Present zoning district;

      8.   Proposed zoning district;

      9.   Characteristics of subject property which make the zoning amendment/change desirable;

      10.   Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development;

      11.   A vicinity map at a scale of one inch equals three hundred feet (1" = 300') showing property lines, thoroughfares, existing and proposed zoning and such other items as the development services department may require;

      12.   A list of the mailing addresses of all property owners, from authentic tax records of Elmore County, who are within three hundred feet (300') of the external boundaries of the land being considered, and all property owners included within the property being considered;

      13.   A statement of how the proposed zoning amendment/change relates to the Mountain Home comprehensive plan; and

      14.   A fee as established by the council.

   C.   Public Hearing: The commission shall advertise, provide notice and conduct a public hearing in accordance with Idaho Code and this title for each application to amend this title or to reclassify a zoning district. Zoning amendments may consist of text and/or map revisions.

      1.   Zoning ordinance text amendment: Amendments to this title shall comply with title 67, chapter 65 of the Idaho Code.

      2.   Zoning map amendment: Amendments to this title shall comply with title 67, chapter 65 of the Idaho Code.

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

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to reverse the decision.

      4.   In the event the council shall approve an amendment, such amendment shall thereafter be made a part of the zoning ordinance upon the preparation and passage of an ordinance. (Ord. 1628, 1-12-2015)

   A.   Appeal Of Zoning Administrator Or Building Official: Any final decision by the zoning administrator or building official may be appealed to the city council. Within fourteen (14) calendar days following the zoning administrator's or building official's written decision the appealing party shall file a written notice of appeal with the city clerk before five o'clock (5:00) P.M. or close of business, whichever occurs later, specifically identifying which requirements are appealed to the city council including all reasons, factual and legal, why the decision of the zoning administrator or building official should be overturned or modified.

      1.   Action By The City Council: Within twenty five (25) calendar days from receipt of the written notice of appeal, the Zoning Administrator shall set a hearing date for the appeal to be heard by the City Council. The Zoning Administrator and the City Attorney shall provide the appellant and the City Council with a written response to the notice of appeal, including any other documents filed by the appellant, at least three (3) calendar days prior to the appeal hearing. After hearing the appeal, the City Council may approve, approve with supplementary conditions, or deny the appeal as presented. Within fourteen (14) calendar days after a written decision has been rendered by the City Council, the Zoning Administrator shall provide the appellant with written notice of the decision.

   B.   Appeals Of The City Council: Any aggrieved person may appeal the action of City Council concerning the administration of this title. Within twenty eight (28) days after notice of the Council action has been given to the applicant and after all remedies have been exhausted under this title an aggrieved person may seek judicial review of the Council's action under provisions provided by Idaho Code, including, but not limited to, Idaho Code section 67-6535. (Ord. 1628, 1-12-2015)

All applications required by this zoning ordinance (conditional use permits, variances and other zoning approvals) shall be filed with the Development Services Department. Applications may be made by any owner or person showing a vested interest in the property.

   A.   Modification Or Amendment Of Application In Process:

      1.   If public notice of hearing has not been mailed or published, the applicant may make such changes as the applicant deems appropriate. The original schedule of hearings, however, may not be capable of being met.

      2.   If notice of hearing has been mailed or published and the applicant desires to amend, modify, or alter the application or any of the included designs, improvements, drawings, specifications, etc., the applicant shall first discuss the change with the Development Services Department. If, as determined by the Code official, changes are not substantial, the Code official may allow the changes to be made without requiring that the application be refiled and renoticed. If the application does not need to be refiled or renoticed, no additional filing fees shall be required. If the application is required to be refiled or renoticed, additional fees shall be required.

   B.   Modification Or Amendment Of Approved Application Or Use: All applications for amendment, alteration or modification of an approved application or use shall be treated as an initial application and must be processed in the same fashion and under the same procedures and fees as an initial application.

   C.   Resubmittal Of Application: No application for a zone reclassification of any property which has been denied by the Council shall be resubmitted in either substantially the same format with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 1628, 1-12-2015)

   A.   Purpose: The regulations of this chapter allow for the adjustment of parcel lines or platted lot lines between existing legal, or nonconforming properties. A property boundary adjustment does not vacate the platted lot lines of a recorded subdivision.

   B.   Applicability: These rules and regulations apply to existing lots and parcels in the City of Mountain Home.

   C.   Process:

      1.   Application: An application and fees, as set forth in this section and this Code, shall be submitted to the building official or the City Planner on forms provided by the Development Services Department.

      2.   Tentative Approval Requirements: Upon tentative approval of the application by the building official or the City Planner subject to any applicable conditions of approval and the requirements and regulations of this section, the applicant or owner shall have one year to complete the following tasks:

         a.   Cause the property to be surveyed and a record of survey recorded;

         b.   Execute and record the necessary deeds to accomplish the property boundary adjustments as approved;

         c.   Verify taxes have been paid for both properties from the County Treasurer; and

         d.   Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the building official or the City Planner.

   D.   Issuance Of Approval Letter: Upon determination by the building official or the City Planner that the final property boundary adjustment is in conformance with this section, the building official or the City Planner shall issue a letter stating the property boundary adjustment has received final approval.

   E.   Standards:

      1.   A property boundary adjustment shall not reduce the size below the minimum dimensional standards for that zone.

      2.   If one or more of the properties is nonconforming as to the minimum dimensional standards for that zone in which it is in, the property boundary adjustment shall not increase any nonconformity.

      3.   A property boundary adjustment shall not increase the original number of properties.

      4.   A property boundary adjustment shall not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner.

      5.   The property boundary adjustment shall not constitute a relocation of a property. For the purpose of this chapter, the "relocation of a property" shall be defined as relocating any property line greater than sixty percent (60%) of the property's width or length whichever is less restrictive as recorded or documented prior to the property boundary adjustment. Property line adjustments greater than sixty percent (60%) of the property width or length are only allowed to make a nonconforming parcel conforming to dimensional standards for the zone they are in. Subsequent property boundary adjustment requests shall be held to these standards as originally recorded or documented prior to the first property boundary adjustment.

      6.   For platted lots, the property boundary adjustment shall be in substantial conformance with the recorded plat.

   F.   Required Findings:

      1.   In order to approve the application, the building official or the City Planner shall find that the proposed property boundary adjustment complies with the following standards:

         a.   The property boundary adjustment does not reduce the property size below the minimum dimensional standard for the zone that it is in;

         b.   The property boundary adjustment does not further increase the nonconformity of any nonconforming property;

         c.   The property boundary adjustment does not diminish the minimum dimensional standards for the zone that it is in;

         d.   The property boundary adjustment did not change or move any public streets, private roads, easements, or publicly dedicated areas in any manner unless approved by the applicable department;

         e.   The property boundary adjustment did not constitute a relocation of a property; and

         f.   For platted lots, the property boundary adjustment was in substantial conformance with the recorded plat, in terms of plan notes, setbacks, minimum lot size, easements, or any other specific plat requirements. (Ord. 1673, 11-26-2018)

   A.   Purpose: The rules and regulations of this section and chapter shall allow for the one-time division of a parcel into four (4) separate parcels without being subject to the subdivision regulations as set forth in this Code.

   B.   Applicability: These rules and regulations apply to existing lots and parcels in the City of Mountain Home.

   C.   Regulations: These regulations shall apply to:

      1.   The parcels or lot being divided must be a legal lot of record, recorded at the Elmore County Recorder's Office and the boundaries of which shall not have changed except for one or more of the following:

         a.   The parcel of record was reduced by a governmental action as specified in this Code; or

         b.   The parcel of record was reduced by conveyance of property to a public utility for the purpose of constructing a public utility or infrastructure facility; or

         c.   The parcel of record received approval for a property boundary adjustment as specified in this Code, and where the parcel of record met both of the following standards:

            1.   The parcel of record had sufficient acreage to accomplish the division prior to completion of the property boundary adjustment; and

            2.   The property boundary adjustment did not diminish the size of the parcel of record such that it no longer has sufficient acreage to accomplish the division.

   D.   Process:

      1.   Application: An application and fees, as set forth in this Code, shall be submitted to the building official or the City Planner on forms provided by the Development Services Department.

      2.   Required Findings: The building official or the City Planner shall make the following findings in order to approve, or approve with conditions, the minor land division:

         a.   The parcel or lot being divided must be a legal lot of record, recorded at the Elmore County Recorder's Office.

         b.   The proposed minor land division complies with the standards set forth in this Code and subsection E of this section.

      3.   Tentative Approval Requirements: Upon tentative approval of the application by the building official or the City Planner subject to any applicable conditions of approval and the regulations of this Code, the applicant/owner shall have one year to complete the following tasks:

         a.   Record with the County Recorder a record of survey; and

         b.   Execute and record the necessary deeds to convey the minor land division; and

         c.   Verification from the County Treasurer that all taxes have been paid; and

         d.   Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the building official or the City Planner.

      4.   Final Approval Requirements: Upon determination by the building official or the City Planner that a division is in conformance with the requirements outlined in the tentative approval letter and that all requirements and conditions were satisfied prior to the one year expiration date, then the building official or the City Planner shall issue a letter stating that the minor land division has received final approval.

   E.   Standards:

      1.   The proposed division shall result in no more than four (4) parcels that comply with the design and dimensional standards of this Code, except when the parcel of record has been diminished by governmental action. As a result of governmental action, the building official or the City Planner may approve a reduced property size on one of the resulting parcels, subject to other regulations of this Code rendering the property as a legal non-conforming property.

      2.   The proposed division is not a "subdivision" as defined in this Code.

      3.   If public improvements are required, all such improvements shall be completed prior to the building official or the City Planner issuing final approval.

   F.   Required Findings:

      1.   Required Findings: In order to grant a minor division of property, the building official or the City Planner shall make the following findings:

         a.   The division created no more than four (4) parcels; and

         b.   The parcel or lot being divided must be a legal lot of record, recorded at the Elmore County Recorder's Office, and was of record in the County Recorder's Office; and

         c.   The boundaries of the parcel or lot being divided have not changed except as specified in this Code; and

         d.   That if the property was reduced by the governmental actions that the property was in compliance with the minimum property size requirements of the applicable zoning district, overlay district and/or this Code prior to the decrease in property size; and the decrease in property size was caused by acquisition through prescription, or other means as defined by this Code; and

         e.   The subject property for which a requested minor land division is being made is not a platted lot within a subdivision.

         f.   The four (4) resulting parcels shall have required frontage to an approved City street. (Ord. 1674, 11-26-2018)

See chapter 18 of this title. (Ord. 1628, 1-12-2015)

   A.   Applications: All applications shall be to the Development Services Department and must be in accordance with or not in conflict with the comprehensive plan. The Development Services Department shall research the request and information from all interested agencies. Within thirty (30) days the Development Services Department shall complete findings of fact and present the information to the commission.

   B.   Public Hearing: The commission, prior to making a recommendation to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

   C.   Notice Of Hearing:

      1.   At least fifteen (15) days prior to the hearing, notice of time, place and purpose of the hearing shall be published in the official newspaper or paper of general circulation within the jurisdiction.

      2.   Fifteen (15) days prior to the hearing, written notice of time, place and purpose of hearing shall be mailed to property owners and residents within three hundred feet (300') of the external boundaries of the land being considered and any additional area that may be impacted by the proposed change as determined by the Administrator of the Development Services Department.

      3.   Fifteen (15) days prior to the hearing, written notice of time, place and purpose of hearing shall be mailed to all political subdivisions and any additional property owners that may be impacted by the proposed change, as determined by the commission.

      4.   When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided that the third notice appears ten (10) days prior to the public hearing following the commission's hearing. If the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council.

      5.   Fifteen (15) days prior to the hearing, the owner of the property shall post a notice of hearing on the property as provided in subsection D of this section, stating the time, place and purpose of the hearing.

   D.   Posting Of Property:

      1.   Sign Specifications: The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface on two (2) four inch by four inch (4" x 4") posts, or attached to another approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign shall be at least three feet (3') above the ground.

      2.   Sign Lettering And Design: The sign shall comply with the following:

         a.   Lettering And Content: At the top of the sign, notice signs shall include each of the following with a minimum size of six-inch (6") letters:

            (1)   The words, "Notice of Public Hearing";

            (2)   The phone number for the city's planning and zoning department; and

            (3)   The official city logo.

         b.   Brochure Holder: Notice signs shall include a brochure holder mounted to the sign. The applicant requesting the proposed change shall ensure that, until such time as the notice sign is removed, the brochure holder contains handouts providing notice of the time and place of the hearing and a summary of the proposal. When a public hearing is to be conducted by the city council for a proposal that the planning and zoning commission has made a recommendation on, the notice for that hearing shall include the commission's recommendation in addition to the time and place of the hearing and a summary of the proposal.

         c.   Material: The sign shall be constructed with weather resistant material.

         d.   Substantial Compliance: The sign shall be in substantial compliance with the following:

         

         e.    Staff Approval: All signs shall be reviewed and approved by staff for compliance of with this subsection D.

   E.   Recommendation By Commission: Within a reasonable time from the receipt of the application and hearing, the commission shall transmit its recommendation to the council. The commission may recommend that the application be granted as requested, or it may recommend a modification of the application requested, or it may recommend that the application be denied. The commission shall ensure that any favorable recommendations for the application are in accordance with the comprehensive plan and established goals and objectives thereof and shall make their decision based on findings of fact and conclusions of law.

   F.   Council Action: No action, including and giving the publication of notice of hearing, shall be taken by the council until the commission has made its recommendation to the council. The council, prior to adopting, revising or rejecting the application as recommended by the commission, may conduct at least one public hearing, unless otherwise determined herein, using the same notice and hearing procedures as the commission. Following the council hearing, if the council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the council approves the application. After holding the said hearing, the council shall approve, approve with conditions or deny the application. If the council finds that it does not have sufficient information to make a decision, it may continue the matter from meeting to meeting.

Upon approval or denial of an application, the council shall specify:

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

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to reverse the decision.

In the event the council shall approve an amendment, annexation, etc., such amendment, etc., shall thereafter be made a part of the zoning ordinance upon the preparation and passage of an ordinance. (Ord. 1628, 1-12-2015; amd. Ord. 1703, 12-14-2020)

   A.   Purpose: It is the policy of the city of Mountain Home, Idaho (hereafter "the city"), pursuant to the federal fair housing amendments act of 1988 (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This title establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

   B.   Applicability: A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

   C.   Notice To The Public Of Availability Of Accommodation Process: Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the planning and zoning and building departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the planning and zoning and building departments.

   D.   Requesting Reasonable Accommodation:

      1.   In order to make housing available to an individual with a disability, any eligible person as defined in subsection B of this section may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.

      2.   Requests for reasonable accommodation shall be in writing and provide the following information:

         a.   Name and address of the individual(s) requesting reasonable accommodation;

         b.   Name and address of the property owner(s);

         c.   Address of the property for which accommodation is requested;

         d.   Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

         e.   Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

      3.   Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

      4.   A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

      5.   If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

   E.   Processing Request:

      1.   Requests for reasonable accommodation shall be reviewed by both the city planner and the building official (hereafter "the reviewing authority") using the criteria set forth in subsection F of this section.

      2.   The reviewing authority shall issue a written recommendation on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in subsection F of this section.

      3.   If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

   F.   Required Findings: The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

      1.   Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

      2.   Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

      3.   Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction; and

      4.   Whether the requested accommodation would require a fundamental alteration in the nature of the city's land use and zoning or building program.

   G.   Written Decision On The Request For Reasonable Accommodation:

      1.   The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in subsection F of this section. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

      2.   The written decision of the reviewing authority shall be final unless an applicant appeals it to the Mountain Home city council.

      3.   If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted by subsection E of this section, the request shall be deemed granted.

      4.   While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

   H.   Appeals: See section 9-6-5 of this chapter.

   I.   Fee: A onetime fee, as established by the council, shall be charged at the time of application for a request for reasonable accommodation. (Ord. 1628, 1-12-2015)

An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council (after notice of appeal is filed) 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 council or by a court based upon an application, with notice showing due cause.

   A.   Notification Of Applicant: Within ten (10) days after a decision has been rendered by the council, the development services department shall communicate to the aggrieved applicant of the council's decision relative to the appeal.

   B.   Supplementary Conditions And Safeguards (Appeals): In granting an appeal, the council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the appeal is granted, shall be deemed a violation of this title. (Ord. 1628, 1-12-2015)

   A.   Application Procedure: As per Idaho Code, any property owner desiring to vacate a subdivision or portion thereof, or a lot, public right of way or easement within an existing subdivision, or any public right of way, any of which is situated within one mile of the boundaries of an incorporated city, shall complete and file a petition for vacation with the development services department or other necessary entities, i.e., highway district and/or county. Such petition shall set forth the particular reasons for the request to vacate, contain a legal description of the platted area or property to be vacated, and the names and addresses of any persons affected thereby. The petitioner shall include the names and addresses of all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Vacation petitions within one mile of the city limits must be filed with city and county.

   B.   Administrative Action: Upon receipt of the completed petition and any other information required, the development services department shall affix the date of receipt thereon. The department shall then place said petition on the agenda of the next regular meeting of the commission. The department shall also present the petition to those agencies that may be affected by the action for their comments.

   C.   Recommendation By Commission: Within thirty (30) days from the receipt of the proposed request for vacation, the commission shall review the petition along with all agencies' responses and make a determination of findings of fact and conclusions, after which they shall transmit their recommendation to the council. The commission may recommend that the vacation be granted as requested, or it may recommend a modification of the vacation requested, or it may recommend that the request for vacation be denied. The commission shall ensure that any favorable recommendations for vacations are in accordance with the comprehensive plan and established goals and objectives thereof.

Upon recommending to grant or deny an application for a vacation, 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 reverse the decision.

   D.   Action By Council: Within thirty (30) days from the receipt of the petition and the commission's recommendation, the council shall proceed as required by Idaho Code, title 50, chapter 13. After any required hearings, the council shall make a determination of findings of fact and conclusions and shall approve, approve with conditions, table or deny the application with supportive reasons. The council shall ensure that any approval or approval with conditions shall be in accord with this title and the Mountain Home comprehensive plan.

      1.   The council shall approve, approve with conditions, or deny the recommendation of the commission's report by a majority vote.

      2.   Upon granting or denying an application for vacation, the council shall specify:

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to reverse the decision.

   E.   Appeal Of Council Action: See section 9-6-5 of this chapter. (Ord. 1628, 1-12-2015)

The council may authorize in specific cases a variance from the terms of this title or from the subdivision and development ordinances which 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 undue hardship. Unless otherwise provided herein, no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this title would result in undue hardship because of characteristics of the site and must not conflict with public interest 1 . The application shall be submitted to the commission which shall make a recommendation to the city council. A variance deals only with bulk and coverage regulations, it does not apply to land uses. A use that is not allowed in a district would require a conditional use permit if applicable according to the land use chart.

   A.   Procedures For Variance: Notice requirements for variance applications need not be published in the newspaper, but must be provided only to owners of property which adjoin a building site. The adjoining property owners may acknowledge notification of the applicant's intent by signing his/her application. If all adjoining property owners are unable/unwilling to sign the application, written notification must be given of the hearing with adequate time for response.

   B.   Application And Standards For Variances: As per Idaho Code, a variance from the terms of this title shall not be granted by the council unless and until a written application for a variance is submitted to the development services department, the commission and city council containing, where applicable:

      1.   Name, address and phone number of applicant/owner.

      2.   Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner.

      3.   Present use of subject property.

      4.   What is intended to be done on or with the property.

      5.   The district (zone) that pertains to the subject property and the standards and codes which apply.

      6.   Vicinity map at a scale of one inch equals three hundred feet (1" = 300'), showing property lines, existing streets, proposed zoning district and such other items as may be required.

      7.   Site plan and/or any building plans which may be pertinent to any proposed construction.

      8.   A list of the mailing addresses of all owners of adjoining properties which are contiguous to the applicant's property being considered.

      9.   The specific requirements of this title that must be reduced to permit the proposed structure.

      10.   Statement that special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same district and would therefore prevent compliance and establish undue hardship for the owner.

      11.   Statement that special conditions or circumstances exist that were not a result of the applicant's action.

      12.   Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district under the same circumstances.

      13.   A fee established by the council.

   C.   Determination Of Findings/Commission And Council: A variance shall not be granted unless the commission and the city council each make 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 and unless all of the following exist:

      1.   That strict compliance with the requirements of this title would result in undue hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this title unreasonable under the circumstances, or that the conditions and requirements of this title will result in inhibiting the achievements or the objectives of this title.

      2.   That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated.

      3.   That such variance will not have the effect of altering the interest and purpose of this title and the Mountain Home comprehensive plan.

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

   E.   Recommendation By Commission: Upon making the determination of findings of fact and conclusions, the commission shall transmit its recommendation to the council within a reasonable time frame.

      1.   The commission may recommend that the variance be granted as requested, or it may recommend a modification of the variance requested, or it may recommend that the variance be denied.

      2.   Upon recommending to grant or deny an application for a variance, the commission shall specify:

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to reverse the decision.

   F.   Action By Council: Within a reasonable time frame from the receipt of the commission's recommendation and upon making a determination of findings of fact and conclusions of law, the council shall make a ruling.

      1.   The council shall, by a majority vote, approve, approve with conditions, table or deny the recommendation of the commission's report with supportive reasons. The council shall ensure that any approval or approval with conditions shall be in accord with this title.

      2.   Upon granting or denying an application to vary from the standards of the zoning ordinance, the council shall specify:

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

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to reverse the decision. (Ord. 1628, 1-12-2015)

When necessary, zoning permits may be issued by the code official to assure that the structure or use is a permitted use in a zoning district and that it meets the proper requirements with regard to setbacks, etc. (Ord. 1628, 1-12-2015)