Newdale City Zoning Code

CHAPTER III

ADMINISTRATIVE PROCEDURES

What This Chapter Does. This chapter requires a permit for all land development and building activity in the city and establishes procedures for the administration of this ordinance.

Division 1 - Permit Procedures
Permit Required. A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by Chapter III. Sec C. and Chapter III. Sec D.
1. A Class I permit shall be required for any lot split or plat amendment that is not exempted by Chapter III. Sec C.;
  1. any permitted use that is not exempted by Chapter III. Sec D.; and
  2. any clearing or grading preparatory to a development for which a Class I permit is required. The Class I permit procedure is found at Chapter III. Sec H.
2. A Class II permit shall be required for:
  1. any subdivision that is not exempted by Chapter III. Sec C.;
  2. any conditional use; and
  3. any clearing or grading preparatory to any activity for which a Class II permit is required. The Class II permit procedure is found at Chapter III. Sec I.
Exemptions for Land Divisions. Exemption of a land division does not exempt development of the parcel created from compliance with this ordinance. No permit shall be required for:
1. any land division that results from the settlement of an estate or a court decree for the distribution of specific parcels of property;
2. any land division that results from a condemnation proceeding or the voluntary sale or gift of land for a public purpose;
3. any cemetery plat;
4. any land division in which all resulting parcels are 20 or more acres in size, or
5. the adjustment of unplatted property lines in which no new parcel is created and no nonconforming lot, parcel, use, or structure results. Plat amendments require a Class I permit, and approval by the commission.
Exemptions for Construction Activity. The activities listed here are not exempt from any applicable requirement of this ordinance, except the requirement for a permit. No permit shall be required for:
1. clearing and grading for agricultural purposes, the maintenance and construction of irrigation works, and grading required for the maintenance (but not change or expansion) of an existing use or structure;
2. repair or remodeling that does not increase square footage or alter the exterior dimensions of the structure involved (note that the International Building Code may require a building permit for such remodeling);
3. accessory buildings that are also exempted from review by the International Building Code (note that this generally exempts accessory buildings of less than 200 square feet in floor area and less than 12 feet in height);
4. fences of eight feet or less in height (note that all fences must comply with the requirements of Appendix I. for clear sight triangles at intersections and points of access to public roads);
5. minor utility installations; and
6. certain signs, as provided in Appendix A.
Application Forms. Applications for permits shall be submitted on forms provided by the county. All information, including a site plan, and other maps, plans, drawings, tabulations, and calculations, called for on those forms shall be required for a complete application and no incomplete application shall be accepted. The county administrator may require submission of multiple copies of applications and supporting materials.
Application Fees. Application fees for each type of permit established by this ordinance shall be established by resolution of the mayor and council.
Site Inspection. The filing of an application for a permit constitutes permission for the city to conduct inspections of the proposed development site during its consideration of the application. The administrator may delay consideration of any application when inclement weather or a snowpack prevents a useful on-site inspection.
Class I Permit Procedure. The Class I permit procedure provides for the prompt review of minor developments and plat amendments, while assuring they have no significant adverse impact on environmental quality, neighboring uses, or public facilities and services. The Class I permit procedure shall be as follows.
1. Application. The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator.
2. Notice to City. If administration of this ordinance is being provided by contract, the administrator shall notify the city's designated representative that the application has been filed.
3. For Developments. The administration shall determine whether the proposed development is in compliance with the comprehensive plan and this ordinance. If the proposed development complies with all applicable absolute performance standards of this ordinance and has a cumulative score of zero or more (i.e. a positive score) on the relative performance standards of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with any applicable absolute performance standard of this ordinance or has a cumulative score of zero or less (i.e. a negative score) on the relative performance standards of this ordinance, the application for a permit shall be disapproved. Where the proposed development is part of a larger development for which a Class II permit was previously approved, the administrator shall also determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
4. For Developments. The administrator shall notify the developer and, if administration of this ordinance is being provided by contract, the city of the decision within 10 days, except as provided in Chapter III. Sec H.7.
5. For Plat Amendments. The administrator shall determine:
  1. whether the lots resulting from the proposed plat amendment are capable of accommodating a use permitted by this ordinance, and
  2. whether the proposed amendment affects road or utilities access to any lot or adjoining parcel.
    
    If the lots resulting from the proposed plat amendment are capable of accommodating such a use and the amendment does not adversely affect access to any lot or adjoining parcel, the administrator shall approve the application for a permit and place the proposed plat amendment on the agenda of the next regular council meeting at which time will permit its proper review. If the lots resulting from the proposed plat amendment are not capable of accommodating such a use, or the amendment adversely affects access to a lot or adjoining parcel, the administrator shall disapprove the application for a permit.
6. For Plat Amendments. Plat amendments approved by the administrator shall be reviewed by the council which, if it affirms the administrator's findings, shall sign the amended plat.
7. Referral. Upon finding that a development or plat amendment will have a significant adverse impact on environmental quality, neighboring land uses, or public facilities and services, the administrator may refer any application for a Class I permit to the commission. The commission may, upon confirming the administrator's finding, require that the application for a Class I permit be converted to an application for a Class II permit. Such referrals shall be placed on the agenda of the next regular commission meeting.
8. Appeal. The administrator's decision may be appealed to the commission using the appeals procedure of Chapter III. Sec N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their risk during the appeal period.
9. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Class II Permit Procedure. The purpose of the Class II permit procedure is to assure effective regulation of developments that may have significant impacts on public facilities, environmental quality, or neighboring uses. The Class II permit procedure shall be as follows.
1. Sketch Plan Review. The developer shall file a request for sketch plan review with the administrator.
  1. The administrator shall place the sketch plan on the agenda of the next regular commission meeting at which time will permit its proper review.
  2. The commission shall conduct a sketch plan review. A sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal and for the developer to be made aware of possible questions and the applicable requirements of this ordinance.
2. Application. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
3. Hearing Scheduled. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of Chapter III. Sec I.5. can be met, and at which time will permit its proper review.
4. Professional Review. The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
5. Hearing Notice. The content of all hearing notices shall comply with the requirements of Chapter III. Sec L. Notice shall be provided, as follows:
  1. by first class mail: to all owners of property within 300 feet of the site, if the site is within or adjacent to the city; or to all owners of property within 1,000 feet of the site, if the site is elsewhere within the area of city impact at least 15 days before the hearing;
  2. by newspaper publication: two legal notices in the official newspaper, with the first newspaper notice appearing at least 15 days prior to the hearing and the second one week later;
  3. by first class mail: to all potentially affected public agencies, including the appropriate school and fire protection districts, and other interested parties on a list maintained by the administrator; and
  4. by posting: at least seven days before the hearing, a sign conveying the required notice shall be placed on the site. Such signs shall be clearly visible from the nearest public road and may be placed at a point of access to the site, rather than on the site where the administrator determines that so doing will provide more effective notice.
  5. The actual cost of mail and newspaper notice shall be in addition to the application fee required by Chapter III. Sec F. No permit shall be issued until payment is received.
6. Hearing. The commission shall conduct a hearing on the proposed development following the procedure established in Chapter III. Sec P. No application shall be reviewed if the developer or a representative is not present. At the hearing, the commission shall determine whether the proposed development is in compliance with the comprehensive plan and all requirements of this ordinance. If the proposed development complies with the plan and with all applicable requirements of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with the plan or with any applicable requirement of this ordinance, the application for a permit shall be disapproved. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
7. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
8. The commission's decision may be appealed to the commission using the appeals procedure of Chapter III Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeals period.
9. The developer may file a final plat with the administrator at any time after the Class II permit for a subdivision is approved. Phased final platting is permitted by Chapter IX.
  1. The administrator shall place the final plat on the agenda of the next commission meeting.
  2. A public hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present.
  3. The commission shall review the final plat and determine whether it is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat and recommend that it be signed by the board. If it finds that the final plat fails to comply, it shall disapprove that plat and recommend that it not be signed by the board. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec J.
  4. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the mayor and council using the appeals procedure of Chapter III. Sec M. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued.
  5. The mayor and council shall determine whether the final plat is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat fails to comply, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec K.
  6. The administrator shall notify the developer and interested parties of the board's decision within 10 days.
10. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Additional Procedures for the Area of City Impact. These additional procedures will be used in the review of permit applications in the area of city impact.
1. Class I Permits. The county shall notify the city of all applications for Class I permits within the area of city impact.
2. Class II Permits: Sketch Plan. The sketch plan shall be reviewed by both the city and the county commissions, with the city review taking place first, unless a joint city-county review is arranged.
3. Class II Permits: Application. Proposed developments within the area of city impact must be reviewed by the city planning and zoning commission before the hearing before the county planning and zoning commission.
  1. It shall be the developer's responsibility to schedule this review at a regular meeting of the city planning and zoning commission.
  2. The city planning and zoning commission shall review the proposed development and provide written comments, which may be supplemented with oral testimony, to the county planning and zoning commission at least five days before the hearing on the application. In making its comments, the city planning and zoning commission shall consider the proposed development's compliance with the city and county comprehensive plans, and with this ordinance and the county development code.
4. Appeals and Variances. The administrator shall notify the city of all appeals and applications for variances filed within the area of city impact. The city shall have standing to submit comments on appeals and applications for variances. The city also has the right to appeal a decision of the administrator or county planning and zoning commission.
Conditions. Conditions may be imposed on the approval of any permit or variance, provided that those conditions are clearly designed to assure compliance with one or more specific requirements of this ordinance, and that a list of all conditions imposed is provided to the developer with notification of the commission's or council's decision. That list shall specifically identify the provision of this ordinance the condition is designed to implement.
Hearing Notices. All required notices shall provide the following information (for model notices, see Appendix B): the name and mailing address of the developer; a legal description of the development site; the address of the development site, or another general description by which the public can identify the site; the present land use at the site; the proposed use and, for subdivisions, the proposed number of lots and average proposed lot size; the body (commission or council) that will conduct the hearing; the date, time, and place of the hearing; a statement of the availability of application materials for public review, and a statement that "PUBLIC COMMENT IS ENCOURAGED.".
Approvals Valid for Two Years. Permits shall be valid for two years from the date of approval, unless extended by a development agreement, as provided in Chapter IX.

Division 2 - Appeals and Variances
Appeals. Any decision of the administrator or commission may be appealed using the procedure described here. Appeals from decisions of the administrator are heard by the commission. Appeals from decisions of the commission are heard by the council.
1. The appellant shall file a properly completed notice of appeal, the required supporting materials, and the required appeal fee with the administrator. If a notice of appeal alleges that the decision of the administrator or commission constitutes a taking of property without just compensation, the administrator shall direct the appeal to the county attorney.
2. The county attorney shall review the allegation that a decision of the administrator or commission constitutes a taking of property without just compensation. This review shall be based on the Idaho Attorney General's checklist (Appendix C) and other information the county attorney deems relevant, including the property rights policy of the plan.
3. The administrator shall place a hearing on the appeal on the agenda of the next regular commission or board meeting for which the attorney's review (if relevant) and notice requirements can be met, and at which time will permit its proper consideration. Notice requirements for an appeal shall be the same as for the original permit application.
4. The commission or board shall conduct a hearing on the appeal following the procedure established in Chapter III. Sec O. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.
5. The commission or board shall determine whether the decision being appealed is in compliance with the comprehensive plan and this ordinance, and affirm, modify, or overturn that decision accordingly. Where a taking of property without just compensation is alleged, the commission or board shall also consider the county attorney's review of the decision, as provided by Chapter III. Sec. N.2.
6. The administrator shall notify the appellant and interested parties of the commission's or board's decision within 10 days.
Variances. Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this ordinance is strictly enforced. Applications for variances shall follow the procedure described here. Applications for variances may be combined and processed simultaneously with applications for Class II permits.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a variance shall be the same as for a Class II permit, and Class II permit and variance hearings may be combined where appropriate. Where such a combination is made, the hearing notice shall specifically describe the proposed variance, including a citation of the sections of this ordinance from which a variance is requested.
3. The commission shall conduct a hearing on the proposed variance following the procedure established in Chapter III. Sec P. No application for a variance shall be reviewed if the developer or a representative is not present.
4. The commission shall approve a variance only upon finding that:
  1. the need for a variance results from physical limitations unique to the lot or parcel on which the variance is requested (lots that are of an irregular size because they boarder the Enterprise Canal shall be considered to have unique physical limitations);
  2. failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot or parcel is possible without a variance;
  3. the alleged hardship has not been created by action of the owner or occupants;
  4. approval of the variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, or have an adverse affect on the implementation of the comprehensive plan; and
  5. the variance approved is the minimum relief from the requirements of this ordinance necessary to permit a reasonable conforming use.
  6. Conditions may be attached to the approval of any variance, as provided in Chapter III. Sec K.
5. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
6. The commission's decision may be appealed to the board using the appeals procedure of Chapter III. Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeal period.
Division 3 - Hearing Procedure
Hearing Procedure. This procedure shall be followed in all hearings before the commission or board.
1. The presiding officer shall announce the purpose and subject of the hearing.
2. The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be re-scheduled.
3. The presiding officer shall ask if any commission/board member wishes to declare a conflict of interest, as defined by I.C. 67-6506, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.
4. The presiding officer shall ask the administrator to present a report on the proposal being considered.
5. The presiding officer shall direct questions from commission/board members to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the proposed development.
6. The presiding officer shall remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this ordinance.
7. The presiding officer shall ask for a statement from the developer or his or her representative. Commission/board members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.
8. Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Commission/Board members may ask questions following any statement. All questions and replies shall be directed through the presiding officer.
9. When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from commission/board members may follow each rebuttal or clarification.
10. The presiding officer shall close the public hearing and call for discussion by the commission/board, resulting in action, as provided by this ordinance.
11. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the city. Supporting materials shall be left with the administrator after each statement is made.
Additional Hearing Procedures. These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.
1. The commission/board may impose time limits on the statements given in order to assure completion of its agenda.
2. The commission/board may require persons who wish to make a statement to register their intention to do so with the administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.
Hearings To Be Taped. As required by I.C. 67-6536, the administrator shall keep a transcribable tape record of all hearings on file for at least six months after the final hearing, including appeals hearings, on the development.
Decision Record. All decisions of the commission and board shall be reported in the form of findings of fact and conclusions of law, as required by I.C. 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the administrator, and a performance standards checklist. The administrator's report shall be presented in a form that can serve as a basis for the commission's findings of fact. The completed performance standards checklist shall be considered to constitute the conclusions of law.
Decision Deadline. This section establishes the "reasonable time" for deliberation on applications by the commission required by I.C. 67-6519. The commission shall make a decision on any application for a permit within 60 days of the hearing, if a hearing is required by this ordinance, or within 60 days of the meeting at which the application first appeared on the commission agenda. Note that submission of an incomplete application requires no action by the commission and that applications for which a large scale development study is required are not complete and subject to action within the deadline established here until that study is complete.

Division 4 - Enforcement
Failure to Obtain a Permit. Whenever the administrator becomes aware of an activity for which a permit is required by this ordinance, but for which a permit has not been approved, he or she shall notify the occupant (and owner, if they are not the same) to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If the unpermitted activity does not cease, the administrator shall ask the prosecuting attorney to take immediate action, as authorized by I.C. 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition at the developer's expense. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this ordinance.
Certificate of Compliance. A certificate of compliance shall be issued before any land division is offered for sale, lease, or occupancy, sold, leased, or occupied OR before any development is occupied. A certificate of compliance indicates that an on-site inspection has shown that the development complies with this ordinance, including any conditions imposed upon its approval. Occupancy of a development without a certificate of compliance shall be a violation of this ordinance. Issuance of a certificate of compliance shall not be construed as approval of any violation of this ordinance that may have been undiscovered during the inspection.
Temporary Certificate of Compliance. A temporary certificate of compliance may be issued to permit temporary use of a structure in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be issued for more than 180 days.
Enforcement Actions. The process for enforcement of these regulations shall be as described here.
1. The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the section/s of this ordinance being violated, and order the occupant to attain compliance within 30 days.
2. Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or:
  1. file a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of 60 days and culminated by an inspection to show that compliance has been attained; or
  2. file an appeal of the administrator's notice, following the appeals procedure of Chapter III. Sec N.
3. The administrator shall ask the prosecuting attorney to commence legal action, as authorized by I.C. 67-6527, against any occupant or owner who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred.
Public Endangerment. The enforcement procedure provided here may be accelerated where the administrator finds that public health and safety could be endangered by a violation. In such cases, the administrator shall ask the prosecuting attorney to take immediate action to end the danger to public health and safety.
Penalties. Violations of this ordinance shall be a misdemeanor, punishable by a fine in any amount not exceeding $300.00, or by imprisonment for a period of not longer than 30 days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense.

Division 5 - Amendments
Amendments. Any person may petition for the amendment of the comprehensive plan or this ordinance. The amendment procedure shall be as described here and in I.C. 67-6509 or I.C. 67-6511, respectively.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for an amendment shall be as set by I.C. 67-6509 or I.C. 67-6511(b). The administrator shall notify the county of all proposed amendments that may affect the area of city impact.
3. The administrator may contract with a planner for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The commission shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the developer or a representative is not present.
5. In the case of proposed plan amendments, the commission shall determine whether the proposed amendment is consistent with the public interest, and recommend that the City Council approve or disapprove it accordingly. In the case of proposed ordinance amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the City Council approve or disapprove it accordingly.
6. The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular City Council meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice shall be provided in the same manner as for the hearing before the commission.
7. The council shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the person who petitioned for the amendment or a representative is not present.
8. The council shall determine whether the proposed amendment is consistent with the public interest and/or the comprehensive plan and approve or disapprove it accordingly.
9. The administrator shall notify the developer and interested parties of the council's decision within 10 days. No amendment to this ordinance shall become effective until that amendment has been adopted as an ordinance and published as required by law.
Annexation. All annexations require an amendment of the official zoning map adopted in Chapter IV. Applications for annexation shall be accompanied by an application for an amendment, which must be reviewed and approved as provided in Chapter III. Sec AA. before the annexation is complete.

Division 6 - Vacation of Plats
Vacation of a Plat. Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided here and in I.C. 50-1306A. The county may take no action on a proposed vacation within one mile of the city until the vacation has been approved by the city.
1. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review.
2. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council.
3. The administrator shall notify the council and the petitioner of the commission's recommendation within 10 days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements of Chapter III. Sec CC. 4. can be met, and at which time will permit its proper review.
4. Notice of the hearing shall be provided, as follows:
  1. by first class mail: to all owners of property within, and within 300 feet of, the boundaries of the plat proposed to be vacated, at least 10 days before the hearing, and
  2. by newspaper publication: two successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven days prior to the hearing.
5. The council shall conduct a hearing on the proposed plat vacation following the procedure established in Chapter III. Sec P. No petition shall be reviewed if the petitioner or a representative is not present.
6. The council shall accept or reject the petition for vacation, with acceptance based on findings that:
  1. the vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat,
  2. the vacation will not eliminate easements or rights-of-way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat, and
  3. all owners of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
7. The administrator shall notify the petitioner and interested parties of the council's decision within 10 days.

Newdale City Zoning Code

CHAPTER III

ADMINISTRATIVE PROCEDURES

What This Chapter Does. This chapter requires a permit for all land development and building activity in the city and establishes procedures for the administration of this ordinance.

Division 1 - Permit Procedures
Permit Required. A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by Chapter III. Sec C. and Chapter III. Sec D.
1. A Class I permit shall be required for any lot split or plat amendment that is not exempted by Chapter III. Sec C.;
  1. any permitted use that is not exempted by Chapter III. Sec D.; and
  2. any clearing or grading preparatory to a development for which a Class I permit is required. The Class I permit procedure is found at Chapter III. Sec H.
2. A Class II permit shall be required for:
  1. any subdivision that is not exempted by Chapter III. Sec C.;
  2. any conditional use; and
  3. any clearing or grading preparatory to any activity for which a Class II permit is required. The Class II permit procedure is found at Chapter III. Sec I.
Exemptions for Land Divisions. Exemption of a land division does not exempt development of the parcel created from compliance with this ordinance. No permit shall be required for:
1. any land division that results from the settlement of an estate or a court decree for the distribution of specific parcels of property;
2. any land division that results from a condemnation proceeding or the voluntary sale or gift of land for a public purpose;
3. any cemetery plat;
4. any land division in which all resulting parcels are 20 or more acres in size, or
5. the adjustment of unplatted property lines in which no new parcel is created and no nonconforming lot, parcel, use, or structure results. Plat amendments require a Class I permit, and approval by the commission.
Exemptions for Construction Activity. The activities listed here are not exempt from any applicable requirement of this ordinance, except the requirement for a permit. No permit shall be required for:
1. clearing and grading for agricultural purposes, the maintenance and construction of irrigation works, and grading required for the maintenance (but not change or expansion) of an existing use or structure;
2. repair or remodeling that does not increase square footage or alter the exterior dimensions of the structure involved (note that the International Building Code may require a building permit for such remodeling);
3. accessory buildings that are also exempted from review by the International Building Code (note that this generally exempts accessory buildings of less than 200 square feet in floor area and less than 12 feet in height);
4. fences of eight feet or less in height (note that all fences must comply with the requirements of Appendix I. for clear sight triangles at intersections and points of access to public roads);
5. minor utility installations; and
6. certain signs, as provided in Appendix A.
Application Forms. Applications for permits shall be submitted on forms provided by the county. All information, including a site plan, and other maps, plans, drawings, tabulations, and calculations, called for on those forms shall be required for a complete application and no incomplete application shall be accepted. The county administrator may require submission of multiple copies of applications and supporting materials.
Application Fees. Application fees for each type of permit established by this ordinance shall be established by resolution of the mayor and council.
Site Inspection. The filing of an application for a permit constitutes permission for the city to conduct inspections of the proposed development site during its consideration of the application. The administrator may delay consideration of any application when inclement weather or a snowpack prevents a useful on-site inspection.
Class I Permit Procedure. The Class I permit procedure provides for the prompt review of minor developments and plat amendments, while assuring they have no significant adverse impact on environmental quality, neighboring uses, or public facilities and services. The Class I permit procedure shall be as follows.
1. Application. The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator.
2. Notice to City. If administration of this ordinance is being provided by contract, the administrator shall notify the city's designated representative that the application has been filed.
3. For Developments. The administration shall determine whether the proposed development is in compliance with the comprehensive plan and this ordinance. If the proposed development complies with all applicable absolute performance standards of this ordinance and has a cumulative score of zero or more (i.e. a positive score) on the relative performance standards of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with any applicable absolute performance standard of this ordinance or has a cumulative score of zero or less (i.e. a negative score) on the relative performance standards of this ordinance, the application for a permit shall be disapproved. Where the proposed development is part of a larger development for which a Class II permit was previously approved, the administrator shall also determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
4. For Developments. The administrator shall notify the developer and, if administration of this ordinance is being provided by contract, the city of the decision within 10 days, except as provided in Chapter III. Sec H.7.
5. For Plat Amendments. The administrator shall determine:
  1. whether the lots resulting from the proposed plat amendment are capable of accommodating a use permitted by this ordinance, and
  2. whether the proposed amendment affects road or utilities access to any lot or adjoining parcel.
    
    If the lots resulting from the proposed plat amendment are capable of accommodating such a use and the amendment does not adversely affect access to any lot or adjoining parcel, the administrator shall approve the application for a permit and place the proposed plat amendment on the agenda of the next regular council meeting at which time will permit its proper review. If the lots resulting from the proposed plat amendment are not capable of accommodating such a use, or the amendment adversely affects access to a lot or adjoining parcel, the administrator shall disapprove the application for a permit.
6. For Plat Amendments. Plat amendments approved by the administrator shall be reviewed by the council which, if it affirms the administrator's findings, shall sign the amended plat.
7. Referral. Upon finding that a development or plat amendment will have a significant adverse impact on environmental quality, neighboring land uses, or public facilities and services, the administrator may refer any application for a Class I permit to the commission. The commission may, upon confirming the administrator's finding, require that the application for a Class I permit be converted to an application for a Class II permit. Such referrals shall be placed on the agenda of the next regular commission meeting.
8. Appeal. The administrator's decision may be appealed to the commission using the appeals procedure of Chapter III. Sec N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their risk during the appeal period.
9. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Class II Permit Procedure. The purpose of the Class II permit procedure is to assure effective regulation of developments that may have significant impacts on public facilities, environmental quality, or neighboring uses. The Class II permit procedure shall be as follows.
1. Sketch Plan Review. The developer shall file a request for sketch plan review with the administrator.
  1. The administrator shall place the sketch plan on the agenda of the next regular commission meeting at which time will permit its proper review.
  2. The commission shall conduct a sketch plan review. A sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal and for the developer to be made aware of possible questions and the applicable requirements of this ordinance.
2. Application. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
3. Hearing Scheduled. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of Chapter III. Sec I.5. can be met, and at which time will permit its proper review.
4. Professional Review. The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
5. Hearing Notice. The content of all hearing notices shall comply with the requirements of Chapter III. Sec L. Notice shall be provided, as follows:
  1. by first class mail: to all owners of property within 300 feet of the site, if the site is within or adjacent to the city; or to all owners of property within 1,000 feet of the site, if the site is elsewhere within the area of city impact at least 15 days before the hearing;
  2. by newspaper publication: two legal notices in the official newspaper, with the first newspaper notice appearing at least 15 days prior to the hearing and the second one week later;
  3. by first class mail: to all potentially affected public agencies, including the appropriate school and fire protection districts, and other interested parties on a list maintained by the administrator; and
  4. by posting: at least seven days before the hearing, a sign conveying the required notice shall be placed on the site. Such signs shall be clearly visible from the nearest public road and may be placed at a point of access to the site, rather than on the site where the administrator determines that so doing will provide more effective notice.
  5. The actual cost of mail and newspaper notice shall be in addition to the application fee required by Chapter III. Sec F. No permit shall be issued until payment is received.
6. Hearing. The commission shall conduct a hearing on the proposed development following the procedure established in Chapter III. Sec P. No application shall be reviewed if the developer or a representative is not present. At the hearing, the commission shall determine whether the proposed development is in compliance with the comprehensive plan and all requirements of this ordinance. If the proposed development complies with the plan and with all applicable requirements of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with the plan or with any applicable requirement of this ordinance, the application for a permit shall be disapproved. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
7. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
8. The commission's decision may be appealed to the commission using the appeals procedure of Chapter III Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeals period.
9. The developer may file a final plat with the administrator at any time after the Class II permit for a subdivision is approved. Phased final platting is permitted by Chapter IX.
  1. The administrator shall place the final plat on the agenda of the next commission meeting.
  2. A public hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present.
  3. The commission shall review the final plat and determine whether it is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat and recommend that it be signed by the board. If it finds that the final plat fails to comply, it shall disapprove that plat and recommend that it not be signed by the board. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec J.
  4. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the mayor and council using the appeals procedure of Chapter III. Sec M. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued.
  5. The mayor and council shall determine whether the final plat is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat fails to comply, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec K.
  6. The administrator shall notify the developer and interested parties of the board's decision within 10 days.
10. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Additional Procedures for the Area of City Impact. These additional procedures will be used in the review of permit applications in the area of city impact.
1. Class I Permits. The county shall notify the city of all applications for Class I permits within the area of city impact.
2. Class II Permits: Sketch Plan. The sketch plan shall be reviewed by both the city and the county commissions, with the city review taking place first, unless a joint city-county review is arranged.
3. Class II Permits: Application. Proposed developments within the area of city impact must be reviewed by the city planning and zoning commission before the hearing before the county planning and zoning commission.
  1. It shall be the developer's responsibility to schedule this review at a regular meeting of the city planning and zoning commission.
  2. The city planning and zoning commission shall review the proposed development and provide written comments, which may be supplemented with oral testimony, to the county planning and zoning commission at least five days before the hearing on the application. In making its comments, the city planning and zoning commission shall consider the proposed development's compliance with the city and county comprehensive plans, and with this ordinance and the county development code.
4. Appeals and Variances. The administrator shall notify the city of all appeals and applications for variances filed within the area of city impact. The city shall have standing to submit comments on appeals and applications for variances. The city also has the right to appeal a decision of the administrator or county planning and zoning commission.
Conditions. Conditions may be imposed on the approval of any permit or variance, provided that those conditions are clearly designed to assure compliance with one or more specific requirements of this ordinance, and that a list of all conditions imposed is provided to the developer with notification of the commission's or council's decision. That list shall specifically identify the provision of this ordinance the condition is designed to implement.
Hearing Notices. All required notices shall provide the following information (for model notices, see Appendix B): the name and mailing address of the developer; a legal description of the development site; the address of the development site, or another general description by which the public can identify the site; the present land use at the site; the proposed use and, for subdivisions, the proposed number of lots and average proposed lot size; the body (commission or council) that will conduct the hearing; the date, time, and place of the hearing; a statement of the availability of application materials for public review, and a statement that "PUBLIC COMMENT IS ENCOURAGED.".
Approvals Valid for Two Years. Permits shall be valid for two years from the date of approval, unless extended by a development agreement, as provided in Chapter IX.

Division 2 - Appeals and Variances
Appeals. Any decision of the administrator or commission may be appealed using the procedure described here. Appeals from decisions of the administrator are heard by the commission. Appeals from decisions of the commission are heard by the council.
1. The appellant shall file a properly completed notice of appeal, the required supporting materials, and the required appeal fee with the administrator. If a notice of appeal alleges that the decision of the administrator or commission constitutes a taking of property without just compensation, the administrator shall direct the appeal to the county attorney.
2. The county attorney shall review the allegation that a decision of the administrator or commission constitutes a taking of property without just compensation. This review shall be based on the Idaho Attorney General's checklist (Appendix C) and other information the county attorney deems relevant, including the property rights policy of the plan.
3. The administrator shall place a hearing on the appeal on the agenda of the next regular commission or board meeting for which the attorney's review (if relevant) and notice requirements can be met, and at which time will permit its proper consideration. Notice requirements for an appeal shall be the same as for the original permit application.
4. The commission or board shall conduct a hearing on the appeal following the procedure established in Chapter III. Sec O. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.
5. The commission or board shall determine whether the decision being appealed is in compliance with the comprehensive plan and this ordinance, and affirm, modify, or overturn that decision accordingly. Where a taking of property without just compensation is alleged, the commission or board shall also consider the county attorney's review of the decision, as provided by Chapter III. Sec. N.2.
6. The administrator shall notify the appellant and interested parties of the commission's or board's decision within 10 days.
Variances. Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this ordinance is strictly enforced. Applications for variances shall follow the procedure described here. Applications for variances may be combined and processed simultaneously with applications for Class II permits.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a variance shall be the same as for a Class II permit, and Class II permit and variance hearings may be combined where appropriate. Where such a combination is made, the hearing notice shall specifically describe the proposed variance, including a citation of the sections of this ordinance from which a variance is requested.
3. The commission shall conduct a hearing on the proposed variance following the procedure established in Chapter III. Sec P. No application for a variance shall be reviewed if the developer or a representative is not present.
4. The commission shall approve a variance only upon finding that:
  1. the need for a variance results from physical limitations unique to the lot or parcel on which the variance is requested (lots that are of an irregular size because they boarder the Enterprise Canal shall be considered to have unique physical limitations);
  2. failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot or parcel is possible without a variance;
  3. the alleged hardship has not been created by action of the owner or occupants;
  4. approval of the variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, or have an adverse affect on the implementation of the comprehensive plan; and
  5. the variance approved is the minimum relief from the requirements of this ordinance necessary to permit a reasonable conforming use.
  6. Conditions may be attached to the approval of any variance, as provided in Chapter III. Sec K.
5. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
6. The commission's decision may be appealed to the board using the appeals procedure of Chapter III. Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeal period.
Division 3 - Hearing Procedure
Hearing Procedure. This procedure shall be followed in all hearings before the commission or board.
1. The presiding officer shall announce the purpose and subject of the hearing.
2. The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be re-scheduled.
3. The presiding officer shall ask if any commission/board member wishes to declare a conflict of interest, as defined by I.C. 67-6506, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.
4. The presiding officer shall ask the administrator to present a report on the proposal being considered.
5. The presiding officer shall direct questions from commission/board members to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the proposed development.
6. The presiding officer shall remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this ordinance.
7. The presiding officer shall ask for a statement from the developer or his or her representative. Commission/board members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.
8. Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Commission/Board members may ask questions following any statement. All questions and replies shall be directed through the presiding officer.
9. When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from commission/board members may follow each rebuttal or clarification.
10. The presiding officer shall close the public hearing and call for discussion by the commission/board, resulting in action, as provided by this ordinance.
11. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the city. Supporting materials shall be left with the administrator after each statement is made.
Additional Hearing Procedures. These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.
1. The commission/board may impose time limits on the statements given in order to assure completion of its agenda.
2. The commission/board may require persons who wish to make a statement to register their intention to do so with the administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.
Hearings To Be Taped. As required by I.C. 67-6536, the administrator shall keep a transcribable tape record of all hearings on file for at least six months after the final hearing, including appeals hearings, on the development.
Decision Record. All decisions of the commission and board shall be reported in the form of findings of fact and conclusions of law, as required by I.C. 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the administrator, and a performance standards checklist. The administrator's report shall be presented in a form that can serve as a basis for the commission's findings of fact. The completed performance standards checklist shall be considered to constitute the conclusions of law.
Decision Deadline. This section establishes the "reasonable time" for deliberation on applications by the commission required by I.C. 67-6519. The commission shall make a decision on any application for a permit within 60 days of the hearing, if a hearing is required by this ordinance, or within 60 days of the meeting at which the application first appeared on the commission agenda. Note that submission of an incomplete application requires no action by the commission and that applications for which a large scale development study is required are not complete and subject to action within the deadline established here until that study is complete.

Division 4 - Enforcement
Failure to Obtain a Permit. Whenever the administrator becomes aware of an activity for which a permit is required by this ordinance, but for which a permit has not been approved, he or she shall notify the occupant (and owner, if they are not the same) to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If the unpermitted activity does not cease, the administrator shall ask the prosecuting attorney to take immediate action, as authorized by I.C. 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition at the developer's expense. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this ordinance.
Certificate of Compliance. A certificate of compliance shall be issued before any land division is offered for sale, lease, or occupancy, sold, leased, or occupied OR before any development is occupied. A certificate of compliance indicates that an on-site inspection has shown that the development complies with this ordinance, including any conditions imposed upon its approval. Occupancy of a development without a certificate of compliance shall be a violation of this ordinance. Issuance of a certificate of compliance shall not be construed as approval of any violation of this ordinance that may have been undiscovered during the inspection.
Temporary Certificate of Compliance. A temporary certificate of compliance may be issued to permit temporary use of a structure in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be issued for more than 180 days.
Enforcement Actions. The process for enforcement of these regulations shall be as described here.
1. The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the section/s of this ordinance being violated, and order the occupant to attain compliance within 30 days.
2. Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or:
  1. file a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of 60 days and culminated by an inspection to show that compliance has been attained; or
  2. file an appeal of the administrator's notice, following the appeals procedure of Chapter III. Sec N.
3. The administrator shall ask the prosecuting attorney to commence legal action, as authorized by I.C. 67-6527, against any occupant or owner who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred.
Public Endangerment. The enforcement procedure provided here may be accelerated where the administrator finds that public health and safety could be endangered by a violation. In such cases, the administrator shall ask the prosecuting attorney to take immediate action to end the danger to public health and safety.
Penalties. Violations of this ordinance shall be a misdemeanor, punishable by a fine in any amount not exceeding $300.00, or by imprisonment for a period of not longer than 30 days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense.

Division 5 - Amendments
Amendments. Any person may petition for the amendment of the comprehensive plan or this ordinance. The amendment procedure shall be as described here and in I.C. 67-6509 or I.C. 67-6511, respectively.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for an amendment shall be as set by I.C. 67-6509 or I.C. 67-6511(b). The administrator shall notify the county of all proposed amendments that may affect the area of city impact.
3. The administrator may contract with a planner for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The commission shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the developer or a representative is not present.
5. In the case of proposed plan amendments, the commission shall determine whether the proposed amendment is consistent with the public interest, and recommend that the City Council approve or disapprove it accordingly. In the case of proposed ordinance amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the City Council approve or disapprove it accordingly.
6. The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular City Council meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice shall be provided in the same manner as for the hearing before the commission.
7. The council shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the person who petitioned for the amendment or a representative is not present.
8. The council shall determine whether the proposed amendment is consistent with the public interest and/or the comprehensive plan and approve or disapprove it accordingly.
9. The administrator shall notify the developer and interested parties of the council's decision within 10 days. No amendment to this ordinance shall become effective until that amendment has been adopted as an ordinance and published as required by law.
Annexation. All annexations require an amendment of the official zoning map adopted in Chapter IV. Applications for annexation shall be accompanied by an application for an amendment, which must be reviewed and approved as provided in Chapter III. Sec AA. before the annexation is complete.

Division 6 - Vacation of Plats
Vacation of a Plat. Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided here and in I.C. 50-1306A. The county may take no action on a proposed vacation within one mile of the city until the vacation has been approved by the city.
1. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review.
2. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council.
3. The administrator shall notify the council and the petitioner of the commission's recommendation within 10 days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements of Chapter III. Sec CC. 4. can be met, and at which time will permit its proper review.
4. Notice of the hearing shall be provided, as follows:
  1. by first class mail: to all owners of property within, and within 300 feet of, the boundaries of the plat proposed to be vacated, at least 10 days before the hearing, and
  2. by newspaper publication: two successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven days prior to the hearing.
5. The council shall conduct a hearing on the proposed plat vacation following the procedure established in Chapter III. Sec P. No petition shall be reviewed if the petitioner or a representative is not present.
6. The council shall accept or reject the petition for vacation, with acceptance based on findings that:
  1. the vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat,
  2. the vacation will not eliminate easements or rights-of-way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat, and
  3. all owners of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
7. The administrator shall notify the petitioner and interested parties of the council's decision within 10 days.

Newdale City Zoning Code

CHAPTER III

ADMINISTRATIVE PROCEDURES

What This Chapter Does. This chapter requires a permit for all land development and building activity in the city and establishes procedures for the administration of this ordinance.

Division 1 - Permit Procedures
Permit Required. A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by Chapter III. Sec C. and Chapter III. Sec D.
1. A Class I permit shall be required for any lot split or plat amendment that is not exempted by Chapter III. Sec C.;
  1. any permitted use that is not exempted by Chapter III. Sec D.; and
  2. any clearing or grading preparatory to a development for which a Class I permit is required. The Class I permit procedure is found at Chapter III. Sec H.
2. A Class II permit shall be required for:
  1. any subdivision that is not exempted by Chapter III. Sec C.;
  2. any conditional use; and
  3. any clearing or grading preparatory to any activity for which a Class II permit is required. The Class II permit procedure is found at Chapter III. Sec I.
Exemptions for Land Divisions. Exemption of a land division does not exempt development of the parcel created from compliance with this ordinance. No permit shall be required for:
1. any land division that results from the settlement of an estate or a court decree for the distribution of specific parcels of property;
2. any land division that results from a condemnation proceeding or the voluntary sale or gift of land for a public purpose;
3. any cemetery plat;
4. any land division in which all resulting parcels are 20 or more acres in size, or
5. the adjustment of unplatted property lines in which no new parcel is created and no nonconforming lot, parcel, use, or structure results. Plat amendments require a Class I permit, and approval by the commission.
Exemptions for Construction Activity. The activities listed here are not exempt from any applicable requirement of this ordinance, except the requirement for a permit. No permit shall be required for:
1. clearing and grading for agricultural purposes, the maintenance and construction of irrigation works, and grading required for the maintenance (but not change or expansion) of an existing use or structure;
2. repair or remodeling that does not increase square footage or alter the exterior dimensions of the structure involved (note that the International Building Code may require a building permit for such remodeling);
3. accessory buildings that are also exempted from review by the International Building Code (note that this generally exempts accessory buildings of less than 200 square feet in floor area and less than 12 feet in height);
4. fences of eight feet or less in height (note that all fences must comply with the requirements of Appendix I. for clear sight triangles at intersections and points of access to public roads);
5. minor utility installations; and
6. certain signs, as provided in Appendix A.
Application Forms. Applications for permits shall be submitted on forms provided by the county. All information, including a site plan, and other maps, plans, drawings, tabulations, and calculations, called for on those forms shall be required for a complete application and no incomplete application shall be accepted. The county administrator may require submission of multiple copies of applications and supporting materials.
Application Fees. Application fees for each type of permit established by this ordinance shall be established by resolution of the mayor and council.
Site Inspection. The filing of an application for a permit constitutes permission for the city to conduct inspections of the proposed development site during its consideration of the application. The administrator may delay consideration of any application when inclement weather or a snowpack prevents a useful on-site inspection.
Class I Permit Procedure. The Class I permit procedure provides for the prompt review of minor developments and plat amendments, while assuring they have no significant adverse impact on environmental quality, neighboring uses, or public facilities and services. The Class I permit procedure shall be as follows.
1. Application. The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator.
2. Notice to City. If administration of this ordinance is being provided by contract, the administrator shall notify the city's designated representative that the application has been filed.
3. For Developments. The administration shall determine whether the proposed development is in compliance with the comprehensive plan and this ordinance. If the proposed development complies with all applicable absolute performance standards of this ordinance and has a cumulative score of zero or more (i.e. a positive score) on the relative performance standards of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with any applicable absolute performance standard of this ordinance or has a cumulative score of zero or less (i.e. a negative score) on the relative performance standards of this ordinance, the application for a permit shall be disapproved. Where the proposed development is part of a larger development for which a Class II permit was previously approved, the administrator shall also determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
4. For Developments. The administrator shall notify the developer and, if administration of this ordinance is being provided by contract, the city of the decision within 10 days, except as provided in Chapter III. Sec H.7.
5. For Plat Amendments. The administrator shall determine:
  1. whether the lots resulting from the proposed plat amendment are capable of accommodating a use permitted by this ordinance, and
  2. whether the proposed amendment affects road or utilities access to any lot or adjoining parcel.
    
    If the lots resulting from the proposed plat amendment are capable of accommodating such a use and the amendment does not adversely affect access to any lot or adjoining parcel, the administrator shall approve the application for a permit and place the proposed plat amendment on the agenda of the next regular council meeting at which time will permit its proper review. If the lots resulting from the proposed plat amendment are not capable of accommodating such a use, or the amendment adversely affects access to a lot or adjoining parcel, the administrator shall disapprove the application for a permit.
6. For Plat Amendments. Plat amendments approved by the administrator shall be reviewed by the council which, if it affirms the administrator's findings, shall sign the amended plat.
7. Referral. Upon finding that a development or plat amendment will have a significant adverse impact on environmental quality, neighboring land uses, or public facilities and services, the administrator may refer any application for a Class I permit to the commission. The commission may, upon confirming the administrator's finding, require that the application for a Class I permit be converted to an application for a Class II permit. Such referrals shall be placed on the agenda of the next regular commission meeting.
8. Appeal. The administrator's decision may be appealed to the commission using the appeals procedure of Chapter III. Sec N. A notice of appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their risk during the appeal period.
9. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Class II Permit Procedure. The purpose of the Class II permit procedure is to assure effective regulation of developments that may have significant impacts on public facilities, environmental quality, or neighboring uses. The Class II permit procedure shall be as follows.
1. Sketch Plan Review. The developer shall file a request for sketch plan review with the administrator.
  1. The administrator shall place the sketch plan on the agenda of the next regular commission meeting at which time will permit its proper review.
  2. The commission shall conduct a sketch plan review. A sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal and for the developer to be made aware of possible questions and the applicable requirements of this ordinance.
2. Application. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
3. Hearing Scheduled. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of Chapter III. Sec I.5. can be met, and at which time will permit its proper review.
4. Professional Review. The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
5. Hearing Notice. The content of all hearing notices shall comply with the requirements of Chapter III. Sec L. Notice shall be provided, as follows:
  1. by first class mail: to all owners of property within 300 feet of the site, if the site is within or adjacent to the city; or to all owners of property within 1,000 feet of the site, if the site is elsewhere within the area of city impact at least 15 days before the hearing;
  2. by newspaper publication: two legal notices in the official newspaper, with the first newspaper notice appearing at least 15 days prior to the hearing and the second one week later;
  3. by first class mail: to all potentially affected public agencies, including the appropriate school and fire protection districts, and other interested parties on a list maintained by the administrator; and
  4. by posting: at least seven days before the hearing, a sign conveying the required notice shall be placed on the site. Such signs shall be clearly visible from the nearest public road and may be placed at a point of access to the site, rather than on the site where the administrator determines that so doing will provide more effective notice.
  5. The actual cost of mail and newspaper notice shall be in addition to the application fee required by Chapter III. Sec F. No permit shall be issued until payment is received.
6. Hearing. The commission shall conduct a hearing on the proposed development following the procedure established in Chapter III. Sec P. No application shall be reviewed if the developer or a representative is not present. At the hearing, the commission shall determine whether the proposed development is in compliance with the comprehensive plan and all requirements of this ordinance. If the proposed development complies with the plan and with all applicable requirements of this ordinance, the application for a permit shall be approved. If the proposed development fails to comply with the plan or with any applicable requirement of this ordinance, the application for a permit shall be disapproved. Conditions may be attached to approval of any permit, as provided in Chapter III. Sec K.
7. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
8. The commission's decision may be appealed to the commission using the appeals procedure of Chapter III Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeals period.
9. The developer may file a final plat with the administrator at any time after the Class II permit for a subdivision is approved. Phased final platting is permitted by Chapter IX.
  1. The administrator shall place the final plat on the agenda of the next commission meeting.
  2. A public hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present.
  3. The commission shall review the final plat and determine whether it is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat and recommend that it be signed by the board. If it finds that the final plat fails to comply, it shall disapprove that plat and recommend that it not be signed by the board. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec J.
  4. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the mayor and council using the appeals procedure of Chapter III. Sec M. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued.
  5. The mayor and council shall determine whether the final plat is in compliance with all conditions imposed upon approval of the Class II permit, the comprehensive plan, and this ordinance. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat fails to comply, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in Chapter III. Sec K.
  6. The administrator shall notify the developer and interested parties of the board's decision within 10 days.
10. See Chapter III. Sec J. for additional procedures that apply within the area of city impact.
Additional Procedures for the Area of City Impact. These additional procedures will be used in the review of permit applications in the area of city impact.
1. Class I Permits. The county shall notify the city of all applications for Class I permits within the area of city impact.
2. Class II Permits: Sketch Plan. The sketch plan shall be reviewed by both the city and the county commissions, with the city review taking place first, unless a joint city-county review is arranged.
3. Class II Permits: Application. Proposed developments within the area of city impact must be reviewed by the city planning and zoning commission before the hearing before the county planning and zoning commission.
  1. It shall be the developer's responsibility to schedule this review at a regular meeting of the city planning and zoning commission.
  2. The city planning and zoning commission shall review the proposed development and provide written comments, which may be supplemented with oral testimony, to the county planning and zoning commission at least five days before the hearing on the application. In making its comments, the city planning and zoning commission shall consider the proposed development's compliance with the city and county comprehensive plans, and with this ordinance and the county development code.
4. Appeals and Variances. The administrator shall notify the city of all appeals and applications for variances filed within the area of city impact. The city shall have standing to submit comments on appeals and applications for variances. The city also has the right to appeal a decision of the administrator or county planning and zoning commission.
Conditions. Conditions may be imposed on the approval of any permit or variance, provided that those conditions are clearly designed to assure compliance with one or more specific requirements of this ordinance, and that a list of all conditions imposed is provided to the developer with notification of the commission's or council's decision. That list shall specifically identify the provision of this ordinance the condition is designed to implement.
Hearing Notices. All required notices shall provide the following information (for model notices, see Appendix B): the name and mailing address of the developer; a legal description of the development site; the address of the development site, or another general description by which the public can identify the site; the present land use at the site; the proposed use and, for subdivisions, the proposed number of lots and average proposed lot size; the body (commission or council) that will conduct the hearing; the date, time, and place of the hearing; a statement of the availability of application materials for public review, and a statement that "PUBLIC COMMENT IS ENCOURAGED.".
Approvals Valid for Two Years. Permits shall be valid for two years from the date of approval, unless extended by a development agreement, as provided in Chapter IX.

Division 2 - Appeals and Variances
Appeals. Any decision of the administrator or commission may be appealed using the procedure described here. Appeals from decisions of the administrator are heard by the commission. Appeals from decisions of the commission are heard by the council.
1. The appellant shall file a properly completed notice of appeal, the required supporting materials, and the required appeal fee with the administrator. If a notice of appeal alleges that the decision of the administrator or commission constitutes a taking of property without just compensation, the administrator shall direct the appeal to the county attorney.
2. The county attorney shall review the allegation that a decision of the administrator or commission constitutes a taking of property without just compensation. This review shall be based on the Idaho Attorney General's checklist (Appendix C) and other information the county attorney deems relevant, including the property rights policy of the plan.
3. The administrator shall place a hearing on the appeal on the agenda of the next regular commission or board meeting for which the attorney's review (if relevant) and notice requirements can be met, and at which time will permit its proper consideration. Notice requirements for an appeal shall be the same as for the original permit application.
4. The commission or board shall conduct a hearing on the appeal following the procedure established in Chapter III. Sec O. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.
5. The commission or board shall determine whether the decision being appealed is in compliance with the comprehensive plan and this ordinance, and affirm, modify, or overturn that decision accordingly. Where a taking of property without just compensation is alleged, the commission or board shall also consider the county attorney's review of the decision, as provided by Chapter III. Sec. N.2.
6. The administrator shall notify the appellant and interested parties of the commission's or board's decision within 10 days.
Variances. Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this ordinance is strictly enforced. Applications for variances shall follow the procedure described here. Applications for variances may be combined and processed simultaneously with applications for Class II permits.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a variance shall be the same as for a Class II permit, and Class II permit and variance hearings may be combined where appropriate. Where such a combination is made, the hearing notice shall specifically describe the proposed variance, including a citation of the sections of this ordinance from which a variance is requested.
3. The commission shall conduct a hearing on the proposed variance following the procedure established in Chapter III. Sec P. No application for a variance shall be reviewed if the developer or a representative is not present.
4. The commission shall approve a variance only upon finding that:
  1. the need for a variance results from physical limitations unique to the lot or parcel on which the variance is requested (lots that are of an irregular size because they boarder the Enterprise Canal shall be considered to have unique physical limitations);
  2. failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot or parcel is possible without a variance;
  3. the alleged hardship has not been created by action of the owner or occupants;
  4. approval of the variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, or have an adverse affect on the implementation of the comprehensive plan; and
  5. the variance approved is the minimum relief from the requirements of this ordinance necessary to permit a reasonable conforming use.
  6. Conditions may be attached to the approval of any variance, as provided in Chapter III. Sec K.
5. The administrator shall notify the developer and interested parties of the commission's decision within 10 days.
6. The commission's decision may be appealed to the board using the appeals procedure of Chapter III. Sec N. A notice of any such appeal shall be filed with the administrator within 10 days after notice of the decision has been issued. Developers proceed at their own risk during this appeal period.
Division 3 - Hearing Procedure
Hearing Procedure. This procedure shall be followed in all hearings before the commission or board.
1. The presiding officer shall announce the purpose and subject of the hearing.
2. The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be re-scheduled.
3. The presiding officer shall ask if any commission/board member wishes to declare a conflict of interest, as defined by I.C. 67-6506, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.
4. The presiding officer shall ask the administrator to present a report on the proposal being considered.
5. The presiding officer shall direct questions from commission/board members to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the proposed development.
6. The presiding officer shall remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this ordinance.
7. The presiding officer shall ask for a statement from the developer or his or her representative. Commission/board members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.
8. Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Commission/Board members may ask questions following any statement. All questions and replies shall be directed through the presiding officer.
9. When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from commission/board members may follow each rebuttal or clarification.
10. The presiding officer shall close the public hearing and call for discussion by the commission/board, resulting in action, as provided by this ordinance.
11. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the city. Supporting materials shall be left with the administrator after each statement is made.
Additional Hearing Procedures. These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.
1. The commission/board may impose time limits on the statements given in order to assure completion of its agenda.
2. The commission/board may require persons who wish to make a statement to register their intention to do so with the administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.
Hearings To Be Taped. As required by I.C. 67-6536, the administrator shall keep a transcribable tape record of all hearings on file for at least six months after the final hearing, including appeals hearings, on the development.
Decision Record. All decisions of the commission and board shall be reported in the form of findings of fact and conclusions of law, as required by I.C. 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the administrator, and a performance standards checklist. The administrator's report shall be presented in a form that can serve as a basis for the commission's findings of fact. The completed performance standards checklist shall be considered to constitute the conclusions of law.
Decision Deadline. This section establishes the "reasonable time" for deliberation on applications by the commission required by I.C. 67-6519. The commission shall make a decision on any application for a permit within 60 days of the hearing, if a hearing is required by this ordinance, or within 60 days of the meeting at which the application first appeared on the commission agenda. Note that submission of an incomplete application requires no action by the commission and that applications for which a large scale development study is required are not complete and subject to action within the deadline established here until that study is complete.

Division 4 - Enforcement
Failure to Obtain a Permit. Whenever the administrator becomes aware of an activity for which a permit is required by this ordinance, but for which a permit has not been approved, he or she shall notify the occupant (and owner, if they are not the same) to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If the unpermitted activity does not cease, the administrator shall ask the prosecuting attorney to take immediate action, as authorized by I.C. 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition at the developer's expense. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this ordinance.
Certificate of Compliance. A certificate of compliance shall be issued before any land division is offered for sale, lease, or occupancy, sold, leased, or occupied OR before any development is occupied. A certificate of compliance indicates that an on-site inspection has shown that the development complies with this ordinance, including any conditions imposed upon its approval. Occupancy of a development without a certificate of compliance shall be a violation of this ordinance. Issuance of a certificate of compliance shall not be construed as approval of any violation of this ordinance that may have been undiscovered during the inspection.
Temporary Certificate of Compliance. A temporary certificate of compliance may be issued to permit temporary use of a structure in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of compliance shall be issued for more than 180 days.
Enforcement Actions. The process for enforcement of these regulations shall be as described here.
1. The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the section/s of this ordinance being violated, and order the occupant to attain compliance within 30 days.
2. Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the 30 days allowed, or:
  1. file a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of 60 days and culminated by an inspection to show that compliance has been attained; or
  2. file an appeal of the administrator's notice, following the appeals procedure of Chapter III. Sec N.
3. The administrator shall ask the prosecuting attorney to commence legal action, as authorized by I.C. 67-6527, against any occupant or owner who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred.
Public Endangerment. The enforcement procedure provided here may be accelerated where the administrator finds that public health and safety could be endangered by a violation. In such cases, the administrator shall ask the prosecuting attorney to take immediate action to end the danger to public health and safety.
Penalties. Violations of this ordinance shall be a misdemeanor, punishable by a fine in any amount not exceeding $300.00, or by imprisonment for a period of not longer than 30 days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense.

Division 5 - Amendments
Amendments. Any person may petition for the amendment of the comprehensive plan or this ordinance. The amendment procedure shall be as described here and in I.C. 67-6509 or I.C. 67-6511, respectively.
1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for an amendment shall be as set by I.C. 67-6509 or I.C. 67-6511(b). The administrator shall notify the county of all proposed amendments that may affect the area of city impact.
3. The administrator may contract with a planner for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The commission shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the developer or a representative is not present.
5. In the case of proposed plan amendments, the commission shall determine whether the proposed amendment is consistent with the public interest, and recommend that the City Council approve or disapprove it accordingly. In the case of proposed ordinance amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the City Council approve or disapprove it accordingly.
6. The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular City Council meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice shall be provided in the same manner as for the hearing before the commission.
7. The council shall conduct a hearing on the proposed amendment following the procedure established in Chapter III. Sec P. No application for an amendment shall be reviewed if the person who petitioned for the amendment or a representative is not present.
8. The council shall determine whether the proposed amendment is consistent with the public interest and/or the comprehensive plan and approve or disapprove it accordingly.
9. The administrator shall notify the developer and interested parties of the council's decision within 10 days. No amendment to this ordinance shall become effective until that amendment has been adopted as an ordinance and published as required by law.
Annexation. All annexations require an amendment of the official zoning map adopted in Chapter IV. Applications for annexation shall be accompanied by an application for an amendment, which must be reviewed and approved as provided in Chapter III. Sec AA. before the annexation is complete.

Division 6 - Vacation of Plats
Vacation of a Plat. Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided here and in I.C. 50-1306A. The county may take no action on a proposed vacation within one mile of the city until the vacation has been approved by the city.
1. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review.
2. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council.
3. The administrator shall notify the council and the petitioner of the commission's recommendation within 10 days, and unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements of Chapter III. Sec CC. 4. can be met, and at which time will permit its proper review.
4. Notice of the hearing shall be provided, as follows:
  1. by first class mail: to all owners of property within, and within 300 feet of, the boundaries of the plat proposed to be vacated, at least 10 days before the hearing, and
  2. by newspaper publication: two successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven days prior to the hearing.
5. The council shall conduct a hearing on the proposed plat vacation following the procedure established in Chapter III. Sec P. No petition shall be reviewed if the petitioner or a representative is not present.
6. The council shall accept or reject the petition for vacation, with acceptance based on findings that:
  1. the vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat,
  2. the vacation will not eliminate easements or rights-of-way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to the plat, and
  3. all owners of property or property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
7. The administrator shall notify the petitioner and interested parties of the council's decision within 10 days.