In addition to the restrictions imposed upon the various zones, the following shall apply:

   A.   Easements: If any development, building or structure will be over any recorded easement, a letter of approval from the easement holder shall be submitted with the plans specifying that said development, building or structure does not infringe upon said easement.

   B.   Residential Areas: No new facility or proposed use shall be permitted near residential areas unless it is clearly demonstrated that:

      1.   The proposed use will not result in smoke, dirt, glare, smog, air or water pollution, excessive noise or offensive odors beyond the limits of the facility. Any nonresidential use that is proposed within one hundred feet (100') of an existing or planned platted and approved residential development shall be reviewed and approved by the planning and zoning commission.

      2.   The user shall comply with the screening and setback requirements that may be required.

   C.   Integrity Of Agricultural Property: Restrictions relating to sale of property zoned agricultural are as follows:

      1.   Any property, tracts or lots, sold or contracted for sale in a zoned agricultural district from date of enactment hereof shall bind said buyer and subsequent buyers to refrain from any action, privately or in compact with others, from introducing any rules, regulations or legal action regarding dust, spray, method of application, smoke, noise, odor, insects, flies, livestock density or placement or in opposition to any other practice common to the established practice of farming, ranching or other related agricultural business and other established business.

   D.   Zone A: In zone A, the operation of any such accessory uses shall be secondary to that of normal agricultural activities:

      1.   The agricultural uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any district zoned residential (R); and

      2.   Incidental retailing on the premises of goods and products raised on the premises shall also be considered as being within the definition of agriculture.

   E.   Height Limit: No building shall be erected, reconstructed or structurally altered to exceed in height the limit herein designated for the zone in which such building is located.

   F.   Permitted Uses:

      1.   No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than is included among the uses herein listed as permitted in the zone in which such building, land or premises is located, except as otherwise provided in this title. No work shall commence on any structure or building for which a permit is required until that permit has first been duly and properly obtained. (Ord. 57, 4-18-1988)

      2.   Placement of a mobile home, manufactured home or any unit which may be used as a permanent dwelling, or placement of a prefabricated structure which would require a building permit if built on site, shall require a building permit, an inspection and payment of fees in the same manner as any structure which is built on site. (Ord. 57-D, 3-12-1990)

   G.   Open Space: No open space which surrounds any building shall be encroached upon or reduced in any manner except in conformity with this title.

   H.   Lawn Or Yard Exclusive: No lawn, yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a lawn, yard, or other open space for any other building or buildings.

   I.   Lights Restricted: No flashing lights of high intensity or advertising sign lights of high intensity shall be within one hundred feet (100') of the right of way boundary on the side of the road on which the sign or lights are located.

   J.   Assessor's Tract: A recorded assessor's tract, created for aiding in taxing parcels of land, will not be deemed a recorded subdivision for purposes of issuing permits. (Ord. 57, 4-18-1988)

   K.   Certificate Of Occupancy:

      1.   Required: No building or other structure, excepting accessory buildings, shall be occupied until a final inspection is completed and a certificate of occupancy is issued by the county planning and zoning administrator/building inspector. An occupancy permit or use permit shall be the same as a certificate of occupancy.

      2.   Violation, Penalty: Any violation of this subsection shall be a misdemeanor punishable in accordance with the laws of the state. Any building or other structure which is used or occupied in violation of this subsection shall be subject to nuisance or abatement procedures 1 , which may be brought by any county official, any member of the county planning and zoning commission, the planning and zoning administrator/building inspector or any other person. In the event that any abatement procedure is successfully brought, the person occupying said building or structure or the landowner owning the land upon which the structure was wrongfully used or occupied, shall be subject to all court costs and attorney fees for the prosecution of that action. (Ord. 57-J, 3-21-1994)

No person shall divide any tract of land unless he shall have provided a plat as required by Idaho Code title 50, chapter 13.

   A.   One Lot Plats: In cases where the filing of a plat for one lot will cause hardship, the planning and zoning commission may require a conceptual plan.

   B.   Exceptions: A plat shall not be required for a bona fide division or partition of agricultural land for agricultural purposes, not involving any new public streets or roads, for the allocation of land in the settlement of an estate, a court decree for the distribution of property, or a petition for a zone change.

   C.   Required Signatures: All persons presenting plats to the county recorder for recording shall have first received the approval of the county planning and zoning commission and the board of county commissioners. Approval shall be shown by the affixing of the signature of the county surveyor, the chairman of the board and the chairman of the commission to said plat. No person shall accept or record a plat until such signatures have been affixed thereto. (Ord. 2009-03, 6-15-2009)

   A.   Purpose:

      1.   The purpose of this section is to:

         a.   Enhance the aesthetic appearance of development sites at access points and/or perimeter areas and

         b.   Ensure appropriate screening/buffering between development sites and adjacent properties.

   B.   Application:

      1.   Standards: The standards of this section shall:

         a.   Apply to all projects requiring a conceptual plan, a plat review, a conditional use permit, a one lot commercial or industrial development, a rezone, a variance, or any other permit which is being sought through which an applicant will be allowed to construct a structure upon real property;

         b.   Be required for commercial and industrial developments, any small business developments which may require only a conditional use permit and residential developments;

         c.   Be used as a safeguard for adjacent properties because of location or nature of the proposed development project.

      2.   Exemption: This section shall not apply to plat reviews during construction of single-family residences or any other permitted structures in agricultural or residential zones.

      3.   Requirements: Requirements of the plan may be waived or modified by the commission for developments allowed by the conditional use process.

   C.   Process:

      1.   When any person shall apply for a project requiring a conceptual plan, a plat review, conditional use permit, a one lot commercial or industrial development, a rezone, a variance, or any other permit which is being sought through which an applicant will be allowed to construct a structure upon real property, the applicant must provide a draft landscape/screening plan at the time of filing of an application.

      2.   A landscape/screening plan must be drawn to scale and shall include a maintenance plan.

      3.   A final landscape/screening plan shall be required as a component of construction drawings.

      4.   If the proposed development project shall be completed in phases, the phases shall be noted on the landscape/screening plan.

      5.   Noncompliance with the standards of this section shall constitute a violation of this title and shall allow the commission or board to reverse or withdraw any zone changes or other permitted uses which require the submission of a landscape/screening plan.

   D.   Landscaping/Screening Standards:

      1.   Landscaping Elements: For the purpose of this section, landscaping elements are all exterior enhancements of a project including, but not limited to, live plants, fences, walls, rocks, sound walls, buffers, grade work such as berms, swales and water retention features.

      2.   Areas: Areas where landscaping and screening should be implemented include, but are not limited to, the following: entrances to subdivisions or development, screening along public roadways or adjacent to less compatible uses, common lots, unloading areas, and parking areas.

      3.   Minimum Requirements: Minimum landscaping shall be as follows: Lots with square footage totaling forty thousand (40,000) square feet and under; minimum of two thousand (2,000) square feet. Lots over forty thousand (40,000) square feet and under one hundred thousand (100,000) square feet; five percent (5%) of the lot size. Lots totaling over one hundred thousand (100,000) square feet; minimum of five thousand (5,000) square feet. Minimum requirements may be reduced upon agreement of the county.

      4.   Buffers: Screening or fencing shall be required as a buffer between development property and adjacent properties.

      5.   Line Of Sight:

         a.   All screening, landscaping and structures shall comply with line of sight concerns set out herein.

         b.   Ingress-egress approaches shall be unobstructed to provide sufficient sight clearance for drivers to safely access public roadway or leave development properties.

         c.   Within the sight zone triangle, no wall, fence, sign or earthwork shall be built and no hedge, shrub or other plant shall be permitted to grow higher than thirty inches (30") above grade. One tree trunk may be permitted to grow within a driveway sight triangle; provided, that all branches are pruned to seven feet (7') above the ground.

         d.   An unobstructed sight zone triangle must be maintained between a point fifteen feet (15') behind the curb area at the edge of the driveway alignment in each direction for egress safety.

         e.   Landscaping elements shall not violate the clear vision triangle requirement as set out in section 49-221 of the Idaho Code.

      6.   Installation And Maintenance:

         a.   Installation of required landscaping/screening shall be the responsibility of the developer and the property owner.

         b.   All live plant landscaped areas shall be provided with a permanent and automated underground irrigation system of such design and capacity to satisfactorily serve the landscaped areas.

         c.   Maintenance and replacement of required landscaping/screening shall be the responsibility of the property owner.

         d.   If a homeowners' association or business owners' association has been established contact information shall be submitted to the planning and zoning office.

   E.   Definitions:

      1.   Landscape/screening plan shall include a drawing mechanically drafted to scale indicating existing and proposed trees and vegetation; existing and proposed fences, rocks, earthen berms, walls, screens, sculptures, fountains, ponds, street furniture, lights and courts or paved areas all shown in respect to property lines and maintenance plan.

      2.   Maintenance plan shall address the long term preservation of the landscaping plan and should include, but not be limited to, needed irrigation, weed abatement, trash abatement, pruning, and fertilizing.

      3.   Common areas such as, but not limited to, ball fields, water retention ponds and/or swales are to be included in the landscape and maintenance plans but will not be considered as part of the minimum landscape requirements of this section.

      4.   Prohibited materials and landscaping:

         a.   Artificial plants.

         b.   Carpeting designed as vegetative substitute.

         c.   Noxious weeds or any invasive species.

         d.   Fruit bearing trees historically used as a commercial fruit, excluding such trees as flowering pears, hawthorns, crabapples and mountain ash.

         e.   Anything other than ordinary fencing, screens, sculptures and/or furniture shall require approval of the commission.

   F.   Violation: Any violation of this section shall be a misdemeanor punishable by not more than six (6) months in the Payette County Jail or a fine of not more than one thousand dollars ($1,000.00) or both. (Ord. 2010-05, 7-12-2010)

An applicant for any permit shall be required to sign an application containing the following certification:

(Ord. 57, 4-18-1988)

Organizations which are nonprofit tax exempt organizations, wholly supported by federal, state, county or municipal tax monies, shall be required to follow all procedures set forth herein regarding making applications and submitting to building inspections; however, such organizations shall be exempt from paying application or inspection fees. (Ord. 2009-03, 6-15-2009)

(Rep. by Ord. 2004-5, 7-6-2004)

(Ord. 2009-03, 6-15-2009)

   A.   Should any lot, parcel or tract be rezoned for any purpose and if actual and substantial development has not been commenced upon that parcel within five (5) years from the date of rezone, then that parcel of property shall revert back to the original zoning, without notice, and any permits obtained pursuant to that rezone shall be forfeited and rendered null and void and be without any force or effect.

   B.   "Substantial development" shall be defined as physical improvement of the actual property which increases the market value thereof in excess of fifteen percent (15%) of the current fair market value of the parcel determined as of the effective date hereof or on new applications, determined at the date that the application is filed.

   C.   For any residential subdivision plotted, planned, filed, recorded, platted or approved prior to January 15, 1950, where there have been no substantial improvements upon the property itself directed toward the subdividing thereof, as of the effective date hereof, those subdivisions, after notice provided in Idaho Code section 50-1317, shall be deemed forfeited and the property upon which the subdivisions are proposed shall be deemed zoned as agricultural lands and subject to all conditions or restrictions imposed in zone A.

   D.   Residential subdivisions plotted, planned, filed, platted, recorded or approved after January 15, 1950, but before the effective date hereof, where there have been no substantial improvements directed toward the subdividing thereof, as of the effective date hereof, in the event that substantial development has not commenced within five (5) years from the effective date hereof, said zones shall, after notice provided in Idaho Code section 50-1317, revert back to agricultural zones and any approvals obtained for development shall be deemed revoked.

   E.   When convenient, the planning and zoning administrator shall ascertain which proposed subdivisions are subject to forfeiture or revocation and will petition and send notice as required by Idaho Code section 50-1317, of said forfeiture to the last known address of the property owners of record as such owners then appear on the records of the county assessor.

   F.   In the event there is no opposition, the board of county commissioners may vacate the same in accordance with Idaho Code section 50-1318, or proceed according to Idaho Code section 50-1319 et seq.

   G.   At any time before an automatic reversion occurs, a person may appear before the planning and zoning commission and request an extension of the zoning for an additional period of five (5) years. If good cause is shown, the extension shall be granted for an additional period of five (5) years. The same terms and conditions which were imposed upon the property when it was originally rezoned shall apply to any extended period. (Ord. 2009-03, 6-15-2009)

   A.   Criteria: In all matters where an application is required the board of county commissioners will establish a criteria which will be used to determine if an application will be granted or denied.

   B.   Withdrawal Of Application: An applicant may withdraw an application without prejudice at any time before any vote is taken. (Ord. 57, 4-18-1988)

For the purpose of this title, the following shall apply:

   A.   Definitions:

 

 

   B.   Application: In the event a person desires to move a development right for a residential building permit from one parcel of land which qualifies for a single-family residential building right to another parcel of land which does not qualify for a single-family residential building right, that person shall file an application for that purpose with the zoning administrator. The application shall include, but not be limited to, the following information:

      1.   A conceptual plan.

      2.   Information and vicinity map concerning the location and physical characteristics of the receiving property.

      3.   Information relating to the irrigation of the sending and receiving properties which describes the availability of water, the nature of the irrigation delivery and application systems and any changes which will result from or be required by the transfer of a development right.

      4.   If the receiving property lies within an irrigation district and will receive water from such district, the applicant must demonstrate in writing that the applicant has met with and obtained a recommendation from the district affected by the application. Applicant shall provide a plan, easement, and agreement to deliver water to all parcels created.

      5.   Receiving property shall provide a dedicated easement for utilities and future road expansion.

      6.   Proof of ownership of both the sending and the receiving property.

      7.   The planning and zoning administrator shall have the authority to require additional specific information relevant to the consideration of any application.

      8.   An application fee as prescribed by resolution of the Board.

   C.   City Review: If the receiving property lies in a city impact area, the administrator shall forward the application to the appropriate city for review and comment before the application may be considered for approval or denial. The city shall submit their comment letter no more than forty-five (45) days following receipt of the application from the county. If the city responds with an unfavorable recommendation, a public hearing shall be scheduled, with the applicant being responsible for all public hearing fees. If the city fails to respond, the administrator shall proceed with processing the application for approval or denial.

      1.   City Impact Area: The city shall include in their recommendation letter:

         a.   The building site is or is not compatible with the city’s expansion plans.

         b.   The building site does or does not interfere with any projected rights of way.

      2.   The applicant shall enter into a written agreement with the county to provide dedicated easements for future expansion of city water, sewer, sidewalk, and street systems, consistent with any county code provisions applicable to the city impact area in which the applicant’s receiving property is located. The county shall provide the affected city with a copy of the draft agreement for review and comment.

   D.   Notice to neighboring landowners and public notice shall be provided as required by law. If no objection is received to the proposed transfer, the planning and zoning administrator shall determine if the request for a transfer of development right complies with the requirements set forth in this section and either approve or deny the application based thereon. If the administrator receives objection(s) that the sending and/or receiving parcel(s) do not qualify or the application does not meet the criteria set out in paragraph B of this code, a public hearing shall be held before the planning and zoning commission.

   E.   Disqualification From Further Permits:

      1.   Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further TDR building rights.

      2.   Sending parcels that are designated agricultural on the comprehensive plan shall be disqualified from residential rezone for a period of 50 years.

      3.   Sending properties that are designated agricultural on the comprehensive plan shall be disqualified from commercial or industrial rezone except for agricultural purposes. Such properties may be rezoned with a development agreement as described in Idaho Code section 67-6511A and section 8-5-11 of this title, with the following additional restrictions and conditions:

         a.   The development agreement will only be approved on condition that the development is directly beneficial to local agricultural operations.

         b.   The burden shall be on the applicant to show that the proposed development is consistent with the goal of preserving agricultural ground, and the loss of agricultural ground is justified.

         c.   The application for a development agreement may be approved or denied based on the same standards identified in section 8-9-3 of this title.

         d.   The development agreement shall be required even when the use does not require a rezone but would otherwise be barred as the result from a transfer of a development right.

         e.   If the proposed use requires a rezone of the property and the approved use ceases at any point, the comprehensive plan designation and the zoning shall automatically revert to agricultural with no notice or public hearing.

   F.   Sale of Development Right: No person may be required to sell a development right.

   G.   Time Limit: The development right shall stay with the receiving property and shall not be further transferred.

   H.   Within ninety (90) days of approval of a transfer of development right, applicant shall have the receiving property surveyed by a licensed land surveyor. The ninety (90) days may be extended by the planning and zoning administrator for good cause. Said survey shall clearly label existing boundary lines, new property boundary lines, right of ways, and easements, and shall follow generally accepted practices in the survey industry. Applicant shall provide and record deeds with complete legal descriptions, as defined in Idaho Code sections 63-209 and 63-210, describing the two segregated properties. Upon approval and acceptance of the recorded deeds, the zoning administrator shall prepare a document entitled “Transfer of a Development Right Agreement”. The agreement shall include the names and addresses of the seller and buyer, the legal description of the sending and receiving properties, and any conditions imposed thereon. The agreement shall be signed by all owners of the sending and receiving property and the chairman of the board of county commissioners, and the signatures shall be notarized in a manner that the agreement can be recorded. The buyer shall record the Transfer of a Development Right Agreement at the office of the Payette County Clerk and shall deliver a copy of the recorded document to the zoning administrator. The agreement must be recorded within thirty (30) days of completion of the survey or the approval will be withdrawn and the application process will have to start over with no refund of fees.

   I.   Water Rights: A transfer of a development right does not transfer any water rights. Any water rights remain with the sending parcel. If irrigation water is available with the receiving parcel and a segregation from the parent lot is warranted, a water delivery plan shall be required. The irrigation system shall not add additional weirs or diversions from the main ditch.

   J.   Signatures: No transfer of a development right will occur without the voluntary acceptance of the landowner of the development right and any land use restrictions conditional to such acceptance and the signature of all lien holders and other parties who have an interest in the sending parcel. In the event a development right is transferred without the permission or signature of a lien holder or a party in interest, the purported transfer shall be void ab initio. To ensure that the board has the information required by this section, at the time an application for a transfer is submitted, the applicant shall provide the zoning administrator with a title report from a title insurance company, which report shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred.

   K.   Recommendation and Reasoned Statement: After determination is made by the administrator, or the planning and zoning commission if a public hearing is required, the administrator shall forward a recommendation to the board. The board may hold its own public hearing or may rely upon the recommendation and the record presented by the administrator. The board shall then grant or deny the request. In determining if the request is or is not consistent with the criteria of this section, the board shall make a reasoned statement as required by Idaho Code sections 67-6519 and 67-6535.

   L.   Precedents: The issuance of a permit under these circumstances shall not be precedent setting.

   M.   Compliance With Applicable Subdivision Requirements: Permits issued pursuant to this section shall not exempt any parcel, lot, tract or property from complying with any applicable subdivision requirements.

   N.   Justification For Transfer: The transfer of a development right shall be discretionary with the board. The burden shall be upon an applicant to show that conditions exist which would justify a transfer.

   O.   Appeal: Any person aggrieved by the granting or denial of a request for a TDR may appeal by following the procedures set out in the code.

   P.   Penalty: Any violation of this section shall be a misdemeanor punishable by not more than six (6) months in the Payette County Jail or a fine of not more than $1,000.00 or both. (Ord. 2016-2, 8-29-2016; amd. Ord. 2021-06, 9-13-2021; Ord. 2023-04, 4-10-2023)

   A.   As a condition of rezoning, at any time during any stage of the development process, a development agreement may be required by the board of county commissioners, recommended by the commission or it may be requested by the developer. A "development agreement" is a written agreement or a written commitment, between the county and the developer, which affects the use or development of the parcel of property which is the subject of a rezone or development request. A written commitment shall also be known as a development agreement.

   B.   The purpose of a development agreement is to provide a means for development in areas where, in the opinion of the board of county commissioners, a rezone by itself may not ensure that the requirements set forth in the zoning ordinance or the subdivision ordinance will be complied with after a rezone has been approved; but, that a development agreement will assure compliance with the zoning and subdivision ordinances and with any required findings, conclusions and order allowing a rezone and with the oral representations and agreements of the rezone applicant.

   C.   In the event a development agreement is proposed by the developer or the administrator at the time an application is submitted or in the event a development agreement is deemed appropriate by the commission during or after a public hearing, the reasons for proposing the use of a development agreement shall be forwarded to the board of county commissioners with the commission's findings and recommendation.

   D.   In the event the board of county commissioners makes a finding that a development agreement would be in the best interest of the county, but where no development agreement was recommended by the commission and presented to the board of county commissioners, the board of county commissioners shall request that the county prepare a development agreement that contains such terms as are in the best interest of the county and the developer. Said development agreement may be made a condition of approval.

   E.   A request for a development agreement may be part of the application for a rezone. A request for a development agreement shall contain the following:

      1.   An affidavit by the property owner, if the owner is not the same as the applicant, agreeing that the property subject to the rezone may be subject to a binding development agreement.

      2.   The specific use or uses of the property affected by the development agreement.

      3.   The concept plan, which shall include, but not be limited to:

         a.   Three (3) site plans and one eight and one-half inch by eleven inch (81/2" x 11") reduction showing:

            (1)   Existing structure(s) which will remain, labeled as to existing and proposed uses.

            (2)   Building footprint(s), height, number of stories, proposed uses (office, retail, restaurant, etc.), and square footage of proposed structures. If residential, overall density and number of dwelling units per building.

            (3)   North arrow.

            (4)   Scale.

            (5)   Property boundaries.

            (6)   Names of applicant, owners if different than applicant, preparer and project.

            (7)   Size of project.

            (8)   Existing vegetation.

            (9)   Existing and proposed grades for hillside developments.

            (10)   Parking areas with total number of parking spaces.

            (11)   Locations and widths of right of way, easements, canals, ditches and property lines.

            (12)   Drainage features.

            (13)   Conceptual landscape plan.

            (14)   Interior streets and access streets.

      4.   The time period for which the agreement is to be valid.

      5.   A statement that failure to comply with all of the commitments in the approved development agreement shall be deemed a consent to rezone the property to the preexisting zone.

      6.   If the development agreement is being requested by the rezone applicant, as opposed to having been required by the board of county commissioners or by the commission, a statement must be included wherein the applicant agrees that all time limits set forth by the code are waived.

      7.   Any proposed phasing schedule.

   F.   Whenever a development agreement is requested or proposed, the administrator shall work with the applicant to prepare the agreement. In addition to the information required in subsections E3a(1) through E3a(14) of this section, any additional issues may be addressed. Those issues may include, but are not limited to, density, bulk, site design, mitigation of impact on surrounding neighborhoods, appearance, provision of utilities, public services or public facilities, and any use restrictions. A public hearing may be required.

   G.   Development agreements shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance.

   H.   Development agreements shall be binding upon the owner or developer as set out in Idaho Code.

   I.   A development agreement may be terminated and the zoning designation upon which the use is based reversed, upon the failure of the owner or developer or any successor or assignee thereof to fulfill any of the requirements of the development agreement within a reasonable time, within the time set in the agreement or upon the failure of the owner or developer or their successors or assigns, to act in the manner agreed upon. What is a reasonable time shall be determined by the board of county commissioners.

   J.   Each subsequent owner, any successor or assignee, or any person who shall thereafter acquire an interest in the property, shall take that interest subject to the terms and conditions which are set out in the development agreement and they shall conform to and abide by the terms and conditions of that agreement.

   K.   By permitting or requiring a development agreement the board of county commissioners does not obligate itself to adopt any proposed zoning ordinance.

   L.   A written development agreement shall be deemed written consent to rezone the affected property and the commitment of the owner or developer or any successor or assignee to comply with the conditions imposed by the development agreement.

   M.   Development agreements may be enforced by any person through any means permitted by law. That relief shall include, but not necessarily be limited to, specific performance, injunctive relief, or through the criminal process for violation of any provision of the zoning ordinance.

   N.   A "developer" is any person who proposes to rezone property to commercial, industrial, residential or for any business purpose. A developer shall be considered the applicant in any development agreement. In the event that a developer consists of more than one person or entity, all persons who will be engaged in the development shall be bound by the agreement.

   O.   In addition to a development agreement as set forth above, the board of county commissioners may enter into agreements which require certain terms and conditions to be complied with as a condition of subdivision approval. One of the terms of any agreement may be that in the event a developer does not comply with the agreement, subdivision approval may be withdrawn.

   P.   A development agreement may be amended with the consent of all parties. (Ord. 2009-03, 6-15-2009)

Pursuant to section 42-1209 of the Idaho Code, no construction of any improvement or use of any kind shall be permitted when either the use or the improvement, or the access to the improvement or use shall be upon, over or along, or shall impinge upon an irrigation district, a Carey act operating company, a nonprofit irrigation entity, a lateral ditch association, or drainage district right of way or easement, unless there is first obtained written consent from the affected entity. (Ord. 2006-7, 5-22-2006)

   A.   When any person shall apply for a conditional use permit, a transfer of a development right (TDR), a one lot subdivision, a rezone, a variance, or any other permit which is being sought through which an applicant will be allowed to construct a structure upon real property, the zoning administrator may require the applicant to provide a conceptual plan of a project at the time of filing of an application. A conceptual plan is intended primarily for development on a single lot. If a proposed development contains more than a single lot, a preliminary plat may be required. A conceptual plan may or may not be presented to the technical review committee.

   B.   A conceptual plan may be accepted by the administrator if an application is seeking development of a single lot.

   C.   All conceptual plans shall contain a notarized signature, shall address such matters as may be addressed at hearings, shall provide for a signature line for the applicant and a Payette County official, shall contain a legal description of the property, and shall be of a quality that can be recorded.

   D.   Definition: A drawing less detailed than a preliminary plat, mechanically drafted to scale, showing a footprint of existing and proposed structures, access to public roadways, parking areas, easements, utilities, retention basins, setbacks and other features that may be applicable to the property. (Ord. 2008-10, 8-25-2008)

   A.   Composition: There is hereby created a technical review committee. The committee shall consist of representatives from the county engineer, the planning and zoning staff, the applicant, the applicant's engineer, the affected road department, a city in whose impact area the property may be located, an affected irrigation company, fire district, utility companies, school district, any affected state or federal agency and any other person requested by the committee, the commission, or the board.

   B.   Certification: Upon receipt of a preliminary plat or any other application with which a conceptual plan is required, together with receipt of all other required data as provided for in this code and fee required by resolution, the planning and zoning administrator shall certify the application as complete and shall affix the date of application acceptance thereon. The administrator shall, thereafter, place the preliminary plat or the conceptual plan on the agenda for consideration at the next regular meeting of the technical review committee which is held no less than ten (10) days after said date of certification nor more than forty five (45) days thereafter if the committee has a regularly scheduled meeting. In the event the committee has no regularly scheduled meeting, the administrator shall call a meeting of the committee.

   C.   Review And Recommendation By The Technical Review Committee:

      1.   The technical review committee shall review the preliminary plat or the conceptual plan from the viewpoint of the technical disciplines represented on the committee.

      2.   After completing its review, the committee shall make a recommendation to the applicant on each application and on each special request that is made by the applicant. The committee's recommendation shall point out any deficiencies in the plan, and indicate how deficiencies or shortcomings might be corrected.

      3.   The committee shall be administered by the planning and zoning administrator.

      4.   Within ten (10) days of receipt of the recommendations, the county engineer shall compile a report regarding those issues and present that report to the applicant and the planning and zoning administrator. Upon receipt of the report, the applicant shall modify his proposed plat or plan to conform to the recommendation of the report or shall submit explanation for his decision to not modify. Upon receipt of the modified plat or plan, or the statement of explanation to not modify, the county engineer may revise his report and submit to the planning and zoning administrator a recommendation to consider the application. The administrator shall then schedule a public hearing before the commission to consider the application.

   D.   Referral To Other Agencies: The administrator shall refer the preliminary plat or the plan together with the application to as many agencies as deemed necessary. Such agencies may include the following:

      1.   Other governing bodies having joint jurisdiction.

      2.   The appropriate utility companies, irrigation companies or districts and drainage districts.

      3.   The superintendent of the school district.

      4.   Other agencies having an interest in the proposed subdivision as suggested on the application form. Agencies will be given fifteen (15) days to return their recommendations. If no recommendation is received the lack of response shall be deemed as a neutral position by the agency.

   E.   Statement Of Concerns: The county engineer shall prepare a statement of concerns.

   F.   Planning And Zoning Administrator Recommendation: Upon expiration of the time allowance for department and agency review, the planning and zoning administrator with the recommendation of the technical review committee shall prepare a recommendation to the planning and zoning commission.

   G.   Placed On Regular Meeting Agenda Of Commission: The preliminary plat or conceptual plan shall be placed on the agenda of the next regular commission meeting.

   H.   Hearing By Commission: At the next meeting of the commission following the committee's recommendation, the commission shall hold a public hearing regarding the matter of the preliminary plat or conceptual plan and the report from the county engineer, along with all other required data as provided for in this code. (Ord. 2008-11, 10-6-2008)

   A.   When any person shall apply for any use permit, including, but not limited to, a zone change, a conditional use permit, a variance, a transfer of a development right (TDR), a subdivision, or any other action which requires a decision by the board of county commissioners or by the planning and zoning commission, as a condition of county action, the applicant may be required to sign a use agreement to ensure that any conditions imposed by the county or agreed to by the applicant shall be fulfilled.

   B.   In the event a use agreement is proffered to an applicant, an applicant shall have ninety (90) days to sign the agreement and return it to the planning and zoning administrator or to the county clerk. In the event an agreement is not signed by the applicant within ninety (90) days of it being made available to the applicant, any permit issued or any action taken by the county shall be deemed null and void and any action taken to secure or grant the permit or action shall be deemed withdrawn and without any force or effect.

   C.   Use agreements may include such matters as may be addressed at public meetings, public hearings or which may be agreed upon between the county and the applicant. Use agreements shall provide a signature line for the applicant and a Payette County official, shall contain a legal description of the affected property and shall be of a quality that it can be recorded. (Ord. 2009-07, 10-2-2009)