This chapter describes the processes and procedures for obtaining land use permits. (Ord. 2846 § 1, 2008)

The corporate boundary of the city may be expanded whenever the council deems it to be for the public convenience or necessity or for the general welfare. Annexations shall be conducted in accordance with Idaho state code title 50, chapter 2. As land is annexed it shall be given a comprehensive plan and zoning district designation based on the provisions of section 17.01.130, in the plan designation-zoning district conversion chart, of this title and the review criteria listed in subsection 17.02.170E of this chapter.

   A.   Application: A request for the annexation of property into the city may be initiated as outlined in Idaho Code title 50, chapter 2. An annexation application shall be filed and include all information and fees as outlined on the application form in accordance with state and local statutes.

   B.   Hearings And Notices: Upon receipt of a complete annexation application hearing dates shall be set, notices of hearings provided, and hearings held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter and Idaho Code section 50-222, or as amended or replaced.

   C.   Criteria For Review: The planning and zoning commission shall file its recommendation on annexation requests in accordance with Idaho state code title 50, chapter 2, or as amended or replaced, making a recommendation on the proposed zoning district designation. (Ord. 2846 § 1, 2008)

   A.   Definition: Conditional uses are uses that are allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. Often conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of a specific proposal for a particular location. Application for a conditional use permit affords the city an opportunity to review the location, design, configuration, and potential impact of the proposed use on surrounding land uses.

   B.   Application: A CUP application shall be filed and include all information and fees outlined on the application form.

   C.   Hearings And Notices: Upon receipt of a complete conditional use permit application, a hearing date shall be set, notice of the hearing provided, and hearing held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.

   D.   Criteria For Review: The hearing body shall review the facts and circumstances of each proposal in terms of the following standards and determine whether there is adequate evidence showing that the requested use at the proposed location:

      1.   Is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this code unless modified through the CUP process;

      2.   Is consistent with the goals and policies of the comprehensive plan of the city;

      3.   Is compatible with existing and permitted land uses within the general area;

      4.   Could be adequately served by public facilities and services such as thoroughfares, transportation facilities, police and fire protection, drainage, refuse disposal, water/sewer and schools, to ensure that the proposed use would not be detrimental to public health, safety, and welfare;

      5.   Would be harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses;

      6.   Would not adversely affect the environment to a greater degree than had a use permitted outright by the ordinance been established;

      7.   Would not be detrimental to the public interests, health, safety, or welfare of the city in its proposed location, size, design, and operating characteristics.

   E.   Authority To Grant: The hearing body may approve, approve with conditions, or deny an application for a conditional use permit. The decision may be appealed by the applicant or other affected persons (according to the provisions of Idaho Code section 67-6521) to the city council, using the process outlined in section 17.02.400, "Appeals", of this chapter. The hearing body may impose any conditions necessary to accomplish the following:

      1.   Minimize potential adverse impacts on other developments and surrounding land use;

      2.   Control the sequence and timing of development;

      3.   Control the duration of the construction period;

      4.   Assure that development is maintained properly;

      5.   Designating the exact location and nature of development;

      6.   Require the provision for on site or off site public facilities or services;

      7.   Require more restrictive standards than those generally required in this title;

      8.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction;

      9.   Require that studies addressing demographic, economic, fiscal, traffic, engineering, geologic, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2), be conducted prior to granting approval.

   F.   Conditional Use Permit Amendments:

      1.   Staff Level Approvals: Upon written request from an applicant detailing the proposed amendment to a conditional use permit, minor modifications of an approved conditional use permit may be permitted after review by the director for the following:

         a.   A reduction in density;

         b.   A relocation of dwelling units or building pads for reasons such as road alignment or topography restrictions;

         c.   A change in phasing not to exceed one year;

         d.   A modification in the recreation area or open space design, excepting elimination or reduction in size of ten percent (10%) or greater;

         e.   A decrease in setbacks not to exceed ten percent (10%).

      2.   Director Determination: Prior to any conditional use permit amendment, the director shall determine if the following standards are met:

         a.   The requested amendment was not the subject of an appeal during the public hearing process;

         b.   The requested amendment will not adversely impact adjacent properties pursuant to review criteria listed in subsection D of this section;

         c.   A written decision will be provided to the applicant by the director stating findings of fact and conclusions on which approval or denial was based. If denied, applicant may appeal through the regular CUP process.

      3.   Hearing Body Approval: Upon written request from an applicant detailing the proposed amendment to a conditional use permit, modifications of an approved conditional use permit shall be reviewed through the regular conditional use permit process for the following:

         a.   An increase in density;

         b.   A change that may adversely impact a neighborhood pursuant to the review criteria listed in subsection D of this section. Such impacts may include, but are not limited to, traffic generation or flow, grading, increase in building size;

         c.   Any other changes or deletion of a condition of approval not addressed in subsection F1, "Staff Level Approvals", of this section.

   G.   Conditional Use Permit Expiration: Uses for which a conditional use permit has been granted shall be established within two (2) years from the date of approval, including meeting all conditions, unless otherwise provided for in the CUP approval. Should the conditional use and conditions not be established within this period of time or as provided in the CUP approval, the conditional use permit shall become null and void, unless the applicant has been granted a time extension. In addition, a conditional use permit that has expired according to the provisions of this section shall not be reestablished without a new conditional use permit being approved.

   I.   Conditional Use Permit To Run With The Land: Unless specifically amended in the approving document, a conditional use permit granted pursuant to the provisions of this chapter shall continue for the approved use upon a change of property ownership.

   J.   Application Resubmittal: No application for a conditional use permit that has been denied by the hearing body or city council shall be resubmitted in either the same or substantially the same form less than one year from the date of final action, unless specifically authorized by the granting body.

   K.   Parallel Use Consideration: When a structure, which clearly was constructed for other than residential purposes, is granted a conditional use permit for a specific use or houses a legal, nonconforming use, it shall be permissible for a parallel use (one from the same use classification as the original conditional use) to be established within the conditions of the original conditional use permit or legal, nonconforming use, following an evaluation by the Director, subject to the following criteria:

      1.   General intensity of use is not anticipated to be greater than the approved use;

      2.   Parking space requirements are the same or less than the approved or existing use;

      3.   No expansion in either building or land area is requested;

      4.   No significant exterior additions or changes are proposed, such as, but not limited to, lighting, removal of landscaping, or signage. (Ord. 3132, 2023: Ord. 3044, 2020: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of the planned unit development (PUD) is to facilitate a more flexible mixture of uses and developments. They are intended to allow for greater localized density, to encourage clustered development for preservation of open spaces, to arranging living patterns in accordance with good planning principles, and to provide adequate safeguards to protect the community.

   B.   Uses Permitted: The underlying zoning district indicated within a PUD will determine the principal uses permitted.

   C.   Criteria For Review: The facts and circumstances of each proposal shall be reviewed and written findings of fact that address the following criteria shall be prepared:

      1.   The project provides alternative methods of land development;

      2.   The project includes a mix of land uses; these uses are compatible and well integrated even though they might otherwise be discouraged through conventional zoning techniques;

      3.   The project conserves natural and topographic features;

      4.   The project promotes compatibility with adjacent land uses, established neighborhoods, and available public facilities;

      5.   The project considers intensity of use including, but not limited to, building coverage, magnitude of activities, density, and traffic circulation/patterns;

      6.   The project emphasizes architectural design and aesthetic value; and

      7.   The project emphasizes provision of open spaces and quality recreation areas and facilities.

   D.   General Standards: The following standards shall apply to all proposed PUDs:

      1.   Ownership Or Unitary Control: A PUD shall be under single ownership or unified control throughout the entire planning stage and the completion of all approved infrastructure to ensure that development is accomplished as planned. Proof of single ownership or unified control is required and may be demonstrated by a deed showing a single owner, restrictive covenants of a property owners' association, or otherwise as approved by the city.

      2.   Integration: In the design process, particular effort shall be made to integrate a PUD proposal with the surrounding natural and built out environment. Particular attention shall be paid to proposed traffic patterns, pedestrian circulation, surrounding land uses, and drainage patterns.

      3.   Subdivision Requirements: Any PUD that includes a subdivision of land shall comply with all standards set forth by the subdivision ordinance of the city. Subdividing of land may not proceed until a proposed PUD has been approved.

      4.   Open Space: Regardless of the type of PUD, common open space shall encompass at least twenty percent (20%) of the net land area involved in the development. Rights of way and areas included within private lots shall not be counted toward the required open space. The required common open space shall include, but not be limited to, usable recreation areas and/or facilities (e.g., parks, clubhouses, athletic courts, pools, trails).

Land dedicated as open space shall be permanently maintained by either private covenants attached to and made part of the plan, or if suitable and mutually agreeable to the applicant and the city, by public dedication. If open space is to be maintained through private covenants, the director may require, prior to recording of any final plat, establishment of a homeowners' association and/or either:

         a.   Completed improvements, development, and dedication of open space features;

         b.   Posting of a bond sufficient to assure completion of improvements, development, and dedication of open space features.

      5.   Grading And Vegetation: All lands graded and/or stripped of vegetation, except private residential yards, shall be revegetated by the developer in a timely manner with approved species adapted to site conditions. Revegetation plans shall be submitted to and approved by the city engineer or designee prior to grading.

      6.   Time Frame: For any approved PUD, physical construction of approved infrastructure shall begin within three (3) years of final approval of the PUD. Grading or landscaping does not constitute physical construction. Build-out of the PUD infrastructure shall be completed within five (5) years of final approval. If not complete, the PUD becomes null and void and reapplication is required thereafter. If requested, the planning and zoning commission may consider granting time extensions for the PUD time frames described herein. Extensions shall not exceed a one year period, and requests for such extensions shall be received by the city at least three (3) months prior to the expiration date. These time limits may be as otherwise adjusted and approved through the PUD process.

      7.   Planned Unit Development To Run With The Land: A planned unit development granted pursuant to the provisions of this chapter shall continue for the approved use upon a change of property ownership, subject to the same conditions and terms of approval.

   E.   Procedures:

      1.   The applicant shall meet with planning staff to discuss submission of a development plan and application. The purpose of this meeting is for preliminary and informal review of the purpose and effect of the PUD, introduction of the review criteria and standards for PUDs, to familiarize the applicant with the comprehensive plan, land use and development standards, and to explain the process.

      2.   A PUD application shall be filed and include all information listed on the application form. In addition to the requirements outlined in the application, the applicant shall also address in written form any exceptions requested to the development standards of chapter 17.05 of this title.

      3.   Upon receipt of a complete application and development plan, a hearing date shall be set, notice of the hearing provided, and hearing held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.

      4.   The planning and zoning commission shall recommend approval, approval with conditions, or denial of PUD application requests. The commission's recommendation shall be forwarded to the city council for final decision.

   F.   Amendments (Major And Minor): An approved PUD may be amended by the following procedures:

      1.   Major Amendments: These shall be processed in the same manner as the original planned unit development application. Major amendments are listed below:

         a.   Change in the proposed land uses;

         b.   Change in the street pattern, particularly if it would negatively impact adjoining property as determined by the director;

         c.   Increase in overall density or intensity of use that exceeds either:

            (1)   Ten percent (10%) of the approved number of dwelling units; or

            (2)   Ten percent (10%) of the total approved building square footage;

         d.   Decrease of more than ten percent (10%) of approved number of parking spaces;

         e.   Change in the proposed phasing sequence of the PUD;

         f.   Decrease in the amount of required or proposed open space, landscaping or required setbacks exceeding ten percent (10%) of the approved amount;

         g.   Changes in the location and number of curb cuts onto a collector or an arterial street; and

         h.   Any other proposed change deemed by the director to be a major change.

      2.   Minor Amendments: Upon written request from an applicant detailing the proposed amendment, minor modifications shall be reviewed and determination made by the director using the criteria listed below. Appeal of the director's decision may be made to the planning and zoning commission and shall follow the provisions of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. The following are considered minor amendments to a planned unit development:

         a.   Increase in density of less than ten percent (10%) of the approved number of dwelling units that would not exceed zoning ordinance requirements of the underlying district;

         b.   Increase in required front, side, and rear setbacks, or decrease in required setbacks not to exceed ten percent (10%) of approved dimension if still in compliance with zoning ordinance requirements;

         c.   Increase in building height that would not exceed zoning ordinance requirements of the underlying zoning district;

         d.   Minor changes in the approved street patterns;

         e.   Minor changes in property lines;

         f.   Decrease of less than ten percent (10%) in approved number of parking spaces if still in compliance with the parking requirements listed in section 17.05.570 of this title;

         g.   Change in the location and number of curb cuts onto local streets; and

         h.   Change in items such as, but not limited to, location of fencing, fire access lanes, and sidewalk location/placement.

   G.   Development Standards In Residential Districts:

      1.   Lot size averaging may be used provided that the overall density does not exceed the maximum number of dwelling units per acre allowed by the underlying zoning district, plus up to twenty percent (20%).

      2.   Uses permitted in the neighborhood commercial and residential/commercial/professional districts may constitute up to twenty five percent (25%) of the net land area within a residentially zoned PUD.

      3.   Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.

      4.   Residential PUDs shall meet minimum off street parking requirements for residential components. A reduction of up to ten percent (10%) from minimum off street parking requirements may be allowed for nonresidential uses.

      5.   Architectural design principles shall be approved for each PUD and shall be enforced by the property owner(s) or a property owners' association. The principles shall include, but not be limited to:

         a.   Style or type of building;

         b.   Color scheme; and

         c.   Building materials.

   H.   Development Standards In A Residential/Commercial/Professional (RCP) District: Planned unit developments may be proposed in RCP districts for all residential, residential/commercial/professional, neighborhood commercial, and commercial general uses. Development standards include:

      1.   Uses permitted in a commercial general district may constitute up to twenty five percent (25%) of the net land area in a residential/commercial/professionally zoned PUD.

      2.   No uses, other than those permitted in R, RCP, or CG zoning districts (see section 17.03.500 of this title) may be permitted within an RCP PUD.

      3.   Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.

      4.   A mixed use residential/commercial/professional PUD shall be planned with common parking areas and common ingress/egress points to reduce vehicle/pedestrian conflicts.

      5.   Architectural standards shall be approved for each PUD. The standards shall address:

         a.   Style or type of building;

         b.   Color scheme; and

         c.   Building materials.

   I.   Development Standards In Commercial General (CG) Districts:

      1.   A PUD may be proposed in a commercial general district that includes commercial general uses, residential/commercial/professional uses, residential uses, and light industrial uses conditionally permitted in the commercial general zoning district.

      2.   Residential uses may constitute up to twenty five percent (25%) of the net land area in a commercial general PUD as identified in the following table, excluding upper story residential units.

 

 

      3.   Light industrial uses conditionally permitted in the commercial general zoning district may constitute up to twenty five percent (25%) of the net land area in a commercial general PUD.

      4.   Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.

   J.   Development Standards In Industrial Districts:

      1.   A PUD may be proposed in an industrial district that includes commercial general and office uses. Industrial PUDs shall be developed to use landscaping and existing terrain or vegetation as buffers to screen lighting, parking areas, loading dock areas, and/or outdoor storage of raw materials or products.

      2.   Commercial general and office uses may constitute up to twenty five percent (25%) of the net land area in an industrial PUD.

      3.   Open space (common area) shall conform to the general standards set forth in subsection D4 of this section.

      4.   Exterior storage is prohibited in the area between the front of the principal building, or buildings, and the public right of way. All storage shall be screened from public view by sight obscuring fences. A separate permit shall be required for all fences.

      5.   Project side and rear yards of thirty feet (30') will be required if the project is located adjacent to any residential use and/or zoning district (see section 17.03.600, table 17.03.600 of this title). Minimum front yard setbacks shall be thirty feet (30'). (Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Purpose: It is the purpose of the neighborhood refinement plan to encourage the development of livable new neighborhoods that include a mix of uses, a high level of street connectivity, and are pedestrian oriented.

   B.   Applicability: A neighborhood refinement plan application may be filed for those areas designated as new neighborhoods on the development overlay map of the comprehensive plan and the zoning map (NRP) or any parcel of at least twenty five (25) acres.

   C.   Procedures:

      1.   A neighborhood refinement plan application shall be filed by property owners, authorized agents, or by the city of Pocatello and include all information listed on the application form. Plans submitted with the application shall, at a minimum, include the following information:

         a.   Location of arterial and collector streets;

         b.   Location of trunk lines for utilities;

         c.   Proposed open space areas;

         d.   Proposed park sites;

         e.   Proposed public facilities, if any;

         f.   Location and arrangement of proposed land uses.

      2.   Upon receipt of a complete neighborhood refinement plan application, a hearing date shall be set, notice of the hearing provided, and hearings held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.

      3.   After notice, the planning and zoning commission shall hold a hearing to consider the request and render a recommendation. The commission shall submit findings of fact and recommendations to the city council within forty five (45) days following the closure of the public hearing.

      4.   The city council shall hold a public hearing (as prescribed under section 17.02.300 of this chapter) within forty five (45) days of receipt of the planning and zoning commission's recommendation. Following the official closure of the public hearing the council shall complete their findings and issue a decision to approve, approve with conditions or deny the application within forty five (45) days of closure of the public hearing.

   D.   Criteria For Review: The planning and zoning commission and city council shall review the facts and circumstances of each proposal in terms of the following standards:

      1.   Unified property ownership of the subject area is not required; however, letters of authorization from each property owner must be provided.

      2.   The minimum development size shall be twenty five (25) acres.

      3.   A maximum of thirty percent (30%) greater density than that permitted by the underlying zoning district for residential uses may be allowed, in proportion to the amount of land dedicated for public uses and/or open space, up to a maximum of twenty percent (20%) dedication. This density increase shall be in the ratio of three to two (3:2), rounded to the nearest whole number. The land set aside shall be for public uses or open space and shall benefit the public health, safety, and general welfare including, but not limited to, the following purposes: natural drainageways; recreational trails; public parks; access to publicly owned land or parks; schools, or post offices; preservation of ridge tops and other scenic features; and preservation of natural vegetation.

      4.   Lot size averaging may be used provided that the overall density does not exceed the maximum number of dwelling units per acre allowed by the underlying zoning district, plus up to thirty percent (30%), for the residential portion of the NRP.

      5.   A maximum of twenty percent (20%) of the total development area may consist of office uses in residential areas.

      6.   A maximum of twenty percent (20%) of the total development area may consist of commercial uses in residential areas. Types and locations of such uses shall be reviewed and approved as part of the neighborhood refinement plan application process.

      7.   Any neighborhood refinement plan that includes a subdivision of land shall comply with all standards set forth by the subdivision ordinance of the city. Subdivision of land may not proceed until a proposed neighborhood refinement plan has been approved.

      8.   Adopted neighborhood refinement plans shall be recorded with the Bannock County recorder.

   E.   Amendments (Major And Minor): Amendments to an approved neighborhood refinement plan may be requested by owners of over fifty percent (50%) of the land area within the approved neighborhood refinement plan area. An approved neighborhood refinement plan may be amended by the following procedures:

      1.   Major Amendments: These shall conform to the standards of the original neighborhood refinement plan application process. Major amendments are as follows:

         a.   Change in the proposed land uses;

         b.   Change in the street pattern, including connectivity;

         c.   Increases in overall density or intensity of proposed uses;

         d.   Decreases in open space;

         e.   Any other proposed change deemed by the director to be a major change.

      2.   Minor Amendments: These shall be reviewed and approved by the site plan review committee. Appeal of the committee's decision may be made to the planning and zoning commission and shall follow the procedures of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. The following are considered minor amendments to a neighborhood refinement plan:

         a.   Increases in density that still comply with normal standards;

         b.   Minor changes in alignment of local streets;

         c.   Minor changes in property lines;

         d.   Changes in items such as, but not limited to, location of access lanes and sidewalk locations. (Ord. 3044, 2020: Ord. 2846 § 1, 2008)

   A.   Definition: A variance is a modification of the bulk and placement requirements of this title as to lot size, lot width, lot depth; front yard, side yard, rear yard setbacks; parking space requirements, height of buildings, or other ordinance provisions adversely affecting the development or use of property. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest.

   B.   Application: A variance application shall be filed with planning and development services and include all required information and payment of fees listed on the application form.

   C.   Hearings And Notices: Upon receipt of a complete variance application, a hearing date shall be scheduled, notice of the hearing will be provided, and a hearing will be held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.

   D.   Applicability: A variance shall concern only the modification of a basic use permitted outright or other development regulation pertaining to the applicable zoning district of the subject property under the current provisions of this title.

   E.   Authority To Grant: The hearing examiner may approve, approve with conditions, or modification, or deny an application for a variance. The decision may be appealed by the applicant or other affected persons according to the provisions of Idaho Code section 67-6521. Said appeal is to the city council pursuant to the process outlined in section 17.02.400, "Appeals", of this chapter.

   F.   Criteria For Review: The facts and circumstances of each proposal shall be reviewed, and a decision rendered, in the form of written findings of fact that address all of the following criteria:

      1.   The applicant shall have taken all reasonable steps to comply with the strict terms of the ordinance from which he or she requests the variance.

      2.   The variance sought must be the result of unusual physical characteristics of the site in question.

      3.   The circumstances surrounding the variance request shall be due to an undue hardship as related to the characteristics of the land, and the applicant shall show that, absent a variance, he/she would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of this title.

      4.   The undue hardship cited as the basis of a variance request did not result from the actions of the applicant, or the current, or a prior landowner, or any of their agents.

      5.   The applicant shall demonstrate that the proposed variance does not adversely affect adjacent/nearby property.

   G.   Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances.

   H.   Burden Of Proof: The burden of proof that the proposed variance complies with all of the variance criteria as described under subsection F of this section is the responsibility of the applicant. The applicant must support their case with substantial and competent evidence.

   I.   Variance Expiration: Authorization for an approved variance shall be valid for a period of two (2) years from the date of approval. The approval shall become null and void in the event implementation of the variance and all conditions is not established within a two (2) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved. The time period for an approved permit may be extended subject to subsection J of this section.

   J.   Time Extension: An applicant who has been granted a variance may request a time extension that is not to exceed an additional one (1) year period. A request for a time extension must be submitted in writing prior to the expiration of the approved variance permit. The director may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A time extension request that is denied by the director may be appealed pursuant to section 17.02.400 of this chapter. (Ord. 3132, 2023: Ord. 3044, 2020: Ord. 2931, 2014)

   A.   Purpose: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map.

   B.   Initiation Of An Amendment:

      1.   Private Property Owner Initiation: An owner of private property within the municipal boundary of the city of Pocatello or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to planning and development services.

      2.   City Initiation: The city council, planning and zoning commission or the planning and development services director may initiate action to amend the text of this title or to amend the zoning district map.

      3.   Annexation Of Land: The city shall apply the designation of a comprehensive plan district and a zoning district for land annexed into the city concurrent with the annexation process.

   C.   Application: An application for zoning map and/or ordinance text change must be filed with planning and development services and include all information and fees outlined in the application.

   D.   Hearings And Notices: Hearings and notices for ordinance text amendments and zoning map amendments shall be subject to section 17.02.300 of this chapter.

   E.   Criteria For Review: The planning and zoning commission and city council shall review the facts and circumstances of each proposal in terms of the following standards:

      1.   How the requested zoning at the location in question would be in the community's best interest;

      2.   How the list of uses permitted by the zoning ordinance would blend with surrounding land uses;

      3.   If the subject site is physically suitable for the type and intensity of land uses permitted under the proposed zoning district;

      4.   If the uses permitted in the proposed zoning district would be adequately served by public facilities and services such as thoroughfares, police and fire protection, drainage, refuse disposal, water, sewer, and schools, to ensure the public health, safety and general welfare;

      5.   If the uses permitted in the proposed zoning district would be compatible in terms of their scale, mass, coverage, density, and intensity with adjacent land uses;

      6.   Whether the proposed zoning designation is consistent with the comprehensive plan land use map designation.

   F.   Criteria For Zoning Ordinance Text Amendment: The planning and zoning commission and the city council shall review the facts and circumstances of a proposed amendment to the text of the zoning ordinance based on all of the following standards:

      1.   The proposed text amendment would be in the community's best interest.

      2.   The proposed text amendment is consistent with the existing provisions of the zoning ordinance.

      3.   The proposed text amendment is consistent with existing provisions of the comprehensive plan.

   G.   Planning And Zoning Commission Action: After notice, the planning and zoning commission shall hold a hearing to consider the request and render a recommendation. The commission shall submit findings of fact and recommendations to the city council within forty five (45) days following closure of the public hearing.

   H.   City Council Action: The city council shall hold a public hearing (as prescribed under section 17.02.300 of this chapter) within forty five (45) days of receipt of the planning and zoning commission's recommendation. Following official closure of the public hearing the council shall issue their findings within forty five (45) days of the hearing's closure.

   I.   Limitation On Resubmission: If the city council adopts a zoning classification pursuant to a request by a property owner that is consistent with the adopted comprehensive plan, the council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said individual property owner's request for a zoning district classification change, per Idaho Code 67-6511(d). Rezoning requests which have been rejected may not be refiled for twelve (12) months following city council action unless the council specifically waives the reapplication waiting period.

   J.   Contract-Zoning Agreements:

      1.   Appropriate Circumstances: As an alternative to denying a requested zoning or rezoning, when the city council deems such zoning or change of zoning to be inappropriate for an area due to the nature and variety of uses allowed in the requested zoning district and their impacts on the real property in question and the surrounding properties, the city council may elect to allow a specific project with a specific use and/or development scheme by terms of a contract-zoning agreement. Approval of any such agreement entered into pursuant to this chapter shall be deemed to conditionally zone or rezone the land solely for the uses set out in the agreement, provided all terms and provisions of the zoning contract are fully met.

      2.   Contract Option For Zoning Or Rezoning Requests: A contract- zoning agreement may be permitted or required at the discretion of the city council for the zoning or rezoning of any parcel(s) of property upon application of the owner or developer of the property, upon recommendation of the director, upon recommendation of the planning and zoning commission, or upon the council's own motion. Recommendation or decision to proceed by means of contract-zoning agreement may occur at any stage in the zoning or rezoning process.

      3.   Standards For Use Of Zoning Contracts: The execution of a contract-zoning agreement may be required in order for any project or zoning designation to proceed if, in the opinion of the city council, the project and/or zone contemplated is an appropriate use for the real property in general, but the zoning designation requested or required would allow undesirable or inappropriate land uses or development schemes for the real property in question or for the surrounding area, whether due to the nature of the use itself or due to its impacts on the surrounding area.

      4.   Procedures For Establishing Contract-Zoning Agreement Conditions: If the director determines that a contract-zoning agreement is appropriate for any zoning/rezoning request, he or she may recommend execution of such an agreement and forward such recommendation, along with proposed conditions, to the planning and zoning commission for consideration at its public hearing on the zoning/rezoning request. The applicant and/or the planning and zoning commission may also recommend this contract-zoning agreement procedure and propose conditions. The planning and zoning commission shall, after public hearing on the zoning/rezoning request, present its recommendation to the city council for: a) approval of a contract-zoning agreement with suggested conditions, or b) for outright approval of the zoning/rezoning request without execution of any agreement, or c) for denial of the request. At any stage of the proceedings, an applicant may propose conditions for the agreement and shall be given opportunity to comment on proposed conditions.

      5.   Form And Content Of Agreement: In the event a contract-zoning agreement is deemed appropriate by the city council, the developer or owner shall execute an agreement with the city that shall be reviewed and approved for form by the city attorney prior to final council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to council for its approval. Minimum provisions shall include:

         a.   Identification of use(s) to be allowed under the agreement.

         b.   Identification of development standards that shall be required under the agreement.

         c.   Planned implementation of improvements and planned construction/completion schedule.

         d.   Required surety for project completion if abandoned or otherwise uncompleted.

         e.   A provision that the owner/developer acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement.

         f.   A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land.

         g.   Any other matter required by the city council.

      6.   City Council Approval: Contract-zoning agreements may be approved at the sole discretion of the city council following a public hearing before the council on the related zoning/rezoning application. Following the hearing, the council shall set out the conditions it deems appropriate for inclusion in the contract- zoning agreement, which shall be prepared by the city attorney's office for execution by the developer/owner, and submitted to the council for final approval and execution within thirty (30) days of the public hearing. Provided, however, that no such agreement shall become effective until adoption and publication of the zone change ordinance. Following approval and execution by all parties of the contract-zoning agreement, the city clerk shall cause said agreement to be recorded in the office of the Bannock County clerk and recorder.

      7.   Duty To Comply: The owner(s), co-owner(s), developer(s), agent(s) of owner or developer, assignee(s) of owner(s) or developer(s) and all subsequent owners or developers of the real property that is encumbered by the contract-zoning agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall result in withholding of certificates of occupancy, execution of "stop work" orders, discontinuance of water service, and/or subject the real property to the provisions set out in the enforcement section that follows.

      8.   Modification Of Contract-Zoning Agreement: Modifications to contract-zoning agreements may be made at the sole discretion of the city council upon application of the owner/developer to the planning and development services department, after public hearing on the matter with notification to the owner/developer and general public as provided by state law and the provisions of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. Provided, however, that no application for modification may be accepted if the request is to allow a use that is not an outright or conditionally permitted use under the terms of the zoning ordinance for the zone established by the contract-zoning agreement.

      9.   Consideration Of Termination Of Contract And Reversion Of Zone:

         a.   Public Hearing: Upon notification to the city council by the director of noncompliance of a contract-zoning agreement, the council shall establish a date for a public hearing on said noncompliance. Written notice of said hearing shall be published in the local newspaper fifteen (15) days prior to the hearing and mailed to the owner/developer at his last known address. After the public hearing the city council shall adopt a written decision with appropriate findings, specifying whether the owner/developer is in compliance and continuing the agreement or whether the owner/developer is in noncompliance and terminating the agreement.

         b.   Effect Of Termination: In the event the agreement is terminated, the city council shall adopt an ordinance reverting the subject real property to its previous land use zoning district. All uses that are not consistent with the zoning district established by said ordinance shall cease and shall not be considered as legal nonconforming uses. The water service to the premises of said uses may be discontinued unless the owner/developer is applying for a conditional use permit for uses which are allowable by such permit under the zone established by said ordinance. If a conditional use permit is denied, the use shall cease, and water service may be terminated and not reinstated until a lawful use is established on the premises, and no certificate of occupancy shall be issued for structures unless a lawful use of said structures is verified through the planning and development services department.

      10.   Enforcement: Contract-zoning agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, termination of water service, injunctive relief, monetary damages, criminal penalties, and/or termination. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate. (Ord. 3044, 2020: Ord. 2931, 2014: Ord. 2846 § 1, 2008)

   A.   Authority: The director shall have the authority to make interpretations of the text of this title and the boundaries of zoning districts on the official zoning map.

   B.   Initiation: An interpretation may be requested by any person.

   C.   Procedures:

      1.   Submission Of Request For Interpretation: Before an interpretation may be provided by the director, a written request for interpretation must be submitted to the director in a form established by the director.

      2.   Rendering Of Interpretation: Upon receipt of a complete request for interpretation, the director shall review and evaluate the request in light of the terms and provisions of the zoning ordinance and/or the official zoning map, whichever is applicable, and render an interpretation. The director may consult with the city attorney and other city departments before rendering an interpretation.

      3.   Form: The interpretation shall be in writing and shall be sent or delivered to the applicant at the applicant's address on the request for interpretation. Interpretations that are not in writing shall have no force or effect. Interpretations shall be made on a case by case basis and have no precedential value. Interpretations shall be limited in their application to the property specifically identified.

      4.   Official Record: The director shall maintain an official record of all interpretations in the department. Such official record shall be available for public inspection during normal business hours upon written request.

      5.   Appeal: Appeals of any interpretation under this section shall be made in accordance with section 17.02.400, "Appeals", of this chapter.

   D.   Rules For Interpretation Of Boundaries: Interpretations regarding boundaries of zoning districts on the official zoning map shall be made in accordance with the provisions of this section.

      1.   District Regulations Extend To All Portions Of District: Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning map indicates that district standards and other district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.

      2.   Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the zoning map, the following rules shall apply:

         a.   Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys or rights of way shall be construed as following such centerlines as they exist on the ground, except where such interpretation would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

         b.   Boundaries indicated as approximately following lot lines, public property lines, etc., shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right of way and the zoning status of the street, highway, alley, or right of way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right of way. In the event of street vacation, interpretation shall be as provided in subsection D2a of this section.

         c.   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

         d.   Boundaries indicated as following the centerlines of streams, canals, or other bodies of water shall be construed as following such centerlines. In case of a change of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such movement would change the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel.

         e.   Boundaries indicated as following physical features other than those listed above shall be construed as following such physical features, except where such interpretation from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such manner as to avoid changing the zoning status of any lot or parcel.

         f.   Boundaries indicated as parallel to or extensions of features indicated in subsections D2a through D2e of this section shall be construed as being parallel to or extensions of such features.

         g.   Distances not specifically indicated on the official zoning map shall be determined by the scale of the map on the page of the official zoning map showing the property in question.

   E.   Division Of A Lot Of Record By A Boundary: Where a district boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reasonable use of the lot, the boundary may be adjusted by the director in either direction not to exceed fifty feet (50') beyond the district line into the remaining portion of the lot.

   F.   Nonregulated Land Transfers: Abutting portions of lots may be transferred to adjoining property owners without being subject to subdivision requirements; provided, however, that no such transfer shall imply or confer any right to develop, or create a new lot, create or increase a nonconformity of any nature whatsoever, or circumvent the intent or requirements of this code. (Note: This type of transfer is commonly known as a "lot line adjustment" even though the platted lot lines are not changed and cannot be changed except through platting.) (Ord. 3044, 2020: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of the land use and development review process is to ensure adequate opportunity for thorough review of development proposals.

   B.   Land Use And Development Subject To Review: The following land uses and development shall be subject to review:

      1.   All proposed uses or developments subject to a building permit, in all zoning districts.

      2.   All proposed uses involving land subdivision.

      3.   All proposed uses that change or alter the use of land or the use of existing structures on the land.

      4.   All uses in any zoning district subject to an overlay area.

      5.   All churches, schools, or other public or quasi-public use or development.

      6.   All planned unit developments and neighborhood refinement plans.

      7.   All land use and development matters subject to hearing examiner or planning and zoning commission review.

   C.   Information Required: All proposals for land use and development approvals must follow the appropriate protocol procedures and provide all information required by the protocols adopted and in use at the time the application is submitted. For land use and development proposals which require special permitting (subdivisions, rezoning requests, planned unit developments, annexation requests, conditional use permits, and variances), the appropriate land use application form and all materials required of that application also must be submitted by the deadlines as established by the director. (Ord. 2846 § 1, 2008)

   A.   Purpose, Application, And Public Notice Requirement:

      1.   Purpose: The purpose of this chapter shall be to provide interested persons an opportunity to be heard, to provide a clear and open decision making process, and to satisfy the requirements of Idaho Code.

      2.   Decisions And Public Hearings: All public hearings shall comply with the standards set forth by this chapter and the provisions of Idaho Code. Decision making responsibility for land use decisions and requirements for public hearings are set forth in the following matrix:

   DECISION AND PUBLIC HEARING MATRIX

H = Hearing before the review body

R = Recommendation by the review body

D = Final decision by the review body

 

      3.   Notification Procedures:

         a.   Variances: Prior to hearing a variance request, notice shall be provided to property owners adjoining the parcel under consideration. Notice shall also be posted on the premises. The posting of notice on the premises shall be accomplished according to Idaho Code and the notice to adjoining property owners shall occur at least fifteen (15) days prior to the hearing.

         b.   Conditional Use Permits, Rezonings, Neighborhood Refinement Plans, Planned Unit Development, Comprehensive Plan Amendment, And Annexation: Prior to hearing a conditional use permit, rezoning, planned unit development, or annexation request, notice shall be published in the newspaper of general circulation within the jurisdiction. Notice shall be posted on the premises as required by Idaho Code and shall be provided by mailing to property owners or purchasers of record within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered. All notices herein described will be provided at least fifteen (15) days prior to the hearing or as otherwise required by Idaho state code.

         c.   Vacation: Prior to hearing a vacation request (including plats, rights of way, and easements), notice shall be provided as required by Idaho State Code.

         d.   Certificate of Appropriateness; Commission Level Review: Prior to hearing a Certificate of Appropriateness, notice shall be published in the newspaper of general circulation within the jurisdiction. Notice shall be posted on the premises as required by Idaho Code and shall be provided by mailing to property owners or purchasers of record within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered. All notices herein described shall be provided at least fifteen (15) days prior to the hearing or as otherwise required by Idaho State Code.

         e.   Requirements For When Notice Required To Two Hundred Or More Property Owners: When notice is required to two hundred (200) or more property owners or purchasers of record, then the city, in lieu of posted or mailed notice, shall publish such notice twice in the “Idaho State Journal”

   B.   Applicant's Ownership Responsibility: No application shall be accepted without written evidence presented by the applicant that he or she possesses any of the following:

      1.   A freehold interest in the subject land;

      2.   An interest qualifying the applicant for exclusive possession of the land;

      3.   A contract interest specifically enforceable on the subject land.

   C.   Conduct Of Hearings And Standards For Oral And Written Testimony: The following rules and standards for hearings and testimony are created to establish and maintain control of the proceedings, and provide equal and reasonable opportunity for all to be heard:

      1.   Public Hearing: Public hearings shall include:

         a.   Hearing is opened by presiding officer.

         b.   Presentation by applicant.

         c.   Explanation of the subject of the hearing by city staff.

         d.   Submittal of written testimony.

         e.   Testimony from audience in favor of, against, and/or neutral on the proposal.

         f.   Rebuttal by applicant.

         g.   Questioning of involved parties by presiding body.

         h.   Closure of oral testimony from applicant and audience.

         i.   Discussion of hearing subject by presiding body; questions may also be directed to city staff and/or others during this period.

         j.   Conclusion of the hearing process.

      2.   Time Limitations On Hearing Testimony: The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing.

      3.   Standards For Oral Testimony: Oral testimony made at a public hearing shall comply with the following standards. If oral testimony fails to comply with these standards, it shall be permitted for the presiding officer to declare such testimony out of order and require it to cease.

         a.   Testimony, including questions, should be directed to the presiding body.

         b.   Testimony should directly address the subject at hand.

         c.   Testimony should not be repetitious with other entries into the record.

         d.   Testimony should not be personally malicious.

         e.   Testimony shall comply with time restrictions established by the presiding officer.

      4.   Standards For Written Testimony: Written testimony to be admitted at a public hearing shall comply with the following standards. If written testimony fails to comply with these standards, it shall be permitted for the presiding officer to declare such testimony inadmissible.

         a.   Written testimony containing more than two (2) pages must be submitted at least five (5) working days prior to the date of the pertinent public hearing.

         b.   Written testimony shall include the signature and address of the submitter.

         c.   Written testimony should address the issue at hand.

         d.   Written testimony should not be personally malicious.

         e.   Written testimony of less than two (2) pages may be submitted at a public hearing. The presiding officer may require an oral reading of such written testimony if deemed beneficial or if requested by a party interested in the proceedings.

   D.   Overrule Of Rulings By Majority Vote: Rulings made by the presiding officer of any board conducting a public hearing may be overruled upon a majority vote of the board members present.

(Ord. 3155, 2025: Ord. 3132, 2023: Ord. 3115 § 2, 2023: Ord. 3075, 2021: Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Purpose: The purpose of this section is to clarify procedures for appeals. Decisions made by the Director, Hearing Examiner, Historic Preservation Commission, or the Planning and Zoning Commission may be appealed by any person having standing to file an appeal under this code and Idaho Code section 67-6535, or as amended.

   A.   Establishment And Purpose:

      1.   Establishment: A site plan review committee (hereafter referred to as the committee) is hereby established to exercise those duties outlined in this chapter and those conferred directly by the city council. This committee shall also serve as the subdivision plan review committee referenced in title 16, chapter 16.12 of this code.

      2.   Purpose: The committee is to serve, protect, and promote the public interest by meeting to review conceptual land use and development requests prior to permitting and subject to this code to determine permissibility of subject use or development; apply standards and conditions to subject use or development; provide recommendations and assistance to developers and the general public; create or revise, as necessary, procedural protocols relating to land use and development; and respond to other unique situations of land use or development that may arise.

   B.   Membership: The site plan review committee membership shall include the following people or their designees: the building official, the water superintendent, the city engineer, the fire marshal, the street superintendent, the sanitation superintendent, the city attorney and the director, who shall serve as chair. Other members may be added as deemed necessary by the committee.

   C.   Duties: The committee shall meet to consider all land use and development applications as required by the adopted development protocols. Comments made at any meeting and/or the written synopsis shall not be considered permission to proceed with either site preparation or construction, nor is either a complete list of requirements for approval of a reviewed project. (Ord. 2896, 2011: Ord. 2846 § 1, 2008)

   A.   Establishment And Purpose:

      1.   Establishment: In accordance with Idaho Code 67-6520, the Pocatello city council hereby establishes the position of hearing examiner. The hearing examiner is authorized to exercise those powers adopted, amended, or repealed by the city council and as provided for in Idaho Code.

      2.   Purpose: The purpose of the hearing examiner is to provide professional review and make decisions on matters involving variances, conditional use permits, and sign exceptions.

   B.   Qualifications, Selection, And Meetings:

      1.   Qualifications: The hearing examiner shall be a professionally trained or licensed planner, engineer, architect, or other person with relevant professional training or experience, or shall have significant experience in the field of planning and zoning.

      2.   Selection: The hearing examiner shall be appointed and may be dismissed by the mayor with the consent of the city council. The hearing examiner may be compensated in accord with a schedule set by the city council.

      3.   Meetings: All meetings of the hearing examiner shall require proper notice and hearing as provided in section 17.02.300 of this chapter. A record of each meeting shall be created and retained in the planning and development services department. Meetings will be held as applications are received and according to the schedule maintained by the planning and development services department.

   C.   Duties And Required Findings Of Fact:

      1.   Duties: It shall be the duty of the hearing examiner to examine applications for conditional use permits, variances, and sign code exceptions. Within 10 business days following the hearing, the hearing examiner shall prepare a reasoned statement and make determinations for the applications set forth herein.

      2.   Required Findings Of Fact: Each application examined by the hearing examiner shall specify:

         a.   Appropriate facts of the application;

         b.   The ordinance(s) and standards used in evaluating the application;

         c.   The findings or reason for decision; and

         d.   The actions, if any, that the applicant could take to obtain approval or a permit in accordance with the city’s ordinances.

   D.   Staff Assistance: The planning and development services department shall provide staff assistance to the hearing examiners.

   E.   Conflict Of Interest Prohibited: Hearing examiners shall not participate in any proceeding or action when the member or member’s employee, employer, business partner, business associate, or any person related by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential conflict of interest in any proceeding shall be disclosed at or before any regular meeting at which the action is being heard or considered. (Ord. 3115 § 2, 2023: Ord. 2846 § 1, 2008)

   A.   Establishment And Purpose:

      1.   Establishment: In accordance with Idaho Code 67-6504, the Pocatello city council hereby establishes the planning and zoning commission (hereafter referred to as the commission). This commission is authorized to exercise those powers identified in title 67, chapter 65 of Idaho Code and those conferred directly by the city council.

      2.   Purpose: The commission is to serve as a citizen planning group for the city council. Their role is to make recommendations and decisions regarding land use, land use plans, planning processes, and matters of plan implementation.

   B.   Membership, Selection, Term And Rules, Records And Meetings:

      1.   Membership: The commission shall consist of seven (7) members, all of whom shall be residents of the city.

      2.   Selection: Commission members shall be appointed by the mayor and confirmed by majority vote of the city council. A member of the commission shall have resided in the city for at least two (2) years prior to appointment and shall remain a resident of the city during the term(s) of appointment. All commission members shall serve without compensation. The city council may authorize the reimbursement of costs for expenses incurred in the course of carrying out legitimate commission duties.

      3.   Term Of Office: The term of office for commission members shall be four (4) years. Terms shall be staggered to provide biannual turnover of no more than four (4) members at a time. No commission members shall serve more than two (2) consecutive terms without specific appointment by the mayor and ratification by the city council. Partial terms served due to vacancies shall not be counted as a complete term.

      4.   Rules, Records And Meetings: The commission shall, on a biannual basis, elect a chair and a vice chair. The chair, or in the chair’s absence the vice chair, shall be responsible for the conduct of the commission’s meetings. A majority of commission members shall constitute a quorum. The commission may adopt rules of procedure for the orderly transaction of business. A record of the commission shall be maintained of all business transacted at regular or special meetings. Meetings will be held as applications are received and according to the schedule maintained by the planning and development services department, and as required by the provisions of Idaho Code section 67-6504(c). Additional meetings may be convened if deemed necessary and when in compliance with all public notice requirements. Members of the commission with three (3) or more unexcused absences from scheduled meetings in any twelve (12) month period may be removed from the commission at the discretion of the mayor. An “unexcused absence” is defined as one for which the member has not notified the planning and development services department at least twenty four (24) hours in advance of the meeting.

   C.   Duties: It shall be the duty of the commission to:

      1.   Conduct a comprehensive planning process, as needed and in accordance with Idaho Code section 67-6508.

      2.   Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on issues of land use, land use plans, or land use ordinances/processes as necessary or when required by this title or state law. For purposes of this title, land use issues on which the commission may offer advice and make recommendations to the city council include, but are not limited to, rezoning requests, comprehensive plan or map amendments, and annexations. The commission is empowered to render final decisions on preliminary plats for subdivisions, with appeal to the city council as outlined in section 17.02.400, “Appeals”, of this chapter.

      3.   Advise and make recommendations to the city council regarding issues of land use, land use plans, and land use ordinances/processes.

      4.   Perform additional duties as may be assigned by the city council.

   D.   Staff Assistance: The planning and development services department shall provide staff assistance to the commission.

   E.   Conflict Of Interest Prohibited: In their appointments to the commission, the mayor and city council shall attempt to provide broad representation of areas of the city and a variety of interests. Commission members shall not participate in any proceeding or action when the member or member’s employee, employer, business partner, business, associate, or any person related by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential conflict of interest in any proceeding shall be disclosed at or before any regular meeting at which the action is being heard or considered. (Ord. 3115 § 2, 2023: Ord. 3044, 2020: Ord. 2846 § 1, 2008)

   A.   Commission Created; Appointment; And Terms:

      1.   The historic preservation commission shall consist of seven (7) members.

      2.   Members of the commission, at least five (5) of whom shall be residents of the city, shall demonstrate an interest, competence, or knowledge of historic preservation, and shall be appointed with due regard to the proper representation of such fields as history, architectural history, architecture, landscape architecture, urban planning, archaeology, and law. To the extent that such expertise is available in the city, at least two (2) members of the commission shall meet the Secretary of the Interior’s Professional Qualification Standards for one of the following the disciplines: History; Archaeology; Architecture; Architectural History; Historic Architecture; Historic Preservation Planning; or Historic Preservation. The City shall make a good-faith effort to locate and appoint such professionals.

      3.   Members shall be appointed by the mayor with the consent of the city council, and shall serve terms of three (3) years. Members may be reappointed upon approval of the council. Members of the commission with three (3) or more unexcused absences from scheduled meetings in any twelve (12) month period may be removed from the commission at the discretion of the mayor. An “unexcused absence” is defined as one for which the member has not notified the planning and development services department at least twenty four (24) hours in advance of the meeting.

      4.   Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term.

      5.   The members of the commission shall serve without compensation, but may be reimbursed by the city for approved expenses incurred in connection with their duties.

   B.   Commission Organization:

      1.   The commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this chapter, subject to approval by the city council.

      2.   The members of the commission shall choose officers who shall serve one year terms as chairman and vice chairman. The chairman shall preside at meetings of the commission. The vice chairman shall, in case of absence or disability of the chairman, perform the duties of the chairman.

      3.   All meetings of the commission shall be open to the public, and the commission shall keep a record of its resolutions, proceedings and actions. The commission shall meet at least monthly, and when applications are pending, within the time periods prescribed by this or other ordinances.

      4.   The planning and development services department shall provide staff assistance to the commission.

   C.   Commission Duties: The commission shall be advisory to the council and shall be authorized to:

      1.   Conduct surveys of local historic properties;

      2.   Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation;

      3.   Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the city;

      4.   Recommend the lease, sale, other transfer or disposition of historic properties;

      5.   Cooperate with federal, state, and local governments in the pursuance of the objectives of historic preservation;

      6.   Recommend the designation of historic districts and individual landmarks to the city council;

      7.   Recommend ordinances and otherwise provide information for the purposes of historic preservation in the city;

      8.   Promote and conduct educational and interpretive programs on historic preservation and historic properties in the city;

      9.   Enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the commission may enter any private property, building, or structure without the express written consent or physical presence of the owner or occupant thereof;

      10.   Under the procedures set forth in this chapter, review applications for certificates of appropriateness for new construction, alterations, signage, or demolition within designated local historic districts, and applications for historic building alteration certificates of appropriateness for historic properties or landmarks, and approve, approve with conditions, or deny the certificates, subject to appeal by the applicant to the city council;

      11.   Perform any other duties the council may deem appropriate.

   D.   Commission Funding: The city council may make funds available to the commission for grant matching purposes, or for projects deemed suitable by the council. The city treasurer may retain any such funds in a special account and any balances may be carried over to the next fiscal year if approved by the council. (Ord. 3115 § 2, 2023: Ord. 2846 § 1, 2008)

   A.   Mediation may be requested in writing by the applicant, an affected person, the planning and zoning commission or the city council. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body.

   B.   The applicant and any other affected persons objecting to the application shall participate in at least one mediation session if mediation is requested by the commission or the city council. The city council shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one mediation session if directed to do so by the governing board.

   C.   During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty-eight (28) days from the date of such request.

   D.   The mediation process may be undertaken pursuant to the general limitations established by this section.

   E.   The mediation process shall not be part of the official record regarding the application. (Ord. 3115 § 2, 2023)