The following procedures have been adopted pursuant to and consistent with Idaho Code title 50, and title 67, chapter 65. These provisions are intended to provide procedures that assure due process of law when applying for, but not limited to, the following:

A.

Annexation;

B.

Comprehensive plan change;

C.

Conditional use permit;

D.

Rezone;

E.

Subdivision;

F.

Variance.

All applications concerning annexations, comprehensive plan changes, rezones, or subdivisions shall first be considered by the planning commission and then by the city council. Conditional use permits and variances shall be considered by the planning commission only, except as provided for elsewhere in this chapter.

(Ord. 1061, 10-17-2001)

All matters concerning annexations, comprehensive plan changes, conditional use permits, rezones, subdivisions, or variances within the city limits or the area of city impact shall be presented to the planning commission, or the planning commission and city council, as required in this chapter, for consideration and approval or denial. Applications shall be made upon an application form furnished by the planning department.

(Ord. 1061, 10-17-2001)

Applicable fees shall be paid at time of filing a completed application. Application and deposit fees shall be set from time to time by resolution duly passed and adopted by the city council. Said fees shall be in addition to any other costs incurred in the processing of said application and subsequent actions complying with the statutes of the state or the Sandpoint code. Said costs shall include, but not be limited to, costs of mailing, postage, certifications and other costs, which shall be itemized by the city and paid by the applicant upon receipt of a statement for the same.

(Ord. 842, 6-15-1987)

A.

All applications for planning and zoning matters must be completed in full and presented to the planning department in the city hall five (5) weeks prior to the next regular meeting date of the planning commission.

B.

An application review meeting with the planning director is required prior to the consideration of a proposal by the planning commission.

C.

Once a completed application has been submitted to the planning department, the following procedures shall take place:

1.

The application will be placed on the agenda for the next regular planning commission meeting; or

2.

A forty (40) day period may be required by the planning department to assess the application and, if necessary, request additional information from the applicant. Any additional information requested shall be provided by the applicant within one hundred twenty (120) days of the request, and before the application is placed on the agenda for the regular planning commission meeting.

(Ord. 842, 6-15-1987)

A.

The planning commission shall hold at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction.

In the case of annexations, comprehensive plan changes, conditional use permits, rezones, subdivisions, and variances, notice shall also be provided to property owners within the land being considered; within three hundred feet (300') of the external boundaries of the land being considered; and within any additional areas that may be substantially impacted by the proposal as determined by the planning commission.

When notices are required to be sent to two hundred (200) or more property owners, the notice of public hearing published in the paper shall be considered adequate in lieu of mailed notices.

B.

Conduct of public hearing before the planning commission or city council as a hearing agency, and maintenance of records.

1.

Order of Public Hearing: Public hearings shall follow the order of events set forth below:

a.

Explanation of subject of the hearing by city staff.

b.

Presentation by applicant.

c.

Testimony from audience in favor and/or against proposal.

d.

Questioning of involved parties by the hearing agency.

e.

Closure of oral testimony from applicant.

f.

Discussion of hearing subject among hearing agency members. Questions may also be directed to city staff during this period.

g.

Conclusion of hearing process.

2.

Rules of Procedures:

a.

No person shall be permitted to testify or speak before the hearing agency at a public hearing unless such person has signed his name and written his residential address on sign up sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the chairperson to give evidence or information to the hearing agency.

b.

No person shall be permitted to speak before the hearing agency at a public hearing until such person is recognized by the chairperson.

c.

All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and complete.

d.

At the commencement of the public hearing, the hearing agency shall establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments.

e.

The hearing agency may suspend or amend any one or more of these rules by vote of one-half (½) plus one of the number of members of the hearing agency then in attendance.

3.

Standards for Oral Testimony: Oral testimony made at a public hearing shall comply with the following standards:

a.

Testimony shall directly address the subject at hand.

b.

Testimony shall not be repetitious with other entries into the record.

c.

Testimony shall not be personally derogatory.

d.

Testimony shall comply with time restrictions established by the hearing agency.

If oral testimony fails to comply with the aforementioned standards, the chairperson may declare such testimony out of order and require it to cease.

4.

Standards for Written Testimony: Written testimony to be admitted at a public hearing shall comply with the following standards:

a.

Written testimony containing more than two (2) standard, single-spaced typewritten pages must be submitted at least five (5) 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 shall address the issue at hand.

d.

Written testimony shall not be personally derogatory.

e.

Written testimony of less than two (2) standard, single-spaced pages may be submitted at the public hearing. The chairperson may require an oral reading of such written testimony if the chairperson deems it beneficial.

If written testimony fails to comply with the aforementioned standards, the chairperson may declare such testimony inadmissible.

5.

Records Maintained: The city clerk shall maintain records of all public meetings in the following manner:

a.

Transcribable verbatim recordings of the proceedings shall be maintained in conformance with Idaho Code 50-907.

b.

Originals of written submittals to the hearing record and copies of applications shall be maintained in conformance with Idaho Code 50-907.

c.

Minutes which catalog the occurrences at the public hearing shall be maintained as required by applicable sections of the Idaho Code.

6.

Copies of Official Records; Availability: Copies of material submitted for inclusion in the official record of a public hearing shall be available to interested parties upon payment of charges established by the city clerk for research and duplicating.

(Ord. 842, 6-15-1987; Ord. 1061, 10-17-2001)

Conditional use permits and variances may be granted only upon findings by the planning commission that the proposal meets all of the following criteria:

A.

Conditional Use Permit Procedures:

1.

Grant of Permit: A conditional use permit may be granted to an applicant if the proposed use is listed in the Sandpoint Code as a conditional use, and if it is not in conflict with the comprehensive plan.

2.

Application: Application for a conditional use permit shall be made to the planning department as provided for in this chapter.

3.

Contents of Application: A conditional use permit request shall not be heard by the planning commission unless and until an application for a conditional use permit has been submitted to the planning department and the planning commission containing the following:

a.

Name, address and telephone number of the applicant.

b.

Legal description of the property.

c.

Proof of ownership.

d.

Signature of legal title holder approving the application.

e.

The name and addresses of all adjoining property owners within three hundred feet (300') of the external boundaries of the subject property, provided on a separate sheet of labels.

f.

A vicinity map at the scale of one hundred feet to the inch (1" = 100') showing the current land segregations and existing land use within three hundred feet (300') of the subject property.

g.

Eight (8) copies of the following plans (suggested scale: 1" = 20'):

(1)

Site plans showing the location and dimensions of all building setbacks, road frontage, curb cuts, circulation patterns, loading service areas, parking, sidewalks, landscaped areas, signs, lighting, easements, utilities and drainage patterns and listing the total open space area, impervious surfaces, lot size and total building floor area.

(2)

Floor plans, elevations - front, side and rear - and property lines and roof line dimensions.

(3)

Narrative stating the previous use of the site and intended use to include hours of operation, number of employees, system for delivery of materials and nature of business.

h.

A narrative statement demonstrating in what ways the request conforms or does not conform to the following standards:

(1)

Will, in fact, constitute a conditional use as established on the official schedule of regulations for the zoning district involved.

(2)

Will be harmonious with and in accordance with the general objectives, or with any specific objective of the comprehensive plan and/or applicable sections of the Sandpoint Code.

(3)

Will be designed, constructed, operated and maintained to be harmonious and appropriate with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

(4)

Will not be hazardous or disturbing to existing neighboring uses.

(5)

Will be served adequately by essential public services and utilities such as highways, streets, police and fire protection, drainage systems, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service or utility.

(6)

Will not create excessive additional requirements at public cost for public services and utilities and will not be detrimental to the economic welfare of the community.

(7)

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reasons of traffic, noise, smoke, fumes, glare or odors.

(8)

Will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public roads.

(9)

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

4.

Compliance Required: A conditional use permit shall not be granted or denied unless the planning commission makes specific findings of fact based directly on the particular evidence presented to it as to whether the above-mentioned standards and conditions have been met by the applicant.

5.

Supplementary Conditions and Safeguards: In granting any conditional use, the planning commission or city council may prescribe appropriate conditions, bonds and safeguards in conformity with this section. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this section.

6.

Action By The Planning Commission: Upon granting of a special use permit, conditions may be attached to a conditional use permit including, but not limited to, the following:

a.

Minimizing adverse impact on other development.

b.

Controlling the sequence and timing of development.

c.

Controlling the duration of development.

d.

Assuring that development is maintained properly.

e.

Designating the exact location and nature of development.

f.

Requiring the provision for on-site or off-site public facilities or services.

g.

Requiring more restrictive standards than those generally required in an ordinance.

Prior to granting a special use permit, studies may be required of the social, economic, fiscal and environmental effects of the proposed special use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another.

7.

Commencement of Work: The proposed work shall commence within one year following the date of planning commission or city council approval of the conditional use permit and shall be diligently pursued or said approval and permit shall be rendered automatically null, void and of no right or recourse.

8.

Payment of Fees: An application shall not be processed until all required fees are paid in full.

B.

Variance Permit Procedures:

1.

Recommendations: The planning commission may recommend in specific cases such variance from the terms of this code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the terms and provisions of the Sand point Code would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience of profit, but only where strict application of the provisions of this Code would result in unnecessary hardship.

2.

Supplementary Conditions and Safeguards: Under no circumstances shall the planning commission or city council consider a request for variance after issuance of a building permit or grant a variance to allow a use not permissible under the terms of this code in the district involved for any use expressly or by implication prohibited by the terms of said ordinance in said district. Upon hearing a variance request, the planning commission may prescribe appropriate conditions and safeguards in conformity with applicable ordinances. Violation of such conditions or safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of such ordinances.

3.

Contents of Application: A variance from the terms of this code shall not be heard by the planning commission unless and until an application for a variance is submitted to the planning department and the planning commission containing the following:

a.

Address, name and telephone number of applicant.

b.

Legal description of the property.

c.

Description of nature of variance requested, consisting of:

(1)

The names and addresses of all adjoining property owners within three hundred feet (300') of the subject property, listed on a separate sheet of labels.

(2)

A copy of a preliminary title report or title insurance policy for the proposed site.

(3)

A vicinity map at the scale of one hundred feet to the inch (1" = 100') showing the property owners and existing land use within three hundred feet (300') of the proposed site.

(4)

Nine (9) copies of a site plan drawn to scale which shows the property under consideration, location of all improvements and the specific information concerning the requested variance.

(5)

A narrative statement demonstrating that the requested variance conforms to the following standards:

(A)

That special conditions and circumstances exist which are peculiar to the land, structures or buildings in the same district.

(B)

That a literal interpretation of the applicable sections of this code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this code.

(C)

That special considerations, conditions and circumstances do not result from actions or desires of the applicant, and,

(D)

That granting the variance requested will not confer on the applicant any special privileges that are denied by this code to other land, structures or buildings in the same district.

4.

Action By The Planning Commission: A variance shall not be granted or denied unless the planning commission makes specific findings of fact and conclusions as to whether the above mentioned standards and conditions have been met by the applicant.

5.

Commencement of Work: The proposed work shall commence within one year following the date of planning commission or city council approval of the variance or said approval and permit shall be rendered automatically null, void and of no right or recourse.

6.

Payment of Fees: An application shall not be processed until all required fees are paid in full.

C.

Notification: Upon granting or denying an application for a conditional use permit or variance, the planning director shall notify the applicant in writing of the planning commission decision and shall specify the following:

1.

The applicable sections of this code and standards used in evaluating the application.

2.

The reasons for approval or denial based upon compliance or noncompliance with the established criteria and findings of fact for which the action was taken.

3.

The conditions of approval, if any, which the applicant may take to obtain a permit.

The planning director shall transmit the record of the planning commission's action to the city council within five (5) days after the public hearing.

(Ord. 842, 6-15-1987; amd. Ord. 1386, 4-21-2021)

The planning commission shall act on an application within sixty (60) days of filing. The planning commission may continue the public hearing or table an application for not more than thirty (30) days or until their next regular meeting, whichever comes first, at which time a decision shall be made to approve, conditionally approve or deny the application. A longer period of time not to exceed six (6) months may be required when climatic conditions make it necessary to delay the planning commission's decision. In such event, notice shall be provided as specified herein.

(Ord. 842, 6-15-1987)

The planning commission's decision shall not become effective until the ten (10) day appeal period has lapsed. No building or other permit shall be issued during this period.

(Ord. 842, 6-15-1987)

A.

Following the hearing for annexations, comprehensive plan changes, zone changes, and subdivisions, the planning commission shall take one of the following actions:

1.

The planning commission shall make a recommendation to the city council at the first regular council meeting following the planning commission's hearing. The recommendation shall state specifically on what grounds or statutes said recommendation is based; or

2.

The commission shall postpone consideration of the application to consult with its advisors and staff to make a recommendation to the city council within forty (40) days after such hearing.

B.

The city council shall review the recommendation and information presented by the planning commission at the first regular council meeting, or a special council meeting called for that purpose, following the planning commission's hearing. Public hearings in the case of annexations, comprehensive plan changes, zone changes and subdivisions shall be held according to Idaho Code 67-6509(b) and as provided by this chapter. The city council shall then take one of the following actions:

1.

Concur with the recommendation of the planning commission if said commission's finding is deemed accurate and correct and grant the application, and, where action requires an ordinance to be adopted by the city council, proceed according to Idaho Code section 50-902.

2.

Postpone consideration of the application to consult with the planning commission and its advisors and staff so that, within forty (40) days, after hearing the planning commission's recommendation, the application shall be approved, conditionally approved, or denied.

3.

Deny the application.

C.

If the city council declines to follow the recommendation of the planning commission, the council shall provide, in writing to the planning commission, within fifteen (15) days following the decision, its findings of fact and conclusions by which the recommendation was not followed.

D.

Upon granting or denying an application, the city council shall specify the following:

1.

The applicable sections of this code and standards used in evaluating the application.

2.

The findings of fact and conclusions for approval or denial.

3.

The actions, if any, that the applicant may take to obtain a permit.

E.

Within 15 days of the decision of the city council, said council shall provide the applicant with written notice of the action taken on the request.

F.

If no action is taken by the city council within forty (40) days of hearing the recommendation of the planning commission or a specified delay has not been agreed upon by the applicant, the application shall be deemed approved.

(Ord. 1061, 10-17-2001)

A.

Appeal From Planning Commission Decision:

1.

Notice of Appeal: An affected person aggrieved by the decision of the planning commission may file a written notice of appeal with the planning department or city council. Such notice must be filed within ten (10) business days after the planning commission's decision and shall clearly state the basis on which such person is an affected person as defined in Idaho Code 67-6521, and the grounds for appeal. An appeal from an action of the planning commission shall automatically stay the issuance of a building or other permit until such appeal has been decided by the city council.

2.

Fees for Appeal: The fees for an appeal from the planning commission's decision shall be set at the discretion of the city council by resolution duly passed and adopted by the city council.

3.

Public Hearing On Appeal: The city council shall hold a public hearing on an appeal pursuant to the procedures as provided in this chapter at a regularly scheduled city council meeting, or at a special meeting called for that purpose.

B.

Appeal From City Council Decision: The decision by the city council shall constitute the final decision. An affected person aggrieved by the decision may, within twenty-eight (28) days of the decision rendered, seek judicial review of the council decision under the procedures provided in Title 67, Chapter 65, Idaho Code.

(Ord. 842, 6-15-1987; Ord. 1365, 7-3-2019)

A.

Purpose: A development agreement (the "agreement") is a discretionary tool to be used by the planning commission (the "commission") and city council (the "council"). The agreement will allow a change in the zoning for a specific project, with a specific use, to be developed on property in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of the agreement, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone.

B.

When Permitted or Required: An agreement may be permitted or required at the discretion of the commission or council when considering a request for a rezone. An agreement when permitted or required, shall be initiated through one of the following methods:

1.

On request by the developer;

2.

On recommendation of the planning director (the "director"); or

3.

As required by the commission or council.

a.

The council or commission may require that an agreement be executed prior to allowing a particular project to proceed. An agreement may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the specific project presented may have a value to the community which could otherwise be allowed through the use of an agreement.

b.

In the event, during the rezoning process, the council or the commission determines that an agreement should be considered;

(1)

The commission shall retain jurisdiction of the matter until its recommendation concerning the agreement is given to the council. The commission shall defer consideration of the rezone and set a time limit for submittal of the agreement. The commission shall then proceed as specified in this section.

(2)

In the event of a determination by the council that an agreement should be drafted, the council shall remand the matter back to the commission for consideration. The council may give specific direction to the commission as part of the remand.

(3)

In the event of subsections 9-9-11B3b1 and b2 above, all time limits required by the Sandpoint Code may be stayed, upon affirmative vote of the commission or council.

C.

Form of Agreement: The agreement shall be in a form as required by the director and shall, as a condition of consideration by the director, commission or city council, include all of the following:

1.

An affidavit by the owner of the property agreeing to submission of the use and property for an agreement.

2.

The legal description of the property in question.

3.

The specific present use or uses of the property in question.

4.

The permitted or conditional use desired and the proposed zone.

5.

A concept plan for the property as provided by this chapter. In addition to those items required by this chapter, the concept plan shall include but not be limited to:

a.

A description of the density allowed and requested.

b.

Maximum height, size, and location of all the structures proposed.

6.

The construction schedule, including the projected occupancy date.

7.

Type and color of materials used.

8.

A statement acknowledging that failure to comply with the agreement shall constitute a consent to rezone the property to the pre-existing zone or; in the case of the pre-existing zone being an initial zone at annexation, a zone deemed appropriate by the commission and council.

9.

Any other information as requested by the council, commission, or director.

D.

Approval of The Agreement:

1.

The agreement may be approved at the sole discretion of the council after a public hearing. The public hearing shall follow the public hearing procedures of this chapter.

2.

The commission or council may revise the agreement by adding to it conditions, terms, duties, or obligations to the agreement.

3.

The agreement must be approved by the council as a resolution, only after approval of the agreement by the city attorney.

E.

Procedure After Approval of The Agreement: Following approval of the agreement by the city council, the full agreement shall be recorded in the Bonner County Recorder's office, Bonner County, Idaho, at the expense of the developer. The agreement shall run with the land and shall be considered continuing obligations of the owner, co-owners or subsequent owners of the property. Use of the property and compliance with the agreement shall be reviewed and approved by the director prior to the issuance of an occupancy permit.

F.

Duty To Comply With Agreement: Each owner, co-owner or subsequent owner of property which is subject to an agreement adopted pursuant to this section shall comply with the agreement.

G.

Modification of Agreement:

1.

The agreement may be modified only after public hearing by the council.

2.

No modification of the agreement may allow a use or condition on the property that is not permitted within the zone.

H.

Amendment or Termination of Agreement Upon Breach:

1.

In the event of a breach of the agreement by the developer, or the developer's successor in interest, the agreement may be amended or terminated by the council without the consent of the breaching party. Such amendment or termination shall take place after a public hearing in compliance with the public hearing procedures of this chapter, at which time testimony shall be taken to resolve the issue with the agreement.

2.

Upon termination of the agreement, following the public hearing the property shall, upon an affirmative vote of the council, revert to the pre-existing zone, or in the case of the pre-existing zone being an initial zone at annexation, a zone deemed appropriate by the commission and council. All uses of the property which are not consistent with such pre-existing zone following termination of the agreement shall cease. The owner of the property may apply for a conditional use for the property if such use is conditional within such pre-existing zone after compliance with the terms of this chapter.

I.

Enforcement of Agreement: The agreement may be enforced by the council through any means deemed to be appropriate, including, but not limited to, specific enforcement injunctive relief, damages or criminal penalty for violation of this section. The enforcement options available to the council shall be considered cumulative.

(Ord. 910, 11-18-1991)