A.   Administrative Processes:

      1.   Duties And Authorities:

         a.   Planning And Zoning Commission: The commission shall be the designated planning body for the city pursuant to Idaho Code 67-6504 and title 2 of this code. The commission shall be responsible for making recommendations to the council on land use planning matters contained in this title and other matters as requested by the council.

         b.   Planning And Zoning Administrator: The administrator shall be the individual or individuals designated by the city to issue permits, collect fees and process applications under this title.

         c.   Summary Of Actions: The following table is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and the reference to the process under which the action shall be taken unless otherwise required by Idaho Code.

TABLE A-1

AUTHORITIES AND PROCESSES

 

 

 

      2.   General Application Process:

         a.   Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this title unless otherwise required by Idaho Code.

         b.   Application Requirements:

            1.   All requests for permits and decisions in accordance with this title shall require submission of an application to the administrator on forms approved and provided by the administrator.

            2.   At a minimum, the application shall require the following information:

               (A)   Name, address and contact information of the applicant and the applicant's representative;

               (B)   Proof of current ownership in the property which is subject of the application or signed letter of authorization from the property owner for making application;

               (C)   Legal description of the property; and

               (D)   Statement of project intent for making the application.

            3.   Some requests for permits and decisions shall require additional application information as determined by the administrator.

            4.   The administrator may allow some information to be submitted in an electronic format.

            5.   All applications shall be accompanied by a nonrefundable filing fee in the amount set forth herein or established by resolution.

            6.   The applicant shall also pay for all direct costs associated with processing the application including, but not limited to, plan review, postage, and the preparation of any necessary reports and findings. If the applicant fails to pay the city fees on a timely basis, the city may suspend or if deemed appropriate, terminate the processing of the application. The applicant may be required to sign a reimbursement agreement at the request of the city.

         c.   Determination Of Completeness:

            1.   An application shall contain all information deemed necessary by the administrator to determine if the proposal will comply with the applicable requirements of this title.

            2.   Within thirty (30) days of receipt of an application, or such later time, but not to exceed sixty (60) days, as reasonably appropriate consistent with staff or consultant workloads, the administrator shall certify the application as complete for review or require additional information be submitted.

            3.   After the application is certified as complete, the council, commission, or administrator may require applicants to submit additional information and materials.

            4.   No further action shall be taken on the application until such additional information and materials have been submitted. If the additional information is not submitted within thirty (30) days from the administrator's request, or the date mutually agreed upon by the applicant and the administrator, the application will be returned to the applicant.

            5.   The administrator shall issue a notice of application acceptance and completion either by letter to the applicant or by public notice of the pending public hearing or action on the application.

            6.   The administrator shall begin processing the application once the application is deemed complete.

            7.   If at any time during the processing of the application, the administrator, the planning and zoning commission or the city council requests additional information, documents or prepayment of costs from the applicant and the requested materials are not submitted within sixty (60) days from the request, or the date mutually agreed upon by the applicant and the city, the city may suspend or if deemed appropriate, terminate the processing of the application.

      3.   Public Hearing Process:

         a.   Purpose: The purpose of this subsection is to outline the specific application process for actions that require a public hearing unless otherwise required by Idaho Code.

         b.   Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements, as set forth in table C-1 of this section, and the following relevant procedures:

            1.   Radius Notice: For applications that require radius notice:

               (A)    Addresses: At least twenty (20) days prior to the public hearing, the applicant shall submit a current list, compiled by a title company, of the addresses of all property owners required to be notified of the public hearing.

               (B)    Notice By Mail: At least fifteen (15) days prior to the public hearing, the city shall send the public notice of the time, place and description of the application by first class mail to the property owners required to be notified of the public hearing.

               (C)    Special Use Permit For Height: Where a special use permit is requested by reason of height allowance, notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the allowed height of a structure when more than one hundred feet (100') and, when four hundred feet (400') or more, the structure's proposed location and height shall be stated in the notice.

               (D)    Vacation: In the case of vacation requests, radius notice shall be sent by certified mail.

               (E)    Alternate Mailing Notice: When mailed notice is required to two hundred (200) or more property owners, alternate notice may be provided by a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper at least fifteen (15) days prior to the hearing date.

            2.   Publication: For applications that require publication, the administrator shall provide a public notice of the time, place, and description of the application in the official newspaper of general circulation at least fifteen (15) days prior to the public hearing except as provided below:

               (A)    Vacation Requests: Legal notice shall be published once a week for two (2) successive weeks, the last of which shall not be less than seven (7) days prior to the public hearing.

               (B)    Comprehensive Plan Amendment: If the commission recommends a material change to the plan after the public hearing, the public notice for the council hearing shall include the commission's recommendation.

            3.   Posting On Site: For applications that require posting on site, a public notice on a form provided shall be posted by the city on all external boundaries of the site for which the permit is sought. The notice shall be posted not less than seven (7) days prior to the public hearing.

            4.   Agency Notification: For applications that require agency notice, at least fifteen (15) days prior to the public hearing, the city shall give notice to all political subdivisions providing services, including the school district. The administrator may transmit the notice, application and other documents submitted for review and recommendations to departments and other agencies and community organizations as deemed appropriate.

TABLE C-1

PUBLIC NOTICING REQUIREMENTS

 

         c.   Planning And Zoning Commission Public Hearing:

            1.   Hearing Date: Within sixty (60) days of receipt of an application certified as complete, or as reasonably appropriate consistent with staff or consultant workloads, the commission public hearing shall be conducted. Notwithstanding such certification, the commission may extend the time provided for review and action by making a finding that additional materials and/or information are required due to the complexity of the application or for other reasons deemed appropriate.

            2.   Consent Agenda: The commission may place any application on the consent section of the commission agenda. An application placed on the consent agenda shall be reviewed by the commission chairperson and a staff member. During the meeting, the chairperson may recommend that the consent agenda application(s) be approved, including any conditions and findings of fact; or, if there are any written or oral comments regarding an application, and if the chairperson determines that the application should be considered by the entire commission, then the application shall be heard under the new business section of the commission agenda.

            3.   Public Hearing:

               (A)    The commission shall hear all persons interested in an application at the duly noticed public hearing.

               (B)    Written statements, mailed or hand delivered to city hall during or in advance of the public hearing, shall be entered into the record of the hearing.

               (C)    The applicant shall offer competent evidence in support of the application sufficient to enable the commission to consider the matter and to make findings on the subject.

               (D)    The applicant has the burden of providing all necessary and relevant information and evidence in support of the application.

            4.   Commission Action:

               (A)    After hearing the evidence and considering the application, the commission shall make its decision or recommendation.

               (B)    The commission shall report the facts upon which it based its conclusion, the ordinances and standards used in evaluating the application, the actions, if any, that the applicant could take to obtain approval, and make a decision or recommendation of approval or disapproval.

               (C)    The commission shall make its findings and decision or recommendations within thirty five (35) days from the date of the public hearing, unless the commission determines that additional time is required to properly evaluate the application.

            5.   Commission Transmittal: Upon the recommendations of approval or disapproval by the commission, the application, together with a complete copy of the commission's findings and decision or recommendations, shall be transmitted to the council.

         d.   Council Action:

            1.   Public Hearing: Within thirty (30) days of the receipt of the commission recommendations, the city shall decide whether or not they wish to hold a public hearing.

               (A)    A public hearing by the council is required for comprehensive plan amendments and annexation proceedings if the commission recommends a material change to the plan or annexation proposal after the public hearing and does not hold a second public hearing or if the council makes a material change in the recommendation or alternative options contained in the recommendation by the commission. In all other cases, the decision to hold a public hearing is at the discretion of council.

               (B)    The public notice shall be made in the same manner in which the hearing was noticed before the commission, unless otherwise required by the local land use planning act, Idaho Code section 67-6501 et seq.

               (C)    At the hearing before the council, the council shall consider the record and report of the commission and shall hear all persons interested in the application.

               (D)    Written statements, mailed or hand delivered to city hall and received during or in advance of the public hearing, shall be entered into the record of the hearing.

               (E)    The applicant shall offer competent evidence in support of the application sufficient to enable the council to consider the matter and to make findings on the subject.

               (F)    The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.

            2.   Council Decision: Upon conclusion of its review, the council shall take action on the application and adopt its findings of fact and conclusions by the next regular scheduled meeting unless the council determines that additional time is required to properly evaluate the application.

               (A)    In its decision, the council shall base its findings upon record and report the commission and, if taken, testimony presented before it.

               (B)    The council may adopt, modify with conditions, or reject the recommendations of the commission or remand the application to the commission for additional proceedings and findings.

               (C)    The council finding of facts and conclusion shall specify the ordinance and standards used in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval.

      4.   Expiration Of Approvals:

         a.   Expiration: All application approvals shall expire three hundred sixty five (365) days from the date of approval unless:

            1.   The permitted activity is initiated on the site within three hundred sixty five (365) days of approval, or

            2.   By condition of approval or development agreement, a time period for completion of the application has been specified.

         b.   Extension: An extension may be granted by the administrator upon finding that the application and/or applicable city regulations have not changed. Such extension must be applied for within sixty (60) days of the expiration date for the original approval; only one extension of not more than three hundred sixty five (365) days shall be granted by the administrator or for a maximum of three (3) years by action of the council.

   B.   Application Fees: Application fees shall be as established by resolution of the city council and amended from time to time.

   C.   Adoption Of Application Form: The designated application form shall be completed by the applicant and shall be filed with the administrative official, together with the fees required according to the schedule set forth above, at least ten (10) days prior to the next planning and zoning commission meeting at which the commission shall review the application in accordance with this section.

   D.   Amendment Of Fee Schedule: The fee schedule set forth above may be amended by resolution of the city council, upon recommendation from the planning and zoning commission. (Ord. 2011-677, 6-13-2011; amd. Ord. 2015-702, 5-11-2015; Ord. 2023-776, 12-21-2023; Ord. 2024-781, 10-15-2024)

   A.   Authorization: Only the building inspector is duly authorized to issue permits and/or certificates except as herein provided in the jurisdiction of the planning and zoning commission.

   B.   Building Permits:

      1.   Required: Building permits must be obtained for the erection of any building and/or structure not previously existing; for any alteration of an existing building and/or structure, excavation or filling of land; and for parking of any qualifying mobile home.

      2.   Form: Every application for a building permit shall be filed in duplicate on a form provided by the building inspector.

      3.   Application: Each application shall fully set forth the purposes for which the building, structure or land is proposed to be used and shall be accompanied by a plat drawn to scale showing:

         a.   The lot(s) upon which the building is proposed to be erected, or on which it is situated, if an existing building.

         b.   Lot dimensions, lot and block numbers and subdivision or addition name.

         c.   Names and widths of abutting roads or streets.

         d.   Locations, dimensions and uses of existing buildings or structures on the lot.

         e.   Locations, dimensions and proposed use of the building for which the permit is sought and use of land in connection therewith.

         f.   Dimensions of yards in relation to the building for which the permit is sought and the distance of the proposed building on the same lot, or any other distances that may be required in accordance with the provisions of the zones in which the building use and/or structure is to be located.

         g.   North point and scale.

         h.   Plat shall be certified for applications for building permits for construction of new buildings and/or structures and for parking a manufactured home in an area where construction of new buildings and/or structures or parking of a manufactured home has not previously existed and/or no survey has ever been recorded.

      4.   Fees:

         a.   Permit Fee: Fees for building permits shall be such as to compensate the city for its incurred expenses in such areas as advertising costs, form costs, building inspector cost and/or procedural costs.

         b.   Additional Fees: All fees, such as water and sewer hookup fees and mobile home fees, must be paid to the city clerk at the time application is made.

      5.   Term Of Permit: Work for which a building permit has been issued must commence within six (6) months after the date of such issuance and must be completed within one year after the date of such issuance. An issued building permit is no longer valid during other than the above listed time periods.

      6.   Rejection Of Application: In the event of rejection of a building permit application, said applicant will be informed of the reasons for the rejection in writing from the building inspector; in addition, any fees and/or bonds paid will be refunded returned.

   C.   Certificate Of Occupancy:

      1.   Certificate Required: A certificate of occupancy shall be obtained from the building inspector for any of the following:

         a.   Occupancy and use of a building and/or structure for which a building permit was obtained.

         b.   Change in use of an existing building, except to another use of the same type.

         c.   Occupancy and use of vacant land except for any use consisting primarily of tilling the soil.

         d.   Any change in use of a nonconformity.

      2.   Required Information: Every application for an occupancy permit shall contain the information required on an application for a building permit, or may make reference to the information contained on a building permit issued in advance of an occupancy permit.

   D.   Appeal: Any decisions of the building inspector may be appealed to the city council through the planning and zoning commission. (Ord. 2011-677, 6-13-2011)

   A.   Enforcement Procedure:

      1.   It shall be the duty of the planning administrator to enforce the provisions of this title. The city shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the provisions of this title and other applicable provisions of this code, with the following exceptions:

         a.   When the purpose of the permit is to correct a violation of this title or other city ordinances; or

         b.   To allow for the repair or replacement of structures damaged as a result of a natural disaster pursuant to resolution of the city council, but only to the extent necessary to remedy damage actually or proximately caused by the natural disaster. This shall not constitute a waiver or estoppel of the city's ability to enforce any violations of this title, or of any other provision of this code, existing on any parcel.

      2.   Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the planning administrator may issue a notice of violation and order any work stopped by written notice. Such notice of violation or stop work order shall be served on any persons engaged in doing or causing such work to be done, and persons shall forthwith stop such work until authorized by the planning administrator to proceed. "Served", as used in this section, shall include, but not be limited to, hand delivered by an employee or designee of the city, posted on a prominent place on the subject property, or mailing to the property owner of record.

      3.   A copy of the notice of violation or stop work order, if applicable, shall be mailed to the property owner of record and any other known holder of any legal interest in the property as follows:

         a.   Notices of violation and stop work orders shall be mailed as follows:

            (1)   Initial notices of violation in which no stop work order has been issued may be mailed via first class mail.

            (2)   Stop work orders and associated initial notices of violation shall be mailed via certified mail, return receipt requested.

            (3)   All notices of violation recorded in the office of the Benewah County recorder shall be sent via certified mail, return receipt requested.

         b.   The notification shall include:

            (1)   The property owner and the legal description of the parcel;

            (2)   A detailed description of the nature of the violation;

            (3)   A detailed description of all remedial actions that must be undertaken to resolve the violation; and

            (4)   The length of time allotted to resolve the violation.

      4.   The property owner shall have forty-five (45) days from the date the notice of violation was mailed to resolve the violation. If the violation is not cured or an agreement reached with the city on an alternate timeframe for resolution within the forty-five (45) days, the notice of violation shall be filed in the office of the county recorder, with a copy mailed to the owner via certified mail.

      5.   The notice of violation or stop work order shall also advise the owner of the process for appeals of notices of violation and stop work orders. An owner or a holder of any legal interest in the property may appeal a notice of violation or stop work order pursuant to title 11, chapter 11. The appeal shall be heard in accordance with said chapter. If the appeal is denied (i.e., the action is affirmed), the city council shall specify an exact number of days to gain compliance with this title before the notice of violation is recorded and may add or remove conditions of remedial action. If the appeal is approved (i.e., the action is reversed), the city council shall specify actions to be taken by the planning administrator to release the violation.

      6.   Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule unless the enforcement action was reversed by the city or a court of competent jurisdiction. Upon payment of such fees or a determination that payment of fees is not necessary, the planning administrator shall cause a release of notice of violation to be recorded in the office of the county recorder. The release shall contain all of the information contained in the notice of violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner, via certified mail, return receipt requested.

   B.   Violations: Any person may file a written complaint alleging that a violation of this title has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the city clerk. The planning administrator shall investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this section.

   C.   Penalties: Penalties for failure to comply with or violations of the provisions of this title shall be as follows:

      1.   Violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor punishable as set forth in section 1-4-1 of this code, with the exception of those provisions which state that a violation thereof shall constitute an infraction punishable as set forth in section 1-4-1 of this code.

      2.   The planning administrator may impose a civil penalty for a recorded violation of any provision of this title or failure to comply with any of its requirements in an amount not to exceed one thousand dollars ($1,000.00) per incident per day, with a maximum penalty of twenty thousand dollars ($20,000.00) per incident. For purposes of this section, "incident" means any instance of a violation of a provision of this title or failure to comply with a requirement of this title. The city council may establish by resolution a schedule of civil penalties for specific categories of incidents consistent with the provisions of this section. Civil penalties shall be in addition to any fees imposed to recoup the cost of enforcement.

      3.   Each day on which a violation or failure to comply continues shall be considered a separate incident for purposes of both civil and criminal action. Any landowner, tenant, subdivider, builder, or other person who commits, participates in, assists in, or maintains such violation or failure to comply may be found guilty of a separate offense and may be found liable for payment of civil penalties. In cases where multiple individuals, firms, corporations or agents have participated in an incident, they may be held jointly and severally liable for any remedies, penalties or payments.

      4.   The prosecuting attorney or other attorney who represents the city may also take civil action in district court on behalf of the city to prevent, restrain, correct, or abate any action taken, or which may be taken, in violation of this title, to vacate any subdivision or condominium plat recorded in violation of this title, or to otherwise enforce the provisions of this title. In addition to other actions that may be ordered by the court, if the city prevails, the violator shall pay to the city all fees associated with the incident then due and owing. Either party may also seek costs and attorney fees against the other pursuant to state laws and court rules. The city may also seek the imposition of a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per incident per day, with a total maximum penalty of twenty thousand dollars ($20,000.00) per incident and may also seek to compel payment of any civil penalty previously imposed by the planning administrator. No abatement of property or foreclosure on a lien securing any civil penalty imposed pursuant to this section shall occur unless the property has been found to be a public or moral nuisance by a court of competent jurisdiction.

      5.   Nothing herein contained shall prevent the city council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of Idaho Code.

      6.   The planning administrator may withhold issuance of permits, including building permits, for subdivisions, lots, or parcels of land that are in violation of any provision of this title.

      7.   Applications for approvals authorized by this title will not be scheduled for hearing until all violations of this title or title 9 of this code are corrected, except when the purpose of the approval is to correct the violations of this title or title 9 of this code then existing.

      8.   Any decision of the planning administrator made pursuant to this section may be appealed in accordance with title 11, chapter 11.

   D.   Abatement Of Nuisances And Hazards:

      1.   Nuisances: Nothing in this chapter shall be deemed to restrict the power and duty of the city to abate public or moral nuisances through its process in title 4, chapter 1 of this code. If the planning administrator determines that a structure or use constitutes a public or moral nuisance, then the planning administrator may require the property owner to abate the nuisance, and may require that such structure shall not thereafter be used, restored, repaired or rebuilt, or that such use shall not thereafter continue, except in conformity with this title. The planning administrator shall give notice in writing to the owner, owner's agent, or other person in control of the property. Upon receipt of such notice, the owner, owner's agent, or other person in control of the property shall abate the nuisance within the time period specified in the notice or such other time period to which the planning administrator may agree. Failure to complete the required abatement by the specified date shall constitute a violation governed by the provisions of this section, and in such cases, the city may contract to complete the work necessary to abate the nuisance at the owner's expense.

      2.   Hazards: Whenever the planning administrator determines that there exists a condition or situation on private property that is not defined as a public or moral nuisance under this code, but which has become a hazard to life and limb, or endangers other property, or adversely affects the safety, use, or stability of public or private property, or adversely affects any public or private access or drainageway, the planning administrator may require the property owner to abate the hazard. The planning administrator shall give notice in writing to the owner, owner's agent, or other person in control of the property. Upon receipt of such notice, the owner, owner's agent, or other person in control of the property shall abate the hazard within the time period specified in the notice or such other time period to which the planning administrator may agree. Failure to complete the required abatement by the specified date shall constitute a violation governed by the provisions of this section, and in such cases, the city may contract to complete the work necessary to abate the hazard at the owner's expense.

   E.   Compliance Agreements: The planning administrator may enter into compliance agreements on a case-by-case basis, subject to the following provisions or conditions:

      1.   The planning administrator finds that the violations that are the subject of the compliance agreement do not pose an imminent threat to people or property.

      2.   The party responsible for compliance agrees to remedy the violation(s) in an expeditious manner by a certain date.

      3.   The planning administrator may require the responsible party to:

         a.   Agree to hold the planning administrator and City of St. Maries harmless and to defend against any claims arising through operation of the compliance agreement; and/or

         b.   Provide evidence of general liability coverage for personal injury and property damage for the premises subject to the compliance agreement, with the City of St. Maries named as an additional insured.

      4.   The responsible party shall pay any costs and/or attorney fees incurred to enforce a compliance agreement. (Ord. 2025-784, 3-24-2025)