Sugar City City Zoning Code

This title shall be known as the SUGAR CITY ZONING ORDINANCE.

1. Purpose: The purpose of this title is to promote the health, safety, morals, and general welfare of the people of Sugar City by fulfilling the purposes and requirements of the local planning act and implementing the city's comprehensive plan. Specific statements of purpose accompany selected provisions of this title, but the comprehensive plan provides the full statement of the city's purpose and intent in planning and zoning activities.
2. Intent: The intent of this title is to separate land uses that might be incompatible with one another and to ensure public services sufficient to support the land uses permitted. Zoning policy and implementation should uphold the comprehensive plan and fulfill the purposes stated above.
3. Applicability: This title shall apply, to the extent permitted by law, to all lands and uses within the jurisdictional boundaries of Sugar City and the lands and uses within the Sugar City area of city impact.
4. Minimum Requirements: In their interpretation and application, provisions of this title shall be held to be minimum requirements. Whenever any of the requirements of this title conflict with other ordinances of Sugar City, the most restrictive provision shall apply.
5. State Law/Private Restrictions: The intent of this title is not to interfere with state statutes or with private restrictions. Where differences exist, the more restrictive standard shall prevail.
6. Continuation Of Nonconforming Uses; Grandfather Provision: (See also SCC 9-3-9.)
   1. The owner of a lawful nonconforming use has the right to continue in that use despite the subsequent enactment of conflicting zoning ordinances.
   2. In order to be lawfully nonconforming there must not have been any ordinance in effect at the time the use was commenced that did not permit the use.
   3. If such an ordinance was in existence at the time the use commenced, the use is not lawfully nonconforming and must be abated if not subsequently permitted or allowed as a variance under this title.
   4. In the event a nonconforming use is discontinued for a period of at least one year, the city may, in writing, require the owner to declare his intention regarding the continued nonuse of the improvements. The owner must respond within twenty eight (28) days of receipt of the request. To continue the nonuse beyond one year but retain the right to resume the use, the owner must notify the city of his intention and must post the property with notice of his intent to continue nonuse of the improvements. The owner must also publish notice of his intent to continue nonuse in a newspaper of general circulation in the county where the property is located. If the owner complies with these requirements he may retain the right to resume the use of the property.
   5. In the event a nonconforming use is discontinued for more than three (3) years, the use shall be deemed not lawfully nonconforming and the owner shall not thereafter have the right to resume that use.
   6. State law shall apply in all cases involving nonconforming uses.
7. Authority: This title is adopted pursuant to authority in title 67 chapter 65 (local land use planning act) of the Idaho Code; title 50 chapter 13 (plats and vacations) of the Idaho Code; title 50 section 222 (annexation by cities) of the Idaho Code, and article 12 section 2 (local police regulations authorized) of the Idaho constitution: all as currently comprised or subsequently amended.

1. Unless the mayor, with the consent of the city council, appoints another person as planning and zoning administrator, the administrator shall be the city clerk or the assistant city clerk. The administrator may be provided with the assistance of such other persons as directed by the mayor, but requires city council approval when assistance provided is by a new employee or by contract.
2. The administrator shall provide for:
   1. Information and advice concerning this title;
   3. Aid to applicants in preparation and expedition of applications, and makes an initial review for completeness prior to submittal to the commission;
   4. Receipt of applications and fees;
   5. On site inspection (with permission of the owner) of properties subject to application;
   6. Collection, filing, and distribution of all required materials relevant to applications;
   7. Coordination with other Sugar City departments and public agencies concerning applications and permits;
   8. Preparation of planning and zoning meeting agendas, minutes, findings of facts, permits, notifications, letters, and all other materials as required, under the direction of the Planning & Zoning Commission, and its Chairman;
   9. As approved by the Planning & Zoning Commission, the administrator may sign and issue all required permits, notifications, letters, findings of facts, and other similar items, subject to review by the city attorney, if applicable.
   10. Investigation of violations and written communications with violators; and
   11. Assistance to the planning and zoning commission and city council in carrying out provisions of this title.

1. Membership: The planning and zoning commission shall consist of not fewer than three (3) nor more than twelve (12) voting members, as recommended by the Planning and Zoning Commission to the Mayor for appointment, with consent of the city council. A quorum shall consist of more than 50 percent of the appointed members of the commission. The administrator or his or her assistant and a member of the city council acting as liaison to the commission are not members of the commission. The following provisions apply to the voting members:
   1. Proportionate Representation: Members shall be apportioned to give proportionate representation to the incorporated city and the area of city impact, based on respective populations, as provided in Idaho Code 67-6526(g). City council shall review the apportionments from time to time and adjust the membership as needed.
   2. Conditions Of Membership: The following conditions are intended to carry out Idaho Code 67-6504(a):
      1. A member shall have resided in the area he represents (city or impact area) for at least two (2) years prior to his appointment, and must remain resident during his service on the commission.
      2. Members are appointed by the mayor with the consent of the city council. The mayor may seek recommendations from the Madison County commission as to who should be members representing the impact area. The areas and interests within the city and area of city impact should be broadly represented on the commission.
      3. The term of office shall be for three (3) calendar years, with appointments staggered. No person shall serve more than two (2) full consecutive terms without concurrence by two-thirds (2/3) of the city council, adopted by resolution and recorded in the minutes. A vacancy occurring other than through the expiration of the term shall have someone appointed, in the same manner as the original appointment, to complete the unexpired term. Members may be removed for cause by a majority vote of the city council.
   3. Conflict Of Interest/Ex Parte Contacts: A member or employee of the city council or planning and zoning commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest or ex parte contact should be disclosed at or before a meeting at which the relevant action is being heard or considered, and be noted in the minutes. A knowing violation of this section shall be a misdemeanor subject to penalties as provided by law. Illegal participation voids any action taken as a result. Further explanation appears in Idaho Code 67-6506.
2. Operation Of The Commission: Operations are governed by Idaho Code 67-6504 and other applicable statutes.
   1. Organization: The commission shall elect a chairman and create and fill any other office it deems necessary. To advise and assist in carrying out its responsibilities, the commission may appoint nonvoting ex officio advisors and establish subcommittees, advisory committees, and neighborhood groups. Committees and groups shall comply with open meeting laws and maintain records of their activities as required by law As provided in IC 50-210, the commission provides its own manner of organizing as follows:
      1. Positions from among the voting members, at a minimum, shall include a chairman, vice chairman, and may include other such positions as deemed necessary.
      2. The Chairman shall preside at and conduct meetings of the commission. In the chairman's absence, meetings shall be conducted by the vice chairman All commission business must be approved by the commission before any other action by the chairman, vice chairman or administrator is taken.
      3. Members of the commission may suggest agenda items subject to acceptance by the chairman.
      4. The commission shall determine the content and wording of drafts submitted to them for its consideration, including but not limited to, minutes of meetings, findings of fact, conclusions of law, recommendations.
      5. The administrator or an appointed member shall take minutes of meetings and submit them in draft form to the commission. The administrator shall disseminate all materials necessary throughout the commission. The administrator may assist the chairman in the business of the commission.
      6. With the approval of the commission, the chairman or vice chairman, in the chairman's absence, shall sign all plats and other required documents.
   2. Rules: Modified parliamentary rules approved by city council will govern conduct of meetings. Agendas will be prepared and meetings conducted in accordance with the open public meetings act, Idaho Code 67-2340 through 2345. Business of the commission shall be conducted by discussion and deliberation among the members, and by votes taken. In case of a tie vote, the chairman will declare the action tabled until a subsequent meeting. In case of tabling an action because of a tie vote, the deadline for action shall be extended until the next regular meeting if such extension is needed. An applicant may be asked to revise his application in the interim. If the tie is not broken at the second meeting, the planning and zoning commission shall forward the application to the city council with no recommendation.
   3. Records: A record of meetings, hearings, resolutions, studies, findings, permits, and actions taken shall be maintained. Written minutes must contain members present, all motions, orders, resolutions, ordinances proposed and their disposition, and results of all votes, and if requested, by roll call. The written minutes shall be subject to approval by vote at a subsequent meeting. A transcribable verbatim record shall be kept of public hearings for at least six (6) months after final action on the matter. Minutes shall be available to the public within a reasonable time after the meeting. A person who desires individual copies may be required to make written request, pay the cost of copies, and wait until copies can reasonably be made.
   4. Meeting Frequency: At least one regular meeting shall be held each month for not fewer than nine (9) months in each year.
   5. Quorum: A majority of currently appointed voting members of the commission shall constitute a quorum.
3. Powers And Duties: The commission shall exercise the powers and duties provided in Idaho Code 67-6507 through 6511, and such other duties as assigned by city council. Powers and duties include, but are not limited to:
   1. Carry out the planning duties set forth in Idaho Code section 67-6508.
   2. Make recommendations to the city council for the adoption, amendment and repeal of the city's comprehensive plan. The commission shall not recommend amendments to the land use map component of the comprehensive plan more frequently than once every six (6) months. The commission may recommend amendments to the text of the comprehensive plan at any time.
   3. Recommend implementing materials, that is, documents that contain details of or authorization for implementation of the comprehensive plan to the city council.
   4. Consider amendments to this title and other relevant titles and make recommendations to city council.
   5. Consider subdivision applications and make recommendation to city council.
   6. Consider applications for annexation, reclassification (zone change), planned unit development, special use permits, and other applications that relate to land use, and make recommendation regarding these applications to the city council.
   7. Consider and decide applications for variances.
   8. Hear and decide appeals from an action or decision of the planning and zoning administrator.
   9. Assist potential applicants in understanding the comprehensive plan, ordinances, and standards.
   10. Other duties as assigned by city council.
4. Area Of City Impact: Under Idaho Code section 67-6526, the city's land use ordinances apply to the area of city impact. The city's ordinances regarding the area of city impact are administered by Madison County. When the county refers applicants or forwards applications to the Sugar City planning and zoning commission, the commission shall consider the application, make its recommendation to the county, and report its action to the city council. 

Applications and the process for consideration of special use permits is set forth in SCC 9-6, "Special Use Permit".

1. Permits Required:
   1. Except by permit from the city, no use of land shall be established or changed, nor shall a facility, building, or other structure be erected, moved, added to, or structurally altered.
   2. Failure to obtain required permits shall be a violation of this title. Work or use undertaken that does not comply with permits and relevant requirements shall be a violation of this title (see subsection C2 of this section).
   3. Criteria for issuance and exercise of permits shall be as set forth in SCC Title 8, "Building Regulations", this title and SCC Title 10, "Subdivision And Platting" and in other applicable statutes and regulations.
   4. Application forms shall be approved by the city council. Application forms shall include:
      1. Such information about the project as is required in this code and as city council requires;
      2. Signature and date blanks;
      3. Dates and conditions of expiration and/or revocation.
   5. Action on applications shall be based on criteria and standards in the comprehensive plan, this title, and other relevant statutes, so as to represent reasoned decisions. Quasi-judicial actions shall be followed by a written statement to the applicant specifying the ordinance and standards used in weighing the application, reasons for approval or denial, and actions, if any, that the applicant could take to obtain approval. (IC § 67-6519)
   6. The administrator shall retain copies of applications and notifications of actions on them.
   7. In case of need for posting a notice on the property which is the subject of an application, the administrator shall provide the applicant with the necessary placard and verify that a placard containing the necessary information is posted in a timely fashion on the property.
   8. The administrator shall forward permits to the Madison County assessor as required in Idaho Code section 67-6522.
2. Fees:
   1. Fees are as established by resolution of the city council.
   2. The fee schedule shall be posted in the office of the administrator.
   3. In addition to the base fee, the city may require that the applicant pay the actual expenses incurred in processing an application, such as for advertising, postage, and other out of pocket costs.
   4. Fees must be paid in full, or arrangement for payment agreed to by city council, before the application is considered complete or administrative action undertaken.
   5. Fees pertaining to the area of city impact shall be handled as agreed between Sugar City and Madison County.
3. Expiration/Revocation Of Permits:
   1. If the permitted work is not begun within one year of its being issued, it will terminate at that time, unless the administrator, for good cause shown, extends the permit. Unless a permit is issued for a longer period, work allowed by the permit must be completed within two (2) years of the permit being issued. Extension of a permit beyond two (2) years shall be as determined by city council, with or without recommendation from the planning and zoning commission.
   2. Work or use undertaken that does not comply with any permit, or with conditions or standards of any permit, shall constitute grounds for a stop work order and/or revocation of the permit. Failure to obtain any relevant permit, or any other violation of this chapter, shall constitute a misdemeanor. The city council, may also order such use to cease and/or abatement of such work with or without recommendation from the planning and zoning commission (see subsection A2 of this section).

1. Penalty:
   1. Violations of this title shall be misdemeanors.
   2. Each day a violation continues shall be a separate misdemeanor.
   3. Any participating person, landowner, tenant, developer, builder, public official, or any other person who commits, participates in, or maintains a violation, may be found guilty of a separate offense.
   4. Nothing herein shall prevent any person from taking such lawful action as is necessary to restrain or prevent violation of this title.
2. Complaint:
   1. Any person may file a written complaint with the administrator relative to a permit or land use. The document should state the nature of the complaint, explain the basis for it, and be signed (with mailing address included) and dated.
   2. The administrator shall receive the complaint, place it on the agenda of the appropriate city instrumentality, and mail notice of action to the person who filed the complaint.
   3. The instrumentality concerned shall review the complaint within a reasonable time of its receipt and provide a written response to the person submitting it in which it shall find no violation of city ordinances or explain what enforcement action has or will be taken or recommended, or explain what other action has or will be taken or recommended.

1. Filing An Appeal: Any decision/action of the administrator or planning and zoning commission may be appealed.
   1. An appeal of a decision/action of the administrator should be addressed to the planning and zoning commission.
   2. An appeal of a decision/action of the planning and zoning commission should be addressed to city council.
   3. An appeal is commenced by written notice, dated and signed, with return mailing address, to the administrator and/or an officer of the instrumentality to whom the appeal is addressed.
   4. The appeal should state to which instrumentality the appeal is addressed, the action being appealed and its date, the grounds for the appeal, and may contain names of other affected persons with their mailing addresses.
   5. An appeal must be physically filed with the city clerk within twenty one (21) days of the decision/action being appealed.
2. Stay Of Proceedings: A pending appeal shall stay all proceedings in furtherance of the action appealed, except in case of a determination that the stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by a restraining order issued by a court having proper jurisdiction.
3. Administrative Procedures:
   1. The planning and zoning commission shall hear appeals from decisions/actions of the administrator. The city council shall hear appeals from decisions/actions of the planning and zoning commission.
   2. The administrator shall place the appeal on the agenda of the next regular meeting of the body addressed and transmit to the members of that instrumentality copies of all materials relevant to the appeal.
   3. At least one week prior to the appeal hearing, the administrator shall notify by mail the appellant and all persons required to be notified by mail of the original application.
   4. If the appellant or his representative does not appear at the appeal hearing, the body hearing the appeal may continue the appeal to the next regular meeting or decide the appeal on the record before it, including the testimony/evidence received from any affected persons.
   5. At the appeal hearing the instrumentality addressed shall allow the appellant and affected persons to be heard. The procedure for hearing shall be as provided in SCC 1-8, with these modifications:
      1. The requirement for notice shall not be greater than in subsection C3 of this section. Upon opening the hearing, the presiding officer shall determine whether proper notice has been provided. If proper notice has not been provided, the hearing shall be rescheduled to the next regularly scheduled meeting;
      2. The presiding officer may state that testimony should relate to principles and standards in the comprehensive plan and this code, or to other legal or practical concerns;
      3. The appellant occupies the role of applicant; and
      4. Persons who are not affected persons (see affected person) may be heard at the discretion of the presiding officer. The record should reflect whether each person who testifies is an affected person.
   6. A decision on the appeal must be approved by the board within a reasonable period of time. In any event the board will approve a decision by the next regular meeting after hearing the appeal, unless the time for decision is extended for good cause or mutual agreement with the appellant. The hearing board shall specify in writing:
      1. The ordinances and standards used in weighing the appeal; and
      2. The facts relied upon.
      3. The reasons for approval or denial.
   7. In the event the board cannot arrive at a decision by a majority vote, the decision/action being appealed is deemed affirmed.
   8. The administrator shall notify the appellant and other affected persons of the decision by first class mail within fifteen (15) consecutive days of approval of the decision by the board.
   9. A decision by the planning and zoning commission may be further appealed to city council within twenty one (21) days after the decision by the planning and zoning commission.

1. The city council shall not amend this title until it has received a recommendation regarding the amendment from the planning and zoning commission.
2. Prior to recommending an amendment to this title, the planning and zoning commission shall conduct at least one public hearing.
3. If the planning and zoning commission recommends a material change to a proposed amendment or the city council materially changes a proposed amendment after a public hearing (either before the planning and zoning commission or the city council), another public hearing shall be held before taking final action.

This Ordinance shall be known as the Sugar City Reimbursement of Professional Service Cost Ordinance,

The purpose of this Ordinance pursuant to Idaho law, the City Council has the authority to regulate activities within Sugar City and acknowledges the critical role of professional services such as engineering and legal counsel in various projects; and whereas the city aims to uphold high professional standards for the benefit of all parties involved but does not employ these professionals in-house, thereby incurring external costs; this Ordinance is enacted to establish a reimbursement framework for such professional services to prevent the city from subsidizing development costs, while allowing individuals the option to engage their own professionals, subject to City review and approval.

1. Costs of professional services, including but not limited to engineering and legal services, actually incurred by the city—whether rendered by city employees or by non- employees—arising out of the processing of any Land Use Permit application, plan check or review, Building or Construction Permit, Excavation Permit, or other permit, license, or inspection, shall be reimbursed by the developer or applicant prior to final approval, in addition to any other fees.
2. All such costs and any accrued interest shall be paid to the city prior to the issuance of any necessary permit and/or final approval. The amount set forth in this chapter shall be collected at the time the application is submitted as a deposit towards such expenses.
3. If expenses exceed the deposit amount prior to the conclusion of processing or final inspection and approval, the city engineer or other designated city official shall determine if additional expenses are likely to be incurred. If so, a requirement for deposit replenishment may be imposed, in an amount deemed necessary to secure payment for projected expenses.
4. Unpaid statements for professional services expenses that remain unpaid for more than thirty days after mailing shall accrue interest at the rate of twelve percent per annum, commencing on the thirty-first day.
5. Processing of the application or approval of construction shall not commence or continue until the deposit or any required replenishment thereof has been made.
6. The plan reviews, plan checks, and inspections for which these fees are charged are solely for the benefit of the city and do not create any duty or obligation on the part of the city to any person or entity.
   
   
   

1. The applicant or developer is required to pay a minimum fee as established by resolution to initiate a review of plans by professional services.
2. In addition to the minimum fees, services rendered by city employees or non-employees for any plan review, plan check, and inspection exceeding one hour shall be charged at a rate to be determined by the city, along with the actual costs of any additional services deemed necessary.
3. The expense of professional services rendered by non-employees of the city shall be charged at their actual cost.
   
   

Madison County now is charging the City for any and all recording of documents. This Ordinance shall require the City to be reimbursed or prepaid for these requirements.

1. Any documents that require recording, including but not limited to liens, legal documents, plats, agreements, or any other documents as required by this code or as deemed necessary by the city attorney, shall be recorded by the city to ensure proper and accurate recording of such documents.
2. All recordings shall be conducted at the Madison County Recorder' Office and shall be subject to the fees then currently set by Madison County for such services. 
3. Developers, applicants, or other individuals who are the subject of or benefit from the recorded documents shall be required to prepay or reimburse the City for all costs associated with these recordings. This includes but is not limited to, the Madison County recording fees and any additional administrative costs incurred by the City in the process of recording the document. 
4. Failure to reimburse the City for the costs of recording as outlined in this section may result in the withholding of final approvals, permits, or other authorizations until such time as the fees are fully reimbursed.
5. The City reserves the right to take additional legal action to recover unpaid recording fees, including the imposition of liens or other legal remedies as deemed appropriate by the city attorney.
   
   
   

1. Any individual, developer, or applicant may choose to engage their own professional service providers for services such as engineering, legal counsel, or any other professional services required by this ordinance, rather than utilizing the City's designated professionals.
2. In such cases, all work products, including but not limited to plans, documents, reports, and legal agreements, generated by these external professional service providers shall be subject to review and approval by the City's designated engineer and attorney or other professional engaged by the City.
3. This review is to ensure that all work products comply with the City's standards, regulations, and any other applicable laws or guidelines. Failure to meet these standards may result in the withholding of permits, approvals, or any other authorizations until such time as the work products are brought into compliance.
4. The City reserves the right to charge a review fee for the time and resources spent by the City's designated engineer and attorney in reviewing and approving these externally generated work products. This fee shall be in addition to any other fees or costs outlined in this ordinance.
   
   

1. Any person violating or failing to comply with any of the provisions of this chapter, or fails to adhere to the conditions of the Sections of this ordinance, or fails to comply with its permit as specified by this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than six (6) months, or both fine and imprisonment. A violation of this Chapter shall be deemed a misdemeanor punishable as provided in section 1-4-1 of this Sugar City Code.
2. Civil Penalty - Additionally, any individual violating this chapter may be required to pay any costs, including attorney fees, associated with the City having to take any corrective action that is a result of the violation, with costs of such action being charged against the violator and due and owing to Sugar City.
3. These costs shall be calculated using the current rates utilized by Sugar City Public Works Department, or current private contractor competitive rates.