The purpose of this article is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this title consistent with Idaho Code section 67-6502 et seq. (Ord. 382, 10-25-2006)

   A.   City Council: The council shall have the authority to set policy and legislation affecting land use and the administration of this title, including establishing application fees by resolution. The council shall act on recommendations from the commission in legislative matters, some quasi-judicial applications, and serve as a review authority on appeals of the commission.

   B.   Commission: The commission shall be the designated planning agency for the city. The commission shall be responsible for final action on site specific permits and for recommendations to the council on land use legislation, comprehensive plan amendments, and other policy matters. In addition to the duties listed in section 2-1-3 of this code, the duties of the commission regarding implementation of this title shall be as follows:

      1.   Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, comprehensive plan, and implementation;

      2.   Promote a public interest in and understanding of the commission's activities;

      3.   Make recommendations to the council concerning the comprehensive plan, planning process, or implementation of the comprehensive plan;

      4.   Conduct public hearings, make decisions and recommendations to the council based on the required findings and standards for applications in accord with article B of this chapter; and

      5.   Serve as the review authority in appeals of decisions of the director.

      6.   The commission may, at its discretion, delegate some of its functions to the commission chair, a commission subcommittee, or to the director. (Ord. 382, 10-25-2006)

   C.   Community Development Director: The director shall be the administrative official for the development code. The director or his or her authorized staff shall administer and enforce this title and fulfill all the duties imposed by law including, but not limited to:

      1.   Interpret provisions in the enforcement and administration of this title;

      2.   Provide information to the public on planning, design, zoning, and subdivision matters;

      3.   Receive and examine applications including, but not limited to, the following:

         a.   With the consent of the owner, enter upon any property to make examinations and surveys;

         b.   Determine the completeness of applications in providing the required information;

         c.   Maintain records of all materials and correspondence related to land use applications;

         d.   Maintain records of the commission and council hearings and actions thereon; and

         e.   Transmit to the commission or council all applications related to this title;

      4.   Review and act on administrative design review applications, including certain related improvements such as fences, minor exterior alterations to existing structures including changes in materials and/or colors, and minor changes to existing or approved landscaping and grading;

      5.   Serve as the local administrator for flood hazard protection program;

      6.   Serve as the lighting administrator;

      7.   Review and act on minor amendments to an approved master plan development;

      8.   Recommend action to the council on all final plats that are in substantial conformance with the conditions of the preliminary plat; and

      9.   Serve as the water pollution control officer and make the investigations, inspections and tests necessary for the enforcement of title 4, chapter 4, article C, "Water Pollution Control", of this code. (Ord. 455, 12-6-2012)

   D.   Summary Of Actions: Table 9-5A-1 of this section is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and reference to the process under which the action shall be taken. (Ord. 382, 10-25-2006)

TABLE 9-5A-1

AUTHORITIES AND PROCESSES

 

Notes:

   A   = Administrative   PH   = Public hearing

   AN   = Administrative with public notice   PM   = Public meeting

   CC   = Council   PZ   = Commission

   D   = Director

(Ord. 382, 10-25-2006; amd. Ord. 413, 7-17-2008, eff. 7-23-2008)

   A.   Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this title.

   B.   Application Requirements:

      1.   All requests for permits and decisions in accordance with this title shall submit an application to the director on forms approved by the commission and provided by the community development department.

      2.   Any substantive changes to the application requirements, the director shall submit the changes to the commission at a public hearing.

      3.   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 the subject of the application or signed letter of authorization from the property owner for making the application;

         c.   Legal description of the property; and

         d.   Statement of project intent for making the application.

      4.   Some requests for permits and decisions shall require additional application information in accordance with section 9-5A-4 of this article.

      5.   As determined by the director, some information may or shall be submitted in an electronic format.

      6.   All applications shall be accompanied by a filing fee in an amount established by council resolution.

   C.   Determination Of Completeness:

      1.   An application shall contain all information deemed necessary by the director 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 director shall find the application as complete for review or require additional information to be submitted.

      3.   After the application is certified, the commission, the building official, or the director 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 director's request, or a date mutually agreed upon by the applicant and the director, the application will be returned to the applicant.

      5.   The director 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 director shall assign a file number and begin processing the application once the application is deemed complete. (Ord. 382, 10-25-2006)

   A.   Table Of Required Information: In order to be determined complete, applications for permits or decisions shall be accompanied by the information identified by an "X" in table 9-5A-2 of this section and described in detail in the subsections that follow: (Ord. 387, 6-21-2007)

TABLE 9-5A-2

REQUIRED APPLICATION INFORMATION1

 

Notes:

1.   Depending on the nature of the request and at the discretion of the director, application information may be waived or additional information may be required, including, but not limited to, design review, three-dimensional depictions, topographic survey, and schematic drawings.

2.   For applications requesting an official zoning map amendment or annexation, a legal description of the subject property may be required.

(Ord. 387, 6-21-2007; amd. Ord. 413, 7-17-2008, eff. 7-23-2008; Ord. 547, 9-3-2020)

   B.   Compliance Statement: The compliance statement is the applicant's explanation of compliance with the standards for review of the proposed application.

      1.   For a design review with no platted building envelope or a plat amendment to relocate a building envelope, the compliance statement shall explain impacts of the proposal on the following:

         a.   The present or potential use and development of each adjoining lot or property, including the impact on views;

         b.   Adjoining land uses and the enjoyment of other lots within the same subdivision;

         c.   Access by firefighting equipment and emergency vehicles both to the proposed structure and to adjoining dwellings and buildings;

         d.   Access to existing and planned utility service lines;

         e.   Ease of access to adjoining streets;

         f.   Cuts and fills necessitated by the proposed siting for access to the site or for the establishment of building pads or foundations for the proposed structures;

         g.   Relationship of the proposed site to known natural hazards, such as floodplains and avalanche areas;

         h.   Effect of the proposed siting on existing natural drainage patterns; and

         i.   Alternative sites, if any, which were considered, and the reasons for rejecting each.

      2.   For a variance, the compliance statement shall explain the compliance of the proposal with the following considerations:

         a.   The need for the variance is not the result of actions of the applicant or property owner;

         b.   The variance will not unreasonably diminish either the health, safety or welfare of the community neighborhood;

         c.   The variance is the only reasonable alternative to overcome the undue hardship; and

         d.   The variance is the minimum relief necessary to allow reasonable use of the subject property. (Ord. 387, 6-21-2007)

      3.   For an official zoning map amendment, the compliance statement shall explain the compliance of the proposal with the following considerations:

         a.   The official zoning map amendment is consistent with the comprehensive plan and future land use map and reasonably implements the applicable provisions of the comprehensive plan, and a previously approved master plan development that is consistent with the comprehensive plan that existed at the time of approval, if applicable; (Ord. 455, 12-6-2012)

         b.   The official zoning map amendment complies with the regulations in effect for the proposed zoning district, specifically the purpose statement, and is particularly suitable for the proposed permitted uses;

         c.   The official zoning map amendment has minimal or no adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other natural features;

         d.   The official zoning map amendment is not materially detrimental to the public health, safety, and welfare, or any significant impacts can be satisfactorily mitigated, as determined by the planning and zoning commission or city council;

         e.   Essential public facilities and services, including, but not limited to, emergency services, transit, work force housing and schools, are available to support the proposed uses and density or intensity without creating additional requirements at public cost for such public facilities and services; and

      4.   For an annexation, the compliance statement shall explain the compliance of the proposal with the following considerations:

         a.   The annexation complies with the considerations set forth in subsection B3 of this section, including an exhibit depicting proposed zoning; and

         b.   The annexation does not result in demands on public facilities that exceed the capacity of such facilities, including, but not limited to, emergency services, transportation and transit facilities, waste treatment facilities, water supply, parks, drainage, schools, work force housing, and emergency facilities; and

         c.   The annexation balances the cost of public services and facilities with anticipated municipal revenues;

         d.   The annexation complies with the procedures as set forth in Idaho Code 50-222; and

         e.   The extent to which the annexation provides contributions, dedications and benefits to the city. (Ord. 387, 6-21-2007)

   C.   Neighborhood Map: The neighborhood map is a map showing the location of the proposed project within the city, the subdivision or the neighborhood.

      1.   The map shall show the location of contiguous lots and lot(s) immediately across any public or private street, building envelopes and/or existing buildings and structures at a scale of not less than one inch equals one hundred feet (1" = 100').

      2.   For design review applications, the map shall show the impact of the proposed siting on view corridors of existing buildings, structures and/or building envelopes.

      3.   For subdivision applications, the map shall show the location of the subdivision in relation to the alignment of streets and other public rights of way within the subdivisions with those existing in the immediately surrounding areas.

   D.   Master Plan: The master plan is a plan that includes narrative information and illustrations about the proposal.

      1.   The required narrative information shall be as follows:

         a.   Description of land use intent, including explanation of land use concept; preliminary concept of uses and ranges of square footage and locational distribution; public open space and view corridor protection concept; and integrated transportation plan for autos, bicycles, transit and pedestrians within the site and to other off site transportation systems, including trails;

         b.   Results of a preliminary traffic evaluation to identify capacity of street network, including intersections, and any improvements that will be needed as a result of the development of the master plan;

         c.   Ranges of proposed densities by use expressed as units;

         d.   Estimate of population and population characteristics, e.g., seasonal, part time or permanent, generated by the development or redevelopment;

         e.   Description of the general mass, scale and character of the buildings;

         f.   General summary of general public facility requirements to serve the development, including a study regarding the sufficiency of domestic and irrigation water to serve the new development;

         g.   Work force (employee) generation estimates and general concept plan to meet work force housing and commuter transportation needs;

         h.   General statement regarding considerations for how construction work force commuter transit needs and housing requirements will be managed;

         i.   Description of density changes at the periphery of the site if needed to provide appropriate transitions and to promote compatibility between the site and adjacent land uses; and

         j.   Estimated phasing and sequence of development and estimated timing of the project implementation, where known, for site improvements, off site improvements, open site areas, and right of way dedications, and supporting infrastructure.

      2.   The required illustrative plans shall be as follows:

         a.   An integrated transportation system, including, but not limited to, streets and intersections, bicycle and pedestrian paths, parking, and transit systems;

         b.   Illustrative diagram showing development parcels maximum unit densities, site ingress and egress, and relationship of development to public amenities, public facilities and/or open site areas. Where possible, potential building locations should be depicted on each development parcel;

         c.   Open space and scenic view protection concept plan, showing the general location for the intended public and private open site areas and bicycle, pedestrian and trail paths; and

         d.   Proposal for incorporation of existing structures in future development plans, if any, including the protection of "special sites" as defined in the comprehensive plan, as updated.

   E.   Subdivision Map:

      1.   The preliminary plat map shall be provided on paper with the dimensions of twenty four inches by thirty six inches (24" x 36"), and which shall be drawn to a scale of not less than one inch to one hundred feet (1" = 100'). The preliminary plat map shall include the following information:

         a.   The name of the proposed subdivision;

         b.   The names, addresses and telephone numbers of the planners, engineers, surveyors or other persons who designed the subdivision and prepared the plat;

         c.   The legal description of the proposed subdivision, and a topographical map showing the proposed subdivision at a scale of not less than one inch to one hundred feet (1" = 100');

         d.   The intended use of the proposed subdivision, e.g., single- family residential, multiple-family residential, commercial or recreational;

         e.   Sites proposed within the subdivision for parks, playgrounds, schools and other similar public facilities;

         f.   Streets and public rights of way, including proposed street names and dimensions;

         g.   Blocks, if any, building envelopes and lot lines as required by subsection 10-4-4F of this title, showing the dimensions and numbers of each. In addition to providing this information on the plat or supporting addenda, the applicant shall stake the perimeters of each lot and the center of its building envelope sufficiently to permit the commission to locate the same when inspecting the site of the proposed subdivision;

         h.   Contour lines, shown at two foot (2') intervals, referenced to an established bench mark, including location and elevation; and

         i.   Location of any proposed or existing utilities, including, but not limited to, domestic water supply, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles.

      2.   The final plat map shall include and be in compliance with all items required under Idaho Code title 50, chapter 13, and shall be drawn at such a scale and contain lettering of such size as to enable the same to be placed on one sheet of eighteen inch by twenty four inch (18" x 24") drawing paper, with no part of the drawing nearer to the edge than one inch (1"). The reverse of said sheet shall not be used for any portion of the drawing, but may contain written matter as to dedications, certifications and other information.

   F.   Site Plan: The site plan is a map showing the building lot, at a scale of not less than one inch equals twenty feet (1" = 20'), and shall include the following information:

      1.   Property dimensions and legal description of the land;

      2.   Location of the proposed building, improvement, sign, fence or other structure, and the relationship to the platted building envelope and/or building zone;

      3.   Building envelope dimensions with the center of the envelope (building envelope centroid) location established in relation to property lines;

      4.   Front, rear and side yard dimensions and setbacks from all structures to property lines;

      5.   Adjacent public and private street right of way lines;

      6.   Snow storage areas; and

      7.   Total square footage of all proposed structures calculated for each floor. If the application is for an addition or alteration to an existing building or structure then the new or altered portions shall be clearly indicated on the plans and the square footage of new or altered portion and the existing building shall be included in the calculations.

   G.   Landscape Plan: The landscape plan shall be prepared by a landscape architect, at the same scale as the site plan, and shall include the following information:

      1.   The existing and proposed arrangement of all trees, shrubs, ground covers, lawn or revegetated areas;

      2.   A plant list of the variety, size, and quantity of all proposed vegetation; and

      3.   All areas to be covered by automatic irrigation shall be shown on the plan.

   H.   Schematic Drawings: The schematic drawings are of proposed structures, and shall be provided of a scale not less than one- eighth inch per foot (1/8" = 1') and include the following information:

      1.   Floor plans;

      2.   Elevations, including recorded grade lines;

      3.   Cross sections indicating highest points of all structures and/or buildings, showing relationship to recorded grade existing prior to any site preparation, grading or filling;

      4.   Decks, retaining walls, architectural screen walls, solid walls, and other existing and proposed landscape features shall be shown in elevations and sections with the details to show the completed appearance of those structures;

      5.   Overall dimensions of all proposed structures; and

      6.   Specifications to be noted on the plans:

         a.   Exterior surface materials; and

         b.   Exterior color scheme; a color board shall be presented to the commission, or designee, at the scheduled meeting.

   I.   Lighting Plan: The lighting plan shall include the location, type, height, lumen output, and illuminance level of all exterior lighting.

   J.   Topographic Survey: The topographic map is a map of the application site and adjoining parcels prepared by an engineer and/or land surveyor, at a scale of not less than one inch to one hundred feet (1" = 100'). If the site has been known to have been altered over time, then the applicant shall provide evidence of the natural topography of the site.

   K.   Grading Plan: The grading plan is a plan showing existing and proposed topography at a scale of not less than one inch equals twenty feet (1" = 20'). The plan shall show two foot (2') contours for the entire proposal site and one foot (1') contours for details, including all planimetric features. The plan shall include the following information:

      1.   All existing site features including existing structures, trees, rock outcroppings, streams, avalanche and floodplain hazard areas;

      2.   All existing easements and utility locations;

      3.   Approximate limiting dimensions, elevations and finish contours to be achieved by the contemplated grading within the project, showing all proposed cut and fill slopes, drainage channels and related construction, and finish and spot grade elevations for all wall and fence construction, and paved and recreational surfaces;

      4.   Slope and soil stabilization and revegetation plan, including identification of areas where existing or natural vegetation will be removed and the proposed method of revegetating. Show all areas of disturbance and construction fencing locations; revegetation is required for all disturbed areas; and

      5.   All areas with a natural slope of less than fifteen percent (15%), fifteen percent (15%) to twenty percent (20%), twenty percent (20%) to twenty five percent (25%) and over twenty five percent (25%), clearly marked by differing shade, tone, or color as described in figure H of this section.

      6.   For sites with slopes greater than fifteen percent (15%), the commission may require alternative site studies.

   L.   Soils Engineering Report: The soils engineering report shall be prepared by an engineer and shall include the following information:

      1.   The nature, distribution and strength of existing soil;

      2.   Conclusions and recommendations for grading procedures;

      3.   Opinions and recommendations regarding the adequacy of the soil for the proposed development; and

      4.   The design criteria for any corrective measures which are recommended.

   M.   Hydrology Report: The hydrology report shall be prepared by an engineer and shall include the following information:

      1.   Existing Hydrological Conditions: A description of the hydrological conditions existing within the proposed site, the adequacy of the existing conditions for the proposed project and the design criteria for any recommended corrective measures; and

      2.   Existing Surface Drainage Patterns: A map or drawing showing existing surface drainage patterns in the proposed site and identifying any anticipated changes in those patterns due to the project development.

      3.   Preliminary Plat: Preliminary plans and approximate locations of all surface and subsurface drainage devices, dams, reservoir or other devices to be employed in controlling drainage water within the project site, including proposed, existing and natural drainage swales, culverts, catch basins and subsurface drain piping.

      4.   Final Plat: A storm drainage plan shall be submitted showing compliance with the standards of section 7-2-3 of this code. The storm drainage plan shall include:

         a.   A map indicating the on site and off site drainage area applicable to the site;

         b.   Detailed engineering plans of all subsurface drainage improvements to be constructed as a part of the proposed development; and

         c.   Location of all drainage easements or drainage rights of way.

      5.   Design Review: A plan showing roof drainage, drip lines and roof snow deposit areas.

   N.   Engineering Drawings And Specifications: The engineering drawings and specifications are for streets, water systems, sewers and other required public improvements to support the proposal. The plans shall contain sufficient information and detail to enable the director to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. These drawings and specifications may be in a preliminary form for the preliminary plat application.

   O.   Natural Resources And Hazards Analysis: The natural hazards and resources analysis shall provide an inventory and recommendation regarding natural conditions existing on the site. The analysis shall include the following information:

      1.   Significant natural resources existing on the site shall be identified including vegetation; fish and wildlife habitat; unique rock or geologic formations; and water, including streams and riparian zones. A plan for preservation and/or mitigation of significant resources should be prepared by a qualified professional.

      2.   For subdivisions within an avalanche zone, an avalanche analysis shall be prepared by an engineer or recognized expert in the field of avalanche occurrence and behavior. The analysis shall detail steps to be taken to minimize or eliminate danger to public safety, welfare or property from avalanches, including at a minimum:

         a.   The method which applicant intends to use in giving notice to the public and prospective purchasers of subdivision property that an avalanche hazard exists;

         b.   Locations, dimensions and specifications of any excavations, berms, retaining walls or similar devices which the applicant proposes to construct as barriers against potential avalanches;

         c.   Proposed deed restrictions or covenants relating to special structural requirements to be imposed upon structures built within the subdivision in an effort to protect them and their inhabitants from damage by avalanches;

         d.   If the applicant proposes to divert potential avalanches from the subdivision or in any manner alter the naturally existing avalanche path, the plans should clearly show the anticipated path the diverted avalanche is expected to follow; and

         e.   As certified by the engineer and/or expert, the adequacy and effectiveness of the applicant's proposals to minimize or eliminate avalanche hazards in the proposed subdivision.

      3.   For subdivisions within a floodplain, detailed information on the nature, source and extent of the hazard and the proposed actions to minimize or eliminate danger to public health, safety or property. The analysis shall include the following information:

         a.   The location of existing water channels and drainageways, floodway, floodplain and base flood elevation;

         b.   The location of all planned improvements including dams, dikes and similar structures; and

         c.   All planned diversions, alterations or rerouting of channels and drainageways.

   P.   Dedications And Easements: The statement of intent for dedications and/or easements shall include the location, size, dimensions and purpose.

   Q.   Covenants Or Deed Restrictions: The draft of any proposed covenants and deed restrictions to be recorded with the plat or plat amendment. (Ord. 382, 10-25-2006)

   R.   (Rep. by Ord. 410, 6-19-2008, eff. 6-25-2008)

   S.   (Rep. by Ord. 410, 6-19-2008, eff. 6-25-2008)

   T.   Water And Sewer: A letter from the city water and sewer district indicating that water and sewer facilities and services can be provided to the proposed development.

   U.   Three-Dimensional Depiction: A three-dimensional (3-D) representation of the project site and adjacent properties generated by a computer or as a model.

   V.   Additional Information: The commission, the director, the city engineer, or the building official may require an applicant to submit additional information and materials as part of any application. All requests for additional information shall be in writing. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to outline the specific application process for actions by the director with prior notice to adjoining property owners.

   B.   Notice To Adjacent Property Owners: Applications shall include written notice to adjacent property owners on a form provided by the city.

   C.   Notice Of Pending Decision: The notice of a pending decision by the director shall be mailed at least fifteen (15) days prior to any decision by the director.

   D.   Action Of Director: The director shall take action within thirty (30) days of receipt of a complete application.

   E.   Referral To Commission: The director may refer any administrative application to the commission for a decision.

   F.   Conditions Of Approval: The director may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare, and prevent undue adverse impact on surrounding properties.

   G.   Findings Of Fact And Conclusions Of Law: The director shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision.

   H.   Notice Of Director's Decision; Appeal: Mailed notice of the director's decision shall be sent to all parties of record. Any person aggrieved by the director's decision may submit an appeal in accord with section 9-5A-9 of this article. The director's decision is not final until the end of the fifteen (15) day appeal period. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to outline the specific application process for actions by the director with no required public notice.

   B.   Request For Administrative Decision: Administrative decisions requested of the director that do not require notice shall be submitted, in writing, to the director on a form determined by the director.

   C.   Action Of Director: The director shall take action within ten (10) days or such later time, but not to exceed sixty (60) days, as reasonably appropriate consistent with staff or consultant workloads, of receipt of the request for an administrative decision.

   D.   Response Of Director: The director shall respond, in writing, with the basis of his/her decision and mailed to the person making the request. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to outline the specific application process for actions that require a public hearing.

   B.   Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements identified in table 9-5A-3 of this section, and the following relevant procedures in order to maximize public notice, elicit comment and increase public awareness of projects and pending city actions:

      1.   Radius Notice:

         a.   Application submittals shall include a public notice describing the proposal on a form provided by the city and addressed envelopes to all property owners required to be notified of the public hearing.

         b.   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.

      2.   Posting On The Site: A public notice shall be posted by the city on the premises for which the permit is sought. The notice shall be posted in a prominent on site location, or at a number of on site locations commensurate with the size of the property or multiple exposures to neighboring uses and the public. The notice shall be of a size and format appropriate for the site conditions to maximize public notification and awareness. For small individual lots or minor applications the minimum notice size shall be eight and one-half inches by eleven inches (8.5" x 11") and of a color appropriate to stand out in the seasonal background. For larger properties or major projects the notice size shall be larger, up to a maximum of six (6) square feet and of a color appropriate to stand out in the seasonal background. The notice shall be posted not less than fifteen (15) days prior to the public hearing.

      3.   Alternate Forms Of Notice: When mailed notice is required to two hundred (200) or more property owners, alternate forms of notice may be provided by the city as follows:

         a.   Posting of the notice in five (5) conspicuous locations within the city;

         b.   Making notice available to all forms of media for use as a public service announcement; or

         c.   Paid advertisement of notice in local print media.

      4.   Legal Notice: At least fifteen (15) days prior to the public hearing, the city shall publish a public notice of the time, place and description of the application in the official newspaper of general circulation.

      5.   Transmission Of Information: The director may transmit the notice, application and other documents submitted for review and recommendation to city departments and other agencies, members of the public and community organizations as deemed appropriate based on the nature of the project and relevant issues involved in the development application.

      6.   City Website And Electronic Notification: All public notices and public hearing agendas shall be posted on the city's webpage and forwarded via electronic notification/fax to all parties who have notified the city of their interest in receiving such notices and agendas. At least fifteen (15) days prior to the public hearing, the city shall give electronic notification to all political subdivisions providing services within the city, including the school district. Additionally, at least fifteen (15) days prior to the public hearing, the city shall provide electronic notification to newspapers, radio and television stations serving the city for use as a public service announcement.

      7.   Posting In Five Prominent Places: All notices for public hearings or administrative actions shall be posted in five (5) prominent locations within the city, conspicuous to the public.

      8.   Notice Of Pending Development Application Review: A notice of pending development application review shall be posted by the applicant on the project site in a prominent location for all proposed projects determined by the community development director to be major or large scale. The notice shall be in a form acceptable to the community development director as discussed in a predevelopment meeting and shall specify to the public that a development application(s) has been submitted to the city for review, list each type of application submitted, identify the general scope and description of the project, and display proper contact information for the applicant and the city. The notice shall be posted on site within ten (10) calendar days of the application submittal date and is separate and distinct from other required site posting notices for public hearings.

TABLE 9-5A-3

PUBLIC NOTICING REQUIREMENTS4

 

   Notes:

      1.    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.

      2.    Alternate Mailing Notice: When mailed notice is required for 200 or more people, the alternate noticing requirements as set forth in this section may be substituted for mailed notice.

      3.    Vacations: Radius notice shall be sent by certified mail. Legal notice shall be published once a week for 2 successive weeks, the last of which shall not be less than 7 days prior to the public hearing.

      4.    Public Notice: At the discretion of the director or commission or council, public notice may be sent to property owners beyond properties within a 300 foot radius of the external boundaries of the application.

(Ord. 455, 12-6-2012)

   C.   Commission Public Hearing:

      1.   Hearing Date: Within ninety (90) 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 a 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 Testimony: The commission shall hear all persons interested in an application at the duly noticed public hearing. Written statements, mailed or hand delivered to city hall and received twenty four (24) hours in advance of the public hearing, shall be entered into the record of the hearing. Communication by electronic mail to individual commission members shall not be considered as part of the public record. 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. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.

      4.   Commission Decision: After hearing the evidence and considering the application, the commission shall make its decision. 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 a permit, and whether a permit is granted, granted with conditions, or denied. The commission shall make its findings and decision 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.

   D.   Council Public Hearing:

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

      2.   Public Hearing: Within thirty (30) days of the commission completing its findings and report, the city shall notice a council public hearing.

         a.   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.

         b.   Public notice shall also be sent, by first class mail, to all persons who appeared in person and provided a legible record of their name and address, or submitted testimony, in writing, before the commission's proceedings. Such notification shall be made at least fifteen (15) days prior to the council meeting. The failure or lack of notification of any parties of record shall not invalidate the action taken by the council on the application provided, the spirit of this notification procedure is observed.

      3.   Testimony: At the hearing before the council, the council shall consider the record and report of the commission and may or may not elect to hear testimony of representatives of the applicant and commission and any witnesses, including interested citizens affected by the proposed application.

      4.   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 council meeting. In its decision, the council shall base its findings upon the record and report of the commission and, if taken, testimony presented before it. The council may sustain, modify with conditions, or reject the recommendations of the commission; or remand the application to the commission for additional proceedings and findings. (Ord. 382, 10-25-2006)

   A.   Expiration: All application approvals shall expire three hundred sixty five (365) days from the date of approval unless: 1) the city issues a building permit for the proposed improvement, development, or use prior to the expiration of the three hundred sixty five (365) day period; 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 commission or its designee upon findings 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, except for appeals from the provisions of chapter 3, article K of this title wherein two (2) 180-day extensions may be granted. (Ord. 382, 10-25-2006)

   A.   Notice Of Appeal: Any applicant and any person owning an interest in real property which is within three hundred feet (300') of the exterior boundary lines of the property which is subject to an application who is dissatisfied, may appeal the action of the decision maker. An appeal shall be made, in writing, and filed with the city clerk within ten (10) days after the action of the decision maker.

   B.   Review Authority: Appeals of commission decisions are heard and decided by the council. Appeals of the director's decisions are heard and decided by the commission.

   C.   Hearing Schedule: The city shall set the matter for hearing by the review authority at the next regularly scheduled meeting of the review authority if such scheduling provides reasonably adequate time for all parties involved to be prepared to conduct the hearing; and if such scheduling does not provide reasonably adequate time, then at the next regularly scheduled meeting of the review authority.

   D.   Hearing Record: Unless the review authority, by order promptly issued, directs that the appeal be otherwise heard, the appeal will be on the record of the decision maker supplemented by such new evidence as may be presented.

   E.   Hearing Notice: The city shall give notice of the time and place of the hearing on appeal by mailing copies of the notice by certified mail, postage prepaid, to the applicant or petitioner, the appellant and to any interested person who has filed a written request for notice with the city.

   F.   Decision: After the hearing on the appeal, the review authority shall make its decision and adopt findings of fact and conclusions, in writing, within thirty five (35) days. In its decision, the review authority shall determine whether the application or petition should be granted, granted with conditions, remanded to the decision maker for additional proceedings and findings, or denied. The city shall transmit a copy of the decision of the review authority together with a copy of its findings and conclusions to the decision maker; and shall transmit a copy of its decision, findings and conclusions to the appellant by certified mail. The decision of the council shall be final. The decision of the commission on an appeal of the director may be appealed to the council. (Ord. 382, 10-25-2006)

   A.   Conformance Required: All development shall be constructed or carried out in conformance with the approval, conditions of approval, and mitigation measures adopted by the city in review of the development application.

   B.   Changes:

      1.   Any changes in the design, construction, operation or use shall be brought to the immediate attention of the director for determination if the changes are in substantial conformance with the city's action. The director may consult the decision making body in making a substantial conformance determination.

      2.   Any changes found by the Director not to be in substantial conformance with the approval shall be remanded to the decision making body for a formal determination. Changes not found to be in substantial conformance shall require a new development application. (Ord. 455, 12-6-2012)

   A.   Violations A Nuisance: No land in the City may be used for a purpose not permitted under this title. Any use of land or structure contrary to this provision is unlawful and a public nuisance. On order of the City Council, the City Attorney shall commence an action for the abatement and removal of the nuisance and for an injunction preventing the further unlawful use.

   B.   Requirement For Subdivision Plat Approval: No subdivision plat required by this title or the Idaho Code shall be admitted to the public land records of the County or recorded by the County Recorder until such subdivision plat has received final approval by the Council. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this title until the final plat has received the approval by the Council. The City Attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title.

   C.   Voided Permits, Certificates Or Licenses: Each employee of the City who has the duty or authority to issue a permit shall comply with this title. A permit, certificate or license issued by an employee of the City which does not comply with this title is void.

   D.   Violation; Penalties: Violation of the provisions of this title by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined as provided in section 1-4-1 of this Code and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 382, 10-25-2006)

In the application of fees for the review of permit applications, the following rules shall apply:

   A.   Adoption By Resolution: Application fees shall be established by Council resolution, including circumstances for reduced or waiver of fees.

   B.   Basis For Calculation: For any requested public hearing involving more than one application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s).

   C.   Fees Not Refundable: Fees are not refundable, except as allowed by the Council. The Council shall not authorize the refund of more than eighty percent (80%) of a permit fee. An applicant must request a refund in writing on or before the one- year anniversary of the date of a submitted application. (Ord. 535, 12-6-2018)

The purpose of this article is to set forth the requirements for certain types of application reviews that are distinct for the specific application, including review procedures, standards for review and findings for approval. The provisions included in this article are in addition to those set forth in article A of this chapter. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval.

   B.   Applicability: The provisions of this section apply to all conditional uses identified throughout this title.

   C.   General Provisions:

      1.   Commission Approval Required: Conditional uses, as have been designated throughout this title, shall be allowed only upon the approval of an application by the commission, subject to the requirements of this chapter and such conditions as the commission may attach. Such approval shall be in the form of a written permit.

      2.   Precedent Not Created: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.

      3.   Transferability: Conditional use permits shall not be transferable from one parcel of land to another. Unless otherwise stated in the conditions attached to a permit, the permit shall be granted to the applicant and successors in interest to the premises for which it was approved.

      4.   Conditions Of Approval: Upon the granting of a conditional use permit, the commission may attach conditions to said permit including, but not limited to, those:

         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 provision for on site or off site public facilities or services;

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

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

      5.   Terms Of Permits:

         a.   At the discretion of the commission, a conditional use permit may contain an expiration date. If no extension is requested pursuant to this section, the original permit shall expire at the end of its stated term.

         b.   A conditional use permit is deemed void within one year after the permit is granted if the use has not been utilized.

         c.   Upon written request submitted by the applicant or successor in interest prior to the expiration date of a conditional use permit, the commission may extend the term of said permit. The commission shall hold a public hearing and give notice in the same manner as notice of an original hearing for an application for a conditional use permit.

         d.   A conditional use permit is deemed void if the use has ceased for a continuous period of one year or more.

      6.   Revocation:

         a.   The commission shall have the authority to review any conditional use permit based upon a written complaint; a change in any applicable city ordinances; or the conditions attached to the permit by the commission.

         b.   If the commission finds that there is a probable cause for revoking a conditional use permit, the commission shall give notice of a hearing to the applicant and the public in the same manner as a notice of a hearing for an application for a conditional use permit. The commission shall hold a hearing on the question of revoking the permit and, if it finds that grounds for revocation exist, it may revoke the permit.

         c.   The commission may revoke a conditional use permit for any of the following grounds:

            (1)   Violation of this code;

            (2)   Violation of the conditions of the permit after written notice of the violations and a ten (10) day period to correct said violations; or

            (3)   Causing or allowing a nuisance, as determined in title 4, chapter 1 of this code, in connection with the use for which the permit was granted.

   D.   Required Findings: In order to grant a conditional use permit, the commission shall make the following findings:

      1.   The use is appropriate to the location, the lot, and the neighborhood, and is compatible with the uses permitted in the applicable zoning district;

      2.   The use will be supported by adequate public facilities or services to the surrounding area, or conditions can be established to mitigate adverse impacts;

      3.   The use will not unreasonably diminish either the health, safety or welfare of the community; and

      4.   The use is not in conflict with the comprehensive plan or other adopted plans, policies, or ordinances of the city. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish the specific findings for approval of design review applications.

   B.   Required Findings: In order to approve a design review application and based on the standards set forth in chapter 3, article A of this title, the commission shall make the following findings:

      1.   The proposed design is in conformance with the purpose of the zoning district and all dimensional regulations of that district.

      2.   The proposed design is in conformance with the standards for design review as set forth in chapter 3, article A of this title.

      3.   The proposed design does not significantly impact the natural, scenic character and aesthetic value of hillsides, ridges, ridgelines, ridge tops, knolls, saddles, and summits in the city.

      4.   The proposed design is in context and complementary to adjacent properties.

      5.   The proposed design is compatible with the community character and scale of the neighborhood.

      6.   The proposed design adheres to standards for the protection of health, safety, and general welfare.

      7.   The proposed design is of quality architectural character and materials.

      8.   The use is not in conflict with the comprehensive plan or other adopted plans, policies, or ordinances of the city. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish a procedure for accommodating specific land uses in the city while continuing to provide for the protection of the public health, safety and welfare in accordance with Idaho Code section 67-6511A. Where the council finds that approval of a requested zone or rezone by itself is inconsistent with the zoning district and the comprehensive plan, then this section is intended to provide reasonable standards and procedures in order to:

      1.   Implement the goals and policies of the comprehensive plan;

      2.   Preserve and protect the character of the city;

      3.   Assure the public health, safety and welfare of present and future citizens of the city;

      4.   Protect and enhance the natural resources of the city from adverse impact of development and to integrate new development harmoniously into the city's natural environment;

      5.   Protect property rights by balancing the rights of abutting and neighboring landowners to enjoy their property without undue disturbance from abutting or neighboring uses; and

      6.   Provide for specific land uses in neighborhoods that are determined compatible but prohibited by current zoning and, improve circulation and reduce traffic congestion and hazards on existing and proposed streets.

   B.   Applicability: A development agreement may be used in the annexation or rezoning process in any zoning district, regardless of lot size, subject to the standards provided for in this section.

   C.   General Provisions:

      1.   Subsequent Actions: A development agreement shall not prevent the city in subsequent actions applicable to the property, from applying new standards, regulations or policies that do not conflict with the written commitments within the development agreement.

      2.   Compliance With Codes: Nothing in this section shall be construed as relieving the property which is subject to development agreement restrictions from further compliance with all other permit and code requirements of the city.

      3.   Obligation Of City: By permitting or requiring commitments pursuant to this section, the city does not obligate itself to approve a proposed zone change or annexation that is requested concurrent with a proposed development agreement.

      4.   Encumbrance: The owner or lessee of a valid interest in the property and all subsequent property owners of the property encumbered by the development agreement shall comply with all conditions, terms, obligations and duties contained in the development agreement. Failure to comply shall result in termination of the agreement as specified in subsection D of this section.

   D.   Procedures:

      1.   Request For Development Agreement: At any time during the processing of an annexation or a rezone application, a request to enter into a development agreement for the subject property may be submitted by the applicant, or may be recommended by the commission at the commission's public hearing, or may be required by the council at the council's public hearing.

         a.   In the event an applicant seeks to enter into a development agreement, the development agreement shall be taken to the commission at the time of the scheduled rezone or annexation hearing. The commission shall forward its recommendation to the council regarding each of the applicant's requests.

         b.   In the event of a recommendation by the commission that a development agreement should be required, the rezone or annexation request shall be forwarded to the council with a recommendation that the request be denied or that the council remand the matter back to the commission for a public hearing as specified in subsection D2 of this section. The council shall, upon remand, direct the commission on specific issues to be addressed in the development agreement. If, however, the applicant agrees to submit an application for a development agreement, then the commission shall defer its recommendation to the council until a public hearing on the development agreement is held.

         c.   In the event of a determination by the council that a development agreement should be entered into, then the council shall remand the matter back to the commission for a public hearing as specified in subsection D2 of this section. The council shall, upon remand, direct the commission on specific issues to be addressed in the development agreement.

      2.   Public Hearing: The commission shall review and make recommendation to the council regarding the development agreement as part of the public hearing process for an annexation or rezone request.

      3.   Recordation: The development agreement shall be attached to the ordinance establishing the zoning map amendment. The agreement shall take effect and shall be recorded in the office of the Blaine County recorder within ten (10) days of adoption of the ordinance establishing the zoning map amendment by the city council. The ordinance number shall be clearly referenced on the official zoning map for the city.

      4.   Modification: A development agreement shall only be modified after public hearing by the city council. Major modifications, as determined by the director, shall require a hearing and recommendation by the commission prior to hearing by the council.

      5.   Enforcement: Development agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination of the development agreement. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate by the city.

      6.   Revocation: In the event the city believes that grounds exist for revocation of the development agreement, the applicant or their successors and assignees shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance and providing the property owner fifteen (15) calendar days to furnish evidence that:

         a.   Corrective action has remedied the violation or noncompliance;

         b.   Rebuts the alleged violation or noncompliance; and/or

         c.   A request to amend the development agreement has been submitted.

      7.   Revocation Hearing: In the event that the applicants or their successors and assignees fail to provide evidence reasonably satisfactory to the city as provided in subsection D6 of this section, the director shall refer the apparent violation or noncompliance to the council for a public hearing as set forth in section 9-5A-7 of this chapter.

         a.   The council shall provide the applicants or their successors and assignees notice and reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

         b.   The council shall issue a written decision terminating the development agreement or remanding it back to the commission for the amendment process pursuant to the public hearing process as set forth in section 9-5A-7 of this chapter.

      8.   Termination Of Agreements: In the event that a development agreement is terminated or amended by the city council, after public hearing, for failure to comply with any of the commitments expressed in the agreement, the city shall take the following actions:

         a.   The property shall be rezoned to its prior zoning designation. In the case of an initial zoning designation established at the time of annexation, termination of the agreement shall result in a city zoning designation deemed appropriate by the council and set forth in the terms of the development agreement.

         b.   All uses that are not compatible with the subsequent zoning designation following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use permit for the property, if the use(s) is conditionally allowed within the subsequent zoning district.

   E.   Standards: The standards identified in this subsection shall apply to all annexations and rezones involving development agreements, unless otherwise specified.

      1.   Comprehensive Plan Compliance: Compliance with the goals and policies of city comprehensive plan shall be demonstrated in a written narrative.

      2.   Neighborhood:

         a.   There shall be compatible transition in scale, building form, and proportion between the proposed structure/use and existing structures and landscape.

         b.   All development within the project area shall comply with the standards and criteria as set forth in chapter 3, article A of this title. Conceptual approval is required prior to the approval of a development agreement and the zone change or annexation.

         c.   Alteration to the record grade shall be in compliance with this title.

         d.   The proposed use(s) and development of the subject property shall be appropriate for the location, the lot and the neighborhood.

         e.   The proposed use(s) and development shall not adversely affect the character, public health, safety, and/or general welfare of the neighborhood or the community.

      3.   Infrastructure:

         a.   The proposed use and development of the subject property shall not cause undue traffic congestion, or dangerous traffic conditions.

         b.   The proposed use(s) and development of the subject property shall not adversely impact other infrastructure such as, but not limited to, public utilities and communication systems, water, wastewater, and drainage systems, as well as snow storage and snow removal. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this title, including supplements, changes, modifications or repeals.

   B.   Applicability: The provisions of this section shall apply to all text within this title.

   C.   Procedures:

      1.   Amendment Initiated By City: Any member of the council or the commission may propose to amend this title following notice and public hearing procedures set forth in article A of this chapter.

      2.   Amendment Not Initiated By City: The prospective applicant for a development code amendment shall complete a preapplication conference with the director. The director shall make a recommendation to the commission on the merits of considering the applicant's request. The commission shall review the request at a public hearing and then determine if an application should be brought forward to amend the development code. Upon approval of the request by the commission, an application, fees, and public notice in accord with article A of this chapter shall be provided.

      3.   Public Hearings: The commission and council shall hold public hearings on the development code amendments as set forth in article A of this chapter.

      4.   Effective Date: The amendment shall become effective by a favorable vote of a majority of the members of the city council.

   D.   Required Findings: In order to grant a text amendment to the development code, the council shall make the following findings:

      1.   The text amendment complies with the applicable provisions of the comprehensive plan;

      2.   The text amendment shall not be materially detrimental to the public health, safety, and welfare; and

      3.   The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts. (Ord. 382, 10-25-2006)

   A.   Purpose: It is the intent of this section to describe the process for review and action on a master plan development ("MPD"). This process will establish a workable framework for the development of large or phased projects which are under single ownership or control, whether or not contiguous. The goal of this section is to ensure the orderly planning and development of land by requiring new development to:

      1.   Implement the goals and objectives of the city's comprehensive plan, as amended, including the future land use map, the land use designations and the land use planning area guidelines, if applicable;

      2.   Contribute to the social, economic and environmental sustainability of the city;

      3.   Strengthen the resort character of the city;

      4.   Develop in a manner that is highly respectful of the natural setting, that is at a human scale and ensures neighborhood compatibility;

      5.   Provide for an integrated transportation system which prioritizes a pedestrian environment and mass transit and reduces vehicular trips;

      6.   Result in a contribution of amenities to the community, including maintaining public access to recreational facilities;

      7.   Designate and protect open site area in perpetuity;

      8.   Provide for a mix of housing types for visitors and year round and seasonal residents;

      9.   Provide for the housing needs of the work force through a variety of dispersed units within the city, or an alternative area as approved by the city council;

      10.   If necessary, plan for the coordinated and phased construction of infrastructure, including public facilities and transportation system components; and

      11.   Remain consistent with the intent of this title.

   B.   Applicability: The MPD process may be utilized in all zones within the city and shall be required prior to the development or redevelopment of large properties within the city; and may be required by the director for properties which are in scenic view corridors or contain a special site as defined in the comprehensive plan or for areas requesting an official zoning map amendment or annexation. Applications for MPD approval in an area designated in the comprehensive plan as a land use planning area (LUPA) shall be accepted only where the uses, densities, intensities and site development standards comply with the intent of LUPA text, specifications, goals and objectives as set forth in the comprehensive plan.

   C.   General Provisions:

      1.   The city may require that multiple properties, whether contiguous or not, under single ownership be processed under a single comprehensive MPD application. The establishment of a hotel or performing arts/symphony center in the CC district, as specifically provided for in the city comprehensive plan, may be processed without a comprehensive MPD application for the entire large parcel or LUPA by submitting a development site MPD application for the proposed hotel or performing arts/symphony center. Certain development site MPD submittal requirements may be waived or additional information may be required as determined by the director.

      2.   Approval of an MPD will constitute approval of a master plan which establishes a framework to guide all future development within the area defined by the MPD.

      3.   Development applications may be filed in conjunction with an MPD application; however, no construction shall commence on any component of an approved MPD except upon receipt of design review, conditional use, variance, subdivision and/or PUD approval.

      4.   All development of the MPD site shall be regulated by applicable regulations of this title and other code regulations in effect at the time the development application is submitted and certified as complete by the city. Development applications include, but are not limited to, design review, conditional use, variance, subdivision, planned unit development and/or phasing plans.

   D.   Procedures:

      1.   Preapplication Conference: A preapplication conference shall be held with the director and, as appropriate, other city staff in order for the applicant to become acquainted with the MPD procedures and any related city requirements and schedules. The applicant shall be the owner(s) of the property. The owner may designate a representative to work with the staff and the city. The staff will give preliminary feedback to the applicant based on information available at the preapplication conference and will inform the applicant of issues or special requirements which may result from the proposal. The applicant may request a preapplication conference with the commission prior to application submittal. If requested, the conference will be noticed as a public hearing.

      2.   Application: The MPD application shall be submitted in accordance with subsection 9-5A-4D of this chapter.

      3.   Public Hearings: The commission and council shall hold public hearings on the MPD as set forth in article A, "General Provisions", of this chapter.

      4.   Commission Review And Action: The commission shall recommend approval or denial of an MPD to the city council. Such action shall be in the form of written findings of fact, conclusions of law and, in the case of approval, conditions of approval. Action shall occur only after the required public hearing is held.

      5.   Council Review And Approval: As a condition to approval of an MPD, the council may enter into a master plan agreement as provided for in subsection D8 of this section.

      6.   Major And Minor Amendments: An approved MPD may be amended at any time using the process set out herein, and may be amended simultaneously with the processing of a development application. The director shall decide whether a proposed amendment is a "major" or "minor" amendment. In order to initiate an amendment, the applicant shall submit to the director an application on those items that would change if the proposed amendment were approved. Review of applications for amendments shall be governed by those criteria set forth in subsection E of this section. Approved amendments shall be recorded as set forth in subsection D7 of this section.

         a.   Major Amendments: Changes of the following types shall define an amendment as major:

            (1)   Changes which would modify or reallocate the allowable building height, mix of uses, or density of a development; or

            (2)   Changes which would alter the location or amount of land dedicated to open space, amenities, trails, natural areas or public facilities; or

            (3)   Modify any other aspect of the MPD that would significantly change its character; or

            (4)   A series of minor amendments that cumulatively change the overall character of the MPD.

         b.   Minor Amendments: Amendments that are not major amendments shall be termed "minor amendments" and shall be reviewed by the director. The director shall approve, approve with conditions or deny said amendments.

      7.   Recording Of An Approved MPD:

         a.   All approved MPDs, and all approved amendments to such MPDs, specifying the land within its boundaries, shall be recorded in the Blaine County recorder's office with a notation that all land within such boundaries shall be subject to the provisions of such MPD or amendment unless or until amended. Such recording shall be a "memorandum of MPD" stating generally that the site has been approved as an MPD on file with the city.

         b.   All MPDs and MPD amendments recorded hereunder shall be binding upon the applicants and their successors and assigns, and shall guide the location of improvements and infrastructure of site specific applications. It is expressly understood that site specific applications shall be regulated by the zoning, subdivision and other code regulations in effect at the time any application for development, design review, conditional use, variance, subdivision or phasing is submitted and certified as complete by the city.

      8.   Master Plan Agreement:

         a.   At the request of the applicant, a master plan agreement may be submitted to establish and set by mutual contract the zoning, open space dedications and/or MPD densities of an approved MPD. The master plan agreement shall be consistent with the comprehensive plan, the MPD approval and conditions, if any, and in a form approved by the city attorney. A master plan agreement may be applied for concurrently with an MPD application or at any time subsequent to the approval of an MPD application.

         b.   A proposed master plan agreement shall be reviewed by the commission and the commission shall make a recommendation to the council for approval, approval with conditions, or denial of the requested master plan agreement. The council, upon receipt of the commission recommendation, may approve, approve with conditions or deny the submitted master plan agreement. An approved master plan agreement shall be recorded in the Blaine County recorder's office.

   E.   Required Findings: The commission shall make the following findings in order to recommend approval of an MPD or approval of an MPD amendment. In some cases, conditions of approval will be attached to the approval to ensure compliance with these findings. The commission, if denying an MPD application, shall state findings why such application does not comply with one or more of the following findings:

      1.   The MPD is consistent with the city comprehensive plan, as amended, including the future land use map and the land use planning area guidelines and land use designations, if applicable;

      2.   The MPD complies with each applicable element of the purpose of this section, as set out in subsection A of this section;

      3.   The MPD meets the minimum requirements of this chapter;

      4.   The MPD promotes the orderly planning and development of land, as set forth in the purpose for this process, subsection A of this section;

      5.   The MPD has been properly noticed and public hearing held in accordance with this code;

      6.   The MPD complies with all city zoning regulations and codes in effect at the time of the MPD application. (Ord. 386, 4-19-2007)

   A.   Planned unit development may include a combination of different dwelling types or variety of land uses which complement each other and harmonize with existing and proposed land uses in the vicinity. (Ord. 382, 10-25-2006)

   B.   In order to provide locations for well planned developments which conform with the objectives of this title, although they deviate in certain respects from the zoning map and/or the regulations of this title, conditional use permits for planned unit developments may be applied for, subject to the following qualifications:

      1.   A planned unit development may include any use allowed either as a permitted or conditional use in any of the zoning districts of the city.

      2.   Minimum size of a planned unit development shall be at least four (4) acres. (Ord. 435, 6-28-2010)

   C.   In addition to such information as is otherwise required for a conditional use permit application, the application shall include:

      1.   A detailed development plan for the entire planned unit development, drawn to scale, and showing proposed locations and identifications of all streets and structures.

      2.   A tabulation of the number of dwelling units and structures proposed for each use.

      3.   A development timetable.

      4.   Projected cost of the total development, with supporting data. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title.

   B.   Applicability:

      1.   The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, coverage, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this title affecting the size and shape of a structure or the placement upon properties.

      2.   A variance does not relieve an applicant from any of the procedural provisions of this title, nor does it allow establishment of a use that is not otherwise permitted in the applicable zoning district.

   C.   Process: A variance shall be allowed only upon the approval of an application by the commission, subject to the requirements of this chapter, a showing of undue hardship because of unique physical characteristics of the site, and that the variance is not in conflict with the public interest.

   D.   General Provisions:

      1.   Conditions Of Approval: Upon the granting of a variance, the commission may impose any conditions it considers necessary to assure:

         a.   The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the applicable zoning district in which the subject property is located; and

         b.   Secure substantially the purpose of city regulations and give effect to the comprehensive plan.

      2.   Conforming Variance: Any structure, building, fence, sign or use built, erected, reconstructed, used, maintained, established, existing or occupied under an approved variance as herein provided shall be deemed in conformity with the provisions of this title to the extent it complies with the provisions of said variance.

      3.   Precedent Not Created: Approval of a variance shall not be considered as establishing a binding precedent to grant other variance requests.

      4.   Extension Of Time: Upon request for an extension of time as set forth in section 9-5A-8 of this chapter, the commission shall hold a public hearing and give notice in the same manner as notice of an original hearing for an application for a variance.

   E.   Required Findings: A variance shall be granted by the commission only if the applicant demonstrates all of the following:

      1.   The subject property is deprived, by provision of this title, of rights and privileges enjoyed legally by other properties in the vicinity and under the applicable zoning district because of the unique size, shape, topography or location of the subject property (a finding of undue hardship);

      2.   The need for the variance is not the result of actions of the applicant or property owner;

      3.   The variance will not unreasonably diminish either the health, safety or welfare of the community neighborhood;

      4.   The variance is the only reasonable alternative to overcome the undue hardship; and

      5.   The variance is the minimum relief necessary to allow reasonable use of the subject property. (Ord. 382, 10-25-2006)

   A.   Purpose: The purpose of this section is to establish procedures for amendments to the official zoning map and annexations of land. The official zoning map amendment process is not intended to relieve particular hardships or confer special privileges or rights on any property.

   B.   Applicability: The provisions of this section shall apply to all lands within the city limits, the area of city impact, and all other annexable land as set forth in Idaho Code section 50-222. Lands that are zoned open recreation (OR-1) prior to the adoption of the development code and the creation of the recreation and open space zoning districts (ordinance 382, 2006) and designated as OR-1 on the official zoning map shall be required to apply for and receive an official zoning map amendment consistent with the land use designation shown on the comprehensive plan future land use map prior to, or in conjunction with, the processing of any development applications for improvements on the respective OR-1 zoned lands.

   C.   Initiation Of Official Zoning Map Amendment And Annexation: The process for official zoning map amendment or the annexation of land can be initiated only by the council, commission, Community Development Department staff or the owner of the property upon application of owner or said property owner’s authorized legal representative. A proposed official zoning map amendment or the annexation of land may be initiated by the city at the written request of a property owner.

   D.   Procedures:

      1.   Official Zoning Map Amendment And/Or Annexation Initiated By Council Or Commission: The council or commission shall follow the procedures for amendment to the official zoning map as set forth in Idaho Code section 67-6511 and for annexation of land as set forth in Idaho Code section 50-222.

      2.   Official Zoning Map Amendment And/Or Annexation Initiated By The Property Owner: The owner of a subject property or owner's authorized legal representative shall complete a preapplication conference with the director prior to submittal of an application for official zoning map amendment and/or annexation of land. An application, fees, and public notice in accord with article A, "General Provisions", of this chapter, shall be provided. The procedures of Idaho Code sections 67-6511 and 50-222, as applicable, shall be followed.

      3.   Public Hearings: The commission and council shall hold a public hearing on the official zoning map amendment and/or annexation of land as set forth in article A, "General Provisions", of this chapter.

   E.   Development Agreement:

      1.   The applicant may submit or the council may require a development agreement in conjunction with the annexation or official zoning map amendment pursuant to Idaho Code section 65-6711A and section 9-5B-4, "Development Agreement", of this article. (Ord. 387, 6-21-2007)

   F.   Required Official Zoning Map Amendment Findings:

      1.   The official zoning map amendment is consistent with the comprehensive plan and future land use map and reasonably implements the applicable provisions of the comprehensive plan, a previously approved master plan development that is consistent with the comprehensive plan that existed at the time of approval, if applicable; and (Ord. 455, 12-6-2012)

      2.   The official zoning map amendment complies with the regulations in effect for the proposed zoning district, including the purpose statement, and is suitable for the proposed permitted uses; and

      3.   The official zoning map amendment has minimal or no adverse impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other natural features; and

      4.   The official zoning map amendment is not materially detrimental to the public health, safety, and welfare, or any significant impacts can be mitigated satisfactorily as determined by the planning and zoning commission or city council; and

      5.   Essential public facilities and services, including, but not limited to, emergency services, transit, work force housing and schools, are available to support the proposed uses and density or intensity without creating additional requirements at public cost for such public facilities and services.

   G.   Annexation Findings:

      1.   The proposed annexation of land is in the best of interest of the city, balances the cost of public services and facilities with anticipated municipal revenues, and complies with the procedures as set forth in Idaho Code section 50-222. (Ord. 387, 6-21-2007; amd. Ord. 547, 9-3-2020)