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TITLE 8 SUBDIVISION REGULATIONS

CHAPTER 3 ADMINISTRATIVE PROCEDURES

SECTION 8-3-1 ZONING ADMINISTRATION

   
  (A)          Permits Required.
  (1)   No person shall construct, enlarge, or move any building, fence or structure, or change the use of any land without obtaining a building permit from the City. To apply for a permit, the applicant shall file an application with the City Clerk which contains the following information:
   
  d.   Name, address, and phone number of applicant.
   
  e.   Name, address, and phone number of owner of property, if owner is not the applicant. If applicant is not the owner, provide an affidavit of legal interest.
   
  f.    Address or legal description of the property.
   
  g.   Existing use.
   
  h.   Proposed use.
   
  i.    Zoning district.
   
  j.    A site plan showing the actual dimensions and the shape of the lot to be built upon; the size and location of existing buildings on the lot, if any; the location and dimensions of the proposed buildings; the location, layout, and access of proposed on-site parking; and the location and type of screening proposed on the lot.
   
  k.   Building heights.
   
  l.    Number and dimensions of off-street parking spaces and loading spaces.
   
  m.  Proposed water and sewer facilities.
   
  n.   Existing and proposed easements.
   
  o.   Proposed storm drainage for multi-family and commercial and industrial developments.
   
  p.   Other information as the Council or Commission may determine is needed to determine compliance with this Ordinance.
  (2)   Approval of Building Permit. Within thirty (30) days after receipt of an application, the City Clerk shall either approve or disapprove the application in conformance with the provisions of this Ordinance. One (1) copy of the plans shall be returned to the applicant by the City Clerk after the City Clerk shall have marked such copy either as approved or disapproved and attested to same by this signature on such copy. One (1) copy of the plans, similarly marked, shall be retained by the City Clerk.
  (3)   Expiration of Building Permit. Every permit issued by the building official under the provision of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall ne one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
   
  Any permittee holding an expired permit may apply for and extention of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
  (4)   The fees for land use and building permits shall be adopted by resolution of the City Council and may be modified from time to time by resolution.
  (5)   Valuation of improvements shall be based upon the actual costs to landowner as demonstrated by architect, contractor, or engineer estimates. Improvements where no professional is involved shall be based upon copy of receipts.
  (6)   A violation of this ordinance shall be a misdemeanor and is punishable by a fine not to exceed $500.00 and/or 30 days in jail. There shall be a new violation for every day that this section is violated.
   
  (B)           Certificate of Occupancy: It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof, which have been constructed, enlarged, or changed in use until a Certificate of Occupancy has been issued by the City or its representative stating that the proposed use of the building or land conforms to the requirements of this Ordinance and all conditions that may have been imposed.
   
  (C)          Variances: The Planning Commission may authorize variances to this Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking spaces, height of buildings, or other regulations affecting the size and shape or placement of a structure upon the lot, pursuant to Idaho Code Section 67-6516 as amended.
  (1)   To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions:
   
  a.   The need for a variance results from physical limitations of the lot which are not generally applicable to other properties in the same zone,
   
  b.   Failure to approve a variance will result in undue hardship,
   
  c.   The alleged hardship has not been created by the action of the applicant or the property owner, and
   
  d.   Approval of the variance is not in conflict with public interest.
   
  (2)   Prior to granting a variance, the Commission shall hold at least one public hearing to give interested persons an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the request shall be published in the official newspaper within the jurisdiction. Written notice shall also be given to the property owners adjoining the parcel under consideration.
  (3)   In granting a variance, the Commission may prescribe appropriate conditions. The Commission may not grant a variance to permit a use not authorized under the provisions of this Ordinance. 
  (4)   Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the application for a variance. Upon granting or denying the permit, the Commission shall specify:
   
  a.   The provisions of this Ordinance and standards used in evaluating the application.
   
  b.   The reasons for approval or denial.
   
  c.   The actions, if any, the applicant should take to obtain a variance.
  (5)   The applicant or any affected person may appeal the decision of the Commission to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission.
  (6)   In addition to the information required under subsection 8-3-1(A), the Commission may also require a narrative statement documenting that the request for a variance conforms to the standards in subsection 8-3-1(C)(1). above.
   
  (D)          Conditional Use Permits. Pursuant to Idaho Code Section 67- 6512 as amended, the Council and Commission may issue conditional use permits. Prior to issuing a conditional use permit at least (1) public hearing shall be held by each body. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application shall be published in the official newspaper of the City of Menan. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice shall also be provided to the property owners within three hundred feet (300') of the boundaries of the property.
  (1)   In addition to the information required  under Section  7.1.1, the applicant shall submit a narrative statement discussing the general compatibility of the proposed development with adjacent properties, the relationship of the proposed use to the comprehensive plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building height and massing, and solid waste.
   
  The Planning and Zoning Commission or City Council may require that the applicant conduct studies of the social, economic, fiscal, or environmental effects of the proposed use (i.e. transportation, traffic, etc.).
  (2)   The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will:
   
  a.   Constitute a conditional use as established in the list of conditional uses in the applicable district.
   
  b.   Be in accordance with a specific or general objective of the City's comprehensive plan and the regulations of this Ordinance.
   
  c.   Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located.
   
  d.   Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibrations, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic.
   
  e.   Be adequately served by essential public facilities and services such as access streets, police and fire protection, storm drainage facilities, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use.
   
  f.    Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points.
   
  g.   Be effectively buffered to screen adjoining properties from adverse effects of noise, building size and resulting shadow, traffic, and parking.
   
  h.   Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards  unless suitably designed to protect lives and property.
   
  i.    Not result in the destruction, loss or damage of an historic feature of significance to the community of Menan.
   
  (3)   In granting a conditional use permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to:
   
  a.   Minimizing adverse impact on other developments.
   
  b.   Controlling the sequence and timing of development.
   
  c.   Controlling the duration of development.
   
  d.   Designating the exact location and nature of development.
   
  e.   Requiring the provision for on-site or off-site public facilities and services.
   
  f.    Requiring more restrictive standards than those generally required in this Ordinance.
   
  g.   Assuring development is maintained properly.
   
  h.   Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts within the planning jurisdiction.
   
  (4)   Within sixty (60) days after the public hearing, the approving body shall either approve, conditionally approve, disapprove the application, or require further study of the social, economic, fiscal, and environmental effect. Upon granting or denying the permit, the approving body shall specify:
   
  a.   The provisions of this Ordinance and standards used in evaluating the application.
   
  b.   The reasons for approval or denial.
   
  c.   The actions, if any, the applicant should take to obtain a conditional use permit.
  (5)   The applicant or any affected person may appeal a final decision of the Commission on a conditional use permit to the Council by submitting a written appeal to the City Clerk with fifteen (15) days of the decision of the Commission. Decisions of the Council may be appealed as provided in Idaho Code Section 67-6521 as subsequently amended.
  (6)   The Planning Commission may, without approval of the Council, grant a conditional use permit to day care centers. All other conditional use permits may only be granted after review and recommendation by the Commission and approval by the City Council. The Commission and the Council shall each hold a public hearing.
   
  (E)           Amendments to this Ordinance. The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. Such amendments may include text amendments or map revisions.
  (1)   Amendments to this Ordinance may be initiated in one of the following ways:
   
  a.   By adoption of a motion by the Commission;
   
  b.   By adoption of a motion by the Council; or
   
  c.   By the filing of an application by resident, property owner, or authorized agent.
  (2)   In addition to the information required under 8-3-1(A) above, the applicant shall provide the following information in an application for a rezoning:
   
  a.   Proposed zoning district;
   
  b.   For map revisions, a vicinity map showing the property lines, streets, existing and proposed zoning, and existing land uses; and
   
  c.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities, and compatibility with the surrounding area and zoning.
   
  For a text amendment, the applicant shall provide the wording for the text amendment and an explanation as to why the amendment is needed and is in the public interest.
  (3)   If the request for zoning amendment is not in accordance with the comprehensive plan, the Commission shall consider and recommend and the Council may adopt or reject an amendment to the comprehensive plan after notice and hearings as provided in Section 67-6509, Idaho Code.
  (4)   The Commission, prior to acting on a request for an amendment, shall hold at least one public hearing. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the amendment shall be published in the official newspaper of the City of Menan. If the amendment is a map revision, notices shall be provided by mail to owners or purchasers of record of land within three hundred feet (300') of the external boundaries of the land being considered. Notice shall also be posted on the property to be rezoned not less than one (1) week prior to the hearing.
   
  When notice is required to two hundred (200) or more property owners, notice of the proposed change and hearing shall be published in the official newspaper once a week for two (2) consecutive weeks, with at least one of the publications being fifteen days prior to the date set for hearing on the proposed change.
  (5)   Within sixty (60) days of the public hearing, the Commission shall transmit its recommendation to the Council. The Commission may recommend that the amendment be granted as requested, be modified, or be denied. In evaluating requests for amendments, the Commission shall consider, in addition to conformance with the comprehensive plans required by Section 67-6511, Idaho Code, the following:
   
  a.   The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste collection and disposal, and other utilities.
   
  b.   The capacity of existing public services, including but not limited to, public safety services, public emergency services, schools, parks and recreational services.
   
  c.   The potential for nuisances or health and safety hazards that may adversely affect adjoining properties.
   
  d.   Recent changes in land use on adjoining properties or in the neighborhood of the map revision.
  (6)   The Council, prior to action on the amendment, shall hold one public hearing using the same notice and hearing procedures as the Commission. Within sixty (60) days after the hearing, the Council shall decide on the request. Upon granting, modifying, or denying a request for amendment, the Council shall specify:
   
  a.   The provisions of this Ordinance and the comprehensive plan and other standards used in evaluating the application.
   
  b.   The reasons for approval or denial.
   
  c.   The actions, if any, the applicant should take to obtain an amendment of the Ordinance.
   
  (F)           Hearing Procedures. The following shall be observed in the conduct of public hearings before the Planning and Zoning Commission and the Council:
  (1)   Each person testifying shall be asked to state his/her name and address in such a manner as to assure that it will be recorded by electronic means. Those who wish to testify may be asked to sign a sheet with their name and address prior to giving testimony.
  (2)   No person shall be permitted to speak until such person has been officially recognized by the presiding officer.
  (3)   All public hearings shall be recorded electronically or stenographically and all persons testifying shall speak in such manner to assure that the recorded testimony or remarks will be accurate and trustworthy.
   
  (4)   The hearing body may establish a time limit to be observed by all speakers, depending upon the number of those who wish to testify. Such a time limitation shall apply to the speaker's comments.
   
  (5)   At the conclusion of a speaker's comments, each member of the hearing body may address questions to the speaker. If a time limit has been set, such questions and answers shall not be included in the time limit.
   
  (6)   The chair may ask if any members of the hearing body have a conflict of interest prior to the conduct of the hearing and excuse those who have such a conflict.
   
  (7)   The chair may note, prior to opening the hearing, that testimony should relate to whether the proposal before the hearing body is in accordance with the comprehensive plan, the zoning ordinance, and other standards of Menan.
   
  (8)   The following are the steps in the hearing procedure:
   
  a.   The chair shall announce the purpose and subject of the hearing.
   
  b.   The chair may ask if any members have a conflict of interest and wish to be excused from this portion of this meeting.
   
  c.   The chair shall ask the applicant to explain the proposal being presented.
   
  d.   Following the applicant's presentation, the chair shall entertain questions from the hearing body regarding the proposal.
   
  e.   The chair shall ask for statements from others in the audience.
   
  f.    After each statement, the chair shall ask for any questions from hearing body members.
   
  g.   When all statements have been given, the chair shall afford anyone who has previously given a statement to speak in rebuttal or clarify his/her earlier statement.
   
  h.   After such rebuttal and clarification, the chair shall close the public hearing and ask for comments from the hearing body. Such discussion shall lead to action by the body.