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ARTICLE 3
ADMINISTRATIVE PROCEDURES
ADMINISTRATIVE PROCEDURES
SECTION:
10-03-01: Annexations, Deannexations, And Preannexations
10-03-02: Zoning Ordinance Text And Map Amendments (Rezones)
10-03-03: Adoption, Amendment, Or Repeal Of The Comprehensive Plan
10-03-04: Special Use Permits
10-03-05: Variances
10-03-06: Fees
10-03-07: Planned Unit Developments
10-03-08: Severability
10-03-09: Conflict With Other Laws And Repealer
10-03-10: Violation, Penalties, And Enforcement
10-03-11: Development Agreements
10-03-12: Public Hearing Process
10-03-13: Administrative Citation Process
(1) Purpose: The purpose of this section is to establish procedures for annexation, deannexations and preannexations.
A. Annexations may be initiated by the Council or by an application from one (1) or more property owners.
(2) General Authority: Caldwell has, and shall exercise, the authority to annex land into the city upon compliance with the procedures required in this section as allowed by state law.
(3) Applicability: The provisions of this section shall apply to all lands within the legally defined Caldwell City Limits, the Caldwell Area of City Impact, and all other annexable properties as set forth in Idaho Code § 50-222.
(4) Annexation Classifications: Annexations shall be classified and processed according to the standards for each respective category as set forth in Idaho Code § 50-222.
(5) Annexation Process:
A. Neighborhood meeting required. Any person seeking annexation for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Application Submittal. Any person seeking annexation shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request. Annexation requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.
C. Public Notice and Hearings. The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
D. Commission-level public hearing:
1. The commission, prior to recommending approval or denial to the Council for an annexation application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. After considering the written and oral comments of property owners whose land would be annexed, and other affected persons, the commission may make a recommendation to city council for the approval or denial of such requests. The commission shall state the reasons for such approval or denial recommendation as part of the public record.
E. Council-level public hearing:
1. Annexations may be approved or denied only after the city council has received a recommendation from the commission and a public hearing has been held in relation thereto before the council in which parties in interest and citizens shall have an opportunity to be heard. The council shall use the same notice and hearing procedures as outlined in this chapter.
2. After considering the written and oral comments of property owners whose land would be annexed, and other affected persons, the city council shall make the express findings as set forth in Idaho Code § 50-222. In addition to the express findings, whenever the city council grants or denies an application, it shall specify:
(A) The ordinance and standards used in evaluating the application;
(B) The reasons for approval or denial; and
(C) The actions, if any, that the applicant could take to obtain approval.
3. Decisions to grant or deny any application for a Category A Annexation does not require that the council articulate or provide findings justifying its decision.
4. The city may require a development agreement in conjunction with an annexation pursuant to Idaho Code § 67-6511A and this chapter.
5. The decision of a city council to annex and zone lands as a category B or category C annexation shall be subject to judicial review in accordance with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant to the standards set forth in section 67-5279, Idaho Code.
(6) Ordinance of Annexation:
A. The implementation of any annexation proposal wherein the city council determines that the annexation is appropriate shall be concluded with the passage of an ordinance of annexation.
(7) Exclusion or Deannexation/Disannexation of Land(s).
A. Applications to exclude or deannex/disannex land from within the incorporated limits of the city shall be processed in the same manner as applications to annex.
B. The council may choose to grant or deny such applications to deannex, in its sole discretion, as provided in Idaho Code section 50-225. Decisions to grant or deny any application for exclusion, deannexation or disannexation do not require that the council articulate or provide findings justifying its decision.
(8) Pre-Annexation.
A. For properties requesting use of city utilities, whereby the parcel(s) are not contiguous to city limits, but intend to annex at a future date when contiguous, the applicant must consent and request annexation by a binding agreement in accordance with Caldwell City Code and the submission of a pre-annexation application, which shall run with the land to which it appertains so that the same shall operate as a written request for annexation when the property can be legally annexed. (Ord. 3576, 3-19-2024)
(1) Purpose: The purpose of this section is to establish procedures for making amendments to the official zoning map or zoning ordinance of the City of Caldwell to reflect changes in public policy, changed conditions, or to advance the welfare of the City. The zoning classification of any parcel in the city, or the text of the zoning ordinance, may be amended using this procedure. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person.
(2) Initiation of Proceedings: Amendments to the text of this zoning ordinance, or to the official zoning map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.
(3) Amendment Procedures:
A. Neighborhood Meeting, Required. Any person seeking an amendment to the zoning ordinance or zoning map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Application. Any person seeking an amendment to the text of this zoning ordinance, or to the official zoning map, shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request. Requests not accompanied by a special use permit, planned unit development, or subdivision preliminary plat must include a conceptual development plan as required by the Department. All applicable fees must be paid prior to formal acceptance of any application.
C. Public Notice and Hearings. The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in Section 67-6509, Idaho Code.
D. The city may require a development agreement in conjunction with a zoning map amendment (rezone) pursuant to Idaho Code § 67-6511A and this chapter.
(4) Commission Consideration and Decision:
A. The commission, prior to recommending an amendment, supplement, or repeal of this chapter to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(5) City Council Consideration and Decision:
A. Zoning ordinance text and/or zoning map amendments may be approved or denied only after the city council has received a recommendation from the commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
B. The city council, prior to approving any ordinance text amendment request, shall find and conclude the requests have met the criteria identified within subsection (6) of this section, and shall make the express findings of such.
C. The city council, prior to approving any ordinance map amendment request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
D. In addition to the express findings required in subsection B and C of this section, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
E. If the city council approves the proposed amendment, it shall become effective after publication of the ordinance summary and shall thereafter be made part of this chapter by appropriate amendment of the official zoning map or text of the municipal code.
(6) Required Findings for Approval of a Zoning Ordinance Text Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that:
1. The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code; and
2. That ONE (1) or MORE of the following criteria exits:
(A) The original zoning ordinance is in error;
(B) Significant changes in the community's vision, goals, and/or policies have taken place;
(C) Significant changes in city-wide or neighborhood development patterns have occurred; and/or
(D) The proposed text amendments are necessary to carry out the vision, goals, and policies of the adopted comprehensive plan.
(7) Required Findings for Approval of a Zoning Map Amendment (Rezone):
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude ALL of the following:
1. The proposed zoning map amendment is consistent with the comprehensive plan's land use map, and the plan's established goals, objectives, and policies. If the request is not in accordance with the adopted comprehensive plan, the request for amendment shall not take place until after the comprehensive plan has been amended under notice and hearing procedures provided in this chapter and within section 67-6509, Idaho Code; and
2. The proposed map amendment is consistent with the purpose statement of the proposed zoning district; and
3. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood, or has proposed efforts to mitigate or minimize such adverse impacts; and
4. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone. (Ord. 3576, 3-19-2024)
(1) Purpose. The purpose of this section is to establish procedures for comprehensive plan amendments, including amendments to the future land use map.
(2) Initiation Of Proceedings:
A. Amendments to the text of the comprehensive plan may be initiated by the city council, the planning commission, or the planning director.
B. An amendment to the comprehensive plan map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.
(3) Amendment Application Procedures:
A. Neighborhood Meeting Required. Any person seeking an amendment to the comprehensive plan map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12 of this chapter.
B. Application Submission. Any person seeking an amendment shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the amendment request.
1. If the requested amendment is for a comprehensive map change, it may be concurrently reviewed with an application for amendment of the zoning map or an application for annexation, provided procedural requirements for each application are met.
2. No application for the same comprehensive plan map amendment, concerning the same property, which has been denied by the City, shall be received or processed by the Planning and Zoning Department within six (6) months of such denial, unless the Planning Director determines that significant changes have been made to the prior development proposal.
(4) Public Notice and Hearings: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12 of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision:
A. The commission, prior to recommending an amendment, supplement, or repeal of the comprehensive plan to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(6) City Council Consideration and Decision:
A. Comprehensive plan amendments may be approved or denied only after the city council has received a recommendation from the planning commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
B. The city council, prior to approving any comprehensive plan text amendment requests, shall find and conclude the requests have met the criteria identified in subsection (7) of this section, and shall make the express findings of such.
C. The city council, prior to approving any comprehensive plan map amendment requests, shall find and conclude the requests have met the criteria identified in subsection (8) of this section, and shall make the express findings of such.
D. In addition to the express findings, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
E. If the city council approves the proposed amendment, it shall be effective through the enactment of a resolution. A copy of the adopted or amended plan shall accompany each adopting resolution and shall be kept on file with the city clerk. If the approval is for, or includes approval of a comprehensive plan map amendment, and it shall thereafter be made a part of the comprehensive plan by appropriate amendment of the future land use map.
(7) Required Findings for Approval of a Comprehensive Plan Text Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ONE (1) or MORE of the following criteria exists.
1. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or circumstances have changed since the adoption of the plan that warrant an amendment to the plan;
2. An amendment is necessary to correct, update, and/or clarify one or more goals, objectives, or policies that exist in the plan;
3. The proposed text amendment will help further the goals, objectives, and policies within or between any chapter of the Caldwell Comprehensive Plan;
4. The proposed text amendment provides an improved guide for future growth and development of the city; and/or
5. An update is necessary or required in accordance with Chapter 65, Title 67, Idaho Code.
(8) Required Findings for Approval of a Comprehensive Plan Map Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ALL of the following criteria exist.
1. The proposed amendment is consistent with the general intent, purpose, policies and goals of the comprehensive plan, or addresses changed conditions since the last time the comprehensive plan map was amended;
2. The proposed amendment does not adversely impact other aspects of the Comprehensive Plan;
3. The accompanying zoning is consistent with the requested comprehensive plan classification;
4. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities and services can be, or are expected to be provided, to serve any and all uses allowed on this property under the accompanying zone;
5. The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code.
6. The amendment will result in the long-term physical, natural, economic, and/or social benefits to the community and is in the best interest of the community. (Ord. 1451, 12-13-1977; Ord. 1746, 6-29-1987; Ord. 1988, 5-17-1993; Ord. 2023, 2-22-1994; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 3576, 3-19-2024)
(1) Purpose:
A. Establish procedures through which a special use permit may be applied for, terms under which it may be approved, amended, denied, or revoked, and the appeal process if denied.
(2) General Provisions:
A. Uses which require the granting of a special use permit are deemed to possess characteristics that require review and appraisal by the commission to determine the following: Whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity.
B. A special use permit may be granted if the proposed use is conditionally permitted by the terms of the ordinance and subject to conditions pursuant to specific provisions of the ordinance; the ability of political subdivisions, including school districts, to provide services for the proposed use; and, if it is not in conflict with the comprehensive plan.
C. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits.
D. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the applicant may be subject to the regulatory takings analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby.
E. If a Special Use Permit is required to establish a new use following previous entitlement approvals, the Special Use Permit may be required to be approved by City Council if the proposed use and development plan are found to be a significant deviation from previous approvals and/or deviate significantly from the original public hearing discussion.
(3) Application Process:
A. Neighborhood Meeting, Required. Any person seeking a special use permit shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Any person seeking a special use permit shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
C. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
D. Prior to the public hearing and/or granting of a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use.
(4) Public Notice and Hearing Process: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision: The commission, prior to approving or denying a special use permit, or prior to recommending approval or denial of a special use permit to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
A. The commission, prior to approving a special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the commission grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
(6) Special Use Permit; City Council Approval Required: Special use permits requiring city council approval, may be approved or denied only after the city council has received a recommendation from the commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
A. The city council, prior to approving any special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
(7) Required Findings for Approval of a Special Use Permit:
A. In the course of approving of any such request, the commission or city council, as applicable, must find and conclude that:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located.
2. That the proposed use will be harmonious with the Caldwell Comprehensive Plan and in accord with the requirements of this chapter.
3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer.
6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of noise, smoke, fumes, glare or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance on the site in which the special use will take place.
(8) Conditions Of Approval: Upon the granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, the following:
A. Items that will minimize the adverse impact on other developments or property;
B. Controlling the sequence and timing of development or use;
C. Controlling the duration of the use;
D. Assuring that the use and property in which the use is located is maintained properly;
E. Designating the exact location and nature of the use and property development;
F. Requiring the provision for on site or off-site public facilities or services;
G. Requiring more restrictive standards than those generally required in city code; and
H. Requiring mitigation of adverse effects of the proposed use upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
I. Approval of a Special Use Permit may be tied to the land or to a specific business or applicant.
(9) Time Limitations and Extensions:
A. A special use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground, otherwise the special use permit approval shall become null and void.
1. Except that if the approved special use permit is part of an annexation application, rezone application or preliminary plat application, then the applicable permit/certificate application shall be submitted within two (2) years of the date of signature of the order of decision showing approval of the annexation, rezone, or preliminary plat.
2. Upon written request and filing by the applicant, prior to the termination of the period in accordance with subsection (9)A of this section, the director may authorize a single extension of time to commence the use not to exceed one (1) two-year period. Additional time extensions up to two (2) years as determined and approved by the director may be granted. With all extensions, the director may require the special use to comply with the current provisions of this chapter.
(A) If a special use is part of a preliminary plat that has been given a time extension in accordance with Chapter 11, the special use permit will automatically be extended with the preliminary plat and will not require a separate extension.
3. Approval of requests for time extension to an approved special use shall not be granted if any of the following conditions exist:
(A) Significant amendments to the comprehensive plan or City Code have been adopted that change the basis under which the special use permit was granted.
(B) Significant changes in land use have occurred in the area that will impact or be impacted by the project.
(C) Hazardous conditions have developed or have been discovered that will impact the project.
(D) Community facilities and services are no longer adequate to serve the project.
(10) Transfers and Modifications:
A. Special use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, unless otherwise conditioned as part of the original approval. Any new owner(s) shall be bound by the same time limits and conditions of approval as the original special use permit holder(s).
B. A special use permit is not transferable from one (1) property to another.
C. The director may approve or deny specified minor modifications, provided (1) Such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties, (2) All conditions of approval of the original special use permit approval are met, and (3) All appropriate permit(s) are obtained. Such minor modifications include, but are not limited to, the following:
1. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography, or access.
2. Minor changes to the landscape area or open space design, but not elimination or reduction in area.
3. An increase in building square footage, not exceeding twenty (20) percent, provided that all parking and landscaping requirements are met.
D. All other modifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations and/or scope of the permit, in accordance with the limitations and requirements of subsection (5) A of this section.
(11) Annual Inspections: Special use permits, including those in existence prior to and upon the effective date hereof shall be subject to annual inspections for continued compliance with the conditions of approval and all other city laws, ordinances, and statutes. Inspections shall take place by the planning and zoning department, the fire department, and/or the building department.
(12) Revoking Special Use Permits:
A. Special use permits may be revoked at any time, by the planning and zoning director if it is determined that any condition of the approved special use permit or any other city laws, ordinances or statutes are being violated.
B. Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a hearing before the council; said hearing must be requested within seven (7) calendar days of receipt of a notice of intent to revoke the special use permit.
C. Failure to come into compliance within thirty (30) days of the notification of noncompliance/intent to revoke and failure to request such a hearing shall result in immediate revocation of the special use permit.
(13) Appeals:
A. The applicant or any affected person having an interest in real property within a five-hundred-foot (500') radius of the exterior boundaries of the subject property may appeal the decision of the commission, or any condition of approval of the special use permit, in accordance with Section 10-03-12 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015; Ord. 3578, 3-19-2024)
(1) Variance Defined: A variance is a modification of the bulk and placement requirements of the zoning ordinance as to one or more of the following items only:
A. Minimum lot area (square feet);
B. Minimum lot width;
C. Minimum lot frontage;
D. Minimum front yard setback;
E. Minimum rear yard setback;
F. Minimum interior side yard setback;
G. Minimum street side yard setback;
H. Maximum building height;
I. Minimum required parking spaces;
J. Any other zoning ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots.
(2) Application Process for A Variance:
A. Any person seeking a variance shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
B. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
(3) Hearing Process for A Variance:
A. Public notice and hearings shall be in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(4) Required Findings for Granting a Variance:
A. In the course of approving of any such request, the commission, must find and conclude that:
1. There has been a showing of undue hardship because of characteristics of the site which are either:
(A) Size, location, configuration, or dimensions of the site; or
(B) Topographic or other physical site conditions which render the site unique from adjoining properties.
2. Granting of the variance does not constitute a right or special privilege by the applicant.
3. Granting of the variance is not in conflict with the public interest.
4. Granting of the variance will not be injurious to the property or improvements of adjacent property owners or interfere with the enjoyment of such property or improvements thereon.
5. Granting of the variance will not be materially detrimental to the public health, safety, or welfare.
B. Denial of a variance request or approval of a variance request with conditions unacceptable to the applicant may be subject to the regulatory taking analysis provided for by section 67-8003 of the Idaho Code, consistent with the requirements established thereby.
(5) Appeal Process for A Variance:
A. The applicant or any property owner adjacent to the subject property may appeal the decision of the commission, or any condition of approval of the variance in accordance with the procedures set forth in 10-03-012 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 3576, 3-19-2024)
The Planning and Zoning Department charges a separate fee for each type of land use application and review. All fees associated with land use applications, permits, licenses, development reviews, verification letters and reports, reconsiderations, appeals, and copies of documents are set by resolution of the City Council.(Ord. 3576, 3-19-2024)
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