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(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)
(1) Intent: A planned unit development involves a parcel of land which is planned and developed as a unit under single ownership or control, containing one or more uses, buildings, and common open space or recreational facilities. The planned unit development process is not intended to skirt development rules nor results in a detrimental impact on the surrounding community through its implementation. The administrative procedures for a planned unit development shall be the same as applied to special use permits.
(2) Purpose: It shall be the purpose of this section to encourage the unified and planned development of a site held in individual or corporate ownership at the time of development by the use of a planned unit development process. Such developments may be permitted without customary division into individual lots, or without specific conformance with the zoning district regulations as applicable to individual lots or traditional subdivisions subject to the regulations as provided in this chapter.
A. The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances:
1. The development offers a maximum choice of living environments by allowing a variety of housing and building types.
2. The development promotes mixed use projects which are functionally integrated within the development and provides services to the primary use.
3. The development provides a layout which preserves and properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation.
4. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.
5. The development encourages infill development that contributes a compatible design to the existing neighborhood.
(3) Development Standards: The planning and zoning commission and the city council shall consider approval of planned unit developments in accordance with the following standards:
A. Changes: Changes in the development standards and bulk regulations of the underlying zone may be approved as per subsection (6) of this section.
B. Primary Use: The primary use of the planned unit development shall be a permitted use in the underlying zoning classification.
C. Percentage: No more than thirty percent (30%) of the total net area ("net area" meaning the gross acreage less all acreage utilized for public right of way dedication and public streets) of the planned unit development shall be devoted to a use or uses not permitted or specially permitted in the underlying zoning classification, except that where any portion of the subject property has an underlying zoning classification of R-1, R-2, R-3, RS-1, and/or RS-2 or any combination thereof and/or any residential use regardless of the zoning classification, no industrial uses shall be allowed as part of the planned unit development.
D. Latitude: Following the spirit and purpose of this section, much greater latitude is permitted than in conventional and traditional regulations for development.
E. Discretionary Powers: In consideration of the latitude given, the planning and zoning commission and city council shall have discretionary powers in judging and approving or disapproving the imaginative or unique concepts, innovations, and designs which shall be incorporated into the plans presented, provided that the planned unit development shall conform to the general purposes and objectives of the comprehensive plan.
F. Residential Density: The number of dwelling units allowed in a planned unit development shall be calculated by multiplying the gross area and the dwelling units permitted in the underlying land use classification shown on the comprehensive plan map. A planned unit development shall be consistent with the density guidelines provided in the comprehensive plan.
G. Residential Uses: A variety of housing types or residential uses may be included in a planned unit development including attached units (duplexes, townhouses), detached units (patio homes), single-family dwellings, and multiple-family units (triplexes, fourplexes, sixplexes, etc.) regardless of the zoning classification of the district, provided that the overall density of the land use classification is maintained.
H. Commercial Uses: When planned unit developments include commercial uses, commercial buildings and establishments, the development shall be planned as groups having common parking areas and common ingress and egress points in order to reduce the number of potential accident locations at intersections. A planned unit development shall follow section 10-07-10 (buffers between land uses) of this chapter. The plan of the project shall provide for the integrated and harmonious design of buildings, and for adequate and properly arranged facilities as reasonably necessary for internal traffic circulation.
I. Future Development: All areas designed for future development or expansion or not intended for immediate improvement shall be landscaped or otherwise maintained in a neat and orderly manner.
J. Required Setbacks: Attached residential structures and commercial buildings may be permitted in a planned unit development.
K. Clustering: Every clustered area developed under the planned unit development approach should be designed to abut upon common open space or recreational amenities. Clustering is desired in mixed unit developments.
L. Parking:
1. Off street parking for a single-family or two-family residential planned unit development shall be provided as follows:
(A) Two (2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in close proximity to any dwelling units they serve.
(B) Lots forty-five feet (45') in width and smaller shall provide one additional space per every four (4) residential units in a common parking lot located in close proximity to the residential structures in which it serves.
2. Off street parking for a multi-family residential planned unit development shall be provided as follows:
(A) One and one-half (11/2) spaces per unit shall be provided on each subject parcel or clustered in parking pads in proximity to any dwelling units they serve.
(B) On street parking may be permitted to accommodate visitors and overflow parking demand under the planned unit development process, but it shall not be counted towards the minimum off street parking requirements. One space per every eight (8) units shall be dedicated for off street visitor parking.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
3. Off street parking for a commercial planned unit development shall be provided as follows:
(A) Parking for commercial uses shall be provided as required in section 10-02-05 of this chapter.
(B) On street parking is not permitted for commercial uses and cannot be counted as off street parking for commercial uses.
(C) Off street parking shall not be designed to allow vehicles to back out onto a public street.
M. Access: All lots developed as single-family residential lots shall front or shall have frontage along a public roadway or common driveway. All other lots developed for residential purposes shall front a public roadway, or shall utilize common driveways as regulated by Section 11-03-02, or shall comply with Section 10-14-01.
N. Ownership: A planned unit development shall be under single ownership/control during the planning and developmental stage to ensure that the development can be accomplished in a unified manner. A PUD developer may sell a portion of an approved PUD if the purchaser submits a notarized letter to the planning and zoning director stating that he/she reviewed the order of decision, development agreement, phasing plan, and all other applicable materials and agrees to comply with all conditions of approval.
O. Planned Unit Development Size: Unless the site qualifies as an infill development, the overall site shall consist of a minimum gross area of five (5) acres.
P. Phasing Plan: The applicant shall submit a phasing plan for all features and amenities in a planned unit development. The phasing plan shall be approved by city council and may be amended by the planning and zoning director and city engineer. A staff level denial of a requested amendment may be appealed to the city council.
Q. Classification Of Uses: More than one classification of uses and more than one use within these classifications shall be permitted on a lot or parcel within the same building or different buildings if the proposed individual uses are permitted uses. Any special uses will need to go through the standard special use hearing process.
R. Expiration: The completion of the first phase of a planned unit development shall take place within three (3) years of the signature date on the order of decision approving the planned unit development or said approval shall become null and void. For each phase after the first phase there shall be an allowed one year time frame per phase for completion. Should any phase not be completed within its one year time frame, approval on the uncompleted portion of the planned unit development shall become null and void. Exceptions to the time frames may be granted at the time of original approval of the planned unit development, provided said exceptions are requested in the initial application.
(4) Amenities: Any latitude, flexibility or relief provided through this land use application shall be compensated by the addition of some new amenity, within or outside the development. Such an amenity should provide equal or greater value to the development as a whole. The determination of whether the compensation offered is equal to or greater than the relief provided is left to the planning and zoning commission and city council's discretion.
A. Required Amenities: All planned unit developments shall have the following features:
1. Five foot (5') wide asphalt paved micro pathways connecting the residential areas to all nonresidential areas, open space common lots, recreational facilities, major pathways, and school bus pick up locations.
2. Eight foot (8') wide asphalt paved or concrete paved or porous surfaced (other than gravel) major pathways are required in all planned unit developments with a five foot (5') wide landscape buffer on each side of major pathways. Major pathways meeting the standards listed above are required to provide connectivity to adjacent pathways, to comply with the city's pathway master plan, and to provide for connectivity to adjacent properties. In general, major pathways shall meander through the center of the PUD, be entirely located within a platted common lot that is dedicated as a public access easement, and provide connectivity to adjacent parcels of land.
3. Usable open space (as defined in section 10-07-05 of this chapter) of at least ten percent (10%) of the gross area.
4. Varying bermed street landscape buffers of a two to one (2:1) to three to one (3:1) ratio.
B. Required Optional Amenities: Four (4) or more of the following amenities shall be provided as part of each planned unit development:
Baseball/softball field.
Basketball court.
Boat dock/river access.
Buildings are constructed to LEEDS standards.
Community center.
Daycare center.
Detached/meandering sidewalks.
Energy star certified housing.
Enhanced paving and design features at intersections as approved by the city engineer.
Fishing pond.
Golf course/driving range.
Gym/health club.
Land provided for a public facility (school, fire station, police station, etc.).
Playground/tot lot.
Rear entry garages.
Residential buildings constructed with fire sprinkler systems.
Roundabout intersections as approved by the city engineer.
Skateboard park.
Swimming pool.
Tennis court.
Other suitable amenities or public benefits deemed worthy by the city council.
C. Reduction Of Amenities: The city council may reduce the number of optional amenities depending upon the intensity and value of the amenity(ies) proposed by the applicant.
(5) Application Process: Subdivisions and developments created through the planned unit development process shall provide a narrative and architectural renderings that explain what amenities will be incorporated inside the development to compensate for deviations to the city's development standards and how its construction will satisfy the community's need for a wide range of housing and commercial businesses.
(6) Flexibility In Applying Zoning Standards: The developer may deviate from the height, lot line setback, and lot dimension schedule found in section 10-02-03 of this chapter with the consent of the planning and zoning commission and city council. Deviations shall be listed in full as a part of the planned unit development application. Modifications to other zoning and subdivision standards will be determined by the planning and zoning commission and city council on a case by case basis.
(7) Infill Development: Lots under twenty (20) acres within the city of Caldwell which are located in areas already largely developed (at least 50 percent of the land within 300 feet of the exterior boundaries of the subject property) and to which municipal services are already available may qualify for planned unit development status as an infill development.
A. The applicant shall submit documentation that the site qualifies as an infill site with the planned unit development application. Verification of infill may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation regarding the following services: water, sewer, fire coverage, public schools, and irrigation.
B. The applicant shall demonstrate the proposed building design is compatible with the existing neighborhood and adjoining properties by taking into account building type, height, bulk, and site location.
C. Upon the request of the applicant, the City Council may waive all or part of the amenity requirements listed in subsection (4) of this section. (Ord. 2677, 6-18-2007; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2924, 4-15-2013; Ord. 2967, 7-21-2014; Ord. 3379, 12-20-2021)
It is not intended by this chapter to impair or interfere with other regulations of State or local law, or with private restrictions on the use of land, improvements and structures. Where this chapter imposes greater restriction than that imposed by other law or private restrictions, this chapter shall prevail. All other ordinances or parts of ordinances in conflict herewith are hereby repealed upon the effective date of this chapter. (Ord. 1451, 12-13-1977)
(1) Powers and Duties of Enforcing Officers.
A. Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter (chapter 10), chapters 11, 12, and/or 13 of this code.
B. The planning director, and his/her duly authorized designee, shall have the right to enter upon any land during the daytime in the course of his duties, and, if approached by the property owner or lessor shall show proper identification and give that individual notice as to the purpose of the visit. The director or his/her designee may enter in any building upon being invited by an owner or tenant and may enter a structure closed to them by will of an owner or occupant or through absence of the same upon obtaining an administrative search warrant. They may seek accompaniment, as may be approved by a judge to have other enforcement agency representatives accompany them.
(2) Violations and Penalties:
A. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law.
B. Authority. In any case where any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this title, as determined by the planning director, his/her designee or a code compliance officer or otherwise other proper legal authorities of the city, that authority may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy or use of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such building, structure or land. In exercising enforcement authority, the city representative shall follow any specific remedial/enforcement sections listed in relevant chapters of this title or, in their absence, adhere to the provisions of this section specifically.
C. Notice of Violation: Upon the awareness of any violation of any of the provisions of this title the planning director, his/her designee, or, a code compliance officer shall serve notice of such violation on the person committing or permitting the same, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. and if such violation has not ceased within such reasonable length of time as the planning director, or his/her designee, or, a code compliance officer may determine, he/she will take action as may be necessary to terminate the violation as specified below. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
D. Corrective action: If such violation has not ceased within such reasonable length of time as the planning director, or, his/her designee, or a code compliance officer may determine, then the planning director, or his/her designee or a code compliance officer shall take such action as may be necessary to terminate the violation. This may infer initial issuance of a citation, solicitation of assistance from other local authorities, abatement of a nuisance, posting of some type of cease and desist or stop work order, withholding a certificate of occupancy or building permit, etc., or pursuit of legal remedies.
E. Penalties: Any person or corporation, whether owner, lessee, principal agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements approved under this chapter shall be subject to fine and/or imprisonment up to, but not exceeding, the maximum penalties set forth in Idaho Code section 50-302, as amended. Either or both such fine and imprisonment may be imposed. Each day's continued violation shall constitute a separate additional violation.
(3) Administrative Citation Process:
A. Scope: This section provides for an administrative remedy for any violation of this chapter, chapters 11, 12 and/or 13 of this code, including continuing violations related to any provisions of this chapter, chapters 11, 12, and/or 13 of this code. This remedy may be exercised in place of, or in addition to, any other administrative, criminal, civil, or equitable remedy allowed by law. (Ord. 2789, 10-5-2009)
1. Procedure For Service:
(A) Unless otherwise provided, service of the first violation warning that is required by this section may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by mailing a copy to the responsible person or his/her agent at his/her last known address, by regular mail. Service by mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
(B) Unless otherwise provided, service of any other document or notice required by this section, other than the first violation warning, may be made by delivery of a copy to the responsible person or his/her agent, or if neither is to be found within the city, by certified mail. Service by certified mail shall be deemed complete upon mailing. The citing official must, in writing in the case file along with his/her signature, declare the date of mailing or delivery, together with the acknowledgment of receipt, signed by the responsible person or his/her agent, if one is obtained. Failure to receive any notice does not affect the validity of the proceedings conducted under this section.
A. Responsibility Of Cited Party: Upon service of a violation warning, the responsible person shall comply with said warning to remedy the violation within the time specified. Upon service of an administrative citation, the responsible person shall pay the assessed fines and remedy the violation.
B. Content Of Violation Warning: A violation warning shall contain all of the following information:
1. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (3)D1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section.
2. The city code section violated and a description of the violation.
3. The action required to correct the violation and the date by which such action must be completed.
4. The consequences of failing to correct the violation, except for the first violation warning which shall not contain the consequences.
5. The name and signature of the citing official.
D. Violation Warnings:
1. A first violation warning shall be issued for all code violations and shall ordinarily provide ten (10) days to correct the violation. At the discretion of the citing official and based on immediate dangers to health or safety, a shorter time for correction may be set forth in the first violation warning.
2. A second violation warning, identified as "second notice", shall be issued for all code violations in the event the first violation warning goes unheeded and the code violations remain at the end of the time frame given in the first violation warning to correct said code violations. The second violation warning shall give a minimum of ten (10) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety.
3. A final violation warning, identified as "final notice", shall be issued for all code violations in the event the first violation warning and the second violation warnings go unheeded and the code violations remain at the end of time frame given in the second violation warning to correct said code violations. The final violation warning shall give a minimum of five (5) days to correct the violation. Maximum time to correct the violation shall be at the discretion of the citing official and shall be based in part on any immediate dangers to health or safety. The final violation warning shall list the amount of the fine that will be imposed if there is no compliance with said final violation warning.
E. Violation Warning Satisfied: If the citing official determines that all violations specified in the violation warning have been corrected within the time set forth in the violation warning, no further action under this section shall be taken against the responsible person regarding the violations.
F. Failure To Comply With Violation Warning: If the responsible person fails to fully comply with the final violation warning within the time specified, the citing official may issue an administrative citation as provided in this section. The issuance of the administrative citation does not alleviate or negate the responsible person's obligation to fully comply with the violation warning.
G. Content Of Administrative Citation: An administrative citation shall contain all of the following information:
1. The location of the violation and the date the violation was first detected. The date of service of the first violation warning, as set forth in subsection (5)E1 of this section, shall be deemed to be the date the violation was first detected, for purposes of this section. (Ord. 2958, 3-3-2014)
2. The code section violated and a description of the violation.
3. An outline of the violation warnings issued, and the time frames given within said violation warnings.
4. The amount of the fine imposed for the violation as well as the time frame within which said fine shall be paid and place of payment for said fine.
5. An order prohibiting another occurrence of the code violation.
6. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain an administrative hearing request form to contest the administrative citation.
7. The name and signature of the citing official.
H. Administrative Fines:
1. For any violation of this chapter the administrative fine shall be twenty-five dollars ($25.00) per day for each day's continued violation for a first violation with a maximum fine amount of three hundred dollars ($300.00); fifty dollars ($50.00) per day for each day's continued violation for a second violation with a maximum fine amount of four hundred dollars ($400.00); and one hundred dollars ($100.00) per day for each day's continued violation for a third violation for a maximum fine amount of six hundred dollars ($600.00) as well as for additional violations occurring within a twelve (12) month period. The fines imposed thereafter may be set forth in a resolution adopted by the city council.
2. Because a new and separate offense occurs under section 10-01-09 of this chapter each day during which a violation of any provision or requirement of this code is committed, continued, or permitted, the citing official shall assess fines according to the schedule set forth in subsection (9)A of this section for each day from the date for which compliance was directed in the first violation warning until the date the violation is fully corrected as determined by the citing official or until the maximum fine amount is reached, whichever comes first.
3. Administrative fines assessed for failing to fully comply with violation warning or administrative citation is a debt owed to the city.
I. Payment Of Administrative Fine: The administrative fine shall be paid to the planning and zoning department within thirty (30) days from the date of service of the administrative citation. If, after a hearing requested pursuant to subsection (11) of this section, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded.
J. Request For Administrative Hearing:
1. Any responsible person to whom an administrative citation is issued may contest the citation by:
(A) Completing an administrative hearing request form and returning it to the planning and zoning department;
(B) Providing a complete and current mailing address for service of papers, including notices on the responsible party, by mail; and
(C) Depositing the administrative fine with the planning and zoning department.
2. The planning and zoning department must receive a completed administrative hearing request form and the administrative fine within thirty (30) days from the date of service of the administrative citation. If both items are not received within the required time frame, the responsible person waives the right to a hearing.
3. The citing official shall serve notice on the person requesting the hearing of the time and place of the hearing at least seven (7) days before the date of the hearing. The citing official shall serve any documentation, other than the administrative citation, that the citing official has submitted or will submit to the hearing officer on the person requesting the hearing at least five (5) days before the date of the hearing. Service shall be in accordance with subsection (2) of this section.
K. Time For Administrative Hearing: Only after an administrative hearing request form is received by the planning and zoning department within the required period and the responsible person requesting the hearing has deposited the administrative fine in full, shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days, but no more than sixty (60) days, after the date of filing the administrative hearing request form.
L. Request For Continuance Of Hearing: The responsible person requesting a hearing may request one continuance, which shall be granted if deemed reasonable by the city. The city may also continue the hearing at its own discretion.
M. Appointment Of Administrative Hearing Officer: The planning and zoning director or his/her authorized designee shall select an administrative hearing officer. The city council shall approve said selection and appoint the administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for financial, economic or other bias. In no event shall the administrative hearing officer be the citing official. The compensation, if any, of the administrative hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the administrative hearing officer.
N. Procedures At Administrative Hearing: Administrative hearings are not public hearings and are informal. Formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this chapter, chapters 11, 12 and/or 13 of this code. The administrative citation and any additional reports submitted by the citing official shall constitute evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.
O. Failure To Attend Administrative Hearing: If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person shall be deemed to have waived the right to an administrative hearing.
P. Decision Of Administrative Hearing Officer:
1. Issuance Of Decision: No later than fifteen (15) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal, said appeal process outlined in subsection 10-03-04
(9) of this article.
2. Administrative Citation: The administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited because advance deposit has been waived by the city on the grounds of hardship or otherwise, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
3. Administrative Order: With regard to the administrative hearing officer's decision, it shall be entitled "administrative order". The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the violation warnings and administrative citation, and regarding whether the responsible person took the required corrective action within the time period set forth in the violation warnings. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the administrative hearing officer determines that the violation(s) set forth in the violation warning did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be refunded.
4. Administrative Costs: The administrative hearing officer may assess against the responsible person administrative costs for any violation found to exist, or for any violation that was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with administrative hearings pertaining to the violation, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing, and costs for all inspections necessary to enforce the violation warning, administrative citation and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.
Q. Administrative Hearing Application Fee: The city council shall by resolution establish an application fee to be paid by the person seeking an administrative appeal hearing.
R. Late Payment Charges: Any person who fails to pay to the city on or before the due date any administrative fine imposed pursuant to the provisions of this section shall be liable for the payment of late payment charges in the amount of fifty percent (50%) of the administrative fine payable to the city over and above the original fine. (Ord. 2789, 10-5-2009)
S. Failure To Comply With Administrative Order: Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. (Ord. 3576, 3-19-2024)
(1) Authority and Purpose: In accordance with the allowances made by state law, a property owner or developer may request, or the city may require, that an application for rezone or zoning map amendment be processed in conjunction with the execution of a development agreement. Through such agreements, a property owner or developer may agree to make written conditional commitments concerning the use or development of a subject parcel in exchange for the change of zoning requested. The purpose of such agreements shall be to allow development that provides benefits for both the property owner or developer and the city by providing a balance between the owner or developer's desire for certainty in the development process and the city's desire for control of the impacts of the project.
(2) Process:
A. Creation and Form. At a minimum, development agreements shall include the following:
1. A legal description of the subject property;
2. A description of the uses permitted or conditionally permitted through special use permit on the land, which may include conceptual site plans, building elevations showing exterior building treatments and designs, signage, landscaping and parking designs, and other pertinent exhibits;
3. Provisions for any reservation or dedication of land;
4. The duration of the agreement; and
5. The commitments or other terms of the agreement.
B. Commitments and Safeguards. The written commitments or conditions exacted shall be specific and shall have a reasonable relation to the zoning change approved. In addition, the following safeguards shall be applied:
1. A development agreement shall only be allowed in connection with annexations or rezones.
2. A development agreement shall be binding on the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel, unless otherwise modified, terminated, or expired.
3. A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property set forth within any duly executed agreement.
4. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
5. When a commitment is required to be satisfied prior to completion of construction and it is not so satisfied, construction shall be halted until compliance is established.
6. The negotiation of a development agreement, and its signature by the applicant and the owner, does not commit the council to the adoption of the zoning map amendment; a zoning map amendment subject to a development agreement, in turn, shall not be effective until such time as all parties have signed the development agreement, and a notice of development agreement has been recorded.
7. The establishment of a development agreement and the written commitments contained therein in accordance with the provisions of this section shall be deemed written consent for the city council to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement.
8. Conditional commitments made under such agreements are in addition to the regulations provided for in the zoning district by ordinance and are established to ensure compatibility of the resulting land use with the surrounding area.
9. A written development agreement may include commitments for one or more of the following purposes:
(A) To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the comprehensive plan;
(B) To entertain allowing a specific use or uses of the parcel for which the development agreement is sought, including uses in a zone not normally allowed therein;
(C) To conform the zoning map amendment to the comprehensive plan;
(D) To conform development under the zoning map amendment to existing patterns of development in the surrounding neighborhood;
(E) To mitigate the adverse effects of development under the zoning map amendment on the surrounding neighborhood and on public facilities and services; or
(F) To narrow the permitted or specially permitted uses in the zone.
(G) Limit residential density; or prohibit structures, or uses of land or structures, otherwise permitted in a zone;
(H) Require compliance with a site plan and/or design standards for structures and other site features;
(I) Require compliance with a site plan approved by the council either in conjunction with the rezoning or under the procedures for a special use;
(j) Require the construction and installation of improvements, including public improvements; or
(k) Impose time limits for taking subsequent development actions.
C. Recordation. Development agreements shall take effect and shall be recorded by the city in the office of the county recorder upon the adoption of the ordinance establishing the zoning map amendment by the city council.
D. Zoning Map Identification. A zoning action subject to a development agreement shall be identified on the zoning map by the suffix "DA", and the number of the ordinance applying to the development agreement.
E. Development Agreement Expiration. Development agreements shall expire within five (5) years if no development or improvements have begun on the subject parcel(s), unless otherwise negotiated in the agreement, or an request for an extension has been granted.
F. Modification, Enforcement, Extension, and Termination.
1. Modifications. A development agreement may be modified by request of an applicant or the city only after an approving vote of the council after complying with the notice and hearing provisions of this chapter. Modification of and to an executed agreement shall be required by the planning director or his/her designee under the following circumstances:
(a) A change to any of the terms or conditions of the original development agreement is proposed;
(b) A substantial change to any established positioning of any structure over 200 square feet in area is proposed;
(c) A substantial change to any approved parking or landscaping area layout or arrangement is proposed;
(d) A substantial change to any approved set of building elevations or exterior appearance or design is proposed;
(e) A substantial change to any of the approved land uses listed within the development agreement; and/or
(f) A substantial change to any development agreement for signage is proposed.
2. Enforcement. If a commitment involves ongoing performance and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter and for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
3. Extensions. The period of time for compliance of commitments may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter. In addition, the five-year expiration period may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions of this chapter.
4. Termination. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the following:
(a) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within two (2) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(b) Failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to begin development or improvements on the subject parcel within five (5) years, and after complying with the notice and hearing provisions of section 67-6509, Idaho Code.
(c) Upon termination of the development agreement, the property may revert to the zone applicable prior to the adoption of the development agreement or application for zone change, or to the least intensive zoning classification (low density residential) as deemed appropriate by the Planning Director. If the zone reverts to the prior zone, all uses of the property which are not consistent with the subsequently applied zone following termination of the development agreement shall cease. The owner of the parcel may apply for a special use of the parcel if such use is a specially permitted use within the subsequently applied zone. (Ord. 2729, 5-5-2008; Ord. 2755, 9-22-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 2896, 4-2-2012; Ord. 2911, 9-4-2012; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3176, 11-5-2018; Ord. 3237, 10-7-2019; Ord. 3576, 3-19-2024)
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