Within the Star area of city impact, the following ordinances apply, but the City of Star ordinances are subject to the waiver provisions in subsection (6) of this section:
(1) Canyon County zoning ordinance, as lawfully amended.
(2) City of Star's subdivision ordinance, Title 8, Chapter 6, of the Unified Development Code, in the form existing as of January 1, 2022, or as may be amended, except for simple division (lot split) provisions and except for hearing procedures. The county's hearing procedures shall apply.
(3) The following City of Star ordinances apply, even when in conflict with otherwise applicable county provisions:
A. City road widths and profiles found in Title 8, Chapter 6, Article B of the City of Star Unified Development Code, in the form existing as of January 1, 2022, or as may be amended;
B. Unified Development Code of the City of Star, Title 8, Chapter 8, Article D, "Star Landscape Ordinance", in the form existing as of January 1, 2022, or as may be amended.
C. City of Star adopted Economic Corridors Access and Roadway Connection Management Plan ("ECMAP"), in the form existing as of January 1, 2022, or as may be amended. The ECAMP shall be given the same consideration as the adopted Canyon County functional classification map.
(4) Except as set forth above, all other standards of applicable Canyon County codes and ordinances; and
(5) For subdivisions and planned unit developments applied for in the Star area of city impact, Canyon County will require on the face of each final plat a certification line for execution by the City of Star engineer attesting to the plat's conformance with the city standards set forth above. Also, Canyon County will not sign a final plat, or authorize the plat to be recorded, prior to the city engineer's signing the plat.
(6) Waiver of City of Star Ordinance Provisions: The requirements listed in the Star ordinances, identified in subsections (2) and (3) of this section, may be waived by the Canyon County board of commissioners in its discretion. An applicant for such waiver bears the burden of persuasion and must specifically state the reasons why a waiver is necessary and prove said waiver will not cause an adverse effect to the health, safety and welfare of the community and that the requirements sought to be waived constitute an undue hardship. For the purpose of this section, increased financial expense associated with a requirement, by itself, does not constitute an undue hardship. Notice of the requested waiver must be given to the City of Star not less than thirty (30) days prior to the hearing on the waiver application. Any further notice on the proposed waiver will be provided to the City of Star at least seven (7) days prior to any public hearing. Written objections from the City of Star will be considered by the Canyon County commissioners. The application for waiver must show that prior to filing the application, the applicant first sought consent from the City of Star to the waiver, indicating the date of the request and the response, if any, from the city of Star. In granting any waiver, the county may impose any conditions the county deems necessary to help mitigate any adverse effect to the health, safety and welfare of the community. The application for waiver will first be considered by the Canyon County planning and zoning commission at a public hearing, which shall make recommendations to the Canyon County board of commissioners for their consideration at a public hearing. The public hearings held before the Canyon County planning and zoning commission and the Canyon County board of commissioners will be conducted in accordance with the notice and hearing procedures provided by subsections 07-17-09(4) and (5) of this code. (Ord. 22-003, 3-15-2022)