Within the Caldwell area of city impact, the following ordinances apply, but the city of Caldwell ordinances are subject to the waiver provisions in subsection (6) of this section:
(1) Canyon County zoning ordinance, as lawfully amended.
(2) City of Caldwell's subdivision ordinance, ordinance 1758, in the form existing as of April 1, 2005, except for simple division (lot split) provisions and except for hearing procedures. The county's hearing procedures shall apply.
(3) The following city of Caldwell ordinances apply, even when in conflict with otherwise applicable county provisions:
A. City road widths and profiles found in subsections 11-03-03(2), (3), (4), and (5) of the city of Caldwell municipal code, in the form existing as of April 1, 2005;
B. Caldwell city ordinance 2541, and all standards and specifications adopted thereby, in the form existing as of April 1, 2005.
C. Caldwell city ordinance 2548, in the form existing as of April 1, 2005.
D. Municipal code of the city of Caldwell, chapter 10, article 7, "Caldwell Landscape Ordinance", in the form existing as of April 1, 2005.
E. Municipal code of the city of Caldwell, chapter 10, article 8, "Caldwell Tree Ordinance", in the form existing as of April 1, 2005.
F. Municipal code of the city of Caldwell, chapter 10, article 10, "Transportation Policies And Practices", in the form existing as of April 1, 2005.
G. Municipal code of the city of Caldwell, chapter 4, article 17, "Caldwell Irrigation Utility Ordinance", in the form existing as of April 1, 2005.
(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 Caldwell area of city impact, Canyon County will require on the face of each final plat a certification line for execution by the city of Caldwell 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 Caldwell Ordinance Provisions: The requirements listed in the Caldwell 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 Caldwell 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 Caldwell at least seven (7) days prior to any public hearing. Written objections from the city of Caldwell 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 Caldwell to the waiver, indicating the date of the request and the response, if any, from the city of Caldwell. 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. 05-013, 6-1-2005)