Within the Nampa area of city impact, the following ordinances apply but the city of Nampa ordinances are subject to the waiver provisions in subsection (6) of this section:
(1) Canyon County zoning ordinance, as lawfully amended.
(2) City of Nampa's subdivision ordinance, ordinance 3119 and dated June 1, 2002, except for simple divisions (lot split) provisions and except for hearing procedures. The county's hearing procedures shall apply.
(3) The Nampa ordinances or sections from Nampa ordinances that apply by ordinance number and adoption date, even when in conflict with otherwise applicable county provisions, are as follows:
A. Nampa city ordinance 3119, chapter 27, subdivision ordinance, and all standards and specifications adopted thereby, in the form existing as of May 20, 2002.
B. Nampa city ordinance 3151, subsections 10-27-6(J) and (K), and all standards and specifications adopted thereby, in the form existing as of September 3, 2002.
C. Nampa city ordinance 3211, sections 10-27-1 and 10-27-6, and all standards and specifications adopted thereby, in the form existing as of July 4, 2002.
D. Nampa city ordinance 3247, subsections 10-27-2(G) and (H) and section 10-27-15, and all standards and specifications adopted thereby, in the form existing as of August 4, 2003.
E. Nampa city ordinance 3250, subsections 10-27-2(F), 10-27-4(E), section 10-27-5: and subsections 10-27-6(C)2 and 10-27-6(F) and all standards and specifications adopted thereby, in the form existing as of August 18, 2003.
F. Nampa city ordinance 3354, sections 10-27-4, 10-27-10, 10-27-11, and 10-27-12 and all standards and specifications adopted thereby, in the form existing as of June 7, 2004.
G. Nampa city ordinance 3383, section 10-27-15, and all standards and specifications adopted thereby, in the form existing as of October 4, 2004.
H. Nampa city ordinance 3451, subsection 10-27-6(A), and all standards and specifications adopted thereby, in the form existing as of May 30, 2005.
(4) Except as set forth above, all other standards of applicable Canyon County codes and ordinances apply; and
(5) For subdivisions applied for in the Nampa area of city impact, the county will require on the face of each final plat a certification signature line for execution by the city of Nampa engineer attesting to the plat's conformance with the city standards set forth above. Also, the county will not sign a final plat, or authorize the plat to be recorded, prior to the city engineer's signature being on the plat.
(6) Waiver Of City Of Nampa Ordinance Provisions: The standards and requirements listed in the Nampa ordinances, identified in subsections (2) and (3) of this section, may be waived by the board of county 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 Nampa 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 Nampa at least seven (7) days prior to any public hearing. Written objections from the city of Nampa 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 Nampa to the waiver, indicating the date of the request and the response, if any, from the city of Nampa. In granting any waiver, the board 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 county planning and zoning commission at a public hearing, which shall make recommendations to the board of county 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. 05-014, 6-1-2005)