Within the Wilder area of city impact, the following ordinances apply which are subject to the city of Wilder ordinance waiver provisions in subsection (6) of this section:
(1) Canyon County zoning ordinance 05-002 as amended.
(2) City of Wilder's subdivision ordinances, codified at title 10 of the Wilder city code, except for simple divisions (lot split) provisions and except for hearing procedures. The county's lot split provisions and hearing procedures shall apply.
(3) City council resolution 401, dated January 11, 2005, adopting the "city of Wilder street standards and development procedures" shall apply, even when in conflict with otherwise applicable county provisions.
(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 Wilder area of city impact, the county will require on the face of each final plat a certification signature line for execution by the city engineer of the city of Wilder 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) The standards and requirements listed in title 10 of the Wilder city code and resolution 401, 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 Wilder 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 Wilder at least seven (7) days prior to any public hearing. Written objections from the city of Wilder 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 Wilder to the waiver, indicating the date of the request and the response, if any, from the city of Wilder. 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 Canyon County zoning ordinance, subsections 07-17-09(4) and (5) of this code, as amended. (Ord. 05-015, 10-7-2005)