18.28.010: SCOPE; SUMMARY TABLE OF PROCEDURES:

   A.   Scope: The administrative procedures set forth in this chapter apply, except as otherwise indicated, to recommendations and decisions made by the Land Use and Development Commission (LUDC) and the City Council (Council) on applications or petitions issuance of conditional use permits, granting of variances, revisions of use districts, and any other amendment of this title or of the city’s comprehensive plan, and administrative decisions by the Community Services Director, or their authorized designee, and appeals and reconsiderations of decisions. This chapter is not intended to supersede other portions of code located in other chapters when specific processes are addressed such as the Creative Community zoning designation process or Planned Unit Development designation process but there may be occasions where processes and decisions found in this chapter are used to guide processes in other portions of city code.

   B.   Summary Table of Procedures:

Procedure	Code Cross-Reference	Description	CSD	LUDC	CC
Conditional Use Permit	18.28.020	Generally		D(PH)	A(PM)1
	18.28.020.D.	Modification s		D(PH)	A(PM)1
Variance	18.28.030	Generally		D(PH)	A(PM)1
	18.28.030.B.12.	Administrati ve	D	A(PM)1	A(PM)1
Comprehensive Plan Amendment (Map or Text)	18.28.040			R(PH)2	D(PM)
Title Amendment (Map or Text) and Initial Zoning Designation	18.28.050			R(PH)2	D(PM)
Annexation	18.28.060				D(PM)1
Requests for Reconsideration	18.28.090				D(PM)
D= Final Decision; R= Recommendation; A= Appeal (only if filed) ; (PH)= Public Hearing; (PM)= Public Meeting (no public hearing); CSD= Community Services Director (or their designee); LUDC= Land Use & Development Commission; CC= City Council

 

Notes:

   1.   If LUDC recommends a material change to the proposal or if the applicant makes a material change to the proposal other than which was initially presented at the hearing, LUDC shall give notice of its proposed recommendation and conduct another public hearing concerning the matter prior to making a recommendation to the City Council. The applicant shall be responsible for the cost of notice mailings and publications if the applicant makes a material change to the proposal.

   2.   Appeals will only occur if filed in accordance with sections 18.28.070 and 18.28.080.

   3.   Category A only. Category B and C annexations will be processed as required by Idaho Code 50-222.

   C.   Public Hearing Notice Requirements:

Procedure	Post on Site1	Surrounding Property Owner Mailing2	Agency/ Political Sub./ Utility Notice3	Publication in Official Newspaper4	Posted on City's Website and on Notice Bulletin5	Notice to Media as PSA6
Conditional Use Permit-General; Conditional Use Permit-Major Modification	Yes	Yes	Yes	Yes	Yes	No
Conditional Use Permit-Minor Modification	Yes	Yes	No	No	No	No
Variance-General	Yes	Yes	Yes	No	No	No
Variance- Administrative	No	No	No	No	No	No
Comprehensive Plan Amendment-Map	Yes	Yes	Yes	Yes	Yes	Yes
Comprehensive Plan Amendment-Text	N/A	N/A	Yes	Yes	Yes	Yes
Title Amendment-Map	Yes	Yes	Yes	Yes	Yes	No
Title Amendment-Text	N/A	N/A	Yes	Yes	Yes	No
Annexation (Does not include initial zoning designation)	Follow requirements established in Idaho Code 50-222 depending on category of annexation
Initial Zoning Designation	Yes	Yes	Yes	Yes	Yes	No
Requests for Reconsideration	No	No	No	No	No	No

 

Notes

   1.   Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed in at least one (1) location on the subject property, and at a location near the property visible from a public roadway if the property does not have public road frontage, at a location deemed most visible to the public by the Community Services Director. To increase visibility, the Community Services Director may post more than one (1) sign per project.

   2.   Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing, notice of the time and place of the hearing, and a summary of the proposal shall be mailed to property owners of record per the Bannock County Assessor. Except for variances, all notices required to be sent to surrounding property owners shall be at a radius of at least 300' from the external boundaries of all contiguous lands owned or controlled by the applicant or applicants of the subject property for which the permit is sought and include any additional land which the Community Services Director deems may be substantially impacted. Notices for variances shall be required to be sent only to adjoining landowners; for purposes of this section, “adjoining” shall also mean property owners across the street. When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site.

   3.   Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent via mail, or via a method otherwise requested by the entity, to the following agencies: Bannock County Assessor, Bannock County Commissioners, Bannock County Road and Bridge, Pocatello-Chubbuck Auditorium District, Portneuf District Library, Pocatello-Chubbuck School District # 25, Pocatello Airport, Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho Public Health District # 6, Bannock Transportation Planning Organization, Idaho Power, Cable One, Century Link, Intermountain Gas, and any other entity deemed appropriate by the Community Services Director. Notice of variance application shall only be required to be sent via mail, or via a method otherwise requested by the entity, to the manager of the Pocatello Airport when the variance, if granted, could create an aviation hazard as defined in Idaho Code section 21-501.

   4.   Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be published in the newspaper named in city code chapter 2.24.

   5.   Posted on City’s Website and on Notice Bulletin: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be posted on the City’s webpage and on the City’s public notice bulletin board in City Hall.

   6.   Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent to other papers, radio, and television stations serving the city for use as a public service announcement (PSA).

(Ord. 528 § 1, 2000; Ord. 832, 2021; Ord. 845, 2022)