CHAPTER 7
ZONING ADMINISTRATION AND ENFORCEMENT

SECTION:

8-7-1: Zoning Administrator

8-7-2: Zoning Permits And Certificates Of Occupancy

8-7-3: Conditional Uses

8-7-3-1: Purpose And Interpretation Of Conditional Use

8-7-3-2: General Standards For Conditional Uses

8-7-3-3: Public Sites And Open Spaces

8-7-3-4: Supplementary Conditions And Safeguards

8-7-3-5: Conditional Use Permit

8-7-4: Appeals, Variances And Requests For Reconsideration

8-7-4-1: Administrative Appeals

8-7-4-2: Variances

8-7-4-3: Supplementary Conditions And Safeguards

8-7-4-4: Procedure For Approval Of A Variance

8-7-4-5: Request For Reconsideration By Affected Persons

8-7-5: Amendments

8-7-6: Zoning Upon Annexation

8-7-7: Schedule Of Fees, Charges And Expenses

8-7-8: Notice Requirements

8-7-9: Violations And Penalties

8-7-10: Application Deemed Null And Void

8-7-1: ZONING ADMINISTRATOR:

   A.   Position Created, Appointment: For the purpose of carrying out the provisions of titles 8, 9, and 10 of the Eagle City Code, a zoning administrator is hereby created, who shall be appointed by the mayor with the consent of the council. The zoning administrator or the zoning administrator's designee shall administer titles 8, 9, 10, and 11 of the Eagle City Code.

   B.   Duties: For the purpose of this title, the administrator shall have the following duties:

      1.   To advise interested persons of the zoning ordinance provisions of this title;

      2.   To notify the news media regarding matters of public interest;

      3.   To aid applicants in the preparation and expedition of required applications;

      4.   To issue zoning permits, certificate of occupancy permits, notifications and such similar administrative duties;

      5.   To investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation; and

      6.   To assist the council in carrying out the provisions of this title. (Ord. 40, 10-1978, rev. 9-1980; amd. 1985 Code; Ord. 827, 10-22-2020)

8-7-2: ZONING PERMITS AND CERTIFICATES OF OCCUPANCY:

   A.   Zoning Permit:

      1.   Permit Required: No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit therefor issued by the administrator. Zoning permits shall be issued only in conformity with the provisions of this title.

      2.   Application For Permit: The application for zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is not substantially completed within one year. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of applicant;

         b.   Legal description of property;

         c.   Existing use;

         d.   Proposed use;

         e.   Zoning district;

         f.   Plan, drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;

         g.   Building heights;

         h.   Number of off street parking spaces or loading berths;

         i.   Number of dwelling units;

         j.   Proposed sewer and water facilities; and

         k.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title.

      3.   Approval Of Permit, Issuance: Within thirty (30) days after the receipt of an application, the administrator shall either approve or disapprove the application in conformance with the provisions of this title. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy and one copy of plans, similarly marked, shall be retained by the administrator. The administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title.

      4.   Expiration and Revocation of Permit: If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire. It shall be revoked by the administrator and written notice thereof shall be given to the persons affected. Additionally, the administrator may, in writing, suspend or revoke a zoning permit and may issue a stop work order; upon any violation of any requirement, law, regulation, code or ordinance related to property for which the zoning permit has been issued; whenever the permit is found to have been issued in error; or on the basis of incorrect information having been supplied to the city.

   B.   Certificates Of Occupancy:

      1.   Certificate Of Occupancy Required: It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrator stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed.

      2.   Temporary Certificate Of Occupancy: A temporary certificate of occupancy may be issued by the administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

   C.   Unlawful Acts:

      1.   Failure To Obtain Permit Or Certificate: Failure to obtain a zoning permit or certificate of occupancy shall be a violation of this title.

      2.   Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy issued on the basis of plans and applications approved by the administrator authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

8-7-3: CONDITIONAL USES:

8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:

   A.   Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   B.   Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming one.

   C.   Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 “Variances” may be permitted through issuance of a conditional use permit. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021)

8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES:

The commission/council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved, or section 8-7-3-1 (C) of this chapter, or as may otherwise be established by this title;

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;

   C.   Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   D.   Will not be hazardous or disturbing to existing or future neighboring uses;

   E.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   G.   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

   H.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

   I.   Will not result in the destruction, loss or damage of agricultural lands or any natural open space, scenic, cultural, or historic feature of major importance without adequate mitigation as determined by the city council. (Ord. 40, 10-1978, rev. 9-1980; amd. Ord. 858, 10-26-2021; Ord. 868, 8-8-2022)

8-7-3-3: PUBLIC SITES AND OPEN SPACES:

Public sites and open spaces shall conform to the following:

   A.   Public Uses: Where it is determined that a proposed park, playground, school or other public use shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the conditional use application.

   B.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development.

   C.   Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 40, 10-1978, rev. 9-1980)

8-7-3-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS:

In granting any conditional use, the council may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title. (Ord. 40, 10-1978, rev. 9-1980)