A. In the interpretation and application of the provisions of this title the requirements will be held to be minimum requirements. When this title imposes a greater restriction upon the use of buildings or premises or requires larger spaces than are imposed by other codes, resolutions, rules and regulations, or covenants, the provisions of this title shall control. The provisions of this title shall be interpreted as shown on the official zoning map on file in the City Clerk’s Office, in compliance with this title as adopted and the City of Hayden Comprehensive Plan.
B. Application: Applications shall be submitted online electronically to the Community Development Department and/or the designee of the Department. The submittal will request sufficient and detailed information to assist the staff and other decision- making bodies with determining if the application is consistent with the standards of approval for the related action.. All applications shall be signed by the property owner or their duly authorized agent, so signified by filing an affidavit of representation. The application shall be accompanied by a certificate of a title insurance company licensed under the laws of the State of Idaho dated no later than 30 days prior to the date of application.
C. Schedule Of Fees, Charges And Expenses: The Council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for the various permits and approvals related to the administration and enforcement of this title requiring investigations, inspections and reporting, application processing and reviews, meetings, legal advertising, postage, staff reports, hearings, written decisions, legal assistance, and other expenses. The schedule of fees shall be retained in the Office of the City Clerk and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. The cost of the title reports, postage, mailings and other items as specified in the adopted fee schedule shall be the sole responsibility of the applicant.
D. Hearing Notices:
1. Written Notices: All required written notices under this title shall provide at a minimum the following information:
a. The address of the property, or another general description by which the public can identify the property;
b. The present land use of the property;
c. A description of the proposed action; and
d. The date, time and place of the public hearing (if applicable).
2. Notice Signs: The applicant shall pay for the installation of the public notice sign to be placed by the City that meets the following specifications:
a. The sign shall contain the following information:
(1) The first line shall read “NOTICE OF PUBLIC HEARING”;
(2) A description of the proposed action; and
(3) The date, time and place of the public hearing. The lettering shall be of sufficient size to be easily readable to the motoring public;
b. The sign shall be installed on the property adjacent to the most heavily traveled public way;
c. The sign shall be of sufficient size and location to be easily readable by the motoring public;
d. The sign shall be posted and maintained on-site by the applicant for the time period specified in this Code for the related application; and
e. The City shall remove the sign no later than seven days following the public hearing.
E. Enforcement: All departments, officials and employees of the City of Hayden vested with the duty of authority to issue permits shall conform to the provisions of this title; and any such permit or approval issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Community Development Director and/or their designee, to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition, location or use of any building or structure.
F. Violations:
1. All new construction, building improvements, alterations, or enlargements, and all new or altered uses of land, undertaken after the effective date hereof, and all new uses or occupancy of premises within the City, shall conform with the requirements, character, and conditions as to use, height, and area for each of the several zones as described in this title. No person shall design, erect, construct, establish, move into, alter, enlarge, or use, or cause or permit to erected, constructed, established, moved into, altered, enlarged, or used, any building, structure, improvement, or use of premises located in any zone described in this title in any manner contrary to the provisions herein.
2. Any person(s), firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued, or permitted. (Ord. 619, 4-13-2021)