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A. Noncompliance: The City shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the applicable provisions of this Code. Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the City may issue a Notice of Violation and order any work stopped by written notice. Such Notice of Violation or Stop Work Order may be served on any persons engaged in doing or causing such work to be done, and upon such service, persons shall forthwith stop such work until authorized by the City to proceed. If no persons are present, the Stop Work Order shall be posted in a conspicuous location at the site.
B. Notice of Violation: A copy of the Notice of Violation shall be mailed to the property owner of record and any known holder of any legal interest in the property, if applicable. The notification shall include:
1. The property owner and the legal description of the parcel, as well as the street address, if any;
2. A detailed description of the nature of the violation;
3. A description of remedial actions that could be undertaken to resolve the violation; and
4. The length of time allotted to resolve the violation.
The property owner shall have 45 days from the date the Notice of Violation was mailed to resolve the violation. If resolution does not occur within those 45 days, the Notice of Violation may be recorded in the Office of the County Recorder, with a copy mailed to the owner.
C. Appeals: The Notice of Violation shall also advise the owner of the process for appeals of Notices of Violation and Stop Work Orders. An owner or a holder of any legal interest in the property may appeal a Notice of Violation or Stop Work Order pursuant to section 1-1-5 of this Code. The appeal shall be heard in accordance with subsection 1-1-5(B) of this Code. If the appeal is denied (i.e., the action is affirmed), the City Council shall specify an exact number of days to gain compliance with this title before the Notice of Violation is recorded, and may add or remove conditions of remedial action. If the appeal is approved (i.e., the action is reversed), the City Council shall specify actions to be taken to release the violation.
D. Fees: Prior to or at such time as a violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule unless the enforcement action was reversed by the City Council or a court of competent jurisdiction. Upon payment of such fees or a determination that payment of fees is not necessary, the City shall cause a Release of Notice of Violation to be recorded in the Office of the County Recorder. The release shall contain all of the information contained in the Notice of Violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner.
E. Complaints: Any affected person may file a written complaint alleging that a violation of this Code has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the City Clerk. The City shall investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this chapter.
F. Penalties: Penalties for failure to comply with or violations of the provisions of Title 9 (Building Regulations), 10 (Land Use & Development), 11 (Zoning Regulations), or 12 (Subdivision Regulations) of this Code shall be as follows:
1. A first violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements shall constitute an infraction punishable as set forth in subsection 1-3-1 (B) of this Code.
2. A second or subsequent conviction for violation of any of the provisions of title 9, 10, or 11 of this Code, or failure to comply with any of their requirements within 12 months of the first violation shall constitute a misdemeanor punishable as set forth in subsection 1-3-1(C) of this Code, with a maximum fine of $1000.00 and 180 days in jail.
3. Each day on which a violation continues shall be considered a separate violation for purposes of both civil and criminal action. The landowner, tenant, sub divider, builder, or any other person(s) who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the City Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of title 9, 10 or 11 of this Code, or of Idaho Code.
G. The City Attorney or other attorney who represents the City may also take civil action in District Court to prevent, restrain, correct, or abate any action taken, or which may be taken, in violation of title 9, 10, 11, or 12 of this Code, to vacate any subdivision or condominium plat recorded in violation of title 12 of this Code, or to otherwise enforce the provisions of this Code. In addition to other actions that may be ordered by the court, if the City prevails, the violator shall pay to the City all fees associated with the violation then due and owing. The City may also seek the imposition of a civil penalty in an amount not to exceed $1,000.00 per violation per day, with a total maximum civil penalty of $10,000.00.
H. In cases where multiple individuals, firms, corporations or agents participated in violating Title 9, 10 or 11 of this Code, they may be held jointly and severally liable for any remedies, penalties or payments.
I. The City may withhold issuance of permits for subdivisions, lots, or parcels of land that are in violation of any provision of Title 9, 10, 11, or 12 of this Code. Withholding of permits may be appealed in accordance with section 1-1-5 of this Code. Applications for approvals authorized by this title will not be scheduled for hearing until all violations of this Code are corrected, except when the purpose of the approval is to correct the violations of this Code then existing. These requirements may be appealed in accordance with section 1-1-5 of this Code. (Ord. 619, 4-13-2021)
A. The City is hereby divided into zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this title. If, in accordance with the provisions of this title, changes are made in zone boundaries or other matter portrayed on the official zoning district map, such changes shall be entered on the official zoning district map promptly after the amendment has been approved by the Council.
1. No changes of any nature shall be made in the official zoning district map or matter shown thereon except in conformity with the procedures set forth in this title. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this title.
2. Regardless of the existence of purported copies of the official zoning district map which may from time to time be made or published, the official zoning district map which shall be located in the Office of the City Clerk shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the City.
3. In the event that the official zoning district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Council may by resolution adopt a new official zoning district map which shall supersede the prior official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no such corrections shall have the effect of amending the original official zoning district map or any subsequent amendment thereof. Map shall contain the following statement: “This is to verify that this Official Zoning District Map supersedes and replaces the Official Zoning District Map adopted (date of adoption of map being replaced).”
4. Unless the prior official zoning district map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
B. Rules For Interpretation Of Zone Boundaries: When uncertainty exists as to the boundaries of a zone as shown on the official zoning district map, the following rules shall apply to zone boundaries:
Approximately Following | Shall Be Construed To Follow |
Approximately Following | Shall Be Construed To Follow |
Centerline of streets, highways or alleys | The centerlines |
Platted lot lines | The lot lines |
City limits | City limits |
Railroad lines | Midway between the main tracks |
Shorelines | Actual shorelines |
Centerline of streams, rivers, canals, lakes, or other bodies of water | The centerlines |
Township or section lines | Township or section lines |
1. Boundaries indicated as parallel to extensions of features indicated in the table of this section, shall be so construed.;
2. When physical or cultural features existing on the ground are at variance with those shown on the official zoning district map, or in the other circumstances not covered in the table of this section, the Council shall interpret the district or zone boundaries;
3. Where a zone boundary line divides a lot which was in single ownership at the time of passage hereof, the Council may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district or zone into the remaining portion of the lot.
C. Application Of Zone Regulations: The regulations set by this title within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use. (Ord. 619, 4-13-2021)
Whenever the public necessity, convenience, and general welfare or good zoning practices require, the City Council may, by ordinance and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
A. New And Unlisted Uses: It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Hayden. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use, or a use for which the Community Development Director cannot make a determination that it is similar to other uses, and therefore is a prohibited form of land use, shall be made as follows:
1. The question concerning any new or unlisted use shall be accompanied by a statement of facts listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
2. The Council shall consider the nature and describe the performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the type of zone within which such use should be permitted.
B. Amendment To Zoning Map: An amendment to change the zoning map may be initiated by the council, or an application to amend the zoning map may be made by the owner or contract buyer of the subject property by filing an application and a petition electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the applicant.
C. Amendment To Text Of Zoning Ordinance: An amendment to the text of the zoning ordinance may be initiated by the City Council, or an application to amend the text may be made by filing an application and petition in writing filed electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the petitioner.
D. Application For Zone Map Change: Application for amendments to the official zoning map shall contain at least the following information:
1. Name, address and telephone number of applicant;
2. Present land use;
3. Present zoning district;
4. Proposed land use;
5. Proposed zoning district;
6. A vicinity map (drawn to a readable scale) showing property lines, thoroughfares, linear feet measurements for all parcels of land within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and the existing zoning district for each parcel;
7. A list of all property owners and purchasers and their mailing addresses who are within 300' of the external boundaries, streets and alleys excluded, of the land being considered and keyed to the vicinity map;
8. A certificate of a reputable title insurance company licensed under the laws of the state of Idaho, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon the tax rolls of the county assessor of Kootenai County within the land being considered. The cost of the title report shall be the sole responsibility of the applicant.
9. A statement on how the proposed amendment meets the standards of approval specified in subsection 11-1-7(E)(6) of this chapter.
E. Amendment Procedures:
1. Agency and Public Notice: Once the City staff has reviewed the application and the staff has determined that the application is complete and that sufficient information regarding the proposal can be provided, notice will be provided to involved public agencies, as identified by the City. This notice shall allow 14 days for agency comment and the results of the agency comment shall accompany and be incorporated in summary in the staff report. At least 15 days prior to the hearing notice of the amendment, shall be published in the official newspaper of the City of Hayden, and additional notice by first class mail shall be provided to property owners and purchasers within 300', excluding streets and alleys, of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the Council. When notice is required to 200 or more property owners or purchasers of record, notice may be given through a display advertisement at least four inches by two columns in size in the official newspaper of the City at least 15 days prior to the hearing date, in addition to site posting on all external boundaries of the site, in lieu of mailed notice.
2. Planning and Zoning Commission Public Hearing: At, or prior to, the public hearing, the City staff will provide a report to the Planning and Zoning Commission.
3. Planning and Zoning Commission Recommendation: After the Planning and Zoning Commission has reviewed the amendment at the public hearing, the commission shall forward a written recommendation to the City Council. The commission shall recommend approval or disapproval of the amendment as soon as practicable.
4. City Council Public Hearing: No additional agency notice shall be required in advance of this public hearing, unless the Planning and Zoning Commission recommendation consists of a material change from what was requested. All other noticing requirements shall follow those identified in 11-1-7(E)(1). At, or prior to, the public hearing, the City staff will provide a report to the City Council.
5. City Council Decision: Upon receipt of the Written Recommendation from the Planning and Zoning Commission, and public hearing notice, the amendment request will be placed on the next available City Council agenda. The City Council, upon receipt of the recommendations from the Planning and Zoning Commission, and after opportunity to review the file and minutes from the Planning and Zoning Commission public hearing, and after receiving testimony at a public hearing with the City Council shall act upon the request.
a. The City Council prior to adopting, revising, or rejecting the amendment to the zoning ordinance or map, and having made no material change from what was presented at the Planning and Zoning Commission and/or City Council public hearing, shall make a decision.
b. Upon granting or denying an application to amend the text of the zoning ordinance or the zoning map, the City Council shall specify in writing:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
c. In the event that City Council shall approve an amendment, such an amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance and/or the City zone map duly amended as identified by the decision.
6. Additional Public Hearing: Following the City Council’s public meeting hearing, if the City Council makes a material change from what was presented at the public hearing(s), further notice and an additional public hearing shall be provided before the City Council makes a final decision.
7. Standards Of Approval: If the request meets the following standards of approval, the City Council may adopt the ordinance amendment:
a. The Commission shall consider the existing zoning district or regulations, and may recommend approval, conditional approval, modification, or denial of the proposal or the commission may defer action until completion of such studies or plans as may be necessary to determine the advisability of the proposal.
b. The City Council may impose conditions upon rezoning where such conditions are required to ensure that proposed uses of the area are consistent with community needs and its public health, safety, and general welfare. The Planning and Zoning Commission may recommend conditions upon rezoning for the City Council’s consideration.
c. Amendments to the zone map and zone text shall be in accordance with the Future Land Use Map and the goals and policies found in the Hayden Comprehensive Plan.
d. Amendments to the zone map and zone text shall align with the zone district’s purpose and intent.
e. Amendment to the zone map and zone text shall be consistent with the neighborhood contexts.
8. Amendment to Comprehensive Plan: If the request is not in accordance with the adopted comprehensive plan, the City Council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in section 67-6509, Idaho Code. After the comprehensive plan has been amended as hereinafter provided for, the City Council shall hold a public hearing and make a decision on the proposed zoning amendment. (Ord. 619, 4-13-2021; amd. Ord. 631, 5-10-2022; Ord. 645, 3-23-2023)
A. Application for an exception from a particular provision, regulation, or design standard may be made as an administrative exception. Neither the number, size, location nor maintenance of existing parking and loading spaces shall be altered or reduced below the requirements specified for the use except if authorized with the approval of an exception request. Application fees for administrative exceptions are as per the current fee schedule adopted by the City Council.
B. Modifications that are considered to be minor in nature, as determined by the Community Development Director or his/her designee shall not require application or payment of fees.
C. Exceptions may be considered for the number and/or type of required parking spaces and loading spaces, the location of the parking area with respect to the facility being served, and/or design standards for items such as, lighting, landscaping, parking, circulation, etc. Exception requests for more than thirty five percent (35%) of the required standard shall be subject to an open public meeting before the Planning and Zoning Commission. Exception requests for more than fifty percent (50%) of the required standard shall be subject to a public hearing process before the Planning and Zoning Commission as identified in Hayden City Code 11-1-7E.1.
D. Exceptions and minor modifications may only be granted based upon the following findings:
1. The requested exception is based upon a unique character or feature of the property or use, which does not generally apply to other properties or similar uses subject to the requirement from which an exception is sought;
2. The requested exception will not be injurious to the public safety and welfare;
3. If approved, the requested exception or minor modification will be equally protective of the public interest, and will otherwise achieve the identified purposes of this chapter; and
4. If a reduction in required parking is requested, the applicant has provided sufficient evidence to demonstrate that the off street parking proposed will be adequate to meet the needs of the present use, and likely future uses; such evidence may include, but is not limited to, a consideration of on street parking available to serve the subject property.
E. Decisions of the Community Development Director or his/her designee or Planning and Zoning Commission may be appealed to City Council as provided for in this title. (Ord. 619, 4-13-2021)
A. General Provisions:
1. The Council shall hear and decide appeals where it is alleged there is error in any order, requirement, recommendation or determination made by department officials and employees in the enforcement of this title;
2. Appeals to the Council concerning interpretation or administration of this title may be taken by any person aggrieved.
B. Procedures:
1. Appeals shall be filed within a reasonable period of time, not to exceed 65 days, in accordance with 1-1-5 of this code;
2. Notice of Appeal: Notice of an appeal shall be provided by the same means applicable to the original application.
3. Optional Stay of Action: At the hearing, any affected party may appear in person, by agent or attorney.
4. At the hearing, any affected party may appear in person, by agent or attorney.
C. Appeal Stay Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the Council, after the notice of appeal is filed with it, that by reason of facts stated in the appeal, a stay would, in their opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the courts after having due cause shown.
D. Process Of Appeal: It is the intent of this title that all appeals involving interpretation and enforcement shall first be presented to the Council of the City of Hayden and that recourse from the decision of the Council shall be to the courts as provided by law. (Ord. 619, 4-13-2021)