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(A) Application. Any property owner desiring to vacate an existing subdivision, public right-of-way or easement, or desiring to dedicate a street right-of-way or easement shall complete and file an application with the Council and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the Comprehensive Plan, or the dedication of streets, rights-of-way or easements to be shown on the recorded plat of a subdivision.
(B) Council action.
(1) When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit claim deed for said vacated rights-of-way in such proportions as are prescribed by law.
(2) When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder.
(Ord. passed 9-11-1995)
(A) The Council may grant a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter or that application of such provisions or requirements is impractical. It must be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions, which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the Council may declare that variance, modification or a waiver of these requirements be granted.
(B) The Council shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, the Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Council finds, after a public hearing:
(1) There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his or her reasons in writing to the specific provisions or requirements involved;
(2) The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;
(3) Such variance will not violate the provisions of the Idaho Code; and
(4) Such variance will not have the effect of nullifying the interest and purpose of this chapter and the Comprehensive Land Use Plan.
(Ord. passed 9-11-1995)
No subdivision plat required by this chapter or the Idaho Code shall be admitted to the public land records of the county of recorded by the County Recorder, until such subdivision plat has received final approval by the Council. No public board, agency, commission, official or other authority shall proceed with the construction of any of the public improvements required by this chapter until the final plat has received the approval by the Council.
(Ord. passed 9-11-1995)
(A) Amendment procedures. The Council may, from time to time, amend, supplement or repeal the regulations and provisions of this chapter in the manner prescribed by Idaho Code to better serve the city and outlying community. A proposed amendment, supplement or repeal may be originated by the Council or by petition from the public at large. In all cases, the proposal shall be reviewed by the Council before any action is taken on the issue. Adequate public notice shall be given to obtain comments from the public, either for or against, prior to any action taken.
(B) Council public hearing.
(1) The Council shall hold a public hearing and make recommendations on proposed amendments.
(2) The Council shall conduct as least one public hearing in which interested persons shall have an opportunity to be heard. At least 15 days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction.
(C) Action by Council.
(1) Upon granting or denying an application to amend the Zoning Ordinance, the Council shall specify:
(a) The ordinance and standards used in evaluating the application;
(b) The reasons for approval or denial; and
(c) The actions, if any, that the applicant could take to obtain a permit.
(2) In the event the Council shall approve and amendment, such amendment shall thereafter be made a part of this chapter upon the preparation and passage of an ordinance.
(D) Resubmission of application. No application for amendment which has been denied by the Council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of six months from the date of such final action; unless there is an amendment in the Comprehensive Plan which resulted from a change in conditions as applying to the specific property under consideration.
(Ord. passed 9-11-1995)
APPROVAL PROCEDURE
Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the city. No final plat shall be filed with the County Recorder or improvements made on the property until the plat has been acted upon and approved by the Council. No lots shall be sold until the plat has been recorded in the office of the County Recorder.
(Ord. passed 9-11-1995)
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