SECTION:
5-3-1: Duties Of The Planning And Zoning Administrator
5-3-2: Amendment And Reclassification
5-3-3: Conditional Use Permit Procedures
5-3-4: Variance Procedures
5-3-5: Fee Schedule
5-3-7: Mediation
5-3-8: Violation, Enforcement And Penalty
5-3-9: Severability
Notes
1 | 1. See section 6-5-3-1 of this code. |
The council may appoint a planning and zoning administrator for the purposes outlined in this section. In the event an administrator is not appointed by council for any reason, the city attorney or mayor shall serve as the planning and zoning administrator on an ad hoc basis. The duties of the administrator are as follows:
A. Interpret and administer this title by answering general questions and assisting the public in the land use process;
B. Make administrative and discretionary determinations where required or appropriate, provided that any affected person may appeal an administrative or discretionary determination of the administrator to the council;
C. Arrange for scheduling and notice of public hearings and assist the commission and council in fulfilling their responsibilities under this title;
D. Perform other reasonable and necessary functions to assure the consistent, clear and faithful implementation of this title. (Ord. 527, 3-14-2005)
A. Initiation Of Proceedings:
1. This title may be amended whenever the council deems that amendment is required for public convenience, necessity or general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend any other provision of this title or the whole of this title.
2. An amendment to the text of this title or to the official zoning map may be initiated by the council or the commission or by an application of one or more of the owners of property affected by the proposed amendment.
3. Applications shall be filed with the commission on forms prescribed by the commission, accompanied by such data and information necessary to assure the fullest presentation of facts.
4. No application for the same general purpose concerning the same property which has been denied by the city shall be received or processed within one hundred eighty (180) days of such denial except by majority approval of the council.
B. Commission Notice And Public Hearing:
1. The commission, prior to recommending an amendment, supplement, or repeal of any portion of this title, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The notice and procedure for such hearing shall comply with Idaho Code section 67-6511.
2. If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the amendment to this title under the same notice and hearing procedures.
3. When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing for both the commission and council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times.
4. If the request is not in accordance with the adopted comprehensive plan, the request for amendment shall not take place until after the comprehensive plan has been amended under notice and hearing procedures provided in section 67-6509, Idaho Code, after which the request may be heard again as provided for under the notice and hearing procedures as set forth herein.
C. Development Agreements:
1. Legislative Purpose: The council finds that the ability to execute a development agreement in connection with a change of zoning provides benefits for both the property owner or developer and the city by providing a balance between the owner or developer's desire for certainty in the development process and the city's desire for control of any project impacts as a means to ensure harmony with the established surrounding pattern of development; and, therefore, the ability to execute such development agreements in appropriate circumstances is in the best interest of the health, safety and welfare of the citizens of Parma.
2. Creation And Form: At a minimum, development agreements shall include the following:
a. A legal description of the subject property.
b. A description of the uses permitted on the land, which may include preliminary site plan, elevation plans and other pertinent exhibits.
c. Provisions of any reservation or dedication of land.
d. The duration of the agreement.
e. The commitments or other terms of the agreement.
3. Commitments And Safeguards: The written commitments or conditions exacted shall be specific and shall have a reasonable relation to the zoning change approved. In addition, the following safeguards shall be applied:
a. A development agreement shall not prevent the city in subsequent actions applicable to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property set forth within any duly executed agreement.
b. If a commitment involves ongoing performances and the owner or developer fails to comply with the commitment after completion of construction, said failure may be dealt with by the city according to the violation and penalty provisions of this chapter or the local land use planning act and/or for specific performance of the development agreement, including attorney fees and costs associated with the enforcement of the agreement.
c. When a commitment is required to be satisfied prior to completion of construction and it is not so satisfied, construction shall be halted until compliance is established.
4. Recordation: Development agreements shall be attached as an exhibit to the ordinance establishing the zoning map amendment. Agreements shall take effect and shall be recorded by the city in the office of the county recorder upon the adoption of the ordinance establishing the zoning map amendment by the council. Should a development agreement be terminated by the city, and the zoning designation upon which the use is based be reversed, a document recording such termination and zoning reversal shall also be recorded by the city in the office of the county recorder. Unless otherwise modified or terminated by the council, an agreement shall be binding on the owner of the parcel, each subsequent owner and each other person acquiring an interest in the parcel.
5. Termination, Modification And Extension: The establishment of a development agreement and the written commitments contained therein, in accordance with the provisions of this section, shall be deemed written consent to change the zoning of the subject property to its prior designation upon failure to comply with the conditions imposed by the agreement. A development agreement may be modified only with the permission of the council after complying with the notice and hearing provisions of this section. A development agreement may be terminated by the city, and the zoning designation upon which the use is based may be reversed upon the failure of the owner, developer or each subsequent owner or person acquiring an interest in the subject parcel to comply with the commitments in the agreement within two (2) years. The two (2) year period of time for compliance of commitments may be extended by the city for just cause and upon application for such by the owner, and after complying with the notice and hearing provisions of this section. For commitments that are ongoing in nature, the council may act to enforce the development agreement at any time.
D. Action By The Commission:
1. The commission shall cause to be made by any of its members or by any member of its staff such investigation of facts bearing upon such amendment, supplement, repeal or matter of hearing as in the opinion of the commission will serve to provide the necessary information to enable the commission to act.
2. Not later than thirty (30) days after the conclusion of the hearing, the commission shall file with the council a written report stating the action taken by the commission and its recommendation.
E. Council Notice And Public Hearing: The council, prior to adoption of an amendment, supplement or repeal of this title, shall hold at least one public hearing using the same notice and hearing procedures as the commission. If the council makes a material change in the proposed amendment, supplement or repeal, further notice and hearing shall be provided before the council adopts the amendment, supplement or repeal. If the council approves the proposed amendment, it shall thereafter be made a part of this title by appropriate amendment to the official zoning map and zoning ordinance text.
F. Annexation: Prior to annexation of unincorporated area, the council shall request and receive a recommendation from the commission on the proposed zoning of said area upon annexation. Concurrently with or immediately following the adoption of an ordinance of annexation, the council shall provide for amendments to the official zoning map and map component of the comprehensive plan. (Ord. 527, 3-14-2005)
The following provisions shall apply to conditional use permits:
A. Every use which requires the granting of a conditional use permit is declared to possess characteristics such as to require review and appraisal by the commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The commission may require higher standards of site development than listed specifically in this title in order to correlate the proposed use to other property and uses. The commission may revoke or modify its approval of a conditional use permit in accordance with the procedures set forth in this section under specific conditions and when it is not in conflict with the comprehensive plan.
B. Applications for conditional use permits shall be filed with the city clerk on forms prescribed by the commission accompanied by such data and information necessary to assure the fullest presentation.
C. The commission shall conduct at least one public hearing on each conditional use permit application in which interested persons shall have opportunity to be heard. Notice procedures shall comply with 67-6512, Idaho Code. When notice is required to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation two (2) consecutive times.
D. The commission shall cause to be made by any of its own members or by any member of its staff, such investigation of facts bearing upon the application as in the opinion of the commission will serve to provide the necessary information to enable the commission to act.
E. Upon the granting of the conditional use permit, conditions may be attached, including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of the use and/or development;
4. Assuring that development is maintained properly;
5. Designating the location and nature of development, including signs;
6. Requiring the provision for on site or off site public facilities or services;
7. Requiring more restrictive standards than those generally required in an ordinance;
8. Specifying the period of time for which a permit is issued and conditions which, if not followed, will bring about revocation of the conditional use permit;
9. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
F. Prior to granting a conditional use permit, studies may be required of the social, economic, fiscal and environmental effects of the proposed use. A conditional use permit shall not be considered as establishing a binding precedent and shall not be transferable from one parcel of land to another.
G. Whenever the commission grants or desires a conditional use permit, it 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.
H. The applicant or any affected person having an interest in real property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the commission provided written notice of such an appeal is filed with the city clerk within fifteen (15) days after the written decision of the commission is signed.
I. In reviewing an appeal pertaining to the conditional use permit, the council shall hold a de novo public hearing using the public hearing notice and procedures prescribed for the commission. The council may approve, disapprove or modify the action of the commission. (Ord. 527, 3-14-2005)
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