9-4-8: BUILDING PERMITS:

The intent of the building permit procedure is to assure that routine land development and building activity comply with this title. Applications for building permits shall follow the procedures described here and in the uniform building code.

   A.   Application; Fee: The developer or property owner shall file a properly completed application form, the required supporting materials, and the required application fee with the city clerk. The application must include a site plan of the property showing the location of all existing buildings, proposed new buildings and the location of all easements. The site plan must be drawn accurately to scale with a size of no less than one inch equal to twenty feet (1" = 20') and include the location of all right of way lines, as well as the existing edge of paved streets, sidewalks, curbs and storm drains.

   B.   Approval; Disapproval: The administrator shall determine whether the proposed building or use is in compliance with the comprehensive plan and this title. If the administrator finds that the proposed building or use complies, the application for a permit shall be approved. If the administrator finds that the proposed building or use does not comply, the application for a permit shall not be approved.

   C.   Time Limit: The administrator shall notify the developer or property owner of his decision, or of a referral to the planning and zoning commission, within fifteen (15) days after the application is filed with the city.

   D.   Referral To Commission: The administrator may refer any building permit application to the planning and zoning commission for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular commission meeting.

   E.   Appeal: The planning and zoning commission decision may be appealed to the city council using the appeal procedure in section 9-4-15 of this chapter. (Ord. 2001-04, 8-27-2001)

9-4-9: CONDITIONS MAY BE IMPOSED:

Conditions may be imposed on any lot split or variance, if the following is determined:

   A.   The conditions are clearly designed to assure compliance with one or more specific requirements of this title.

   B.   A list of all conditions imposed is provided to the developer or property owner with notification of the planning and zoning commission decision. That list shall specifically identify the provisions of this title and the condition that is designated to be implemented. (Ord. 2001-04, 8-27-2001)

9-4-10: AMENDMENTS:

Any person may petition for amendment of this title or any zoning district. The amendment procedure shall be as described in this section and in Idaho Code section 67-6511.

   A.   Application; Fee: The property owner or developer shall file a properly completed application form, the required supporting materials, and the required application fee with the planning and zoning commission.

   B.   Planning Commission Hearing: The planning and zoning commission shall place a hearing on the application on the agenda for the next regular commission meeting for which the notice requirements can be met. Notice requirements for an amendment shall be as set forth in Idaho Code section 67-6519(b) and in section 9-4-12 of this chapter.

   C.   Contract For Review: The planning and zoning commission may contract with a planner or other professional for review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the commission for use at the hearing. The commission shall, upon its receipt, provide a copy of this report to the property owner or developer and place it on file for public review with the other application materials.

   D.   Hearing: The planning and zoning commission shall conduct a hearing on the proposed amendment following the procedures established in section 9-4-16 of this chapter. No application for an amendment shall be reviewed if the property owner or developer, or a representative, is not present.

   E.   Determination Of Compliance; Recommendation: The planning and zoning commission shall determine whether the proposed amendment is consistent with the comprehensive plan and recommend to the city council that the amendment be approved or disapproved.

   F.   Consideration By Council: The planning and zoning commission decision shall be considered by the city council in a timely fashion.

   G.   Council Decision: The city shall notify the property owner or developer and interested parties of the council's decision within ten (10) days, but no amendment to this title shall become effective until that amendment has been adopted as an ordinance and published as required by law. (Ord. 2001-04, 8-27-2001)

9-4-11: REZONING OF LAND:

   A.   Conditions: For the purpose of establishing and maintaining sound, stable and desirable development within the city, the rezoning of land is to be discouraged and allowed only under certain circumstance as provided hereafter. The zoning map is the result of a detailed and comprehensive appraisal of the city's present and future needs regarding land use allocation and, as such, should not be amended unless to correct a manifest error or because of changed or changing conditions in a particular area of the city in general. Rezoning shall only be allowed if the applicant demonstrates by clear and convincing evidence the following:

      1.   The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the city comprehensive plan; or

      2.   The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area; or

      3.   The proposed rezoning is necessary in order to provide land for a community related use, which was not anticipated at the time of the adoption of the city comprehensive plan, and that such rezoning will be consistent with the policies and goals of the comprehensive plan.

   B.   Incidental Revisions: This declaration of standards for rezoning shall not control a rezoning which occurs incidental to a comprehensive revision of the city zoning map. (Ord. 2001-04, 8-27-2001)

9-4-12: HEARING NOTICES:

All required notices shall provide the following information:

   A.   The name and mailing address of the property owner.

   B.   A legal description of the property.

   C.   The address of the property or another general description by which the public can identify the property.

   D.   The present land use of the property.

   E.   The proposed use of the property.

   F.   The body (planning and zoning commission) that will conduct the hearing.

   G.   The date, time and place of the hearing.

   H.   A statement of the availability of application materials for public review.

   I.   A statement that "public comment is encouraged".

   J.   Written materials in excess of one page must be submitted to the city at least three (3) working days prior to the hearing. (Ord. 2001-04, 8-27-2001)