Minutes - 2008 - City Council - 01/29/2008 - Special
EAGLE <=ITY <=OUN<=IL
Special Meeting Minutes
January 29, 2008
1. <=ALL TO ORDER: Mayor Bandy calls the meeting to order at 5:45 p.m.
2. ROLL <=ALL:
<=itv <=ouncil: Present: GUERBER, HUFFAKER, SEMANKO. Absent:
SHOUSHT ARIAN
Plannin2: & Zonin2: <=ommission: Present: FELIX, ZASTROW, PIERCE,
AIZPITARTE, McCARREL.
Desi2:n Review Board: Present: BUTLER, WHITTAKER. Absent: MC
CULLOUGH, GRUBB, BARNES, WRIGHT, WEBER.
Mayor Bandy requests Boy Scouts Taylor and Jordon with Boy Scout Troop No. 26 lead
the pledge of allegiance.
3. EXE<=UTIVE SESSION: (City Council Only)
A. Pending & Threatened litigation I.C. S67-2345(f)
Guerber moves to go into Executive Session as allowed per Idaho State <=ode 67-
2345 (f & c) to discuss pending and threatened litigation regarding existing water
rights litigation, Lanewood litigation and acquisition of private property. Seconded
by Huffaker. GUERBERAYE; HUFFAKER AYE; SEMANKO AYE. ALL
AYE...MOTION <=A~ES.
Council discusses existing water rights, Lanewood litigation and acquisition of private
property.
Council returns from Executive Session at 6:20 p.m.
City Attorney, Susan Buxton, states that at the last City Council meeting on the 22nd of
January there was a discussion in regard water rights leases and the issuance of building
permits without the issuance of occupancy permits. I would request that the MOU for the
issuance of building permits with all the Legacy owners be approved by the City Council
and authorize the Mayor to sign. The document you have was approved by the Legacy
Group at 4:35 this afternoon. It deals with some of the issues with pending water rights
that we have with Water Resources.
So moved by Semanko. Seconded by Guerber. Discussion. Buxton: This agreement
is specifically for the issuance of building permits. As discussed at the last City Council
meeting, this is only for these 13 building permits so construction could be started for
these parade homes. It (the agreement) addresses a very specific purpose. The condition
of this agreement that the successors in interest indemnify and hold the city harmless
against all claims and maintain the integrity of the development agreement and protections
of the development agreement and the MEMORANDUM OF AGREEMENT that is part
of the development agreement dealing with water rights issues for the Legacy
development. Semanko believes that this action is not contrary to Ordinance 479 and the
other requirements of the agreement. ALL AYE...MOTION <=A~ES.
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4. NEW BUSINESS: (City Council Only)
A. Modification to Legacy MOD - building permits and final plat: (SEB)
City Attorney Buxton, the City Council also authorized staff to work with the Legacy
Group and amend the November 17, 2005 memorandum of agreement that addresses the
water system at the Legacy Project that addresses the final plat. At the time of the
meeting of the 22nd it came to my attention and staffs that they would want a final plat
signed by the City with regard to these 13 building permits. Which meant there is a final
plat that has been approved by the City, but it has not been signed yet as there is a
memorandum of agreement, which is exhibit M, that does not allow signing of the final
plat by the City Clerk until the a water license has been issued. As we are aware the water
license has not been issued, it is still pending before water resources but there is an
availability through the agreement, which you just approved and authorized the Mayor to
sign, that will allow us to utilize water leases through the water bank, to lease water rights
sufficient for the final plats as they are coming into the City. So you asked us to come in
with an amendment to the MOD approved in 2005. Since it is part of the Development
agreement it will need to be done through a public hearing.. Legacy has asked us, to ask
you, whether or not the City Council would approve the Mayor to sign the amendment to
the memorandum of agreement agreeing to allow the signal plat to be signed prior to the
hearing so they could go through the process at the County. We believe we would have
our public hearings conducted prior to the County having completed their process. This is
certainly at your discretion. The earliest we can get this noticed for public hearing will be
February 19th to amend the development agreement. Discussion. City Planner, Mike
Williams states it is about a 2-3 week process with the County. Discussion of time table.
Semanko does not believe the agreement should be signed prior to the public hearing
process as Legacy had requested. Buxton states that she would not want the City to be
biased as to the upcoming public hearing, therefore until a proper public hearing is held it
would be best not to agree to anything other than to bring the issue before Council as a
public hearing item on the February 19th meeting.
Huffaker moves in regard to the Legacy development the <=ity <=ouncil direct staff to
bring an amendment to the memorandum of agreement originally approve in
November 17, 2005 to specifically address leased water rights issues, building
permits and final plat. And in the mean time, while staff is working with the <=ity
Attorney and Legacy representatives on that a proposed amendment to the
memorandum of agreement that a public hearing be noticed for the February 19,
2008 <=ity <=ouncil meeting. Seconded by Semanko. ALL AYE.. .MOTION
<=A~ES.
5. UNFINISHED BUSINESS: (City Council Only)
A. Resolution No. 08-01: A resolution supporting legislation for local governments to
establish a regional transportation authority and seek voter approval of an associated local
option sales tax authority. (PB) This item was continuedfrom the January 22, 2008
meeting.
Mayor introduces the item.
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K:ICOUN ClL IMlNUTESI2008ICC-O 1- 29-08spmin.doc
Semanko states he presented this to the Eagle Transportation Committee today and relays
a brief synopsis of their discussion.
Semanko moves to continue this discussion to the end of the agenda. Seconded by
Guerber. Discussion. ALL AYE.. .MOTION <=A~ES.
No one from the audience wishes to speak to the resolution.
6. DIS<=USSION ITEMS:
Mayor introduces the item.
B. Vision for downtown development. (MH)
Teri Bath with Eagle Chamber of Commerce discusses the vision for downtown.
Discussion amongst audience and Committee, Board and Council.
A. Overview of the <=ity Attorney and Planning and Zoning Department duties and
functions. (SEB & WEV)
City Attorney, Susan Buxton reviews the roles of the various Board and Committee and
of course Mayor and Council, as well as the legal requirements applicable to
municipalities. Buxton discusses public meeting notice requirements, ex-parte contact,
quorums, Roberts Rules of Order as well as other applicable legal constraints the Council
must adhere to and the authority which they posses.
Mayor calls a 5 minute recess.
Zoning Administrator, Bill Vaughan reviews the role of the Planning and Zoning
Department and distributes a department overview document to those present. Vaughan
discusses the duties of Planning staff.
City Planner, Mike Williams discusses the City's application process for land use items.
City Planner Nichoel Baird Spencer reviews local land use planning act and Eagle's
comprehensive planning process.
C. <=ommunity and <=ity <=ommunication. (MH)
Time did not permit discussion of this item.
D. Discussion of Foothill Development Design Guidelines (MB)
Time did not permit discussion of this item.
The other Committee members depart at 9:45 p.m. City Council remains to address their
remaining action items.
A. Resolution No. 08-01: A resolution supporting legislation for local governments to
establish a regional transportation authority and seek voter approval of an associated local
option sales tax authority. (PB) This item was continuedfrom the January 22, 2008
meeting.
Discussion.
Guerber moves to authorize the Mayor to draft a letter to express support of the
concept of the legislation allowing creation of the transportation authority and
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K:ICOUN ClL IMlNUTESI2008ICC-O 1- 29-08spmin.doc
approval of a local option tax per its impact economically. And to send copies of the
draft letter for Council approval or/or additions until we come to a final
concurrence so it can be mailed out. Mayor Bandy to ascertain who the final
recipient of this letter will be and see that it is distributed. And include the
preparation for review of a resolution that enhances the original letter with
additional guidelines specifically to the ,proposed legislation. Seconded by Huffaker.
ALL A YE...MOTION <=A~ES.
7. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Semanko. ALL AYE: MOTION
CA~ES...
Hearing no further business, the Council meeting adjourned at 9:50 p.m.
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SHAR . BERGMANN
CITY CLERK/TREASURER
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE
CITY HALL
Page 4
KICOUNCILIMINUTESITemporary Minutes Work AreaICC-OI-29-08spmindoc
CLERIC
CITY OF EAGLE
PLANNING AND ZONING DEPARTMENT OVERVIEW
Prepared: January 29. 2008
For: Joint City Council. Planning and Zoning Commission and Design Review Meeting
PLANNING AND ZONING DEPARTMENT OVERVIEW
SECTION 1: P&Z DEPARTMENTOVERVIEW
SECTION 2: P& Z COMMITTEES
SECTION 3: PLANNING & ZONING PUBLIC HEARING PROCESS
SECTION 4: IDAI IO CODE 67-65 (LOCAL LAND US PLANNING ACT)
SECTION 5: COMPREHENSIVE PLAN AMENDMENT PROCESS
Prepared: January 29, 2008
For: Joint City Council, Planning and Zoning Commission and Design Review Meeting
SECTION 1:
P&Z DEPARTMENT OVERVIEW
EAGLE PLANNING AND ZONING DEPARTMENT
Overall Structure
The Planning and Zoning Department is lead by the City's Zoning Administrator and provides staff and
support for Current Planning (responsible for zoning and subdivision applications), Long Range
Planning (responsible for the Comprehensive Plan, Sub -area Plans, demographic and regional planning
activities), Special Projects (responsible for design review applications and transportation), Urban
Forestry, Code Compliance and Administrative Support. To ensure a complete review of all applications
and pland is completed the Planning and Zoning Department works closely with the City Attorney and
Cite Engineer. (See Apartment Orgy/kw/tonal Chart)
The Eagle Planning and Zoning Department employs 105 full time equivalent staff members
Combined the current staff represents over 124 years of public service experience and over 70 years of
planning experience. The City currently employs three (3) Planners certified by the American Institute
of Certified Planners, one (1) Planner certified through the Community Development Council, and a
City Forestor certified by the International Society of Arboriculture.
Staff
i•. William E. Vaughan, AICP — Zoning Administrator
Nichoel Baird Spencer, MCRP, AICP — Planner III
Micheal Williams, CCD — Current Planning Supervisor
Jeff Lowe, AICP — Planner II
Barbra Cerda — Planner II
Dave Alvord — Planner II
Ted Venagas — Planner II
Julie Lafferty — City Forestor
Michael Echieta — Code Compliance
Heather I-ivde — Administrative Clerk II
Crystal Skinner — Administrative Clerk I
Other Training and Certifications:
Three (3) Degrees m Planning/Geography
Responsible Person- Ada County
Floodplain Manger — FEMA
Storm Water Management- OR, \VA, CA
Contract Administration -CA
Advanced Master Gardener - L:niversiry of Idaho
Hazardous Material Incident Analysis
-Nat'l Fire Academy
Uniform Fire Code Inspector -ID
Page 1 of 4
Basic Decontamination -ID
Infection Control for the Supervisors
-Nat'l Fire Academy
.
Fire Operations in the Urban Interface-BLM
Haz/Mat Tech -National Fire Academy
Flood Fight Operation -(FEMA)
Natural Gas & LP Fire Investigator
- Public Agency Training Council
City of Boise Contractors License (Responsible Person)
-City of Boise/ACHD
Playground Safety Inspector
- National Playground Safety Institute
Primary Resnonsibi ities
The Eagle Planning & Zoning Department manages and staffs the following functions of the City of
Eagle:
Code Compliance
Zoning and Subdivision Processes
Design Review
Landscaping and Urban Forestry
Construction, Building and Plan Review (as it relates to ECC Title 8)
Comprehensive Planning
Code Management and Updates
Flood Control
Statutory Duties
The Eagle Planning and Zoning Department serves to implement the Codes of the City of Eagle and the
State of Idaho. Statutory duties are fulfilled primarily by the Current Planning Supervisor and two staff
planners with assistance from the the City Forrester. Further, the City employs one Long -Range
Planner to oversee the State requirements as it relates to the Comprehenvoe plan. Overall, the P&Z
Department is the steward for the following sections of Local and State Statutes:
Eagle City Code:
Title 6- Public Ways & Property
Title 8– Zoning
Title 9—Land Subdivisions
Tide 10— Flood Control
Idaho State Statutes:
50-2 Annexation
50-17 Local Improvement Districts
50-13 Plats & Vacations
Page 2 of 4
67-65 Local Land Use Planning Act
67-82 Development Impact Fees
Special. Assignments
Special Assignments are planning activities, non -city committees and community projects that are not directly
related to the statutory duties and functions of the planning and Zoning Department established under Eagle
City Code or Idaho State Law.
Large Projects:
Historically, large projects are scoped and managed under the Zoning Administrator and the Long -
Range Planner and many times includes the City attorney and consultents. These projects have included:
The Soaring 2025 Western Area Plan (2004)
The Foothills Subarea Plan (2007)
The Eagle Architecture and Site Desing Book (2003)
State Highway 44 Access Management Plan (2005)
State Street Corridor Study (on-going)
Planned Unit Development Code Updates(2006-2007)
Downtown Circulation Plan (2004)
Blueprint for Good Growth (on-going)
City Committees: (See Attached Overviews)
The Planning and Zoning Department provides planning and support staff to several City appointed
boards, committees, and task forces including:
Planning and Zoning Commission
Design Review Board
Urban Renewal District
Parks and Pathways Committee
Transportation Committee
Public Works Committee
Non -City Committees:
Technical Committees in support of the various liason and apointted committees of the City Council,
these are (committee Assignmeents are shared by multiple staff memebers):
ACHD-
Neighborhood Advisory Committee
State Street Corridor Study
North Ada County Foothills Transportation Plan
Pedestrian/Bicycle Transition Plan
Page 3 of 4
ITD-
Three Cities River Crossing (3CRX)
I84 to SH16 Corridor Study
Highway 44 Corridor Preservation Study
Highway 20/26 Corridor Preservation Study
COMPASS -
Regional Technical Advisory Committee
Demographic Advisory Committee
Regional Geographic Advisory Committee
Corridor Preservation Committee
GIS Advisory Committee
Special Interest Group (SIG -GIS user group)
ADA COUNTY -
Street Naming
Open Space Task Force
EAGLE CHAMBER -
Economic Development Committee
Downtown Feasibility Committee
Community Outreach:
Annually the City Planning Staff is involved in several public outreach activities which have included:
Idaho Planning Association Conference (Board member & presenter)
Western Planner Conference (presenter)
Community Forestry Training
Tree Voucher Program
Eagle Kiwanis Mayor's Cup Golf Tournament (Supports Eagle Community Fund)
Page 4 of 4
SECTION 2:
P& Z DEPARTMENT COMMITTEES
DESIGN REVIEW BOARD
Meeting Dates/Time: 2°d and 4th Thursday of the Month at 6:OOpm
Committee Members:
Eric McCullough — Chairman Exp 4/10
Robert Grubb - Vice Chairman Exp 7/09
Debbie Barnes Exp: 8/10
Dawn Wright Exp 7/08
Mark Butler Exp 12/08
Noel Weber Exp 11/09
Christine Whittaker Exp 5/08
Assigned Staff:
Planning Contact: Barb Cerda (bcerda@,citvofeaele.ora) 939-0227
Clerk- Sheri Horton (shorton@citvofeaale.org) 939-6813
Associated City Codes:
ECC 8-2A
Associated Idaho Codes:
None
Special Information:
The Design Review is comprised of design professionals including landscape architects, sign
professionals, architects and designers. Members are not required to be citizens of the City but must have
professional experience in the design field.
PARKS & PATHWAYS COMMITTEE
Meeting Dates/Time: 3rd Wednesday of the Month at 6:OOpm
Committee Members:
Charles Ferguson — Chairman EXP 3/09
Michael Hummel — Vice Chairman EXP 5/10
Don Stockton EXP 3/09
Richard Talbert EXP. 3/08
Victoria B. Wallace EXP. 9/10
Phyllis L. Sawyer EXP. 1/08
Anne Alenskis EXP: 4/08
Assigned Staff:
Planning Contact: Michael Williams (mwilliams@citvofeaele.ore) 489-8774
Michael Echeita(mecheita@citvofeaele.ora) 939-0227
Clerk- Tracy Osborn (tosborn@citvofeale.ora) 939-6813
Associated City Codes:
Eagle City Code Title 6, 7 and 9 Chapter 4
Associated Idaho Codes:
Special Information:
Committee is currently working with Alta Planning and Design to complete an existing conditions
analysis for the City's parks and trails facilities to be completed by January 2009.
PLANNING & ZONING COMMISSION
Meeting Dates/Time: 1st and 3"1 Monday of the month at 6:OOpm
Committee Members:
Jason Pierce — Chairman (Resigning 2/15/08)
David Aizpitarte - Vice Chairman Exp 1/11/08
Jack Zastrow Exp 1/12
William McCarrel Exp 10/09
Rich Felix Exp 11/10
Assigned Staff:
Planning Contact: Bill Vaughan (bvauahan@citvofeaQle.ora) 939-0227
Clerk- Heather Hyde (hhvde@citvofeale.org) 939-0227
Associated City Codes:
ECC 2-1
ECC Title 8 & 9
Associated Idaho Codes:
Idaho Code Section 67-65
Special Information:
The Planning and Zoning Commission is provided for in Idaho Code and established by Eagle City Code.
The members must be residents of the City or the area of City impact. The number of members from the
AOI is based on population estimates from COMPASS and is proportionate to the population within
either area.
Total Population: 23,051
AOI: 2,100 (9.1%)
City: 20,951(90.9%)
Commission Members: 5
AOI: 1 (.45) Felix
City: 4 (4.55) Pierce, Aizpitarte, Zastrow &McCarrel
PUBLIC WORKS COMMITTEE
Meeting Dates/Time: No standing date/time — meets when necessary
Committee Members:
Phil Bandy, Mayor
Sharon Bergmann, City Clerk/Treasurer
Vern Brewer, City Engineer
Steve Guerber, City Council Member
Bill Vaughan, Zoning Administrator
Michael Echeita, Facilities Manager
Tammy Zokan, City Attorney
Assigned Staff:
Planning Contact: Bill Vaughan (bvaughancitvofeagle.org) 939-0227
Clerk- Sharon Bergmann (sbergmann@citvofeaele.ora) 939-6813
Associated City Codes:
Portions of ECC Title 4, 6, 5, 8, 9 & 10
Associated Idaho Codes:
Special Information:
Public Works Committee was formed to address the maintenance, funding and development of City
infrastructure and facilities.
TRANSPORTATION COMMITTEE
Meeting Dates/Time: 4th Tuesday of the Month at 4:OOpm
Committee Members:
Jim Ross, Chair Exp 8/29/09
Larry Harpe, Vice Chairman Exp 8/29/09
Dave Aizpitarte Exp 8/29/09
Ron Bath Exp 8/29/09
Dave Butzier Exp 8/29/09
Barb McDermott Exp 8/29/09
Bruce Mills Exp 8/29/09
Assigned Staff:
Planning Contact: Bill Vaughan (bvaughan a,citvofeaale.org) 939-0227
Clerk- Theresa Verschuren (tverschuren@citvofeagle.or2) 487-8790
Associated City Codes:
None
Associated Idaho Codes:
None
Special Information:
The purpose of the committee is to provide recommendations to the City Council on transportation issues
including but not limited to the ACRD Five Year work program and Transportation improvement Plan,
and the State Transportation Improvement Plan.
URBAN RENEWAL AGENCY
Meeting Dates/Time: 1s` Wednesday of the Month at 4:OOpm
Committee Members:
Cameron Arial - Chairman
Lloyd Mahaffey — Vice Chairman
Jason Haas - Treasurer
Scott Nordstrom
Brian DeHaas
Doug Racine
Jason Pierce
Bob Banks
Assigned Staff:
Planning Contact: Bill Vaughan (bvau2han@citvofeagle.ore) 939-0227
Clerk- Crystal Skinner (cskinner@citvofeaale.ore) 939-0227
Associated City Codes:
None
Associated Idaho Codes:
Chapter 20, Title 50, Idaho Code
Special Information:
The Urban Renewal commission is appointed by the Mayor and confirmed by the Council for a non -
expiring term of office.
SECTION 3:
PLANNING & ZONING PUBLIC HEARING PROCESS
CITY OF EAGLE
Process for Subdivision Development
1. Pre -Application Meeting
Minimum 2 weeks before submittal
-Annexation, Rezone, Preliminary Plat, & PUD, Application Submittals
(2 Deadlines per month — generally as noted on the example "TENTATIVE PROCESSING
TIMELINES" sheet attached)
2. Neighborhood Meeting
Applicant notifies neighbors within 300 feet of property line 15 days prior to conducting an informational
neighborhood meeting regarding the project.
3. Submittal Meeting
Applicant schedules a submittal meeting to determine if the application is complete prior to acceptance of
the application.
4. P&Z Commission Public Hearing
If application complete by deadline and space available — public hearing is scheduled approximately 6 -
weeks from submittal date
-Application is approved, approved with conditions, tabled, or denied
-Findings of Fact and Conclusion of Law (for approved or denied applications)
(prepared by City and presented to the P&Z Commission within 2-4weeks)
5. Adoption of Findings of Fact and Conclusions of Law by P&Z
6. City Council Public Hearing
Application is scheduled for a public hearing approximately 2-4 weeks after the approval of the Findings of
Fact by the P&Z Commission
-Application is approved, approved with conditions, tabled, or denied
-Findings of Fact and Conclusion of Law (for approved or denied applications)
(prepared by City and presented to the City Council within 2-4weeks)
7. Adoption of Findings of Fact and Conclusions of Law by City Council & Approval of Rezone
Ordinance (if a rezone application was filed)
If a development agreement has been utilized with the rezone then it must be signed by owner/developer
prior to the rezone ordinance being placed on an agenda
8. Design Review Application Submittal
Subdivision design review application process takes approximately 3 -months and is required prior to
submittal of a final plat
9. Final Plat and Construction Drawings Submittal
Final plat application scheduled for City Council generally within 4-6 weeks from verification of a
complete application. City Engineer approval of the final plat and construction drawings is required prior
to scheduling for City Council approval
10. City Council Meeting — Final Plat
- Final Plat is approved, approved with conditions, tabled, or denied
11. City Engineer and City Clerk signing of the final plat
Owners, Surveyor, ACHD, and CDHD must sign before submitting mylar to City for signature. Public
improvements (ie. streets, sidewalks, street lights, common area landscaping, pressurized irrigation system
K \Planning DeprAnse Docunients\Subdivision Flow List doc
CITY OF EAGLE
Process for Subdivision Development
shall be installed prior to City Engineer signing the final plat (surety in lieu of actual installation where
applicable). Signing process within the City takes approximately 2-3 weeks.
12. Issuance of Building Permits within new subdivision
Prior to the issuance of any building permits within any new subdivision, the Building Department needs:
1) Recorded Plat, 2) Addresses of all lots, 3) Planning Dept sign -off, 4) Fire Dept. sign -off for fire flows,
5) Water and Sewer Permits. b) ACHD acceptance of roads.
K Planning Dept Base DocumenlsSu!,dis ision Flo.v List doc
SECTION 4:
IDAHO CODE 67-65
(LOCAL LAND US PLANNING ACT)
Idaho Statutes
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 65
LOCAL LAND USE PLANNING
CHAPTER 65 LOCAL LAND USE PLANNING
67-6501 SHORT TITLE
67-6502 PURPOSE
67-6503 PARTICIPATION OF LOCAL GOVERNMENTS
67-6504 PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP --
ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF
67-6505 JOINT PLANNING AND ZONING COMMISSION -- FORMATION -- DUTIES
67-6506 CONFLICT OF INTEREST PROHIBITED
67-6507 THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION
67-6508 PLANNING DUTIES
67-6509 RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE
PLAN
67-6509A SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
AMENDED
67-6509B MANUFACTURED HOUSING COMMUNITY -- EQUAL TREATMENT REQUIRED
67-6510 EXISTING COMPREHENSIVE PLANS
67-6511 ZONING ORDINANCE
67-6511 A DEVELOPMENT AGREEMENTS
67-6512 SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES
67-6513 SUBDIVISION ORDINANCE
67-6514 EXISTING ZONING OR SUBDIVISION ORDINANCES
67-6515 PLANNED UNIT DEVELOPMENTS
67-6515A TRANSFER OF DEVELOPMENT RIGHTS
67-6516 VARIANCE -- DEFINITION -- APPLICATION -- NOTICE -- HEARING
67-6517 FUTURE ACQUISITIONS MAP
67-6518 STANDARDS
67-6519 PERMIT GRANTING PROCESS
67-6520 HEARING EXAMINERS
67-6521 ACTIONS BY AFFECTED PERSONS
67-6522 COMBINING OF PERMITS -- PERMITS TO ASSESSOR
67-6523 EMERGENCY ORDINANCES AND MORATORIUMS
67-6524 INTERIM ORDINANCES AND MORATORIUMS
67-6525 PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6526 AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE
67-6527 VIOLATIONS -- CRIMINAL PENALTIES -- ENFORCEMENT
67-6528 APPLICABILITY OF ORDINANCES
67-6529 APPLICABILITY TO AGRICULTURAL LAND
67-6530 DECLARATION OF PURPOSE
67-6531 SINGLE FAMILY DWELLING
67-6532 LICENSURE, STANDARDS AND RESTRICTIONS
67-6533 LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN
AREAS
67-6534 ADOPTION OF HEARING PROCEDURES
67-6535 APPROVAL OR DENIAL OF ANY APPLICATION TO BE BASED UPON
STANDARDS AND TO BE IN WRITING
67-6536 TRANSCRIBABLE RECORD
67-6537 APPLICATION TO GROUND WATER
67-6538 USE FOR DESIGNED PURPOSE PROTECTED -- WHEN VACANCY OCCURS
67-6501. SHORT TITLE. This act shall be known as the "Local Land Use Planning Act."
67-6502. PURPOSE. The purpose of this act shall be to promote the health, safety,
and general welfare of the people of the state of Idaho as follows
(a) To protect property rights while making accommodations for other necessary types of
development such as low-cost housing and mobile home parks.
(b) To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
(c) To ensure that the economy of the state and localities is protected.
(d) To ensure that the important environmental features of the state and localities are
protected.
(e) To encourage the protection of prime agricultural, forestry, and mining lands for
production of food, fibre, and minerals.
(f) To encourage urban and urban -type development within incorporated cities.
(g) To avoid undue concentration of population and overcrowding of land.
(h) To ensure that the development on land is commensurate with the physical
characteristics of the land.
(i) To protect life and property in areas subject to natural hazards and disasters.
(j) To protect fish, wildlife, and recreation resources.
(k) To avoid undue water and air pollution.
(I) To allow local school districts to participate in the community planning and development
process so as to address public school needs and impacts on an ongoing basis.
67-6503. PARTICIPATION OF LOCAL GOVERNMENTS. Every city and county shall exercise
the powers conferred by this chapter.
67-6504. PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP --
ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council
or board of county commissioners, hereafter referred to as a governing board, may exercise
all of the powers required and authorized by this chapter in accordance with this chapter.
If a governing board chooses to exercise the powers required and authorized by this chapter
it need not follow the procedural requirements established hereby solely for planning and
zoning commissions. If a governing board does not elect to exercise the powers conferred
by this chapter, it shall establish by ordinance adopted, amended, or repealed in accordance
with the notice and hearing procedures provided in section 67-6509, Idaho Code, a planning
commission and a zoning commission or a planning and zoning commission acting in both
capacities, which may act with the full authority of the governing board, excluding the authority
to adopt ordinances or to finally approve land subdivisions. The powers of the board of county
commissioners conferred by this chapter shall apply to the unincorporated area of the county.
Legally authorized planning, zoning, or planning and zoning commissions existing prior to
enactment of this chapter shall be considered to be duly constituted under this chapter. Within
this chapter use of the term "planning and zoning commission" shall include the term
"planning commission," "zoning commission" and "planning and zoning commission."
(a) Membership -- Each commission shall consist of not less than three (3) nor more than
twelve (12) voting members, all appointed by a mayor or chairman of the county board of
commissioners and confirmed by majority vote of the governing board. An appointed member
of a commission must have resided in the county for at least two (2) years prior to his
appointment,and must remain a resident of the county during his service on the commission.
Not more than one-third (1/3) of the members of any commission appointed by the chairman of
the board of county commissioners may reside within an incorporated city of fifteen hundred
(1,500) or more population in the county. At least one-half (112) of the members of any
commission appointed by the chairman of the board of county commissioners must reside
outside the boundaries of any city's area of impact. The ordinance establishing a commission to
exercise the powers under this chapter shall set forth the number of members to be appointed.
The term of office for members shall be not less than three (3) years, nor more than six (6)
years, and the length of term shall be prescribed by ordinance. No person shall serve more than
two (2) full consecutive terms. Vacancies occurring otherwise than through the expiration of
terms shall be filled in the same manner as the original appointment. Members may be removed
for cause by a majority vote of the governing board. Members shall be selected without respect
to political affiliation and may receive such mileage and per diem compensation as provided by
the governing board. If a governing board exercises these powers, its members shall be entitled
to no additional mileage or per diem compensation.
(b) Organization -- Each commission shall elect a chairman and create and fill any other
office that it may deem necessary. A commission may establish subcommittees, advisory
committees or neighborhood groups to advise and assist in carrying out the responsibilities
under this chapter. A commission may appoint nonvoting ex officio advisors as may be deemed
necessary.
(c) Rules, Records, and Meetings -- Written organization papers or bylaws consistent with
this chapter and other laws of the state for the transaction of business of the commission shall
be adopted. A record of meetings, hearings, resolutions, studies, findings, permits, and actions
taken shall be maintained. All meetings and records shall be open to the public. At least one (1)
regular meeting shall be held each month for not less than nine (9) months in a year. A majority
of currently -appointed voting members of the commission shall constitute a quorum.
(d) Expenditures and Staff -- With approval of a governing board through the legally required
budgetary process, the commission may receive and expend funds, goods, and services from
the federal government or agencies and instrumentalities of state or local governments or from
civic and private sources and may contract with these entities and provide information and
reports as necessary to secure aid. Expenditures by a commission shall be within the amounts
appropriated by a governing board. Within such limits, any commission is authorized to hire or
contract with employees and technical advisors, including, but not limited to, planners,
engineers, architects, and legal assistants.
67-6505. JOINT PLANNING AND ZONING COMMISSION -- FORMATION -- DUTIES. The
boards of county commissioners of two (2) or more adjoining counties, alone or together with
the council of one (1) or more cities therein, or the board of county commissioners of a county
together with the council of one (1) or more cities within the county, or the councils of two (2) or
more adjoining
cities, are empowered to cooperate in the establishment of a joint planning, zoning, or planning
and zoning commission,hereafter referred to as a joint commission, and may provide for
participation by invitation of other public agencies deemed necessary to exercise the powers
conferred in this chapter. The number of members of a joint commission. the method of
appointment, and the allocation of costs for activities to be borne by the participating governing
boards shall be agreed upon by the governing boards and agencies involved. A joint
commission is further authorized and empowered to perform any of the duties for any local
member's governing board when the duties have been authorized by that member government.
67-6506. CONFLICT OF INTEREST PROHIBITED. A governing board creating a planning,
zoning, or planning and zoning commission, or joint commission shall provide that the area and
interests within its jurisdiction are broadly represented on the commission. A member or
employee of a governing board, commission, or joint commission shall not participate in any
proceeding or action when the member or employee or his employer, business partner,
business associate, or any person related to him by affinity or consanguinity within the second
degree has an economic interest in the procedure or action. Any actual or potential interest in
any proceeding shall be disclosed at or before any meeting at which the action is being heard or
considered. For purposes of this section the term "participation" means engaging in activities
which constitute deliberations pursuant to the open meeting act. No member of a governing
board or a planning and zoning commission with a conflict of interest shall participate in any
aspect of the decision-making process concerning a matter involving the conflict of interest. A
member with a conflict of interest shall not be prohibited from testifying at, or presenting
evidence to, a public hearing or similar public process after acknowledging nonparticipation in
the matter due to a conflict of interest. A knowing violation of this section shall be a
misdemeanor.
67-6507. THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION. As
part of the planning process, a planning or zoning commission shall provide for citizen meetings,
hearings, surveys, or other methods, to obtain advice on the planning process, plan, and
implementation. The commission may also conduct informational meetings and consult with
public officials and agencies, public utility companies, and civic, educational, professional, or
other organizations. As part of the planning process, the commission shall endeavor to promote
a public interest in and understanding of the commission's activities. The commission may, at
any time, make recommendations to the governing board concerning the plan, planning
process, or implementation of the plan. With the consent of the owner, the commission and its
members, officers, and employees, in the performance of their functions, may enter upon any
land and make examinations and surveys and place and maintain necessary monuments and
marks thereon. The commission may perform such additional duties as may be assigned by the
governing board. The commission shall have the right to seek judicial process, as may be
necessary to enable it to fulfill its functions.
67-6508. PLANNING DUTIES. It shall be the duty of the planning or planning and zoning
commission to conduct a comprehensive planning process designed to prepare, implement, and
review and update a comprehensive plan, hereafter referred to as the plan. The plan shall
include all land within the jurisdiction of the governing board. The plan shall consider previous
and existing conditions, trends, desirable goals and objectives, or desirable future situations for
each planning component.
The plan with maps, charts, and reports shall be based on the following components as they
may apply to land use regulations and actions unless the plan specifies reasons why a
particular component is unneeded.
(a) Property Rights -- An analysis of provisions which may be necessary to insure that land use
policies, restrictions, conditions and fees do not violate private property rights, adversely impact
property values or create unnecessary technical limitations on the use of property and analysis
as prescribed under the declarations of purpose in chapter 80, title 67, Idaho Code.
(b) Population -- A population analysis of past, present, and future trends in population
including such characteristics as total population, age, sex, and income.
(c) School Facilities and Transportation -- An analysis of public school capacity and
transportation considerations associated with future development.
(d) Economic Development -- An analysis of the economic base of the area including
employment, industries, economies, jobs, and income levels.
(e) Land Use -- An analysis of natural land types, existing land covers and uses, and the
intrinsic suitability of lands for uses such as agriculture, forestry, mineral exploration and
extraction, preservation, recreation, housing, commerce, industry, and public facilities. A map
shall be prepared indicating suitable projected land uses for the jurisdiction.
(f) Natural Resource -- An analysis of the uses of rivers and other waters, forests, range, soils,
harbors, fisheries, wildlife, minerals, thermal waters, beaches, watersheds, and shorelines.
(g) Hazardous Areas -- An analysis of known hazards as may result from susceptibility to
surface ruptures from faulting, ground shaking, ground failure, landslides or mudslides;
avalanche hazards resulting from development in the known or probable path of snowslides and
avalanches, and floodplain hazards.
(h) Public Services, Facilities, and Utilities -- An analysis showing general plans for sewage,
drainage, power plant sites, utility transmission corridors, water supply, fire stations and fire
fighting equipment, health and welfare facilities, libraries, solid waste disposal sites, schools,
public safety facilities and related services. The plan may also show locations of civic centers
and public buildings.
(i) Transportation -- An analysis, prepared in coordination with the local jurisdiction(s) having
authority over the public highways and streets, showing the general locations and widths of a
system of major traffic thoroughfares and other traffic ways, and of streets and the
recommended treatment thereof. This component may also make recommendations on building
line setbacks, control of access, street naming and numbering, and a proposed system of public
or other transit lines and related facilities including rights-of-way, terminals, future corridors,
viaducts and grade separations. The component may also include port, harbor, aviation, and
other related transportation facilities.
(j) Recreation -- An analysis showing a system of recreation areas, including parks, parkways,
trailways, river bank greenbelts, beaches, playgrounds, and other recreation areas and
programs.
(k) Special Areas or Sites -- An analysis of areas, sites, or structures of historical,
archeological, architectural, ecological, wildlife, or scenic significance.
(I) Housing -- An analysis of housing conditions and needs; plans for improvement of housing
standards; and plans for the provision of safe, sanitary, and adequate housing, including the
provision for low-cost conventional housing, the siting of manufactured housing and mobile
homes in subdivisions and parks and on individual lots which are sufficient to maintain a
competitive market for each of those housing types and to address the needs of the community.
(m) Community Design -- An analysis of needs for governing landscaping, building design, tree
planting, signs, and suggested patterns and standards for community design, development, and
beautification.
(n) Implementation -- An analysis to determine actions, programs, budgets, ordinances, or
other methods including scheduling of public expenditures to provide for the timely execution of
the various components of the plan. Nothing herein shall preclude the consideration of
additional planning components or subject matter.
67-6509. RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE
PLAN.
(a) The planning or planning and zoning commission, prior to recommending the plan.
amendment, or repeal of the plan to the governing board, shall conduct at least one (1) public
hearing in which interested personsshall have an opportunity to be heard. At least fifteen (15)
days prior to the hearing, notice of the time and place and a summary of the plan to be
discussed shall be published in the official newspaper or paper of general circulation within the
jurisdiction. The commission shall also make available a notice to other papers, radio and
television stations serving the jurisdiction for use as a public service announcement. Notice of
intent to adopt. repeal or amend the plan shall be sent to all political subdivisions providing
services within the planning jurisdiction, including school districts, at least fifteen (15) days prior
to the public hearing scheduled by the commission. Following the commission hearing, if the
commission recommends a material change to the proposed amendment to the plan which was
considered at the hearing, it shall give notice of its proposed recommendation and conduct
another public hearing concerning the matter if the governing board will not conduct a
subsequent public hearing concerning the proposed amendment. If the governing board will
conduct a subsequent public hearing, notice of the planning and zoning commission
recommendation shall be included in the notice of public hearing provided by the governing
board. A record of the hearings, findings made, and actions taken by the commission shall be
maintained by the city or county.
(b) The governing board, as provided by local ordinance, prior to adoption, amendment, or
repeal of the plan, may conduct at least one (1) public hearing, in addition to the public
hearing(s) conducted by the commission, using the same notice and hearing procedures as the
commission. The governing board shall not hold a public hearing, give notice of a proposed
hearing, nor take action upon the plan, amendments, or repeal until recommendations have
been received from the commission. Following consideration by the governing board, if the
governing board makes a material change in the recommendation or alternative options
contained in the recommendation by the commission concerning adoption, amendment or
repeal of a plan, further notice and hearing shall be provided before the governing board adopts,
amends or repeals the plan.
(c) No plan shall be effective unless adopted by resolution by the governing board. A
resolution enacting or amending a plan or part of a plan may be adopted, amended, or repealed
by definitive reference to the specific plan document. A copy of the adopted or amended plan
shall accompany each adopting resolution and shall be kept on file with the city clerk or county
clerk.
(d) Any person may petition the commission or, in absence of a commission, the governing
board, for a plan amendment at any time. The commission may recommend amendments to the
land use map component of the comprehensive plan to the governing board not more frequently
than once every six (6) months. The commission may recommend amendments to the text of
the comprehensive plan and to other ordinances authorized by this chapter to the governing
board at any time.
67-6509A. SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS -- PLAN TO BE
AMENDED.
(1) By resolution or ordinance adopted, amended or repealed in accordance with the notice
and hearing procedures provided under section 67-6509, Idaho Code, each governing board
shall amend its comprehensive plan and land use regulations for all land zoned for single-family
residential uses, except for lands falling within an area defined as a historic district under
section 67-4607, Idaho Code, to allow for siting of manufactured homes as defined in section
39-4105(13), Idaho Code.
(2) Manufactured homes on individual lots zoned for single-family residential uses as
provided in subsection (1) of this section shall be in addition to manufactured homes on lots
within designated mobile home parks or manufactured home subdivisions.
(3) This section shall not be construed as abrogating a recorded restrictive covenant.
(4) A governing board may adopt any or all of the following placement standards, or any less
restrictive standards, for the approval of manufactured homes located outside mobile home
parks
(a) The manufactured home shall be multisectional and enclose a space of not less than
one thousand (1,000) square feet;
(b) The manufactured home shall be placed on an excavated and backfilled foundation and
enclosed at the perimeter such that the home is located not more than twelve (12) inches above
grade:
(c) The manufactured home shall have a pitched roof, except that no standards shall require
a slope of greater than a nominal three (3) feet in height for each twelve (12) feet in width;
(d) The manufactured home shall have exterior siding and roofing which in color, material
and appearance is similar to the exterior siding and roofing material commonly used on
residential dwellings within the community or which is comparable to the predominant materials
used on surrounding dwellings as determined by the local permit approval authority;
(e) The manufactured home shall have a garage or carport constructed of like materials. A
governing board may require an attached or detached garage in lieu of a carport where such is
consistent with the predominant construction of immediately surrounding dwellings;
(f) In addition to the provisions of paragraphs (a) through (e) of this subsection, a city or
county may subject a manufactured home and the lot upon which it is sited to any development
standard, architectural requirement and minimum size requirements to which a conventional
single-family residential dwelling on the same lot would be subjected.
(5) Any approval standards, special conditions and the procedures for approval adopted by a
local government shall be clear and objective and shall not have the effect, either in themselves
or cumulatively, of discouraging needed housing through unreasonable cost or delay.
67-65096. MANUFACTURED HOUSING COMMUNITY -- EQUAL TREATMENT REQUIRED.
.A city or a county shall not adopt or enforce zoning, community development or subdivision
ordinance provisions which disallow the plans and specifications of a manufactured housing
community solely because the housing within the community will be manufactured housing.
Applications for development of manufactured home communities shall be treated the same as
those for site -built homes. For purposes of this section, "manufactured housing community"
means any site, lot or tract of land upon which ten (10) or more manufactured homes may be
sited. The manufactured housing community may feature either fee simple land sales or land
leased or rented by the homeowner.
67-6510. EXISTING COMPREHENSIVE PLANS. A governing board using any plan in
existence on the effective date of this chapter shall conduct a review of that plan and shall make
necessary amendments in accordance with this chapter prior to January 1, 1977, providing for
recommendation, notice and hearing pursuant to section 67-6509, Idaho Code.
67-6511. ZONING ORDINANCE. Each governing board shall, by ordinance adopted,
amended, or repealed in accordance with the notice and hearing procedures provided under
section 67-6509, Idaho Code, establish within its jurisdiction one (1) or more zones or zoning
districts where appropriate. The zoning districts shall be in accordance with the policies set forth
in the adopted comprehensive plan. Within a zoning district, the governing board shall where
appropriate, establish standards to regulate and restrict the height, number of stories. size,
construction, reconstruction, alteration, repair or use of buildings and structures; percentage of
lot occupancy, size of courts, yards, and open spaces; density of population: and the location
and use of buildings and structures. All standards shall be uniform for each class or kind of
buildings throughout each district, but the standards in one (1) district may differ from those in
another district. Ordinances establishing zoning districts shall be amended as follows
(a) Requests for an amendment to the zoning ordinance shall be submitted to the zoning or
planning and zoning commission which shall evaluate the request to determine the extent and
nature of the amendment requested. Particular consideration shall be given to the effects of any
proposed zone change upon the delivery of services by any political subdivision providing public
services, including school districts, within the planning jurisdiction.
(b) After considering the comprehensive plan and other evidence gathered through the public
hearing process, the zoning or planning and zoning commission may recommend and the
governing board may adopt or reject an ordinance amendment pursuant to the notice and
hearing procedures provided in section 67-6509, Idaho Code, provided that in the case of a
zoning district boundary change, additional notice shall be provided by mail to property owners
or purchasers of record within the land being considered, and within three hundred (300) feet 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 commission. Notice shall also be
posted on the premises not less than one (1) week prior to the hearing. When notice is required
to two hundred (200) or more property owners or purchasers of record, alternate forms of
procedures which would provide adequate notice may be provided by local ordinance in lieu of
posted or mailed notice. In the absence of a locally adopted alternative notice procedure,
sufficient notice shall be deemed to have been provided if the city or county provides notice
through a display advertisement at least four (4) inches by two (2) columns in size in the official
newspaper of the city or county at least fifteen (15) days prior to the hearing date, in addition to
site posting on all external boundaries of the site.
(c) If the request is found by the governing board to be in conflict with the adopted plan, or
would result in demonstrable adverse impacts upon the delivery of services by any political
subdivision providing public services, including school districts, within the planning jurisdiction,
the governing board may require the request to be submitted to the planning or planning and
zoning commission or, in absence of a commission, the governing board may consider an
amendment to the comprehensive plan pursuant to the notice and hearing procedures provided
in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may
then be considered for amendment pursuant to section 67-6511(b), Idaho Code.
(d) If a governing board adopts a zoning classification pursuant to a request by a property
owner based upon a valid, existing comprehensive plan and zoning ordinance, the governing
board shall not subsequently reverse its action or otherwise change the zoning classification of
said property without the consent in writing of the current property owner for a period of four (4)
years from the date the governing board adopted said individual property owner's request for a
zoning classification change. If the governing body does reverse its action or otherwise change
the zoning classification of said property during the above four (4) year period without the
current property owner's consent in writing, the current property owner shall have standing in a
court of competent jurisdiction to enforce the provisions of this section.
67-6511A. DEVELOPMENT AGREEMENTS. Each governing board may, by ordinance
adopted or amended in accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or
developer make a written commitment concerning the use or development of the subject parcel.
The governing board shall adopt ordinance provisions governing the creation, form, recording,
modification, enforcement and termination of conditional commitments. Such commitments shall
be recorded in the office of the county recorder and shall take effect upon the adoption of the
amendment to the zoning ordinance. Unless modified or terminated by the governing board
after a public hearing, a commitment is binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the parcel. A commitment is binding on
the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding
on a subsequent owner or other person acquiring an interest in the parcel only if that
subsequent owner or other person has actual notice of the commitment. A commitment may be
modified only by the permission of the governing board after complying with the notice and
hearing provisions of section 67-6509, Idaho Code. A commitment may be terminated, and the
zoning designation upon which the use is based reversed, upon the failure of the requirements
in the commitment after a reasonable time as determined by the governing board or upon the
failure of the owner: each subsequent owner or each other person acquiring an interest in the
parcel to comply with the conditions in the commitment and after complying with the notice and
hearing provisions of section 67-6509, Idaho Code. By permitting or requiring commitments by
ordinance the governing board does not obligate itself to recommend or adopt the proposed
zoning ordinance. A written commitment shall be deemed written consent to rezone upon the
failure of conditions imposed by the commitment in accordance with the provisions of this
section.
67-6512. SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES. (a) As part of a
zoning ordinance each governing board may provide by ordinance adopted, amended, or
repealed in accordance with the notice and hearing procedures provided under section 67-6509,
Idaho Code, for the processing of applications for special or conditional use permits. A special
use permit may be granted to an applicant if the proposed use is conditionally permitted by the
terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance,
subject to the ability of political subdivisions, including school districts, to provide services for
the proposed use, and when it is not in conflict with the plan.
(b) Prior to granting a special use permit, at least one (1) public hearing in which interested
persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to
the hearing, notice of the time and place, and a summary of the proposal shall be published in
the official newspaper or paper of general circulation within the jurisdiction. Notice may also be
made available to other newspapers, radio and television stations serving the jurisdiction for use
as a public service announcement. Notice shall be posted on the premises not less than one (1)
week prior to the hearing. Notice shall also be provided to property owners or purchasers of
record within the land being considered, three hundred (300) feet of the external boundaries of
the land being considered, and any additional area that may be substantially impacted by the
proposed special use as determined by the commission.
(c) When notice is required to two hundred (200) or more property owners or purchasers of
record, alternate forms of procedures which would provide adequate notice may be provided by
local ordinance in lieu of mailed notice. In the absence of a locally adopted alternative notice
procedure, sufficient notice shall be deemed to have been provided if the city or county provides
notice through a display advertisement at least four (4) inches by two (2) columns in size in the
official newspaper of the city or county at least fifteen (15) days prior to the hearing date, in
addition to site posting on all external boundaries of the site.
(d) Upon the granting of a special use permit, conditions may be attached to a special use
permit 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 development;
(4) Assuring that development is maintained properly;
(5) Designating the exact location and nature of development;
(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) Requiring mitigation of effects of the proposed development upon service delivery by
any political subdivision, including school districts, providing services within the planning
jurisdiction.
(e) Prior to granting a special use permit. studies may be required of the social, economic,
fiscal, and environmental effects of the proposed special use. A special use permit shall not be
considered as establishing a binding precedent to grant other special use permits. A special use
permit is not transferable from one (1) parcel of land to another.
67-6513. SUBDIVISION ORDINANCE. Each governing board shall provide, by ordinance
adopted, amended, or repealed in accordance with the notice and hearing procedures provided
under section 67-6509, Idaho Code, for standards and for the processing of applications for
subdivision permits under sections 50-1301 through 50-1329, Idaho Code. Each such ordinance
may provide for mitigation of the effects of subdivision development on the ability of political
subdivisions of the state, including school districts, to deliver services without compromising
quality of service delivery to current residents or imposing substantial additional costs upon
current residents to accommodate the proposed subdivision. Fees established for purposes of
mitigating the financial impacts of development must comply with the provisions of chapter 82,
title 67, Idaho Code.
67-6514. EXISTING ZONING OR SUBDIVISION ORDINANCES. A governing board, using any
zoning or subdivision ordinance in existence on the effective date of this chapter, shall conduct
a review of those ordinances and shall make necessary amendments in accordance with this
chapter prior to January 1, 1978, following notice and hearing pursuant to section 67-6509,
Idaho Code.
67-6515. PLANNED UNIT DEVELOPMENTS. As part of or separate from the zoning
ordinance. each governing board may provide, by ordinance adopted, amended, or repealed in
accordance with the notice and hearing procedures provided under section 67-6509, Idaho
Code, for the processing of applications for planned unit development permits. A planned unit
development may be defined in a local ordinance as an area of land in which a variety of
residential, commercial, industrial, and other land uses are provided for under single ownership
or control. Planned unit development ordinances may include, but are not limited to,
requirements for minimum area, permitted uses, ownership, common open space, utilities,
density, arrangements of land uses on a site, and permit processing. Planned unit
developments may be permitted pursuant to the procedures for processing applications for
special use permits following the notice and hearing procedures provided in section 67-6512,
Idaho Code.
67-6515A. TRANSFER OF DEVELOPMENT RIGHTS. [EFFECTIVE JULY 1, 2000]
(1) Any city or county governing body may, by ordinance, create development rights and
establish procedures authorizing landowners to voluntarily transfer said development rights
subject to:
(a) Such conditions as the governing body shall determine to fulfill the goals of the city or
county to preserve open space, protect wildlife habitat and critical areas, and enhance and
maintain the rural character of lands with contiguity to agricultural lands suitable for long-range
farming and ranching operations; and
(b) Voluntary acceptance by the landowner of the development rights and any land use
restrictions conditional to such acceptance.
(2) Before designating sending areas and receiving areas, a city or county shall conduct an
analysis
of the market in an attempt to assure that areas designated as receiving areas will have the
capacity to accommodate the number of development rights expected to be generated from the
sending areas.
(3) Ordinances providing for a transfer of development rights shall not require a property
owner in a sending area to sell development rights. Once a transfer of development rights has
been exercised it shall constitute a restriction on the development of the property in perpetuity,
unless the city or county elects to extinguish such restriction pursuant to the provisions of this
chapter.
(4) A city or county may not condition an application for a permit to which an applicant is
otherwise entitled under existing zoning and subdivision ordinances on the acquisition of
development rights. A city or county may not condition an application for a zoning district
boundary change which is consistent with the comprehensive plan on the acquisition of
development rights. A city or county may not reduce the density of an existing zone and
thereafter require an applicant to acquire development rights as a condition of approving a
request for a zoning district boundary change which would permit greater density.
(5) A person may not acquire a development right without the intent to exercise that right
within a receiving area within ten (10) years of the date of acquisition. Upon a showing of good
cause, a city or county may extend the right to exercise the development right for an additional
period not to exceed five (5) years. If the development right is not used before the end of the
time period herein provided and any extension thereof, the development right will revert to the
owner of the property from which it was transferred.
(6) No transfer of a development right, as contemplated herein, shall affect the validity or
continued right to use any water right that is appurtenant to the real property from which such
development right is transferred. The transfer of a water right shall remain subject to the
provisions of title 42, Idaho Code.
(7) (a) Ordinances providing for the transfer of development rights shall provide that no
transfer of development rights may occur without the written consent of all lienholders and other
parties with an interest of record in the property from which development rights are proposed to
be transferred. Transfers of development rights without such consent shall be void.
(b) A development right which is transferred shall be deemed to be an interest in real
property and the rights evidenced thereby shall inure to the benefit of the transferee, his heirs,
successors and assigns. An unexercised development right shall not be taxed as real or
personal property.
(8) For the purposes of this section
(a) "Development rights" shall mean the rights permitted to a lot, parcel or area of land
under a zoning or other ordinance respecting permissible use, area, density, bulk or height of
improvements. Development rights may be calculated and allocated in accordance with such
factors as area, floor area, floor area ratios, density, height limitations, or any other criteria that
will effectively quantify a value for the development right in a reasonable and uniform manner
that will carry out the objectives of this section.
(b) "Receiving area" shall mean one (1) or more designated areas of land to which
development rights generated from one (1) or more sending areas may be transferred and in
which increased development is permitted to occur by reason of such transfer.
(c) "Sending area" shall mean one (1) or more designated areas of land in which
development rights may be designated for use in one (1) or more receiving areas.
(d) "Transfer of development rights" shall mean the process by which development rights
are transferred from one (1) lot, parcel or area of land in any sending area to another lot, parcel
or area of land in one (1) or more receiving areas.
67-6516. VARIANCE -- DEFINITION -- APPLICATION -- NOTICE -- HEARING. Each
governing board shall provide, as part of the zoning ordinance, for the processing of
applications for variance permits. A variance is a modification of the bulk and placement
requirements of the ordinance as to lot size. lot
coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of
buildings, or other ordinance provision affecting the size or shape of a structure or the
placement of the structure upon lots, or the size of lots. A variance shall not be considered a
right or special privilege, but may be granted to an applicant only upon a showing of undue
hardship because of characteristics of the site and that the variance is not in conflict with the
public interest. Prior to granting a variance, notice and an opportunity to be heard shall be
provided to property owners adjoining the parcel under consideration.
67-6517. FUTURE ACQUISITIONS MAP. Upon the recommendation of the planning or
planning and zoning commission each governing board may adopt, amend, or repeal a future
acquisitions map in accordance with the notice and hearing procedures provided in section 67-
6509, Idaho Code. The map shall designateland proposed for acquisition by a public agency for
a maximum twenty (20) year period. Lands designated for acquisition may include land for:
(a) Streets, roads, other public ways, or transportation facilities proposed for construction or
alteration;
(b) Proposed schools, airports, or other public buildings;
(c) Proposed parks or other open spaces; or
(d) Lands for other public purposes.
Upon receipt of a request for a permit as defined in this chapter, or a building permit as defined
in a local ordinance, for a development on any lands designated upon the future acquisitions
map, the zoning or planning and zoning commission or the governing board shall notify the
public agency proposing to acquire the land. Within thirty (30) days of the date of that notice, the
public agency may, in writing, request the commission or governing board to suspend
consideration of the permit for sixty (60) days from the date of the request to allow the public
agency to negotiate with the land owner to obtain an option to purchase the land, acquire the
land, or institute condemnation proceedings as may be authorized in the Idaho Code. If the
public agency fails to do so within the sixty (60) days, the commission or governing board shall
resume consideration of the permit. Nothing in this chapter shall limit a governing board from
adopting local ordinances as required or authorized which include lands on the future
acquisitions map.
67-6518. STANDARDS. Each governing board may adopt standards for such things as:
building design; blocks, lots, and tracts of land; yards, courts, greenbelts, planting strips, parks,
and other open spaces; trees; signs; parking spaces; roadways. streets, lanes, bicycleways,
pedestrian walkways, rights-of-way, grades, alignments, and intersections; lighting; easements
for public utilities; access to streams, lakes, and viewpoints; water systems; sewer systems;
storm drainage systems; street numbers and names; house numbers; schools, hospitals, and
other public and private development. Standards may be provided as part of zoning,
subdivision, planned unit development, or separate ordinance adopted, amended, or repealed in
accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code.
Whenever the ordinances made under this chapter impose higher standards than are required
by any other statute or local ordinance, the provisions of ordinances made pursuant to this
chapter shall govern.
67-6519. PERMIT GRANTING PROCESS. As part of ordinances required or authorized under
this chapter, a procedure shall be established for processing in a timely manner applications for
permits for which a reasonable fee may be charged. Each application for a permit required or
authorized under this chapter shall first be submitted to the zoning or planning and zoning
commission for its recommendation or decision. The commission shall have a reasonable time
fixed by the governing board to examine the application before the commission makes its
decision on the permit or makes its recommendation to the governing board. Each commission
or governing board shall establish by rule a time period within which a
recommendation or decision must be made. Whenever a governing board or zoning or planning
and zoning commission grants or denies a permit, it 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.
An applicant denied a permit or aggrieved by a decision may within twenty-eight (28) days after
all remedies have been exhausted under local ordinance seek judicial review under the
procedures provided by chapter 52, title 67, Idaho Code.
67-6520. HEARING EXAMINERS. Hearing examiners include professionally trained or
licensed staff planners, engineers, or architects. If authorized by local ordinance adopted,
amended, or repealed in accordance with the notice and hearing procedures provided in section
67-6509, Idaho Code, hearing examiners may be appointed by a governing board or zoning or
planning and zoning commission for hearing applications for subdivision, special use and
variance permits and requests for zoning district boundary changes which are in accordance
with the plan. Notice, hearing, and records before the examiner shall be as provided in this
chapter for the zoning or planning and zoning commission. Whenever a hearing examiner hears
an application, he may, pursuant to local ordinance. grant or deny the application or submit a
recommendation to the governing board or zoning or planning and zoning commission. His
decision or recommendation shall specify
(a) the ordinance and standards used in evaluating the application;
(b) the reasons for the recommendation or decision; and
(c) the actions, if any, that the applicant could take to obtain a permit or zoning district
boundary change in accordance with the plan.
An applicant denied a permit or aggrieved by a decision may within twenty-eight (28) days
after all appellate remedies have been exhausted under local ordinance seek judicial review as
provided by chapter 52, title 67, Idaho Code.
67-6521. ACTIONS BY AFFECTED PERSONS. (1) (a) As used herein, an affected person
shall mean one having an interest in real property which may be adversely affected by the
issuance or denial of a permit authorizing the development.
(b) Any affected person may at any time prior to final action on a permit required or
authorized under this chapter, if no hearing has been held on the application, petition the
commission or governing board in writing to hold a hearing pursuant to section 67-6512, Idaho
Code; provided, however, that if twenty (20) affected persons petition for a hearing, the hearing
shall be held.
(c) After a hearing, the commission or governing board may:
(i) Grant or deny a permit; or
(ii) Delay such a decision for a definite period of time for further study or hearing. Each
commission or governing board shall establish by rule and regulation a time period within which
a recommendation or decision must be made.
(d) An affected person aggrieved by a decision may within twenty-eight (28) days after all
remedies have been exhausted under local ordinances seek judicial review as provided by
chapter 52, title 67, Idaho Code.
(2) (a) Authority to exercise the regulatory power of zoning in land use planning shall not
simultaneously displace coexisting eminent domain authority granted under section 14, article I,
of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code.
(b) An affected person claiming just compensation" for a perceived "taking," the basis of the
claim being that a specific zoning action or permitting action restricting private property
development is actually a regulatory action by local government deemed "necessary to
complete the development of the material resources of the state," or necessary for other public
uses, may seek a judicial determination of whether the claim comes within
defined provisions of section 14, article I, of the constitution of the state of Idaho relating to
eminent domain. Under these circumstances. the affected person is exempt from the provisions
of subsection
(1) of this section and may seek judicial review through an inverse condemnation action
specifying neglect by local government to provide "just compensation" under the provisions of
section 14, article I, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code.
67-6522. COMBINING OF PERMITS -- PERMITS TO ASSESSOR. Where practical, the
governing board or zoning or planning and zoning commission may combine related permits for
the convenience of applicants. State and federal agencies should make every effort to combine
or coordinate related permits with the local governing board or commission. Appropriate permits
as defined by local ordinance shall be forwarded to the county assessor.
67-6523. EMERGENCY ORDINANCES AND MORATORIUMS If a governing board finds that
an imminent peril to the public health, safety, or welfare requires adoption of ordinances as
required or authorized under this chapter, or adoption of a moratorium upon the issuance of
selected classes of permits, or both, it shall state in writing its reasons for that finding. The
governing board may then proceed without recommendation of a commission, upon any
abbreviated notice of hearing that it finds practical, to adopt the ordinance or moratorium. An
emergency ordinance or moratorium may be effective for a period of not longer than one
hundred and twenty (120) days.
67-6524. INTERIM ORDINANCES AND MORATORIUMS. If a governing board finds that a
plan, a plan component, or an amendment to a plan is being prepared for its jurisdiction, it may
adopt interim ordinances as required or authorized under this chapter, following the notice and
hearing procedures provided in section 67-6509, Idaho Code. The governing board may also
adopt an interim moratorium upon the issuance of selected classes of permits if, in addition to
the foregoing, the governing board finds and states in writing that an imminent peril to the public
health, safety, or welfare requires the adoption of an interim moratorium. An interim ordinance
or moratorium shall state a definite period of time when it shall be in full force and effect.
67-6525. PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA.
Prior to annexation of an unincorporated area, a city council shall request and receive a
recommendation from the planning and zoning commission, or the planning commission and the
zoning commission, on the proposed plan and zoning ordinance changes for the unincorporated
area. Each commission and the city council shall follow the notice and hearing procedures
provided in section 67-6509, Idaho Code. Concurrently or immediately following the adoption of
an ordinance of annexation, the city council shall amend the plan and zoning ordinance.
67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
board of each county and each city therein shall adopt by ordinance following the notice and
hearing procedures provided in section 67-6509, Idaho Code, a map identifying an area of city
impact within the unincorporated area of the county. A separate ordinance providing for
application of plans and ordinances for the area of city impact shall be adopted. Subject to the
provisions of section 50-222,
Idaho Code, an area of city impact must be established before a city may annex adjacent
territory. This separate ordinance shall provide for one (1) of the following:
(1) Application of the city plan and ordinances adopted under this chapter to the area of city
impact; or
(2) Application of the county plan and ordinances adopted under this chapter to the area of
city impact; or
(3) Application of any mutually agreed upon plan and ordinances adopted under this chapter
to the area of city impact. Areas of city impact, together with plan and ordinance requirements,
may cross county boundaries by agreement of the city and county concerned if the city is within
three (3) miles of the adjoining county.
(b) If the requirements of section 67-6526(a), Idaho Code, are not met by January 1, 2000,
the county commissioners for the county concerned, together with three (3) elected city officials
designated by the mayor of the city and confirmed by the council, shall, within thirty (30) days
after the city officials have been confirmed by the council, select three (3) city or county
residents. These nine (9) persons shall, by majority vote, recommend to the city and county
governing boards an area of city impact together with plan and ordinance requirements. The
recommendations shall be submitted to the governing boards within one hundred eighty (180)
days after the selection of the three (3) at-large members and shall be acted upon by the
governing boards within sixty (60) days of receipt. If the city or county fails to enact ordinances
providing for an area of city impact, plan, and ordinance requirements, either the city or county
may seek a declaratory judgment from the district court identifying the area of city impact,
and plan and ordinance requirements. In defining an area of city impact, the following factors
shall be considered (1) trade area; (2) geographic factors; and (3) areas that can reasonably be
expected to be annexed to the city in the future.
onIN (c) If areas of city impact overlap, the cities involved shall negotiate boundary adjustments to
be recommended to the respective city councils. If the cities cannot reach agreement, the board
of county commissioners shall, upon a request from either city, within thirty (30) days,
recommend adjustments to the areas of city impact which shall be adopted by ordinance by the
cities following the notice and hearing procedures provided in section 67-6509, Idaho Code. If
any city objects to the recommendation of the board of county commissioners, the county shall
conduct an election, subject to the provisions of section 34-106, Idaho Code, and establish
polling places for the purpose of submitting to the qualified electors residing in the overlapping
impact area, the question of which area of city impact the electors wish to reside. The results of
the election shall be conclusive and binding, and no further proceedings shall be entertained by
the board of county commissioners, and the decision shall not be appealable by either city
involved. The clerk of the board of county commissioners shall by abstract of the results of the
election, certify that fact, record the same and transmit copies of the original abstract of the
result of the election to the clerk of the involved cities.
(d) Areas of city impact, plan, and ordinance requirements shall remain fixed until both
governing boards agree to renegotiate. In the event the city and county cannot agree, the
judicial review process of subsection (b) shall apply. Renegotiations shall begin within thirty (30)
days after written request by the city or county and shall follow the procedures for original
negotiation provided in this section.
(e) Prior to negotiation or renegotiation of areas of city impact, plan, and ordinance
requirements, the governing boards shall submit the questions to the planning, zoning, or
planning and zoning commission for recommendation. Each commission shall have a
reasonable time fixed by the governing board to make its recommendations to the governing
board.
,dielik, (f) This section shall not preclude growth and development in areas of any county within the
state of Idaho which are not within the areas of city impact provided for herein.
(g) If the area of impact has been delimited pursuant to the provisions of subsection (a) (1) of
this section, persons living within the delimited area of impact shall be entitled to representation
on the planning, zoning, or the planning and zoning commission of the city of impact. Such
representation shall as nearly as possible reflect the proportion of population living within the
city as opposed to the population living within the areas of impact for that city. To achieve such
proportional representation, membership of the planning, zoning or planning and zoning
commission, may exceed twelve (12) persons, notwithstanding the provisions of subsection (a)
of section 67-6504, Idaho Code. In instances where a city has combined either or both of its
planning and zoning functions with the county, representation on the resulting joint planning,
zoning or planning and zoning commission shall as nearly as possible reflect the proportion of
population living within the impacted city, the area of city impact outside the city, and the
remaining unincorporated area of the county. Membership on such a joint planning, zoning or
planning and zoning commission may exceed twelve (12) persons, notwithstanding the
provisions of subsection (a) of section 67-6504, Idaho Code.
67-6527. VIOLATIONS -- CRIMINAL PENALTIES -- ENFORCEMENT. A governing board
may provide by ordinance for the enforcement of this chapter or any ordinance or regulation
made pursuant to this chapter. A violation of any such ordinance or regulation may be declared
a misdemeanor and the governing board may provide by ordinance for punishment thereof by
fine or imprisonment or by both. Local ordinances adopted pursuant to authority granted by this
chapter may be enforced by the imposition of infraction penalties. Except that where property
has been made nonconforming by the exercise of eminent domain it shall not be a violation and
no penalty, either civil or criminal, shall result. In addition, whenever it appears to a governing
board that any person has engaged or is about to engage in any act or practice violating any
provision of this chapter or an ordinance or regulation enacted pursuant to this chapter, the
governing board may institute a civil action in the district court to enforce compliance with this
chapter or any ordinance or regulation enacted hereunder. Upon a showing that a person has
engaged or is about to engage in an act or practice constituting a violation of this chapter or
ordinance or regulation enacted hereunder, a permanent or temporary injunction, restraining
order, or such other relief as the court deems appropriate shall be granted. The governing board
shall not be required to furnish bond.
67-6528. APPLICABILITY OF ORDINANCES. The state of Idaho, and all its agencies, boards,
departments, institutions, and local special purpose districts, shall comply with all plans and
ordinances adopted under this chapter unless otherwise provided by law. In adoption and
implementation of the plan and ordinances, the governing board or commission shall take into
account the plans and needs of the state of Idaho and all agencies, boards, departments,
institutions, and local special purpose districts. The provisions of plans and ordinances enacted
pursuant to this chapter shall not apply to transportation systems of statewide importance as
may be determined by the Idaho transportation board. The Idaho transportation board shall
consult with the local agencies affected specifically on site plans and design of transportation
systems within local jurisdictions. If a public utility has been ordered or permitted by specific
order, pursuant to title 61, Idaho Code, to do or refrain from doing an act by the public utilities
commission, any action or order of a governmental agency pursuant to titles 31, 50 or 67, Idaho
Code, in conflict with said public utilities commission order, shall be insofar as it is in conflict,
null and void if prior to entering said order, the public utilities commission has given the affected
governmental agency an opportunity to appear before or consult with the public utilities
commission with respect to such conflict.
67-6529. APPLICABILITY TO AGRICULTURAL LAND. No power granted hereby shall
be construed to empower a board of county commissioners to enact any ordinance or
resolution which deprives any owner of full and complete use of agricultural land for production
of any agricultural product.Agricultural land shall be defined by local ordinance or resolution.
67-6530. DECLARATION OF PURPOSE. The legislature declares that it is the policy of this
state that mentally and/or physically handicapped or elderly persons are entitled to live in
normal residential surroundings and should not be excluded therefrom because of their disability
or advanced age. and in order to achieve statewide implementation of such policy it is
necessary to establish the statewide policy that the use of property for the care of eight (8) or
fewer mentally and/or physically handicapped or elderly persons is a residential use of such
property for the purposes of local zoning.
67-6531. SINGLE FAMILY DWELLING. (a) For the purpose of any zoning law, ordinance or
code, the classification "single family dwelling" shall include any home in which eight (8) or
fewer unrelated mentally and/or physically handicapped or elderly persons reside; and which is
supervised.
(b) Resident staff, if employed, need not be related to each other or to any of the mentally
and/or physically handicapped or elderly persons residing in the home.
(c) No more than two (2) of such staff shall reside in the dwelling at any one time.
67-6532. LICENSURE, STANDARDS AND RESTRICTIONS. (a) The department
of health and welfare may require such residences to be licensed and set minimum standards
for providing services or operation. Such licensure may be under the residential care home
regulations, or under the intermediate care facilities for mentally retarded or related conditions
regulations, or under regulations specifically written for such residences.
(b) No conditional use permit, zoning variance, or other zoning clearance shall be required of
a residential facility which serves eight (8) or fewer mentally and/or physically handicapped or
elderly persons and is supervised as required in section 67-6531, Idaho Code, which is not
required of a single family dwelling in the same zone.
(c) No local ordinances or local restrictions shall be applied to or required for a residential
facility which serves eight (8) or fewer mentally and/or physically handicapped or elderly
persons and is supervised as required in section 67-6531, Idaho Code, which is not applied to
or required for a single family dwelling in the same zone.
67-6533. LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN
CERTAIN AREAS.
(a) From and after January 1, 1980, no person or entity shall own or operate any store, shop
or business which sells or rents any materials defined as obscene materials in section 18-4101,
Idaho Code, within twenty-five hundred (2500) feet of any school, church, or place of worship
measured in a straight line to the nearest entrance to the premises.
(b) From and after January 1, 1980. no person or entity shall own or operate any store, shop
or business which sells or rents any materials defined in subsection 1 of section 18-1515, Idaho
Code, where such materials constitute ten percent (10%) or more of the printed materials held
for sale or rent of such store, shop or business, within twenty-five hundred (2500) feet of any
school, church, or place of worship measured in a straight line to the nearest entrance to the
premises.
(c) From and after the effective date of this act, a violation of subsection (a) or subsection (b)
of this section shall be a misdemeanor.
(d) A judge of a court of competent jurisdiction shall immediately issue a temporary
restraining order for a violation of subsection (a) or subsection (b) of this section upon
application therefore [therefor] by any public or private entity or person and upon compliance
with the Idaho rules of civil procedure, except that no bond or security for the issuance of such
restraining order shall be required. Further, a violation of subsection (a) or subsection (b) of this
section shall subject the person and entities therefore [therefor] to a preliminary and permanent
order of any court of this state enjoining them from such violation and no bond or security shall
be required from the plaintiff or applicant therefore [therefor].
(e) No entity, public or private, nor any person shall be liable for any damages, costs or
attorney fees for any acts attempting to civilly or criminally enforce this section.
(f) Nothing contained in this section shall preempt or prohibit cities or counties from regulating
or restricting the location of the business activity described in this section and cities and
counties are hereby specifically authorized to so regulate or restrict the location of said business
activity.
67-6534. ADOPTION OF HEARING PROCEDURES. The governing board shall, by ordinance
or resolution, adopt procedures for the conduct of public hearings. At a minimum such hearing
procedures shall provide an opportunity for all affected persons to present and rebut evidence.
67-6535. APPROVAL OR DENIAL OF ANY APPLICATION TO BE BASED UPON
STANDARDS AND TO BE IN WRITING.
(a) The approval or denial of any application provided for in this chapter shall be based upon
standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or
other appropriate ordinance or regulation of the city or county.
(b) The approval or denial of any application provided for in this chapter shall be in writing
and accompanied by a reasoned statement that explains the criteria and standards considered
relevant, states the relevant contested facts relied upon, and explains the rationale for the
decision based on the applicable provisions of the comprehensive plan, relevant ordinance and
statutory provisions, pertinent constitutional principles and factual information contained in the
record.
(c) It is the intent of the legislature that decisions made pursuant to this chapter should be
founded upon sound reason and practical application of recognized principles of law. In
reviewing such decisions, the courts of the state are directed to consider the proceedings as a
whole and to evaluate the adequacy of procedures and resultant decisions in light of practical
considerations with an emphasis on fundamental fairness and the essentials of reasoned
decision-making. Only those whose challenge to a decision demonstrates actual harm or
violation of fundamental rights, not the mere possibility thereof, shall be entitled to a remedy or
reversal of a decision.
67-6536. TRANSCRIBABLE RECORD. In every case in this chapter where an appeal is
provided for, a transcribable verbatim record of the proceeding shall be made and kept for a
period of not less than six (6) months after a final decision on the matter. The proceeding
envisioned by this statute for which a transcribable verbatim record must be maintained shall
include all public hearings at which testimony or evidence is received or at which an applicant or
affected person addresses the commission or governing board regarding a pending application
or during which the commission or governing board deliberates toward a decision after
compilation of the record. Upon written request and within the time period provided for retention
of the record, any person may have the record transcribed at his expense. The governing board
and commission shall also provide for the keeping of minutes of the proceedings.
Minutes shall be retained indefinitely or as otherwise provided by law.
67-6537. APPLICATION TO GROUND WATER. When considering amending, repealing or
adopting a comprehensive plan, the local governing board shall consider the effect the
proposed amendment, repeal or adoption of the comprehensive plan would have on the quality
of ground water in the area.
67-6538. USE FOR DESIGNED PURPOSE PROTECTED -- WHEN VACANCY OCCURS. (1)
No rights or authority granted pursuant to this chapter shall be construed to empower a city or
county to enact any ordinance or resolution which deprives an owner of the right to use
improvements on private property for their designed purpose based solely on the nonuse of the
improvements for their designed purpose for a period of ten (10) years or less. Where an owner
or his authorized agent permits or allows an approved or unlawful intervening use of the owner's
property, the provisions of this section are not applicable.
(2) If the nonuse continues for a period of one (1) year or longer, the city or county may, by
written request, require that the owner declare his intention with respect to the continued
nonuse of the improvements in writing within twenty-eight (28) days of receipt of the request. If
the owner elects to continue the nonuse, he shall notify the city or county in writing of his
intention and shall post the property with notice of his intent to continue the nonuse of the
improvements. He shall also publish notice of his intent to continue the nonuse in a newspaper
of general circulation in the county where the property is located. If the property owner complies
with the requirements of this subsection, his right to use such improvements in the future for
their designed purpose shall continue, notwithstanding any change in the zoning of the property.
(3) The property owner may voluntarily elect to withdraw the use by filing with the clerk of the
city or the county, as the case may be, an affidavit of withdrawn use. If the property is
redesigned for a different use, the property owner shall be deemed to have abandoned any
grandfather right to the prior use of the property.
(4) For purposes of this section "designed purpose" means the use for which the
improvements were originally intended, designed and approved pursuant to any applicable
planning and zoning ordinances.
(5) The provisions of this section shall not be construed to prohibit a city or a county from
passing or enforcing any other law or ordinance for the protection of the public health, safety
and welfare.
SECTION 5:
COMPREHENSIVE PLAN AMENDMENT PROCESS
EAGLE COMPREHENSIVE PLAN PROCESS
Under Idaho Code 67-6509(d) the Eagle Planning and Zoning Commission can only
recommend changes to the Future Land Use Map once every 6 months resulting in a bi-annual
comprehensive plan amendment cycle based on the Planning and Zoning Commissions last
recommendation (June 27, 2007). Though the Planning and Zoning Commission recommends
once every 6 months, most amendments take upward of a year to receive final approval from
the City Council and to be incorporated into the plan. The City Council's review of amendments
and adoption of resolutions does not follow the once every six (6) months process as
established under Idaho Code for the Planning and Zoning Commission.
Unlike zoning applications, Comprehensive Plans Amendments are legislative actions that do
not require findings of fact and conclusions of law. These decisions are based on larger
community values and desires as expressed in the City's Comprehensive Plan. The primary
staff focus for the review of all comprehensive plan amendments is to provide the Planning and
Zoning Commission and City Council an overview of the existing policies, past land use
decisions, and the potential land use implications from the proposed amendments.
The Local Land Use Planning Act (LLUPA) establishes 12 purposes/concerns that should be
considered when drafting or amending the Comprehensive Plan. It is appropriate that these
areas should be reviewed in the context of the existing comprehensive plan — Will these
amendments change the basic context and values of the community's vision? When applicants
are requesting a change in land use it is appropriate to look beyond the parcel in question to
`40•%` determine if a larger change is beginning to surface. Further, new and/or more detailed
analysis may be necessary when placing previously unplanned areas into the City's
Comprehensive Plan:
Idaho Code Section 67-6502 and 2007 Eagle Comprehensive Plan Chapter 1:
(a) To protect property rights while making accommodations for other necessary types of
development such as low-cost housing and mobile home parks.
(b) To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
(c) To ensure that the economy of the state and localities is protected.
(d) To ensure that the important environmental features of the state and localities are protected.
(e) To encourage the protection of prime agricultural, forestry, and mining lands for production
of food, fiber, and minerals.
(f To encourage urban and urban -type development within incorporated cities.
(g) To avoid undue concentration of population and overcrowding of land.
(h) To ensure that the development on land is commensurate with the physical characteristics
of the land.
(i) To protect life and property in areas subject to natural hazards and disasters.
(j) To protect fish, wildlife, and recreation resources.
(k) To avoid undue water and air pollution.
(1) To allow local school districts to participate in the community planning and development
process so as to address public school needs and impacts on an ongoing basis.
' Further Idaho Code 67-6508 establishes the planning duties of the City of Eagle:
a) Property Rights (Chapter 2)
b) Population (Chapter 3)
c) School Facilities & Transportation (Chapter 4)
d) Economic Development (Chapter 5)
e) Land Uses (Chapter 6)
f) Natural Resources (Chapter 7)
g) Hazardous Areas (Chapter 7)
h) Public Services, facilities & utilities (Chapter 4)
i) Transportation (Chapter 8)
j) Recreation (Chapter 9)
k) Special Areas and Sites (Chapter 11)
I) Housing (Chapter 10)
m) Community Design (Chapter 12)
n) Implementation (Chapter 13)
The Eagle Comprehensive Plan is divided into sections that generally correspond to the
requirements of the Local Planning Act and show above in brackets. It is the combination of the
land use map with the associated policies that create the City's policy framework for land use
and development. Since these policies have not been reviewed and/or amended to ensure
suitability with proposed amendments it is important that changes, deletions or additions to both
map and text be provided along with any proposed future land use map amendments to ensure
that the new and old parts of the Comprehensive Plan are focused on the same shared future.
Eagle Comprehensive Plan Chapter 13: Plan Amendments: The applicant is required under
the Eagle Comprehensive Plan to address the following questions:
1. A specific description of the change being requested (including any changes required to
the existing text that may result in conflicts to a proposed map amendment).
2. Specific information on any property involved (including owners names, addresses,
surrounding land uses, public facilities providers).
3. A description of the condition or situation which warrants a change being made in the Plan.
4. A description of the public benefit(s) that would occur from such a change in the Plan and
an explanation of why the public would need any such benefit(s).
5. An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan.
6. A proposed development plan for any land involved if a specific development is planned at
the time the request for the amendment is being made.
7. An analysis showing the estimated impact on infrastructure expected to occur by any
proposed change.
8. Any other data and information required by the City for their evaluation of the request.
Per Number 8 above staff has recognized that the following specific data and information
to be completed:
Transportation Analysis
1. Do the proposed streets meet the classifications and alignments of the most current Eagle
Comprehensive Plan and Ada County Long Range Highway and Streets Map produced by
Ada County Highway District and Compass?
2. Provide a Traffic Impact Study (to be reviewed by the City, ACHD, COMPASS, and ITD) to
determine the need for modifications to the existing and planned transportation system as a
result of the proposed land uses. The following issues, but not limited too, shall be
addresses:
• Required amendment to the Long Range Transportation Plan
• The current transportation system and operational characteristics in the site vicinity,
• The interface between the on-site circulation system and the adjacent circulation
system,
• The intensity and character of the development,
• Trip generation,
• Distribution and assignment estimates, and
• Impacts of the development on the existing and planned transportation systems.
Economic Analysis (for Master Planned Communities proposing a Village Center, Mixed -
Use, Commercial, Professional Office, Business Park, or Industrial)
1. Submit an Economic Study which documents the economic impact of the proposed non-
residential uses on the existing City of Eagle Comprehensive Plan planned land uses.
2. Provide a public involvement plan that provides a means for involvement with the Eagle
Chamber of Commerce Economic Development Committee and the neighboring property
owners.
Habitat Analysis
1. Submit a baseline vegetation and wildlife study to be reviewed by the City of Eagle in
consultation with Idaho Fish and Game. The Idaho Department of Fish and Game has an
outline to follow for preparation of the study.
Water and Sewer Analysis
1. Provide Water and Sewer Master Plan Master Plan that determines the water and sewer
sources and the water and sewer needs for the entire site.
CITY OF EAGLE
COMPREHENSIVE PLAN AMENDMENT PROCESS — SPRING 2008
The Eagle Planning & Zoning Commission's last recommendation concerning the Future Land
Use map was on June 27, 2007, (Spring 2007 process). Idaho Code 67-6509(d) limits the
Commissions recommendations to once every six (6) months with the next window for
amendments opening on December 27, 2007. In December 2007, no new amendments
applications were received.
Though the City did not receive amendments in December of 2007, several land owners in early
2008 have begun to express a desire to submit applications to amend the Future Land Use Map
per the allowances in Idaho Code. Due to the complexity of these amendments and the number
of applications that the City has received in the recent years staff requests the Council's
consideration of a yearly amendment process with the following timeline.
April 1
Deadline for all submittals
April 17
Agency Transmittal Meeting - Allows all effected agencies to come together to discuss
potential impacts and the need for additional information. Additional information may
include: Traffic Impact Study, Economic Feasibility Study, Wildlife Mitigation Plan,
May 1
Deadline for agency requests for additional information for specific applications —
Applications with requests for additional information will be provided a deadline for that
submittal.
OR
If no requests are received Public Hearing Notification Per ECC and Idaho Code for
June 9th meeting
June 2
Staff Reports Available for June 9th meeting (Minimum of I week prior to the hearing
for all other applications)
June 9
Planning and Zoning Commission Hearing Process - 1St Planning and Zoning
Commission Meeting in June- Begin taking testimony on individual applications.
Hearings will continue on through the month of June. The intent is to phase the
amendments before the planning and zoning commission allowing the hearings to be
opened and closed and hold the final recommendation on each application until the end
to be made all at once.
Once the Planning and Zoning Commission makes a recommendation the City Council can
begin scheduling items for public hearings at their discretion (one at a time or as a group).
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Current Plannin
Current Planning Supe
Long Range Planning
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Planner II 1 ! Planner II
Planner 1I1
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City of Eagle Planning Department
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Zoning Administrator
1
Special Projects
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1
Code Enforcement (1)
Design Review Planner II
Transportation Planner II
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City Forester (1)
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Administrative Support
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Administrative Clerk I
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Administrative Clerk II
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Eagle Planning & Zoning
Public Hearing Flow Chart
Annexations, Rezones, Conditional Use Permits, Preliminary Plats, Preliminary Planned Unit
Developments, Preliminary Development Plans, Development Agreements, Variances, Vacations, Zoning
Ordinance Amendments
Timeline
Dependent on applicant
Aprox. 5-8 weeks from submittal
Aprox. 3 - 7 weeks from P&Z adoption of findings
Pre -Application
Meeting
(Required prior to
conducting a
Neighborhood Meeting)
Application Submittal
(Must schedule an appointment with the Planner that
conducted the pre -application meeting. See
submittal calendar)
Transmit to
affected agencies
Provide Public
Notice of P&Z
Hearing
P&Z Commission Public Hearing -
Recommending Body to Council
4 4
Approved
with
Conditions Denial Table
List of Requires (Requires
requirements reasons and Commission
Approved to be remedies to state a
completed or for the specific date
bonded before
plat signing & denial to re -discuss
Ordinance
adoption
N •
i 4
Findings of Fact &
Conclusions of Law
(Prepared by City Staff 2-4 weeks
after decision)
Provide Public Notice'
For Council
i
Approved
City Council Public Hearing -
(Min 15 -day from 2nd notice)
Approved
with
Conditions
List of
requirements
to be
completed or
bondedbefore
plat signing &
Ordinance
adoption
Denial Table
Requires Requires
reasons and Council to
remedies state a
for the specific date
denial to re -discuss
Findings of Fact &
Conclusions of Law
If ,a Development agreemenl is
included final agreement will be
approved (Prepared by City
Staff 2-4 weeks after decision)
Design Review Process Begins
Preliminary Plats, Planned Unit
Developments, and Rezones for Multi-
family and Non -Residential Uses
(See DR Flow Chart)
Remand to
Staff
Requires
new
notification
before next
hearing
Remand to
Staff
Requires
new
notification
before next
hearing
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Timeline
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Aprox. 7 weeks from Submittal
Aprox. 2 weeks from DR Adoption of Findings
Approved
Approved
Eagle Planning & Zoning
Design Review Flow Chart
Pre -Application Meeting
(Required prior to conducting a
Neighborhood Meeting)
Application Submittal
(Must schedule an appointment with the
Planner that conducted the pre -
application meeting. See submittal
calendar)
Transmit to
affected agencies 1
Design Review Board Hearing -
Recomending body to council
Approved
with
Conditions
List of
requirements
to be
completed
prior to city
issuing a
zoning
certificate
Denial
Requires
reasons and
remedies for
the denial
Table
Requires
Board to
state a
specific date
to re-
discuss
Findings of Fact &
Conclusions of Law
(Prepared by City Staff aprox. 2 weeks
after decision)
Tlf
City Council Action -
not a public hearing
(most DR apps are placed on Consent Agenda - DR
for a height exceptions will be reviewed with the CU fc
application as a hearing item)
i
Approved
with
Conditions
List of
requirements
to be
completed
prior to city
issuing a
zoning
certificate
Denial
Requires
reasons and
remedies for
the denial
Council Action Letter Sent by Staff
Zoning
Certificate -
Issued Prior to
submitting for
a Bldg permit
once all
conditions are
met
4,
See Final Plat
process for Final
plat, Final PUD's
and Condo Plats
Table
Requires
Council to
state a
specific date
to re-
discuss
Remand to
Staff
Requires
new
notification
before next
hearing
4
Remand to
Staff or DR
Board
Requires
new
notification
before next
hearing
Timeline
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Dependent on Applicant
Eagle Planning & Zoning
Final Plats, Final Plannedunit Developments, Condominium Plats, Lot Splits
Application Submittal
(Must schedule an
appointment with the Planner
that conducted the pre -
application meeting. )
City Engineer Review
Approved
J
—► Planning Staff Review -
- Reviewed for compliance with
DR and Pre- plat Conditions
City Council Review -
Not a Hearing Placed as New Business
Approved
with
Conditions
List of
requirements
to be
completed or
bonded
before plat
signing
Denial
Requires
reasons and
remedies for
the denial
4
4,
Table
Requires
Commission
to state a
specific date
to re-
discuss
l
Council Action Letter Sent by Staff
4.
Final Plat Signing
r1 Review
Plat
Signing by
City Clerk
once all
conditions
are met
Remand to
Staff
With
direction of
changes to
be made