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HomeMy WebLinkAbout0832 18.28 AdministrationCITY OF CHUBBUCK, IDAHO ORDINANCE NO. g3Z AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 18.28, "ADMINISTRATION', ADOPTING NEW CHAPTER 18.28, "ADMINISTRATION"; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Repeal of Chapter 18.28 Chapter 18.28, "Administration' is repealed in its entirety. Section 2. Adoption of New Chapter 18.28. The following Chapter 18.28, "Administration" is hereby adopted: 18.28 ADMINISTRATION Section: 18.28.010: SCOPE; SUMMARY TABLE OF PROCEDURES 18.28.020: CONDITIONAL USE PERMITS (CUP) PROCEDURES 18.28.030: VARIANCES 18.28.040: COMPREHENSIVE LAN AMENDMENT 18.28.050: TITLE TEXT AND MAP AMENDMENTS & INITIAL ZONING DISTRICT DESIGNATION 18.28.060: ANNEXATIONS 18.28.070: APPEAL OF ADMINISTRATIVE DECISION 18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION 18.28.090: REQUESTS FOR RECONSIDERATION 18.28.10: SCOPE; SUMMARY TABLE OF PROCEDURES A. Scope: The administrative procedures set forth in this chapter apply, except as otherwise indicated, to recommendations and decisions made by the Land Use and Development Commission (LDDC) and the City Council (Council) on applications or petitions ORDINANCE -Page 1 _ chubbuck 051921 Ordinance 18.28.wpd issuance of conditional use permits, granting of variances, revisions of use districts, and any other amendment of this title or of the city's comprehensive plan, and administrative decisions by the Public Works Director (PWD), or their authorized designee, and appeals and reconsiderations of decisions. This chapter is not intended to supersede other portions of code located in other chapters when specific processes are addressed such as the Creative Community zoning designation process or Planned Unit Development designation process but there may be occasions where processes and decisions found in this chapter are used to guide processes in other portions of city code. B. Summary Table of Procedures: D= Final Decision; R= Recommendation; A= Appeal (only if filed); (PH)= Public Hearing; (PM)= Public Meeting (no public hearing); PWD= Public Works Director (or their designee); LDDC= Land Use & Development Commission; CC= City Council Procedure Code Cross- Reference Description PWD LDDC CC Conditional Use Permit 18.28.020 Generali D (PH) A (PM)l 18.28.020.D. Modifications DPH) A {PM Variance 18.28.030 Generali D (PH) A (PM)' 18.28.030.B.12. Administrative D A PM)' A PM)' Comprehensive Plan Amendment (Map or Text) 18.28.040 R (PH)' D (PM) Title Amendment (Map or Text) & Initial Zoning Designation 18.28.050 R (pFly- D (PM) Annexation 18.28.060 D (PM)' Re nests for Reconsideration 18.28.090 D (PM) Notes: 1. If LUDO recommends a material change to the proposal or if the applicant makes a material change to the proposal other than which was initially presented at the hearing, LDDC shall give notice of its proposed recommendation and conduct another public hearing concerning the matter prior to making a recommendation to the City Council. The applicant shall be responsible for the cost of notice mailings and publications if the applicant makes a material change to the proposal. ORDINANCE - Page 2. chubbuck 051921 Ordinance 1828.wpd 2. Appeals will only occur if filed in accordance with sections 18.28.070 and 18.28.080. 3. Category A only. Category B and C annexations will be processed as required by Idaho Code 50-222. A. Public Hearing Notice Requirements: Procedure Post on Surrounding Agency/Political Publication in Posted on Notice Site' Property Owner Sub./Utility Official City's Website to Mailing' Notice' Newspaper' and on Notice Media Bulletin` as PSA' Conditional Use Permit- General: Yes Yes Yes Yes Yes No Conditional Use Permit- Major Modification Conditional Use Permit- Minor Modification Yes Yes No No No No Variance- General Yes Yes Yes No No No Variance- Administrative No No No No No No Comprehensive Plan Yes Yes Yes Yes Yes Yes Amendment- Ma Comprehensive Plan NIA NIA Yes Yes Yes Yes Amendment- Text Title Amendment- Ma Yes Yes Yes Yes Yes I No Title Amendment- "text NIA N/A Yes Yes Yes No Annexation (Does not include initial zoning designation) Follow requirements established in Idaho Code 50-222 depending on category of annexation Initial Zoning Designation Yes Yes Yes Yes Yes No Requests for Reconsideration No No No No No No Notes 1. Post Notice on Site: At least fifteen (15) days before the hearing, signs shall be placed in at least one (1) location on the subject property, and at a location near the property visible from a public roadway if the property does not have public road frontage, at a location deemed most visible to the public by the Public Works Director. To increase visibility, the Public Works Director may post more than one (1) sign per project. 2. Surrounding Property Owner Mailing: At least fifteen (15) days before the hearing, notice of the time and place of the hearing, and a summary of the proposal shall be mailed to property owners of record per the Bannock County Assessor. Except for ORDINANCE - Page 3. chubbuck 051921 Ordinance 1828.wpd variances, all notices required to be sent to surrounding property owners shall be at a radius of at least 300' from the external boundaries of all contiguous lands owned or controlled by the applicant or applicants of the subject property for which the permit is sought and include any additional land which the Public Works Director deems may be substantially impacted. Notices for variances shall be required to be sent only to adjoining landowners; for purposes of this section, "adjoining" shall also mean property owners across the street. When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at Ieast four inches (4") by two (2) columns in size in the official newspaper of the city at Ieast fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site. 3. Agency, Political Subdivision, and Utility Notice: Except for variances, at least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent via mail, or via a method otherwise requested by the entity, to the following agencies: Bannock County Assessor, Bannock County Commissioners, Bannock County Road and Bridge, Pocatello-Chubbuck Auditorium District, Portneuf District Library, Pocatello-Chubbuck School District #25, Pocatello Airport, Fort Hall Irrigation Project, Idaho Fish and Game, Idaho Transportation Department, United States Postal Office, Idaho Public Health District #6, Bannock Transportation Planning Organization, Idaho Power, Cable One, Century Link, Intennountain Gas, and any other entity deemed appropriate by the Public Works Director. Notice of variance application shall only be required to be sent via mail, or via a method otherwise requested by the entity, to the manager of the Pocatello Airport when the variance, if granted, could create an aviation hazard as defined in Idaho Code section 21-501. 4. Publication in Official Newspaper: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be published in the newspaper named in city code chapter 2.24. ORDINANCE - Page 4. chubbuck 051921 Ordinance 18.28.wpd 5. Posted on City's Website and on Notice Bulletin: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be posted on the City's webpage and on the City's public notice bulletin board in City Hall. 6. Notice as a PSA: At least fifteen (15) days before the hearing, notice of the time and place, and a summary of the proposal shall be sent to other papers, radio, and television stations serving the city for use as a public service announcement (PSA). 18.28.020: CONDITIONAL USE PERMITS (CUP) PROCEDURES A. Applicability. Conditional or special use permits (CUPs) are those which are not allowed outright within a zone but nay be allowed only if certain conditions of approval are satisfied. The purpose of this section is to prescribe the procedure for the accommodation of uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings. This procedure shall apply to all proposals for which a CUP is required by city code. B. Design Review Committee Review to Occur Prior to Making Application: Prior to making application for a CUP, where a design review approval is required by Chapter 18.16 or elsewhere in City Code, the applicant shall first obtain a design review clearance of the project such that the Committee may review and relay technical details of the project as they relate to this or other titles of City code. A design review approval does not constitute approval of the use and LDDC may attach more stringent requirements upon a CUP than the Design Review Committee. C. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a CUP. A CUP is issued to authorize development or use of the property for the use specified in the permit and subject to any conditions imposed upon the use. The PWD may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2) along with the application. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by ORDINANCE - Page 5. chubbuck 051921 Ordinance 18 28.wpd the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. In the event that an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application in order to make findings and a recommendation to LUDO, the PWD may cause the application to be heard no later than I regularly scheduled meeting after the originally anticipated meeting. 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the standards of approval in Section 18.28.020.0.5. 5. Standards for Approving a CUP: A CUP may only be approved if LUDC makes affirmative findings of fact on each of the following standards: a.The proposed use is conditionally permitted in the subject zoning district and complies with all of the applicable provisions of city code unless modified through the conditional use permit process. b. The proposed use is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive PIan. c. The proposed use is compatible with other existing and permitted uses in the general vicinity. d. The proposed use is harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses. e.The proposed use would not place an undue burden on transportation, police, fire and EMS protection, water/sewer, schools, and other public facilities or agencies, in the vicinity. ORDINANCE - Page 6. chubbuck 051921 Ordinance 18.28.wpd f. The proposed use, if it complies with all conditions imposed, will not adversely affect other properties or the environment in the vicinity to a materially greater extent than would uses permitted outright by this Code. 6. Conditions of Approval: It is not the intent of this section to restrict or specify the design proposed or to specify the exterior detail or design, color, or materials of a project, except when such detail is of a magnitude affecting the general appearance and compatibility of the development with its surroundings. To make affirmative findings relating to the standards established in section 18.28.020.C.5, LUDC may condition approval of the permit on compliance, including but not limited to, the following: a. Conformity to approved plans and specifications. b. Provision of open spaces, pathways, buffer strips, walls, fences, landscaping, and lighting. c. Minimizing adverse impact on other development. d. Controlling the sequence and timing of development. e.Assuring that development is maintained properly. f Designating the provision of on-site or off-site public facilities or services. g. Requiring more restrictive standards than those generally required by the Code; and h. Requiring the mitigation of effects of the proposed development upon service delivery to the property by any political subdivision, including school districts. 7. Requiring Special Studies: Prior to making a decision or as a condition of approval, the LUDC may require the submission of special studies related to the social, economic, fiscal, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2). 8. Variance or Waiver to Development Standards Included in Permit: Pursuant to Idaho Code section 67-6512(f), LUDC may approve, in accordance with notice and approval criteria in Section 18.28.030, a change from required standards located in this Title. The application must specify the changes being requested ORDINANCE - Page 7. chubbuck 051921 Ordinance 18.28.wpd and address the approval criteria via narrative. When an application contains both requests, only the fee for a conditional use permit shall apply. 9. Effective Date: The decision of LUDO shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is signed and approved by the Chair. 10. Application Resubmittal: No application for a conditional use permit that has been denied by LUDC or Council shall be resubmitted in either the same or substantially same forrn less than one (1) year from the date of the final action, unless specifically authorized by the granting body during the final action decision. 11. Regulatory Taking: Denial of a CUP or approval of the same with conditions unacceptable to the landowner may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with requirements established thereby. D. Modifications to Approved CUPS: Modifications or amendments to approved CUPs may be approved by LUDC only after following the application submission, fee payment, public notice, and public hearing requirements and procedures established by Chapter. If upon review the change is deemed technically substantive enough by the PWD such that it could impact the delivery of services or infrastructure by the City, the PWD may require that the modifications be reviewed and approved by the Design Review Committee prior to being scheduled with LUDC. Upon review by LUDO, requirements and standards of sections 18.28.020.C. 5-11 shall be considered, and affirmative findings be made for each standard. E. Regulatory Takings Analysis: Denial of a CUP or modification request or approval of the same with conditions unacceptable to the landowner or applicant may be subject to a regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. F. Term of Approval: Unless a longer time shall be specifically established as a condition or allowance of approval, a conditional use permit shall lapse and become automatically void one (1) calendar year following the date on which such permit became effective, ORDINANCE - Page 8. chubbuck 051921 Ordinance 18.28.wpd unless prior to expiration, the use has commenced, and all conditions of the permit are satisfied. G. Extension: A CUP subject to lapse may be renewed by the PWD one (1) time for up to additional two (2) years provided that prior to the expiration date, a written petition is filed at least thirty (30) days prior to lapse with the PWD and that the same finds that none of the following circumstances exist; in the event that the PWD finds that any of the following exist, the extension request shall be denied and the applicant may appeal through the usual appeals process or may apply for a new conditional use permit: 1. There have been significant amendments to the Comprehensive Plan or Land Use ordinance which will affect the CUP authorization. 2. There have been significant land use changes in the vicinity which would adversely impact the project, or which would be adversely impacted by the project. 3. There are hazardous situations which have developed or have been discovered in the area. H. Approval is Non -Transferrable and Runs with the Land: A CUP is non -transferable from one (1) parcel of land to another and shall run with the land and continue to be valid upon a change of ownership of the site or structure, providing however, that the new owner complies with the terms of the permit. 1. Revocation of Permits: CUPs may be revoked by the PWD at any time if it is determined that any condition of the CUP or any other city code is being violated. Prior to revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to revocation, the applicant shall be afforded an opportunity for a hearing before LDDC; said hearing must be requested within ten (10) calendar days of the date of notification of noncompliance/intent to revoke the conditional use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved CUP and may constitute a violation of this Title. 18.28.030: VARIANCES ORDINANCE - Page 9. chubbuck 051921 Ordinance 18.28.wpd A. Applicability: A variance shall not be considered a right or special privilege but may be granted upon a determination by LUDC that the approval criteria are satisfied. A variance pursuant to this Chapter shall not apply to variances as described in Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements, or other deviations allowed in other sections of code. For purposes of this chapter, a variance is defined as the modification of the bulk and placement requirements of the Land Use Ordinance as to one (1) or more of the following items only: 1. Minimum lot area (square feet). 2. Minimum lot width and depth. 3. Minimum lot frontage. 4. Minimum front yard setback. 5. Minimum rear yard setback. 6. Minimum side yard setback. 7. Maximum building or structure height. 8. Any other land use ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots. B. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a variance. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LUDO, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. ORDINANCE - Page 10. chubbuck 051921 Ordinance 18.28.wpd 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 4. Public Hearing: A public bearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.030.B.5. 5. Standards for Approving a Variance; written final decision required: A variance may be only approved if LUDO snakes affirmative written findings of fact on each of the following standards: a.The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c.Granting of the variance is due to an undue hardship as related to the characteristics of the land, and the applicant has shown that absent a variance, they would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. d. Granting of the variance is the result of an undue hardship caused by the characteristics of the site and the creation of the hardship did not result from actions of the applicant, or the current, or a prior landowner, or any of their agents. In no event shall any variance be granted merely because compliance would diminish the financial return from use of the land in question or because it would reduce the market value of lands or because compliance with code would be financially costly. e.Granting of the variance does not demonstrably adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. 6. Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances. ORDINANCE - Page 11. chubbuck 051921 Ordinance 18.28.«vpd 7. Effective Date: The decision of LDDC shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is approved by the Chair. 8. Application Resubmittal: No application for a variance that has been denied by LDDC shall be resubmitted in either the same or substantially same form less than one (1) year from the date of the final action, unless specifically authorized by LDDC, or the Council upon hearing an appeal. 9. Regulatory Tapings Analysis: Denial of a variance or approval of the same with conditions not acceptable to the landowner may be subject to a regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 10. Variance Expiration: Authorization for an approved variance shall be valid for a period of one (1) year from the date of approval. The applicant must initiate implementation of the approved variance through construction within one (1) year from the date of approval. The approval shall become null and void in the event that implementation of the variance and all conditions are not initiated within said one (1) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved, unless the permit is otherwise extended under the terms of this Chapter. 11. Time Extension. An applicant who has been granted a variance may request a time extension that does not exceed an additional six (6) month period. A request for a time extension must be submitted in writing to the PWD at least thirty (30) days prior to the expiration of the approved variance permit. The PWD may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A denial of a time extension by the Director may be appealed to LUDO in accordance with section 18.28.070. 12. Administrative Variance: The PWD may approve the modification of a setback, building height, lot coverage, or building footprint size requirements of this Title by up to ten percent (10%), in writing, subject to the following requirements: ORDINANCE - Page 12. chubbuck 051921 Ordinance 18.28.wpd a.The applicant must provide written consent from all adjoining property owners of record, signified by the owner's signature on a form provided by the PWD; for purposes of this chapter, if one property owner of a property listed with multiple property owners provides written consent, this requirement shall be deemed satisfied for that property. 1. The consent form shall clearly describe the nature of the proposed variance request and state that the property owner, by signing the form, is consenting to the variance request. a. If any of the adjoining owners fail to sign the form, then the administrative variance cannot be processed by the PWD. b. If the applicant fails to obtain all of the required signatures, they may at their own discretion, submit a variance application pursuant to this section/ b. The application meets the standards for approving a variance set forth in section 18.28.030.B.5. 18.28.040: Comprehensive Plan Amendment A. Purpose: The purpose of this section is to establish procedures for amendments to the text and map components of the adopted Comprehensive Plan (Plan) of the City of Chubbuck. B. Applicability: The provisions of this section shall apply to any Plan amendment application. C. Hearing Requirements and Procedures: 1. Initiation of an Amendment: a.Amendment Initiated by the City: The Council, LDDC, Mayor, or PWD may propose to amend the Plan. b. Amendment Initiated by a Property Owner: A property owner or duly authorized representative wishing to modify the Plan first shall complete a pre -application conference with the PWD prior to the submittal of a Plan amendment application, the purpose of which for the potential applicant to discuss their proposal with staff to identify any readily ORDINANCE Page 13. Chubbuck 051921 Ordinance 18.28.wpd apparent issues with the proposal and to discuss rationale for the proposal. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and in the format prescribed by the PWD and all fees as established by resolution of the Council shall be submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LDDC, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting after the originally anticipated meeting. 3. Amendments Require At Least One (1) Public Hearing: Prior to recommending the adoption, amendment, or repeal of the Plan to the Council, LUDO shall conduct at least one (1) public hearing in accordance with the resolution of the City Council and with notice provided in accordance with section 18.28.10.0. LUDC shall review the criteria found in 18.28.040.1) and issue provide a recommendation to the Council as whether the proposal satisfies or does not satisfy each criteria. D. Recommendation to Council and Required Findings: Upon recommendation from LDDC, the Council shall review the recommendation and the record at a public meeting; at their discretion, the Council may call for a public hearing to be held and the applicant shall be responsible to all costs of providing notice. The Council may approve a Plan amendment after considering following criteria; affirmative findings on each of the following are not required to approve an amendment: 1. The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community's best interest. 2. The proposed change is needed to recognize substantial changes in the actual conditions of the area or City that have occurred since the Comprehensive Plan ORDINANCE -Page 14. chubbuck 051921 Ordinance 18.28.wpd was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the Plan. 3. The proposed change will comply with the community's goals, objectives, and policies within the Comprehensive Plan, including its maps; and 4. The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision. E. Material Change from LDDC Recommendation Requires Public Hearing: If the Council determines it best to make a material change from the recommendation of LDDC, further notice and public hearing shall be provided in accordance with section 18.28.10.0 before the Council adopts, amends, or repeals the Plan. F. Approval by Resolution: A Plan amendment shall become effective when enacted by resolution by the Council. 18.28.050: Title Text and Map Amendments & Initial Zoning District Designation A. Applicability: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map, or other portions of city code deemed by the City Attorney to fall under the regulatory purview of the Local Land Use Planning Act of the State of Idaho, Chapter 65, Title 67. B. General Requirements and Procedures 1. Initiation of an Amendment a.Amendment Initiated by the City: The Council, LUDO, Mayor, or PWD, may initiate a request to amend the text of this title or to amend the zoning district map. b. Amendment Initiated by a Property Owner: An owner of private property within the City of Chubbuck or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to the PWD. 2. Deadline for Complete Applications is 28 Days before Hearing: Complete applications containing the required information and, in the format prescribed by the PWD and all fees as established by resolution of the Council shall be ORDINANCE - Page 15. chubbuck 051921 Ordinance 18.28.wpd submitted to the PWD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the PWD may remove the item from the desired meeting's agenda. If upon review the PWD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application in order to make findings and a recommendation to LUDO, the PWD may cause the application to be heard no later than 1 regularly scheduled meeting atter the originally anticipated meeting. 3. City May Require Conceptual Development Plan: When not accompanied by a plat or other use permit, the PWD, LUDO, or Council may require a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, general locations of buildings, land uses and parking, pedestrian walkways, and private/public open space. 4. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.10.C. 5. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDO shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.050.B.8. 6. Recommendation: After considering the petition, facts, testimony, and the review criteria found in section 18.28.050.B.8, LUDC shall make a recommendation to the Council on whether to approve without or with conditions, deny, or modify an amendment request. Following the LUDC hearing, if LUDC recommends a material change to the proposed amendment which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. 7. Council Review of Recommendation: Following receipt of LUDC's recommendation, the Council shall hold a meeting to consider the request and the recommendation of the Commission and shall render a decision. Since a public hearing was held on the application by the Commission, a public hearing with ORDINANCE - Page 16. chubbuck 051921 Ordinance 18.28.wpd Council shall not be required however, affected persons may petition the Council in writing to hold a public hearing. The decision as to whether or not to hold a hearing shall be at the discretion of the Mayor after discussing the petition with the City's legal counsel, the Council President, and the PWD. In those instances where a hearing is held, notice shall be given pursuant to requirements of Idaho Code section 67-6511 and the applicant shall be responsible for the costs associated with additional notices. As a requirement for consideration and action, any written petition by an affected person for a hearing shall be submitted to the PWD not less than seven {7} calendar days prior to the Council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration. Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioner's concerns with the application as they specifically pertain to the review criteria as found in subsection 8 of this section and describing how the proposal affects their interests. 8. Standards for Approving a Title Text or Map Amendment: A title amendment may be only recommended for approval by LUDO, and approved by the Council, if affirmative written findings of fact are made on each of the following standards; concurring findings between the two bodies are not necessary in order for the Council to approve, approve with conditions, or deny an application: a. Map Amendment: 1. The proposed map amendment would be in the community's best interest.; 2. The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses. 3. The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district. 4. The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and ORDINANCE - Page 17. chubbuck 051921 Ordinance 18.28.wpd other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district; and 5. The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests. a. Text Amendment: 1. The proposed text amendment would be in the community's best interest. 2. The proposed text amendment is consistent with the existing provisions of the zoning ordinance; and 3. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become effective when the Council adopts an ordinance amending the Title and upon summary publication. D. Rezoning of Land within Four Years: If the Council adopts a zoning district change pursuant to a request by a property owner, the Council 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 of adoption of said change, per Idaho Code section 67-6511(d). E. Regulatory Takings Analysis: An amendment of the zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. F. Zoning Development Agreements (ZDA): 1. Purpose: A zoning development agreement (ZDA) is a discretionary tool to be used by LDDC and the Council pursuant to Idaho Code section 67-651 IA. ZDAs ORDINANCE - Page 18. chubbuck 051921 Ordinance 1828.wpd allow a change in a zoning for a specific project, with a specific use, to be developed in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of a ZDA, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone. 2. ZDA Designation: Lands approved for a change in zoning with a ZDA shall be designated by a "(ZDA)" (zoning development agreement) on the map following the official zoning designation (e.g., R-I(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute "spot zoning" nor shall be it presumptive proof that the zoning of other property adjacent to or in the vicinity of the ZDA property should be zoned the same. 3. When Permitted or Required: A ZDA may be permitted or required at the discretion of LUDC or Council when considering a request for a rezone. An agreement, when permitted or required, shall be initiated through one of the following methods: a. On request by the landowner or duly authorized representative. b. On recommendation of the PWD; and c. As recommended by LUDC and/or required by Council. 1. LUDC or Council may require that a ZDA be executed prior to allowing a particular project to proceed. A ZDA may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed using an agreement. 4. Creation and Form: If a ZDA is deemed necessary by LUDO or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed and approved for form by the City Attorney prior to final Council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to Council for its approval, and then recorded with the County Clerk with a copy of the instrument provided to the City. Minimum provisions in ZDA's shall be: ORDINANCE - Page 19. chubbuck 051921 Ordinance 18.28.wpd a. Legal description of the subject property. b. An affidavit by the owner of the property agreeing to the submission of the use and property for an agreement. c. A concept plan for the property including, but not limited to preliminary site plans, elevation plans, density, and other pertinent exhibits. d. Construction schedule, including projected occupancy date. e. Provisions for any reservation or dedication of land. f. The duration of the agreement; and g. A provision that the owner acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement or, in the case of the pre- existing zone being an initial zone at annexation, a zone deemed appropriate by the Commission and Council. h. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land. i. Any other matter required by the Council. 18.28.060: ANNEXATIONS A. Applicability: This section implements the expressed policy of the State of Idaho that cities of the State should be able to annex lands which are reasonably necessary to assure the orderly development of Idaho's cities to allow efficient and economically viable provision of tax -supported and fee -supported municipal services, to enable the orderly development of private lands which benefit from the cost-effective availability of municipal services in urbanizing areas, and to equitably allocate the costs of public services in management of development on the urban fringe. The corporate boundary of the City may be expanded whenever the Council deems it to be for public convenience or necessity or for the general welfare. This section shall apply to all lands which can annex by State law in accordance with its procedures. ORDINANCE - Page 20. chubbuck 051921 Ordinance 18.28.wpd B. Prior Consent: For purposes of this section, prior consent to annex shall be deemed given when evidenced by written authorization or approval executed by the owner or owner's authorized agent. Consent shall be implied for the area of all lands connected to water or wastewater systems operated by the City if the connection was requested in writing by the owner, or the owner's authorized agent, or completed before July 1, 2008 and for lands subject to a written consent to annex recorded in the County Recorder's office. Written consent to annex, if recorded in the County Recorder's office, shall be binding upon subsequent purchasers, heirs, or assigns of lands in the consent. Lands need not be contiguous or adjacent to the city limits at the time the landowner consents to annexation for the property to be subject to a valid consent to annex; provided however, no annexation of lands shall occur, irrespective of consent, until such land becomes contiguous or adjacent to the city limits. C. Approval by Ordinance: Annexations shall become effective when the Council adopts an ordinance and upon summary publication. D. Annexation or Written Consent to Annex Required before Providing City Facilities and Services: Prior to providing municipal facilities or services, the City will require annexation of those eligible properties and if not eligible, written annexation consents to be recorded with the County Recorder's office and evidence of the instrument provided to the City. E. Application: A request for the annexation of property into the City may be initiated as outlined in Idaho Code title 50, chapter 2. In the case of non -City initiated annexations, an annexation application shall be filed and include all information required by the PWD and fees as required resolution adopted by the Council, along with any other information required by the same chapter of Idaho Code. All annexation applications shall be accompanied by a separate application for an initial zoning designation pursuant to the requirements of section 18.28.050; the Council shall not review an annexation application until it has received an initial zoning designation recommendation from the Commission. F. Annexation Classifications, Notice, and Procedure: In accordance with Idaho Code section 50-222, three (3) annexations classifications have been established based on the size of the area considered for annexation, the property's contiguity to the City, level of ORDINANCE - Page 21. chubbuck 051921 Ordinance 18.28.wpd private landowner consent, and sometimes due to health-related considerations. Annexation of all lands shall follow the applicable notice and procedures required by Idaho Code. G. Standards for Approving Annexations: a. Standards for Approving an Annexation: Annexation may be approved by the City Council if affirmative written findings of fact are made on each of the following standards: 1. The land is contiguous or adjacent to the City boundary. 2. All portions of highways, streets, or roadways lying wholly or partially within an area to be annexed shall be included within the area requested for annexation unless expressly agreed between the City and the County. 3. The annexation meets the requirements for its Annexation Classification under Idaho Code. 4. Annexation of the land is in the best interest of the City. Suggested considerations to evaluate for this criteria include: a. Revenue generated by property taxes will exceed long- term costs associated with maintenance and provision of services and facilities, b. The advantages both to the City and to the area outweigh the disadvantages. c. If previously developed, the area has the opportunity to redeveloped or to develop at higher intensity. d. If expenses required to bring the properties to city standards exceed anticipated property tax income, the residents and/or Council agree to form a local improvement district. e. Annexation is equitable and fair to existing residents; and f. Annexation would address a public health concern. 5. The land can be served currently, or within a reasonable time, by essential urban services. ORDINANCE - Page 22. chubbuck 051921 Ordinance 18.28.wpd 6. A zoning district will be assigned via ordinance at the same time, or immediately following, the annexation approval. 18.28.070: APPEAL OF ADMINISTRATIVE DECISION A. Written appeals of the PWD's decisions as authorized by this Title may be filed by the applicant or any affected person having a bona lade interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the PWD's final decision and contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by LUDC to review the decision of the PWD and to hear testimony of the appellant and applicant (if different from appellant). LUDC shall determine whether to remand, uphold, modify, or overturn the decision of the PWD, including whether to remove or add conditions. A decision of LUDC may be appealed to the Council in accordance with section 18.28.080. 18.28.080: APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION A. Written appeals of LUDC's decisions, not recommendations, may be filed by the applicant or any affected person having a bona fide interest in real property as defined in Idaho Code section 67-6521. The appeal petition must be submitted within ten (10) days of the Chair's approval of the written final decision, contain a description of the grievance as it pertains to the specific standards for approval. The appeal shall be heard within a reasonable time by the Council to review the decision of LUDC and to hear testimony of the appellant and applicant (if different from appellant). The Council shall determine whether to uphold, modify, or overturn the decision of the LUDC, including whether to remove or add conditions. 18.28.090: REQUESTS FOR RECONSIDERATION A. Purpose: The purpose of this section is to minimize the number of court appeals, to prevent new information from being presented, and to resolve disputes in accordance with Idaho Code section 67-6535 which requires that any applicant or affected person seeking judicial review of a final decision must first seek reconsideration. B. Applicability: Requests for reconsideration of Council decisions shall apply to all final decisions rendered by the Council. ORDINANCE - Page 23. chubbuck 051921 Ordinance 18.28.wpd C. Requests Due Fourteen (14) Days from Final Decision: Written requests identifying specific deficiencies in the decision for which reconsideration is sought must be submitted to the City Clerk within fourteen (14) days from the date of the final decision. Written requests are reviews of the record against already presented evidence and no new evidence shall be presented other than that was considered as part of the final decision. D. Procedure: Upon reconsideration, the Council may affirm, reverse, or modify the decision in writing within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless or until the procedures of this section have been followed. The twenty-eight (28) day period for seekintn g judicial review is tolled from the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. ADMINISTRATIVE PROVISIONS Section 1. Repeal. -of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 34 day of, 2021. Kevin B. England, MAYOR ATTEST: J ers, CITY CLERK ORDINANCE - Page 24. chubbuck 051921 Ordinance 18.28.wpd