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 Repeal of Chapter 18.28 Chapter 18.28, "Administration' is repealed in its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
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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.
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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
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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.
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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
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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.
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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
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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,
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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
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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.
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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.
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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:
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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
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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
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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
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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
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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
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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
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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:
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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.
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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
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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.
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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.
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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
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