Chapter 1 General Regulations

An affected person aggrieved by a decision of the Board may within twenty-eight (28) days after all remedies have been exhausted under local ordinances seek judicial review as provided in Idaho Code §67-6521(d).

All departments, officials, and public employees of the county vested with the duty or authority to issue permits, shall conform to the conditions of this Ordinance, and shall issue no permit, certificate, or license for the use of land, buildings, or purposes, in conflict with the provisions of this Ordinance and such permit, certificate, or license issued in conflict with the provisions of the Ordinance shall be null and void.

Violations of any provision of this ordinance shall be deemed a misdemeanor as defined by Idaho Code 18-111. A single violation of this ordinance shall be punishable by a fine not to exceed $300 and/or imprisonment for a period not to exceed (180) one hundred eighty days. Each separate instance or day of violation shall constitute a separate offense. Enforcement of the provisions of this ordinance may also be accomplished by undertaking civil action.

In the event any use of land or any construction commences in violation of the provisions of this Ordinance, the proper authorities of the county, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful use of land or construction to restrain, correct or abate such violation or to prevent any illegal act, conduct, construction, business or use of land in or about such premises.

The Board shall establish by resolution a schedule of fees for amendments, appeals, variances, conditional use permits, subdivisions, plan approvals, and other matters pertaining to the administration and enforcement of this Ordinance. The schedule of fees shall be on file in the office of the county clerk and may be altered or amended only by the Board. Until all applicable fees have been paid in full, no action shall be taken on the application or appeal. The Board shall have the authority to waive in whole or part any fee when such a fee would present an unnecessary hardship.

7A-1 Purpose

7A-2 Application Requirements and Fees

7A-3 Neighborhood Meetings

7A-4 Notice to Agencies and Political Subdivisions

7A-5 Notice to Public

7A-6 Decision by the Administrator

7A-7 Decision by the Commission

7A-8 Decision by the Board

7A-1 Purpose:

The purpose of this Article is to provide procedures for all zoning applications covered by this title and petitions to amend the comprehensive plan.

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7A-2 Application Requirements and Fees:

A. Application Requirements: All persons making application for permits and other matters herein referred to shall be required to submit to the Administrator an application on forms provided by the Planning and Zoning Department, all information listed as required on those forms, and an application fee as set forth in subsection E of this section.

B. Pre-application Meeting:

1. The purpose of the pre-application meeting is to review the proposed application(s), to discuss the procedures and requirements of this ordinance, and to review the associated application material.

2. Applicants shall participate in a minimum of one pre-application meeting with the Administrator prior to submission of applications for variances to flood insurance program standards, comprehensive plan amendments, variances, conditional uses, unified development ordinance text amendments, and zoning ordinance map amendments. A pre-application meeting for a subdivision shall follow the procedure as outlined in Chapter 6, Section 10, Subdivision Pre-application Meeting.

3. The Administrator may require additional pre-application meetings and may require pre-application meetings for applications not listed above. It may be necessary for the Boise County engineer, County attorney, surveyor or building official to attend the pre-application meeting(s).

C. Date Of Application Submission: The date of application submission shall be the date the applicant submits to the Planning and Zoning Department the appropriate application form, the appropriate fees, and all information listed as required on the application form and applicable checklist(s).

D. Hearings: A public hearing, if required, shall be held no later than ninety (90) days after the date of application submission, as provided in subSection C of this Section, excluding planned community applications, which shall be held no later than one hundred twenty (120) days after the date of application submission.

E. Fees: The Board shall, by resolution, establish fees for all zoning applications, subdivisions, agreements, reviews, conferences, or petitions authorized by this ordinance, building permits, and comprehensive plan amendment. In accordance with the direction on the applicable application form(s) and associated checklist(s), applicants shall submit any required deposit or fee at time of application submission. Any remaining fee shall be paid prior to final decision.

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A. Applicants shall conduct a neighborhood meeting for comprehensive plan amendments, variances, conditional uses, expansions or extensions of nonconforming uses, and subdivisions.

B. It shall be the sole duty of the applicant to provide written notice to all property owners or purchasers of record owning property within the radius required in subSection 7A-5C of this Article of the exterior boundary of the application property and to all registered neighborhood associations deemed appropriate by the Administrator. The applicant shall also mail notice of the neighborhood meeting to the Boise County Planning and Zoning Department. Notice of a neighborhood meeting shall be in addition to, and not in lieu of, mailed radius notices already required by this ordinance, except when notice of a neighborhood meeting is required of five hundred (500) or more property owners or purchasers of record, alternate forms of notice may be provided in accord with subSection 7A-5D (1-2) of this Article.

C. The purpose of the neighborhood meeting shall be to review the proposed project.

1. The meeting shall be on a weekend between ten o'clock (10:00) A.M. and seven o'clock (7:00) P.M. or on a weekday between six o'clock (6:00) P.M. and eight o'clock (8:00) P.M. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

2. The meeting shall be held at one of the following locations:

a. On the subject property;

b. At the nearest available public meeting place including, but not limited to, fire station, library, school, or community center; or

c. At an office space with suitable meeting facilities if such facilities are within a one mile radius of the nearest public meeting place.

D. The neighborhood meeting shall be conducted prior to submission of the application. The neighborhood meeting shall not be conducted more than six (6) months prior to submission of the application.

E. The application materials shall include a written verification of the neighborhood meeting.

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A. The Administrator shall send a summary of development applications to applicable agencies, as determined by the Administrator. The notice shall be sent at least thirty (30) days prior to the public hearing.

B. The Administrator shall send a summary of petitions for comprehensive plan amendments and applications for development ordinance amendments to applicable agencies and political subdivisions as referenced in Idaho Code Section 67-6509(a). The notice shall be sent at least thirty (30) days prior to the public hearing.

C. Applications within an area of city impact shall be noticed in accord with the regulations of the Area of Impact agreement.

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7A-5 Notice to Public:

A. Legal Notice: At least fifteen (15) days prior to the public hearing, the Administrator shall publish a notice of the time and place and a summary of the application in the official newspaper of the county.

B. Site Notice: At least ten (10) days prior to the public hearing, the Administrator shall post a notice on the property which is the subject of the application, except for development ordinance text amendments or comprehensive plan amendments. The notice shall be posted upon one (1) distinctly visible area of the subject site.

C. Radius Notice: At least fifteen (15) days prior to the public hearing, the Administrator shall send a notice of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Boise County Assessor) owning property within six hundred feet (600') of the property being considered. The Administrator may determine, or other applications provided for in this ordinance may require, that notices be sent to property owners or purchasers of record whose properties are farther than six hundred feet (600') from the external boundaries of the property upon which the application is located.

1. The following uses shall also require notice within one thousand feet (1,000') of the property being considered: DISCUSS USES FOR 1,000 NOTICE

Aircraft landing field (private ownership).
Airport (public ownership).
Distributed power facility, wind rooftop.
Explosive manufacturing or storage.
Flammable substance storage.
Junkyard or automobile wrecking yard.
Manufacture or processing of hazardous chemicals or gases.
Meatpacking facility.
Pit, mine, or quarry requiring administrative or conditional use approval.
Processing plant for agricultural and dairy products.
Public or quasi-public use, public or private correctional facility.
Racetrack, vehicle or animal.
Sanitary landfill, restricted.
Sawmill or planing mill.
Soil or water remediation.
Tower or antenna structure, commercial.
Vehicle impound yard.

2. 
   The following uses shall require notice within two thousand six hundred forty feet (2,640') of the property being considered:

   Centralized power facility.

   
   Distributed power facility, wind freestanding tower.
   Livestock confinement facilities with three hundred one (301) or more animal units.
   

D. Alternate Forms Of Notice: When notice is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as follows:

1. In lieu of mailed notice, one additional notice of the time and place of the hearing and summary of the proposal shall be published in official newspaper of the county, not less than seven (7) days prior to the hearing.

2. At least ten (10) days prior to the hearing, the Adminstrator shall post a hearing notice on the property following the signposting requirements of this Section.

3. At least seven (7) days prior to the hearing, a notice shall be made available to other newspapers, radio, and television stations servicing the county for use as a public service announcement.

E. Public Service Announcement: In the case of amendments to this ordinance and the comprehensive plan, the Administrator shall issue a notice to other newspapers and radio and television stations serving the jurisdiction for use as a public service announcement prior to the public hearing.

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7A-6 Decision by the Administrator:
A. Following the submission of an application, the Administrator shall act upon the application within sixty (60) days. Failure of the Administrator to act upon an application shall be deemed a denial of the application.

B. The Administrator may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties.

C. The Administrator shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code Sections 67-6519 and 67-6535 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision.

http://sterlingcodifiers.com/codebook/index.php?book_id=609§ion_id=749748

1. The commission shall hold a hearing on each application submitted for which a hearing is required within ninety (90) days after application submission, excluding planned community applications, which shall be held no later than one hundred twenty (120) days after application submission.

2. Notwithstanding subSection A1 of this Section, no hearing shall be held by the Commission on a planned community implementation plan until the Board has approved the planned community subarea comprehensive plan; provided further, the period for issuing a decision described in subSection B of this Section shall not commence to run until the Board has approved the planned community subarea comprehensive plan.

3. Prior to the public hearing, public notice shall be provided as set forth in Section 7A-5 of this Article.

B. Decision: The Commission shall conduct the public hearing in accord with its adopted bylaws. The Commission may continue the hearing if it determines in its discretion that additional hearings are necessary. The Commission, however, must issue a decision or recommendation, as is applicable, no later than one hundred eighty (180) days after the date of the application submission, excluding planned community applications, for which the Commission must issue a recommendation no later than two hundred forty (240) days after submission of the application, and siting of a tower or antenna structure, commercial for which the Commission must issue a decision within one hundred fifty (150) days after submission of the application. Failure of the Commission to issue a decision or recommendation within the time periods allowed in this Section shall be deemed a denial or a recommendation of denial of the application, provided, however, the Commission and applicant may mutually agree to extend the time periods for a decision to be made.

C. Conditions Of Approval: The Commission may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.

D. Findings Of Fact: The Commission shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code Sections 67-6519 and 67-6535 stating the reasons for the decision or recommendation reached. Conditions of approval shall be attached to the written decision or recommendation. For applications where the Commission is acting as a recommending body, the Commission shall forward their recommendation to the Board.

E. Report: For applications where a decision or recommendation is required by this ordinance, the Commission shall file a written report with the clerk of the Board stating the findings and action taken by the Commission. Such report shall be filed no later than ten (10) days after the written decision or recommendation.

http://sterlingcodifiers.com/codebook/index.php?book_id=609§ion_id=749749

7A-8 Decision by the Board:
A. The board shall hold a hearing within ninety (90) days after application submission or sixty (60) days after the commission makes a recommendation (if applicable), excluding planned community applications for which the board must hold a hearing no later than one hundred twenty (120) days after the date the commission makes a recommendation.

B. No hearing shall be held by the board on a planned community implementation plan until the board has approved the planned community subarea plan.

C. Prior to the public hearing, public notice shall be provided as set forth in Section 7A-5 of this Article.

D. Following the public hearing, if the Board makes a material change to a comprehensive plan amendment application or development ordinance amendment application, further notice and hearing shall be provided in accord with the regulations of Sections 7A-4 and 7A-5 of this Article, and with applicable Area of Impact agreements.

E. The Board may require conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. This regulation shall not apply to applications for comprehensive plan amendments or development ordinance amendments.

F. The Board shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code Sections 67-6519 and 67-6535 stating the reasons for the decision. Conditions of approval, if any, shall be attached to the written decision.

G. Following the approval of a comprehensive plan amendment, the Board shall adopt a resolution adopting the amendment to the comprehensive plan.

H. Following the approval of a development ordinance amendment, the Board shall adopt an ordinance and, within thirty (30) days, publish a summary of the ordinance in the official newspaper of the county.

7B-1 Duties

7B-2 Conflicts of Interest

7B-3 Appointment and Terms of Office

7B-4 Bylaws

7B-1 Duties of the Commission:

For the purpose of this Ordinance the Commission shall have the following duties:

1. 
   The Planning and Zoning Commission shall conduct all public hearings required by this Ordinance and the laws of the state relating to the responsibilities of the Planning and Zoning Commission. It shall be the duty of the Commission to recommend or make suggestions to the Board of County Commissioners for the adoption of coordinated plans for the physical development of the county; to make recommendations regarding the layout, width, and location of streets, roads, highways, etc. for the proper management of vehicular and pedestrian traffic; to make recommendations concerning the future growth, development, and beautification of the county; to advise individuals concerning locations of buildings, structures to be constructed or altered by the individuals; to cooperates with other appointed boards to further the general welfare of the county; to review and make recommendations concerning subdivision activity and planned unit developments within the jurisdiction of the county; to review and provide recommendations to the Board concerning amendments to this ordinance and comprehensive plan.
   
2. 
   Upon adoption of the unified development ordinance, the Commission shall be empowered to issue conditional use permits and variances, subject to appeal by affected persons, to the Board of County Commissioners.
   
3. 
   The Commission shall advise the Board in matters relating to areas of impact and annexation of lands by municipalities and other intergovernmental matters within the county.
   
4. 
   The Commission shall meet annually with the Board to discuss matters relating to county planning and development.
   
5. 
   All activities undertaken by the Commission shall be consistent with budgetary appropriations established by the Board for Commission activities.
   
6. 
   The Commission shall assume those additional powers and duties not listed and as may be assigned them by the Board or state statute.
   

The Board creating a Commission shall provide that the area and interests within its jurisdiction are broadly represented on the Commission. A member or employee of the Board or Commission shall not participate in any proceeding or action when the member or employee or his employer, business partner, business associate or any person related to him by affinity or consanguinity within the second degree has economic interest in the procedure or action. Such member shall not be prohibited from testifying at or presenting evidence at a public hearing or similar public process after acknowledging non-participation in the matter due to conflict of interest. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of the Section shall be a misdemeanor. Non participation in the discussion due to a conflict of interest does not affect the quorum.

The commission shall consist of seven (7) voting members, each appointed by the Chairman of the Board of County Commissioners and confirmed by a majority vote of the Board. The term of office for commission members shall be four (4) years with no person serving for more than two (2) consecutive terms. One (1) partial term of appointment may be served in addition to the two (2) complete terms allowed.

The bylaws shall contain procedures and requirements for Commission membership, election of officers, meetings, rules of order, and voting.

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7C-1: Purpose

7C-2: Applicability

7C-3: Process
7C-1 Purpose:

To exercise the authority granted the board in section 67-6511A, Idaho Code; to provide for the creation, form, recording, modification, enforcement and termination of development agreements; and to require as a condition of a zoning ordinance map amendment approval that an owner of land make a written commitment concerning the use and/or development of that land.

http://sterlingcodifiers.com/codebook/index.php?book_id=§ion_id=724914

7C-2 Applicability:

It shall be a precondition of approval for all applications for a zoning ordinance map amendment by, or on behalf of, an owner that the owner enter into a development agreement acceptable to the board as part of receiving board approval of the zoning ordinance map amendment.

http://sterlingcodifiers.com/codebook/index.php?book_id=§ion_id=724915

7C-3 Process:

A. Development Agreement Creation, Form, Approval, And Consent:

1. Within three (3) business days after the commission has made a recommendation on an application for a zoning ordinance map amendment by, or on behalf of, an owner, the director shall forward a request to the Ada County prosecuting attorney's office to create a development agreement using the appropriate model form as approved by the board. The director's request shall include all the necessary documents pertaining to the zoning ordinance map amendment application and the creation of a development agreement, such as, but not limited to: the legal description of the land subject to the zoning ordinance map amendment application; deed(s); preliminary plat; and any proposed conditions of approval.

2. Once the Ada County prosecuting attorney's office has drafted the development agreement, the development agreement with any attachments shall be returned to the director. The director shall forward it to the applicant.

3. Approval of the zoning ordinance map amendment application by the board shall be contingent upon the board and owner of the land signing a mutually acceptable development agreement.

4. By signing the development agreement the owner, and any subsequent owners, consents to having the zoning ordinance map amendment reversed, in whole or in part, upon failure to comply with the terms and/or conditions set out in the development agreement.

B. Review And Enforcement: The director shall monitor the owner's compliance with the terms and/or conditions of the development agreement. The director shall review the status of the development every two (2) years from the date the development agreement is signed. A more frequent review may be undertaken by the director at the director's discretion or at the request of the board. During a review the owner, or any subsequent owner, must demonstrate that they are in compliance with the terms and/or conditions of the development agreement. If the director determines that the terms and/or the conditions of the development agreement are not being complied with, and such lack of compliance is not immediately resolved by the owner, the director shall recommend that the board enforce the terms of the development agreement by modification or termination.

C. Modification: A development agreement may be modified, in whole or in part, as follows:

1. Modification In Whole Or In Part For Failure To Comply With Terms And/Or Conditions: The board may modify a development agreement and/or reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to modifying a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined in the sole discretion of the board to come into compliance with the terms and/or conditions. Prior to modifying a development agreement the board shall hold a public hearing in accordance with the notice and hearing provisions of Idaho Code section 67-6509.

2. Modification By Mutual Consent: The board and the owner or subsequent owners of the land may mutually agree to modify a development agreement and reverse the zoning map amendment, in whole or in part. Prior to modifying the development agreement by mutual consent, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

D. Termination:

1. Termination For Failure To Comply With Terms And/Or Conditions: The board may terminate a development agreement and reverse the zoning designation of the land or any undeveloped portion of the land upon the failure of the owner or subsequent owners to comply with the terms and/or conditions of the development agreement. Prior to terminating a development agreement for failure to comply with the terms and/or conditions the owner or subsequent owners shall have a reasonable time as determined by the board to come into compliance with the terms and/or conditions. Prior to terminating the development agreement for failure to comply, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

2. Termination By Mutual Consent: The board and the owner or subsequent owners of the land may mutually agree to terminate a development agreement and reverse the zoning map amendment, in whole or in part. Prior to terminating the development agreement by mutual consent, the board shall hold a public hearing in accordance with the notice and hearing procedures of Idaho Code section 67-6509.

3. Termination At Owner's Discretion: The owner of land subject to a development agreement may terminate the development agreement as to any remaining undeveloped land if the board modifies the development agreement without mutual consent. In the event the owner chooses to terminate the development agreement under these circumstances, the board may reverse the zoning designation of any undeveloped portion of the land.

4. Termination When Owner Has Complied With And/Or Completed All Terms And/Or Conditions: A development agreement terminates when the owner has complied with and/or completed all the terms and/or conditions of the development agreement.

E. Recording: Approved development agreements, any subsequent modification(s) thereof, or termination of a development agreement shall be recorded in the office of the Ada County recorder. The applicant shall pay all recording fees.

F. Fees: The board shall establish a fee for conducting reviews.

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