CHAPTER 6
ADMINISTRATION
ARTICLE A. GENERAL PROVISIONS
SECTION:
8-6A-3: General Application Process
8-6A-4: Required Application Information
8-6A-5: Administrative Process With Notice
8-6A-6: Administrative Process Without Notice
8-6A-7: Public Hearing Process
8-6A-8: Expiration Of Approvals
8-6A-9: Appeals and City Council Reviews
8-6A-10: Substantial Conformance
8-6A-1: PURPOSE:
The purpose of this article is to set forth the roles, responsibilities, and processes in the administration of permits and decisions that are authorized by this title consistent with Idaho Code section 67-6502 et seq. (Ord. 898-08, 9-8-2008; amd. Ord. 975-15, 4-27-2015)
8-6A-2: DUTIES AND AUTHORITY:
A. Council: The council shall have the authority to set policy and legislation affecting land use and the administration of this title, including establishing application fees by resolution. The council shall act on recommendations from the commission in legislative matters, some quasi-judicial applications, and serve as the final authority on appeals. The council shall also have the authority to review any action taken through the administrative process with notice or public hearing process when an appeal is not made but the city council determines in a public meeting, within fifteen (15) days of the final decision, that there may be significant adverse impact to the city as a result of the final decision, making the city affected or aggrieved by the final decision, which would be final unless appealed. Such council reviews are not de novo.
B. Planning and Zoning Commission: The planning and zoning commission shall be the designated planning agency for the city. The commission shall be responsible for final action on site-specific permits and appeal body as defined by this title and for recommendations to the council on land use legislation, comprehensive plan amendments, and other policy matters.
1. Duties of the commission regarding implementation of this title shall be as follows:
a. Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, comprehensive plan, and implementation;
b. Promote a public interest in and understanding of the commission’s activities;
c. Make recommendations to the council concerning the comprehensive plan, planning process, or implementation of the comprehensive plan;
d. Initiate proposed amendments to this title and conduct reviews of the complete development code;
e. Conduct public hearings, make recommendations to the council based on the required findings and standards for applications as set forth in article B, "Specific Provisions", of this chapter; and
f. Serve as the review authority in appeals of decisions of the planning official.
g. The commission may, at its discretion, delegate some of its functions to the commission chair, a commission subcommittee, or to the planning official.
h. Written bylaws consistent with this title and other laws of the state for the transaction of business of the commission shall be adopted.
2. (Rep. by Ord. 1004-19, 4-22-2019)
3. Term Of Office For Planning And Zoning Commission Members:
a. Members of the commission shall serve a term of three (3) years.
b. No person shall serve more than two (2) full consecutive terms without a majority vote by the city council.
c. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment.
d. Members may be removed for cause by a majority vote of the council.
e. Members shall be selected without respect to political affiliation.
4. (Rep. by Ord. 1004-19, 4-22-2019)
5. The commissioners are appointed and governed by policies adopted by resolution and in accordance with Idaho Code Section 67-6504.
C. Planning Official: The planning official is responsible for the application of the development code. The planning official shall administer and enforce this title and fulfill all the duties imposed by law including, but not limited to:
1. Interpret provisions in the enforcement and administration of this title;
2. Provide information to the public on planning, design, zoning, and subdivision matters;
3. Receive and examine applications including, but not limited to, the following:
a. With the consent of the owner, enter upon any property to make examinations and surveys;
b. Determine the completeness of applications in providing the required information;
c. Maintain records of all materials and correspondence related to land use applications; and
d. Maintain records of the commission hearings and actions thereon; and
e. Transmit to the commission or council all applications related to this title.
4. Review and act on administrative applications;
5. Serve as the local administrator for flood hazard protection program;
6. Review and act on minor amendments to an approved permit;
7. Review compliance with conditions set forth by decision maker; and
8. Recommend action to the council on all final plats that are in substantial conformance with the conditions of the preliminary plat.
D. Design Review Consultant(s):
1. Duties Of The Design Review Consultant(s): The design review consultant(s) shall work in partnership with applicants on design review matters. The design review consultant(s) shall act as consultant(s) to staff on design applications unless otherwise herein defined, and serve as an expert on matters of design that come before the city.
2. Design review consultant(s) shall be selected by the planning official as being experts in design review and as set forth in policy passed by resolution. Per the discretion of the planning official, the type and number of design review consultants to review applications shall be determined, but will not become a governing body as defined in Idaho Code.
E. The following Table 8-6A-1 is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and reference to the process under which the action shall be taken:
|
Permit/Decision |
Design Review Consultant(s) (DRC*) Consultation Required |
Recommending Authority |
Final Decision Maker |
Process |
Appeal Body |
|---|---|---|---|---|---|
|
Annexation |
|
PZ |
CC |
PH |
|
|
Change of use to a permitted use |
|
None |
PO |
A |
PZ |
|
Comprehensive plan amendment |
DRC |
PZ |
CC |
PH |
|
|
Conditional use |
|
None |
PZ |
PH |
CC |
|
Conditional use, revocation |
|
None |
PZ |
PH |
CC |
|
Design review, administrative |
|
None |
PO |
A |
PZ |
|
Design review, administrative with notice |
|
DRC |
PO/CC |
AN/PH |
|
|
Development agreement or amendment |
|
PZ |
CC |
PH |
|
|
Development code amendment |
DRC |
PZ |
CC |
PH |
|
|
Floodplain/floodway |
|
None |
PO |
A |
PZ |
|
Manufactured/mobile home |
|
None |
PO |
A |
PZ |
|
Minor land division |
|
None |
PO |
AN |
CC |
|
Modifications to an approved permit |
|
Same decision maker and process as initial approval |
|||
|
Nonconforming setback extensions |
|
None |
PO/CC |
AN/PH |
|
|
Planned unit development |
DRC |
PZ |
CC |
PH |
|
|
Plat, boundary line amendment |
|
None |
PO |
A |
CC |
|
Plat, final |
|
PO |
CC |
PH |
|
|
Plat, condominium |
|
PO |
CC |
A |
|
|
Plat, preliminary |
DRC |
PZ |
CC |
PH |
|
|
Plat, preliminary and final combined |
DRC |
PZ |
CC |
PH |
|
|
Signs |
|
None |
PO |
A |
PZ |
|
Signs, master plan or design review |
DRC |
|
PO |
A |
CC |
|
Site layout template (minor PUD) |
|
None |
CC |
AN/PH |
|
|
Small cell facility |
|
None |
PO |
A |
CC |
|
Specific area plan |
DRC |
PZ |
CC |
PH |
|
|
Variance |
|
None |
PZ |
PH |
CC |
|
Zoning district amendment |
|
PZ |
CC |
PH |
|
|
CC |
= Council |
|
A |
= Administrative |
|
PO |
= Planning Official |
|
AN |
= Administrative with Public Notice |
|
PZ |
= Commission |
|
PH |
= Public Hearing |
|
DRC |
= Design Review Consultant(s) |
|
DRC* |
= Design review consultant(s) only provides comment when design is affected by the application |
(Ord. 898-08, 9-8-2008; amd. Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 998-18, 11-13-2018; Ord. 1004-19, 4-22-2019; Ord. 1026-22, 9-12-2022; Ord. 1006-19, 9-26-2022)
8-6A-3: GENERAL APPLICATION PROCESS:
A. Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this title.
B. Application Requirements:
1. All uses, structures, or work defined by this title as requiring review by council, planning and zoning commission, design review consultant(s) or planning official must obtain the appropriate permit or permits prior to commencing the use, construction or alteration in or on any property within the Garden City boundaries.
2. All requests for permits and decisions in accordance with this title shall submit an application to the planning official on forms approved by the planning official and provided by the city.
3. At a minimum, the application shall require the following information:
a. Name, address and contact information of the applicant and the applicant’s representative;
b. Proof of current ownership in the property which is the subject of the application or signed letter of authorization from the property owner for making the application;
c. Legal description of the property; and
d. Statement of project intent for making the application.
4. Some requests for permits and decisions shall require additional application information.
5. As determined by the planning official, some information may be submitted in an electronic format.
6. All applications shall be accompanied by a filing fee in an amount established by council resolution.
C. Determination Of Completeness:
1. An application shall contain all information deemed necessary by the planning official to determine if the proposal will comply with the applicable requirements of this title. Incomplete applications will not be accepted.
2. Within thirty (30) days of receipt of an application, or such later time as reasonably appropriate consistent with city workloads, the planning official shall find the application as complete for review or require additional information to be submitted.
3. No further action shall be taken on the application until such additional information and materials have been submitted. If the additional information is not submitted within thirty (30) days from the planning official’s request, or a date mutually agreed upon by the applicant and the planning official, the application will be returned to the applicant.
4. The planning official shall issue a notice of application acceptance and completion either by letter to the applicant or by public notice of the pending public hearing or action on the application.
5. The planning official shall begin processing the application once the application is deemed complete.
D. Action On The Application: After an application has been determined to be complete, an action or decision shall occur as follows:
1. If no public hearing is required, the decision making body shall act upon the application within thirty (30) days.
2. If a public hearing is required, the initial hearing shall be held no later than sixty (60) days after the date of the determination of completeness, unless waived by the applicant.
E. Resubmitted: No application that has been denied by the planning official, the commission, or the council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The planning official may waive the one (1) year requirement and accept a new application, where the subject property is affected by amendments to the comprehensive plan or to this title. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015; Ord. 1026-22, 9-12-2022)
8-6A-4: REQUIRED APPLICATION INFORMATION:
A. In order to be determined complete, applications for permits or decisions shall be accompanied by the information identified by an "X" in Table 8-6A-2 and described in detail in chapter 7, article B, "Description Of Application Requirements," of this title.
B. The applicant may request an exception of one (1) or more required application requirements. Should the planning official determine such application requirements are unnecessary, the planning official may grant the applicant’s request for exception.
C. The decision maker may require additional information not identified in Table 8-6A-2 to determine compliance with regulations.
|
Permit/Decision |
Compliance Statement |
Preliminary Title Report |
Neighborhood Map |
Sketch Plat |
Subdivision Map |
Master Plan |
Site Plan |
Landscape Plan |
Schematic Drawings |
Lighting Plan |
Topographic Survey |
Grading Plan |
Soils Report |
Hydrology Report |
Engineering Drawing And Specifications |
Natural Hazard And Resources Analysis |
Dedications And Easements |
Covenants And Deed Restrictions |
Will Serve Letter |
Sub. Name and Reservation |
Approved Addresses |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Annexation |
|
X |
X |
|
|
X |
X |
|
|
|
X |
|
|
|
|
X |
X |
|
|
|
X |
|
Comprehensive plan amendment |
X |
|
|
|
|
X |
|
|
|
|
X |
|
|
|
|
X |
|
|
|
|
|
|
Conditional use |
X |
|
X |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
X |
|
|
|
Design review consultant(s) |
X |
|
X |
|
|
|
X |
X |
X |
X |
X |
X |
|
|
|
|
|
|
X |
|
X |
|
Development agreement |
|
X |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Development code amendment |
X |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Floodplain/way |
|
|
|
|
|
X |
X |
X |
|
|
X |
X |
X |
X |
X |
X |
|
|
|
|
|
|
Minor land division |
|
X |
X |
X |
X |
|
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
X |
|
Planned unit development |
|
X |
X |
|
X |
X |
X |
X |
X |
|
X |
X |
|
X |
|
X |
X |
X |
X |
X |
|
|
Planned unit development, minor |
|
|
X |
|
|
|
X |
X |
X |
X |
X |
X |
|
X |
|
X |
X |
X |
X |
|
X |
|
Plat, amendment |
X |
X |
X |
|
X |
|
X |
|
X |
|
|
|
|
|
|
|
X |
X |
|
|
|
|
Plat, condominium |
X |
|
|
|
|
|
X |
|
|
|
|
|
|
|
|
|
|
X |
|
|
|
|
Plat, final |
|
X |
|
|
X |
|
|
|
|
|
X |
X |
X |
X |
X |
|
X |
X |
X |
|
X |
|
Plat, preliminary |
X |
X |
X |
|
X |
|
X |
|
X |
X |
|
|
|
|
|
X |
|
|
X |
X |
|
|
Plat, preliminary and final combined |
|
X |
X |
|
X |
|
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
Site layout template |
|
|
|
|
|
|
X |
X |
X |
|
|
|
|
|
|
|
|
|
|
|
|
|
Small cell facility |
X |
|
|
|
|
|
X |
|
|
|
|
|
|
|
X |
|
X |
|
|
|
|
|
Specific area plan |
X |
X |
X |
|
|
X |
X |
|
|
|
X |
|
|
|
|
X |
X |
|
|
|
X |
|
Variance |
X |
|
X |
|
|
|
X |
|
|
|
|
|
|
|
|
|
|
|
|
|
X |
|
Zoning map amendment |
X |
X |
X |
|
|
X |
X |
|
|
|
X |
|
|
|
|
X |
X |
|
|
|
|
X Denotes application information that may be waived depending on the nature of the request.
(Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015; Ord. 1018-20, 2-8-2021; Ord. 1026-22, 9-12-2022; Ord. 1006-19, 9-26-2022)
8-6A-5: ADMINISTRATIVE PROCESS WITH NOTICE:
A. The purpose of this section is to outline the specific application process for actions with prior notice to adjoining property owners.
B. Upon the city’s acceptance of an application, a neighborhood meeting shall be scheduled by the applicant.
1. A notice shall be sent to adjoining property owners within three hundred feet (300') and agencies with jurisdiction.
2. The applicant shall post on the property in accordance with the timing, location, language, and dimensional requirements of the city found in section 8-6A-7 of this chapter.
3. The notice and property posting shall identify the process for persons to be considered interested parties.
4. The content of the notice and property posting shall be approved by the planning official.
5. The neighborhood meeting must occur at least fifteen (15) days prior to a decision being rendered.
C. The decision maker may make the following determinations based on the applicable required findings:
1. Intent to approve as submitted;
2. Intent to approve with changes;
3. Request changes and resubmittal;
4. Recommend denial; or
5. Recommend a public hearing.
D. The decision shall be sent to all interested parties.
E. If the determination is a recommendation for a public hearing, or if person(s) with standing object to the denial, the application shall be reviewed and a decision rendered via public hearing.
F. Conditions of approval that are deemed necessary to protect the public health, safety, and welfare, and prevent undue adverse impacts on surrounding properties may be required.
G. Written findings of fact and conclusions of law in accord with Idaho Code section 67-6519 stating the reasons for the decision reached shall be provided to the applicant. All conditions of approval shall be attached to the written decision. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 998-18, 11-13-2018; Ord. 1026-22, 9-12-2022)
8-6A-6: ADMINISTRATIVE PROCESS WITHOUT NOTICE:
A. The purpose of this section is to outline the specific application process for actions by the planning official with no required public notice.
B. Administrative decisions that do not require notice shall be submitted on a form determined by the planning official.
C. The planning official shall take action within thirty (30) days, as reasonably appropriate consistent with staff workloads, of receipt of the request for an administrative decision.
D. The planning official may refer any administrative application to the planning and zoning commission, or the design review consultant(s) for any administrative application governed by chapter 4 of this title, for a decision when staff has a question as to whether applicable standards or purposes have been met.
E. The planning official shall respond in writing with the basis of his/her decision to the person making the request. (Ord. 898-08, 9-8-2008; amd. Ord. 975-15, 4-27-2015; Ord. 1026-22, 9-12-2022)
8-6A-7: PUBLIC HEARING PROCESS:
A. Purpose: The purpose of this section is to outline the specific application process for actions that require a public hearing.
B. Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements identified in Table 8-6A-3, and the following relevant procedures:
1. Neighborhood Meetings:
a. Neighborhood meetings shall be required for some applications prior to submittal of an application.
b. Notice of the neighborhood meeting shall be provided by the applicant to all property owners of record within three hundred feet (300') of the exterior boundary of the application property. Notice of the meeting shall be either hand delivered or mailed to the recipients. Notice shall also be provided to the planning official.
c. Notice of the meeting shall be provided at least ten (10) days prior to the meeting.
d. The meeting shall be held on a weekday between five thirty o’clock (5:30) P.M. and eight o’clock (8:00) P.M. not more than three (3) months or less than one (1) day prior to the submittal of an application.
2. Radius Notice: At least fifteen (15) days prior to the public hearing, the city shall send a notice by first class mail 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 Ada County assessor) owning property within three hundred feet (300') of the property being considered.
3. Posting On The Site: A public notice shall be posted by the applicant on the premises for which the permit is sought. The notice shall be posted not less than ten (10) days prior to the public hearing.
a. Notice Form: The notice shall be in substantial compliance with the following form:
b. Notice Size: The notice(s) shall consist of a four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) four inch by four inch (4" x 4") posts.
c. Notice Lettering: Centered at the top of the four foot by four foot (4' x 4') notice(s) in six inch (6") letters shall be the words "City of Garden City Public Hearing Notice". The date of the hearing shall be in bold four inch (4") letters. The remainder of the notice shall be in two inch (2") letters. Each notice shall be painted white, and the letters shall be painted black and shall appear on both sides.
d. Notice Content: Each notice shall inform the public of the nature of the hearing, the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, the location of the development and the name of the applicant, and if applicable, the proposed development.
e. Notice Placement: The notices shall be posted on the property being considered along each street that is adjacent to the subject property boundaries. The notice(s) shall be located on the property, outside of the public right-of-way. If the notice cannot be placed on the property and still be clearly visible, the notice may be placed within the right-of-way if the applicant can obtain the consent of the owner of the right-of-way. The notice shall be posted perpendicular to the street and mounted so that the bottom of the notice is at least three feet (3') above the ground.
f. Proof Of Posting: The applicant shall submit a notarized statement and a photograph of the posting to the city no later than seven (7) days prior to the public hearing attesting to where and when the notice(s) were posted. Unless the statement is received by such date, the hearing will be continued.
g. Notice Removal: The notice(s) shall be removed no later than three (3) days after the public hearing for which the notice(s) had been posted is ended.
4. Alternate Forms Of Notice: When mailed notice is required of two hundred (200) or more property owners, alternate forms of notice may be provided by the city as follows:
a. Posting of the notice in three (3) conspicuous locations within the city;
b. Making notice available to all forms of media for use as a public service announcement; or
c. Paid advertisement of notice in local print media.
5. Legal Notice: At least fifteen (15) days prior to the public hearing, the city shall publish a public notice of the time, place and description of the application in the official newspaper of general circulation.
6. Public Service Announcement: At least fifteen (15) days prior to the public hearing, the city shall provide a public notice to other newspapers, radio and television stations serving the city for use as a public service announcement.
7. Agency Review; Notification To Agencies With Jurisdiction: At least fifteen (15) days prior to the public hearing, the city shall give notice to all political subdivisions providing services within the city, including the school district.
8. Transmittal To Other Agencies: The planning official may transmit the notice, application and other documents submitted for review and recommendation to city departments and other agencies and community organizations as adopted by commission resolution.
9. Failure To Notify: The failure to comply fully with the notification provision shall not invalidate the action, provided the spirit of the procedure is observed.
|
Permit/ |
Neighborhood |
Radius |
Legal |
On Site |
Agencies |
Public |
Interested Parties |
|---|---|---|---|---|---|---|---|
|
Administrative with notice |
|
X |
|
|
X |
|
X |
|
Appeal |
|
|
|
|
|
|
X |
|
Annexation or rezone |
X |
X |
X |
X |
X |
X |
|
|
Comprehensive plan or ordinance amendment1 |
X |
X |
X |
|
X |
X |
|
|
Conditional use2 |
X |
X |
X |
X |
X |
|
|
|
Conditional use, revocation |
|
|
X |
|
|
|
|
|
Design review process under section 8-6A-5 |
X |
X |
|
X |
X |
|
X |
|
Development agreement |
X |
X |
X |
X |
X |
|
|
|
Development agreement revocation |
|
|
X |
|
X |
|
|
|
Planned unit development |
X |
X |
X |
X |
X |
|
|
|
Plat, amendment |
|
X |
|
X |
X |
|
|
|
Plat, final |
|
X |
|
X |
X |
|
|
|
Plat, preliminary |
X |
X |
|
X |
X |
|
|
|
Plat, preliminary and final combined |
X |
X |
X |
X |
X |
|
|
|
Minor land division |
X |
X |
X |
X |
X |
|
|
|
Site layout template |
|
|
|
|
|
|
|
|
Specific area plan |
X |
X |
X |
X |
X |
X |
X |
|
Variance |
X |
X |
X |
X |
|
|
|
|
Zoning district boundary amendment3 |
X |
X |
X |
X |
X |
X |
|
Notes:
1. Comprehensive Plan Amendment: If the commission or design review consultant(s) recommends a material change to the plan after the public hearing, the public notice for the council hearing shall include the recommendation.
2. When mailed notice is required for two hundred (200) or more people, the alternate noticing requirements as set forth in subsection B.4 of this section may be substituted for mailed notice.
3. Zoning District Boundary Amendment: Notice may be sent to property owners beyond three hundred feet (300') of the external boundaries of the rezone area to those property owners who may be impacted by the rezone application.
C. Planning and Zoning Commission Public Hearing:
1. Hearing Date:
a. Within sixty (60) days of receipt of an application certified as complete, or as reasonably appropriate consistent with city workloads, the initial public hearing shall be conducted.
b. The time for review and action may be extended by making a finding that additional materials and/or information are required due to the complexity of the application or for other reasons deemed appropriate.
c. The decision maker may deny an application for which the public hearing has been continued repeatedly over an unreasonable period of time at the request of the applicant.
2. Public Hearing Testimony:
a. The decision maker shall hear public testimony at the duly noticed public hearing.
b. The applicant shall offer competent evidence in support of the application sufficient to enable the decision maker to consider the matter and to make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.
c. Written statements, mailed or hand delivered to City Hall and timely received in advance of the public hearing, shall be entered into the record of the hearing.
d. When a design review consultation is required as part of an application that requires a public hearing, public testimony regarding design will be heard by the planning and zoning commission at the planning and zoning commission’s scheduled hearing.
3. Decision:
a. After hearing the evidence and considering the application, the decision maker shall make their decision. The decision maker shall report the facts upon which it based its conclusion, the ordinance and standards used in evaluating the application, the actions, if any, that the applicant could take to obtain a permit, and whether a permit is granted, granted with conditions, or denied.
b. By the next regular scheduled meeting, the decision maker shall make its findings and decision.
D. Council Public Hearing:
1. Transmittal: Upon recommendation of approval or disapproval by the recommending body, the application, together with a complete copy of the recommending body’s findings and report of action, shall be transmitted to the council.
2. Public Hearing: Within thirty (30) days of the recommending body completing its findings and report, the city shall notice a council public hearing.
a. The public notice shall be made in accordance with the Idaho public hearing process.
b. Public notice shall also be sent to all persons who appeared in person and provided a legible record of their name and address, or submitted testimony in writing before the reviewing body’s proceedings. Such notification shall be made at least fifteen (15) days prior to the council meeting.
3. Public Hearing Testimony: At the hearing before the council, the council shall consider the record and report of the commission and may or may not elect to hear testimony of representatives of the applicant and any witnesses, including interested citizens affected by the proposed application.
4. Council Decision:
a. Upon conclusion of its review, the council shall take action on the application and adopt its findings of fact and conclusions by the next regular scheduled council meeting.
b. In its decision, the council shall base its findings upon the record and report of the commission and, if taken, testimony presented before it.
c. The council may sustain, modify with conditions, or reject the recommendations of the recommending authority; or remand the application for additional proceedings and findings. (Ord. 898-08, 9-8-2008; amd. Ord. 904-08, 11-24-2008; Ord. 905-09, 3-23-2009; Ord. 944-12, 5-14-2012; Ord. 975-15, 4-27-2015; Ord. 1018-20, 2-8-2021; Ord. 1026-22, 9-12-2022)
8-6A-8: EXPIRATION OF APPROVALS:
A. Unless otherwise specified by this code, all application approvals shall expire two (2) years from the date of approval. Notwithstanding the foregoing, application approval expirations are subject to the following exceptions:
1. All application approvals for conditional use permits expire one (1) year from date of approval;
2. All application approvals for properties where the subject property is not compliant, and has not been actively pursuing compliance, with all city, state, and federal codes and laws since the date of application expire one (1) year from date of approval and will not, under any circumstances, be entitled to an extension under subsection C of this section;
3. By condition of approval or development agreement, an alternate time period for completion of the application has been specified; or
4. An extension has been granted pursuant to subsection C of this section.
B. The occurrence of any of the following events will cause an application approval to be secured and no further extension is necessary:
1. A certificate of compliance or certificate of occupancy has been issued for the entire application; or
2. For subdivision applications, the final plat of a subdivision approval is recorded with Ada County; or otherwise defined by section 8-5B-6 of this title.
C. A request for an extension is no guarantee that the extension will be granted. One (1) extension not exceeding one (1) year may be granted, provided:
1. Good cause for the request is demonstrated by the applicant in their request. Good cause includes development constructions being delayed by force majeure, development constructions being delayed by wrongful conduct of others, or other such circumstances of similar specificity; and
2. The subject property is compliant and has been compliant, or actively pursuing compliance, with all city, state, and federal codes and laws since the date of application; and
3. The extension request is submitted to the development services department in writing prior to the application’s expiration date.
D. Extension requests will be determined by the city council in all instances except for conditional use permit extension requests. Extension requests for conditional use permits are administrative pursuant to Idaho Code section 67-6529F(4) and the planning official shall make the determination. (Ord. 944-12, 5-14-2012; amd. Ord. 1002-18, 1-28-2019; Ord. 1032-22, 2-13-2023; Ord. 1045-24, 9-23-2024)
8-6A-9: APPEALS AND CITY COUNCIL REVIEWS:
A. Standing to Appeal, City Council Review, Standard of Review, and Notice of Appeal:
1. An applicant, the development services director, the public works director, the chief of police, and/or those who (1) have standing under the Idaho Local Land Use Planning Act; and (2) testified may appeal the action of the final decision maker. However, the development services director, the public works director, and the chief of police shall only have standing to appeal, as a representative and designee of the city, if he/she believes there may be a significant adverse impact to the city as a result of the action of the final decision maker, making the city affected or aggrieved by the final decision. Such appeals are not de novo.
2. Any action taken by the planning and zoning commission regarding conditional use permits, which would be final unless appealed, may be reviewed and heard by the city council, when an appeal is not made but the city council determines in a public meeting, within fifteen (15) days of commission action, that there may be significant adverse impact to the city as a result of the final decision by the commission, making the city affected or aggrieved by the final decision. Such council reviews are not de novo.
3. An appeal shall be made on the form provided by the city and filed with the city within fifteen (15) days after the action of the decision maker.
4. An appeal or council review shall stay all proceedings related to the application unless there is imminent peril to life and property, as determined by the commission or court order.
B. Review Authority: Appeals of commission decisions are heard and decided by the council. Appeals of the planning official decisions are heard and decided by the commission.
C. Hearing Notice:
1. The city shall set the matter for hearing by the review authority at the next regularly scheduled meeting of the review authority if such scheduling provides reasonably adequate time for all parties involved to be prepared to conduct the hearing.
2. The city shall give notice of the time and place of the hearing on appeal or council review by sending copies of the notice to the applicant or petitioner, the appellant and to any interested person who has filed a written request for notice with the city.
D. Hearing Record: Both an appeal and a council review will be on the record of the decision maker.
E. Decision:
1. After the hearing on the appeal or council review, the review authority shall make its decision and adopt findings of fact and conclusions.
2. In its decision, the review authority shall determine whether the application or petition should be granted, granted with conditions, remanded to the decision maker for additional proceedings and findings, or denied.
3. The city shall transmit a copy of the decision by the review authority together with a copy of its findings and conclusions to the decision maker; and shall transmit a copy of its decision, findings and conclusions of law to the appellant.
4. The decision on an appeal made by the commission or planning official may be further appealed to the council. The decision of the council shall be final. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015; Ord. 998-18, 11-13-2018; Ord. 1026-22, 9-12-2022)
8-6A-10: SUBSTANTIAL CONFORMANCE:
A. All development shall be constructed or carried out in conformance with the approval, conditions of approval, and mitigation measures adopted by the city in review of the development application.
B. Any changes in the design, construction, operation or use shall be brought to the immediate attention of the planning official for determination if the changes are in substantial conformance with the city’s action.
C. Any changes that are not in substantial conformance with the approval shall be remanded to the decision making body. (Ord. 898-08, 9-8-2008; amd. Ord. 975-15, 4-27-2015)
8-6A-11: ENFORCEMENT:
A. Purpose: Enforcement of the provisions of this title and any entitlements and subdivision maps approved by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city’s planning efforts and for the protection of the public health, safety, and welfare of the city.
B. Responsibility: The planning official or his or her designee shall be responsible for enforcing the conditions and standards imposed on all permits granted by the city and permitted under this title. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, and is determined to be a public nuisance as defined in title 4 of this code, shall be enforced by the city police department.
C. Requirement For Subdivision Plat Approval: No subdivision plat required by this title or the Idaho Code shall be recorded by the Ada County recorder until such subdivision plat has received final approval by the council. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by this title until final plat has received the approval by the council.
D. Whenever any property or use therein regulated by this code is being used contrary to the provisions of this code and/or other laws which are enforced by Garden City, the planning official or his or her designee may order such use discontinued and vacated and the utility services disconnected by notice served on any person causing such use to be continued. Such person shall discontinue the use or make the property or portion thereof, comply with the requirements of this code, and/or other laws which are enforced by Garden City, within a specified time period. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015)
8-6A-12: FEES:
In the application of fees for the review of permit applications or compliance enforcement, the following rules shall apply:
A. Adoption By Resolution: Application fees shall be established by council resolution, including circumstances for reduced or waiver of fees.
B. Fees Not Refundable: Fees are not refundable, except as allowed by the fee schedule adopted by the council or by council approval. (Ord. 898-08, 9-8-2008; amd. Ord. 905-09, 3-23-2009; Ord. 975-15, 4-27-2015)
8-6A-13: VIOLATIONS:
A. It shall be unlawful for any person, firm or corporation, or property owner to authorize any person, firm or corporation, to occupy property regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
B. Any intentional act or omission contrary to the requirements of this title, or any intentional breach of any duty imposed by this title, is a violation of this title.
C. Authorized agents of the city are sanctioned to serve notice of violation or order on the property owner and/or person responsible for occupancy or use of a property, building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and abatement of the violation within a specified time period. (Ord. 975-15, 4-27-2015)
8-6A-14: PENALTIES:
A. Purpose: The purpose of penalizing certain violations of this title is to protect and promote the health, safety and general welfare of the community, and deter dangerous and hazardous practices.
B. Administrative: In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving an administrative Garden City police sign citation upon his or her property or sign or served upon him or her, for violating the provisions of chapter 4, article F of this title, unless otherwise specifically provided, shall follow the administrative procedure for payment of sign citations as set out in section 8-4F-17 of this title. In the event of nonpayment in accordance with the administrative procedure set out hereinabove, an infraction citation or complaint for a violation of the provisions of chapter 4, article F of this title may be filed in the magistrate division of the district court. The administrative fine for each sign citation under the provisions of chapter 4, article F of this title is fifty dollars ($50.00) unless otherwise specifically provided.
C. Infractions: It is an infraction for any person to violate any of the provisions of sections 8-2C-3; 8-2C-11D; 8-2C-15; 8-2C-21; 8-2C-26A; 8-2C-37F.3; 8-2C-38B; 8-2C-38C; 8-2C-40B; chapter 4, article F; 8-4H-3; sections 8-4J-4; 8-4J-5J and 8-4J-5K of this title unless otherwise specifically provided. Infractions under this title are punishable by a fine of one hundred dollars ($100.00) plus court costs unless otherwise specifically provided.
D. Misdemeanors: It is a misdemeanor for any person to violate any of the provisions of section 8-1A-4; chapter 1, article B; sections 8-2B-2; 8-2B-3; 8-1C-3; 8-2C-7A; 8-2C-31D; 8-3A-3; 8-4H-4.B.16 and D.5; chapter 4, article A; sections 8-4J-6; 8-4L-4D.1; 8-5L-5C.1 and 8-6A-3B.1 of this title unless otherwise specifically provided. Additionally, a second and any subsequent conviction for the same infraction provision under this title within one (1) year shall be a misdemeanor under this title. Misdemeanors under this title are punishable as provided in section 1-4-1 of this code unless otherwise specifically provided.
E. Civil Proceedings: The planning official or designee may also institute any appropriate civil proceedings to prevent violations or threatened violations of this title. (Ord. 944-12, 5-14-2012; amd. Ord. 962-13, 11-12-2013; Ord. 967-14, 6-9-2014; Ord. 975-15, 4-27-2015; Ord. 1016-20, 6-8-2020. Formerly 8-1D-1 through 8-1D-5)
8-6A-15: FINANCIAL SURETY:
A. Purpose: The purpose of this section is to establish procedures to guarantee the completion of required improvements of an approval, when the improvements have not been completed.
B. Applicability: The provisions of this section shall apply only to improvements that are not required for the safe occupancy of an approved development. What constitutes safe occupancy is guided by the development services’ and/or public works department’s application of city code and the requirements of the application.
C. Process:
1. All improvements required for the safe occupancy of a development shall be completed prior to occupancy;
2. In the event that improvements, which are not required for safe occupancy, cannot be installed prior to desired occupancy, the city may allow for occupancy in conjunction with a surety agreement;
3. The acceptable surety agreement, financial guarantee, fees, and required documentation shall adhere to a policy or policies that are approved by city council;
4. Upon certification of acceptable improvement completion, a designated official of the city shall release the surety agreement and financial guarantee that is deposited with the city.
D. Standards: A surety agreement shall meet the following minimum requirements:
1. The surety shall be, at minimum, an amount equal to one hundred twenty-five percent (125%) of the total estimated cost of completing construction of the specific public improvements, as estimated by a designated city official. The minimum percentage may increase based on cost data and staff estimates, to an amount reasonably necessary to secure the completion of the project.
E. Penalty For Failure To Complete Construction: In the event the applicant shall, in any case, fail to complete such work within the period of time required by the conditions of the surety, it shall be the responsibility of the city to proceed to have such work completed. In order to accomplish this, the city shall reimburse itself for the cost and expense thereof by appropriating the surety or may take such steps as may be necessary to require performance by the bonding or surety company. (Ord. 1030-22, 2-13-2023)