8-6-7: COMMON DECISION REQUIREMENTS:

   A.   Generally:

      1.   All applications shall comply with all applicable standards in this Zoning Ordinance.

      2.   The decision-making body may impose conditions reasonably calculated to achieve or maintain compliance with all applicable criteria.

      3.   The decision-making body may incorporate or require, as part of a condition of approval, a written agreement between the applicant and/or owner and the County that enforces the conditions.

   B.   Default Criteria:

      1.   Generally: Unless otherwise specified, County review and decision-making bodies shall review all development applications submitted pursuant to this Chapter for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application, as stated below. If there is a conflict between the general review criteria in this Section and the specific review criteria in Chapters 8-2 through 8-5, the specific review criteria controls.

      2.   Prior Approvals: The application shall comply with the terms and conditions of any currently effective prior plan or plat approval. This includes an approved phasing plan for development and installation of public improvements and amenities.

      3.   Consideration Of The Comprehensive Plan And Other Applicable Plans: The application shall consider the Comprehensive Plan and any applicable development policy plan. The decision-making authority:

         a.   Shall weigh competing plan goals, policies, and strategies; and

         b.   May approve an application that provides a public benefit even if the development is contrary to some of the goals, policies, or strategies in the Comprehensive Plan or other applicable plans.

      4.   Compliance With Development And Use Standards: The application shall comply with all applicable standards, unless the standard is lawfully modified, varied, or waived.

      5.   Compliance With Other Applicable Regulations: The proposed development shall comply with all other County regulations and all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions. This includes wetlands, water quality, erosion control, and wastewater regulations.

      6.   Compliance With Interlocal Agreements: The proposed development shall comply with any adopted interlocal agreements and meet the terms and conditions of any interlocal agreements incorporated by reference into this Zoning Ordinance.

      7.   Compliance With Utility, Service, And Improvement Standards: The proposed development shall comply with federal, state, service district, County and other regulatory authority standards, and design/construction specifications for roads, access, drainage, water, sewer, schools, emergency/fire protection, and similar standards.

      8.   Phasing Plan: If the application involves phases, each phase of the development shall contain all of the required streets, utilities, landscaping, dedicated open space, and other improvements that are required to comply with the project's cumulative development to date, and shall not depend upon subsequent phases for those improvements.

   C.   Substantial Compliance:

      1.   The decision-making body may approve an applicable permit or plan subject to Chapter 8-6 if it substantially complies with the applicable approval criteria.

      2.   Unless a specific permit or process establishes different criteria, a permit or plan substantially complies with the applicable approval criteria if the proposed use or development does not:

         a.   Exceed any dimensional or numerical criteria by more than twenty-five percent (25%);

         b.   Alter the basic relationship of the proposed development to adjacent property;

         c.   Change the uses permitted;

         d.   Increase the maximum density, floor area ratio, or height;

         e.   Decrease the amount of required off street parking;

         f.   Reduce the minimum yards required at the boundary of the site.

         g.   Increase the number of buildable lots; or

         h.   Decrease dedicated open space acreage.

      3.   Deviations greater than twenty-five percent (25%) of any dimensional standard are not considered substantial compliance, unless required by a public highway agency, public utility, or federal or state agency.

      4.   If the number of buildable lots increases or there is an overall reduction in the amount of open space, the final plat is not in substantial compliance with the preliminary plat. If the Director determines there is a substantial difference in the final plat versus the approved preliminary plat or conditions were not met, the Director may recommend the Board require the submittal of a new preliminary plat.

   D.   Decision Requirements By Decision Making Body:

      1.   Director:

         a.   The Director 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.

         b.   The Director shall provide the applicant and/or owner 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.

      2.   The Commission:

         a.   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.

         b.   The Commission shall provide the applicant and/or owner 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.

         c.   For applications where a decision or recommendation is required by this Title, 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.

      3.   The Board:

         a.   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 zoning ordinance amendments.

         b.   The Board shall provide the applicant and/or owner 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.

         c.   The Board shall adopt resolutions adopting the amendments to the comprehensive plan.

         d.   The Board shall adopt zoning ordinance amendments and within thirty (30) days, publish a summary of the ordinance in the official newspaper of general circulation in the County.

      4.   Hearings Examiner:

         a.   The Hearings Examiner 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.

         b.   The Hearings Examiner shall provide the applicant and/or owner 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 Hearings Examiner is acting as a recommending body, the Hearings Examiner shall forward their recommendation to the Board.

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

(Ord. 1002, 10-28-2025)