09-09-17: APPLICATION PROCEDURES:

   (1)   Processing Applications: The following procedures shall be adhered to in processing applications within the area of city impact:

      A.    Land Use Applications: All land use applications submitted to the county including, but not limited to, conditional use permits, variances and land divisions requiring notification of a public hearing, shall be referred to the city in the same manner as provided for in subsection 09-09-11(3) of this article.

      B.    Substandard Setup; Mobile/Manufactured Homes: Mobile/manufactured homes not set up pursuant to manufacturers' recommendations shall not be allowed in any zone in which the county's zoning ordinance excludes mobile/manufactured homes.

      C.    Temporary Residence; Mobile/Manufactured Home: The county shall receive input from the city on applications for county temporary mobile/manufactured homes. The city's comments shall be given great weight by the county's development services director and the planning and zoning commission, provided they are factually supported. Those comments shall not be binding on the county. The county appellate procedures apply. County approval of a temporary residence described above does not afford the permit holder any nonconforming use or structure grandfather rights status prior to or upon the city's annexation of the parcel.

      D.    Planned Unit Developments: A "planned unit development" shall be defined as it is defined in section 07-02-03: of this code, as amended. Such definition is incorporated by reference herein.

      E.    Subdivision Plat Applications: All subdivision plat applications shall first be directed to the county's development services director. The director shall make a determination whether the planned use conforms to the county's comprehensive plan, zoning designation, and zoning ordinances. If it does conform as an allowed use, the director shall send a letter to the city confirming the same, and for residential developments indicate a minimum lot size. The city shall then review the plat applications and shall render an opinion and recommendation to the county's development services director. Thereafter, the applications shall be reviewed for approval in accordance with the hearing procedures set forth in chapter 7, article 5 of this code in order to determine whether the applications comply with the requirements of the Canyon County subdivision ordinance 1 .

      F.    Nonconforming Uses: If the application does not conform to the county zoning designation as an "allowed use", the applicant may elect to pursue amendments to the county's comprehensive plan and/or zoning map or make application for a planned unit development, all in accordance with procedures outlined in subsection 09-09-11(3) of this article and applicable sections of the county zoning ordinance.

      G.    Subdivision Defined: All land divisions defined as "subdivisions" by county ordinances shall be considered subdivision for the purposes of this article.

   (2)   Planned Unit Developments: All planned unit development applications for development within the area of city impact shall be directed first to the county's development services director for consideration by the county's planning and zoning commission. It shall be referred to the city in the same manner as provided in subsection 09-09-11(3) of this article. When granting an application for a planned unit development/conditional use permit, the commission may attach conditions of approval which include, but are not limited to, the following:

      A.    The types and relative quantities of uses to be permitted;

      B.    The relative quantity and nature of all common areas to be provided as a condition of permit;

      C.    Minimum lot size, if applicable, as a condition of permit.

   (3)   Referral Process: If the planned unit development/conditional use permit is approved, the application shall be forwarded to the city with approval documents indicating the conditions of approval enumerated above. The application shall then be processed as a subdivision plat application pursuant to the procedures outlined in subsection (1)E of this section. All planned unit developments in the city impact area shall be platted.

   (4)   City Impact Area Representation: Recommendations for city impact area representation on the county planning and zoning commission may be made by the city to the board of county commissioners at any time and will be acted upon by said board as the need arises and as they deem appropriate.

   (5)   City/County Internal Procedures: Each party to this referral process shall determine its own internal procedure as may be deemed appropriate and adequate for making recommendations to the other party on proposed actions and on its handling of proposed amendments to its own plan and/or ordinances. Appeals of decisions by each party shall be processed by the party responsible for the decision and in accordance with the internal procedures of that party. (Ord. 01-006, 7-6-2001)