Canyon County,
County Code

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PREFACE

This County Code of Canyon County, as supplemented, contains ordinances and resolutions up to and including Ordinance 19-038, passed August 30, 2019, and Resolution 14-187, passed September 4, 2014. Ordinances and resolutions of the County adopted after said ordinance and resolution supersede the provisions of this County Code to the extent that they are in conflict or inconsistent therewith. Consult the County office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed.

Sterling Codifiers
Coeur d'Alene, Idaho



ADOPTING ORDINANCE







ORDINANCE NO. 96-012

AN ORDINANCE OF CANYON COUNTY, IDAHO, RELATING TO THE CODIFICATION OF THE ORDINANCES OF CANYON COUNTY, IDAHO; PROVIDING FOR TITLE, STRUCTURE, AUTHORITY, PURPOSE CLAUSES; PROVIDING FOR OFFICIAL COUNTY CODE; PROVIDING FOR THE CODIFYING, REVISING, COMPILING OF THE GENERAL ORDINANCES OF CANYON COUNTY, IDAHO AND FOR THE ADOPTION OF THE CANYON COUNTY CODE OF ORDINANCES; PROVIDING FOR OFFICIAL FILING OF CANYON COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ORDAINED by the Board of Commissioners for County of Canyon, Idaho:

Section 1. TITLE.

This Ordinance shall be known and cited as the "Canyon County Code of Ordinances" or "CCCO."

Section 2. STRUCTURE.

Titles and subtitles of this Ordinance are only used for organization and structure and the language in each paragraph of this Ordinance should control with regard to determining the legislative intent and meaning of the Board of County Commissioners.

Section 3. PURPOSE.

The purpose of this Ordinance is to provide for the codifying, revising and compiling of all Ordinances of a general and permanent character of Canyon County, Idaho.

Section 4. AUTHORITY.

This Ordinance is authorized by Idaho Code §§ 31-714, 31-801, 31-828 and Article 12, Section 2 of the Idaho Constitution.






Section 5. OFFICIAL COUNTY CODE.

From and after the date of passage of this Ordinance the Canyon County Code of Ordinances, prepared by Sterling Codifiers, Inc., and hereby approved and accepted shall be the Official Code of all Ordinances of a general and permanent character of the County.

Section 6. PERPETUAL CODIFICATION AND REVISION.

There is hereby adopted, as a method of perpetual codification, the loose leaf type of binding together with continuous supplemental service whereby each newly adopted Ordinance of a general nature, amending, altering, adding to or deleting the provisions of the Canyon County Code of Ordinances is identified by the proper catch line, and to be inserted in the proper place in each of the official copies.

Section 7. OFFICIAL COPY OF CANYON COUNTY CODE OF
ORDINANCES.

At least one (1) official copy of said Canyon County Code of Ordinances shall at all times be on file and available for inspection in the office of the Clerk of the Board of County Commissioners.

Section 8. SEVERABILITY CLAUSE.

Should any provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this Ordinance in whole or in part thereof other than the part so declared to be unconstitutional or invalid.

Section 9. EFFECTIVE DATE.

This Ordinance shall be and is hereby declared to be in full force and effect upon its passage, and approval and publication of the Ordinance as provided by law in one (1) issue of the Idaho Press Tribune.






ADOPTED AND APPROVED this 16th day of July, 1996.

BOARD OF COUNTY COMMISSIONERS
CANYON COUNTY, IDAHO

































Chapter 1 - COUNTY ADMINISTRATION

CHAPTER 1
COUNTY CODE

01-01-01: GENERAL PROVISIONS:


(1) Code's Title: Once this code of ordinances is adopted by ordinance by the board of Canyon County commissioners, it shall be declared to be and shall thereafter constitute the official code of Canyon County. This code of ordinances shall be known and cited as the CANYON COUNTY CODE OF ORDINANCES. Its publication is authorized by the county commission, and the code shall be kept up to date as provided herein. If reference is made to a numbered section of the county code in any legal document, it shall be construed to include also the penalty or general penalty applicable thereto.


(2) Code's Acceptance In The Legal Community: This code in its printed form shall be received in all courts and in administrative tribunals of this state as the ordinances of the county of general and permanent nature, with the exception of any ordinances intentionally excluded herefrom.


(3) Code Amendments: Whenever an ordinance amends this code, that ordinance shall set forth the specific number of the section or sections to be amended. This shall constitute statutory compliance relating to the amendment or revision by ordinance of any part of this code. All amendments or revisions by ordinance shall be prepared for insertion in its proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the code, by the person or persons responsible for that duty. The county clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the clerk. Any person having in his possession a copy of this code shall make every effort to keep that copy in an up-to-date state. That person shall see that new or replacement pages available to him through the office of the county clerk are immediately placed in his copy of the code.


(4) Unlawful Alterations: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. (1996 Code)

01-01-03: SEVERABILITY PROVISIONS:


(1) Repeal Of General Ordinances: All ordinances of the county passed prior to the adoption of this code which are not included in the 1993 county code are hereby repealed. Exceptions would be ordinances which by necessary implication herein are reserved from repeal (subject to the saving clauses contained in the following sections), and also excluded are the following ordinances: appropriation ordinances; bond ordinances; tax levy ordinances; ordinances fixing boundaries and creating annexations; and any ordinance which grants special rights to persons or corporations (such as contract ordinances); street naming or vacating ordinances; election ordinances; ordinances relating to the transfer or acceptance of real estate by or from the county; and all ordinances of a specific nature.


(2) Court Proceedings: With regard to offenses committed under former ordinances which have been repealed by the provisions hereof, a new ordinance shall not affect any offense committed against such former ordinance. Nor shall any penalty, forfeiture or punishment be affected by such repeal, except that all proceedings shall comply with the ordinance in force at the time of such proceeding, as far as practicable. If any penalty, forfeiture or punishment be tempered by any provision of a new ordinance, such provision may, with the consent of the affected parties, be applied to any judgment after the effective date of the new ordinance.

This information shall extend to all repeals, both specifically set out or if implied, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.


(3) Separability: If any word or wording of this code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this code, or any part thereof. The county commission hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1996 Code)

01-01-05: DEFINITIONS; CONSTRUCTION OF WORDS:


(1) Word Construction: Any word in any section of this code signifying the plural number when used to describe or refer to any matter shall be deemed to include the singular number. Any word referred to in this code by the singular number only shall be deemed to include the plural number. If wording indicates the masculine gender, females as well as males and bodies corporate shall be deemed to be included; provided, that this shall not be applied to any wording of this code which contains any express information making this information invalid.

The word "ordinance" contained in the ordinances of the county may have been changed in the content of this code to chapter, article, section or even subsection for clarification purposes only. Such change to county ordinances is not meant to be a wording nor a penalty amendment.


(2) General Definitions:

AGENT: A person acting on behalf of another.

CODE (this code or county code, too): The code of the County of Canyon, State of Idaho.

COUNTY EMPLOYEES: Whenever reference is made in this code to a county employee by title only, this shall be construed as though followed by the words of Canyon County.

FEE: A sum of money charged by the county for the carrying on of a business or endeavor.

INFRACTION: Shall be as defined in the Idaho Code.

LICENSE: Written permission from the county for the carrying on of a business or endeavor.

MISDEMEANOR: Any offense not defined as a felony or infraction under State law1.

NUISANCE: Anything of extreme inconvenience, considered offensive or obnoxious to the inhabitants of the county. Also, any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.

OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OFFICERS: Whenever reference is made in this code to a county officer by title only, this shall be construed as though followed by the words of Canyon County.

OPERATOR: The person who is in charge of any business or endeavor.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.

PERSONAL PROPERTY: Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

RETAILER: Unless otherwise specifically defined, shall be understood to relate to the direct sale of goods, merchandise, articles or things in small quantities to consumers.

RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.

STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such buildings or land, whether alone or with others.

WHOLESALER: The term "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase such items for the purpose of resale.

WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (1996 Code)

01-01-07: GENERAL PENALTY:


(1) Misdemeanors: Any person convicted of a violation of any section or provision of this code which is deemed a misdemeanor may be fined in a sum not to exceed three hundred dollars ($300.00) for the offense and may be confined in jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed; and in addition thereto, any person so convicted shall pay such costs as the court may assess. (1996 Code)


(2) Infractions: When the offense is designated as an infraction by any section or provision of this code or by state law, it is punishable only by a penalty not exceeding one hundred dollars ($100.00) and no incarceration may be imposed. In addition to such penalty, any person so sentenced shall pay such costs as the court may assess. (Ord. 10-002, 4-20-2010)


(3) Applicability:

A. Unless a penalty is specifically otherwise provided, the penalty provisions herein shall be applicable to every section of this code as though it were a part of each and every separate section. A separate offense shall be deemed committed upon each day a required duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code. So, whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this county code and there shall be no fine or penalty specifically declared for such breach, the provisions of this section shall apply.

B. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the Canyon County prosecuting attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty from being enforced. (1996 Code)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: Idaho Code, section 18-111.





CHAPTER 3
COUNTY GOVERNMENT

01-03-01: GENERALLY:

All elected County officials are constitutional officers, elected to specific terms of office and charged to perform the functions and duties of their office as outlined and enumerated in Idaho law. (1996 Code)
01-03-03: BOARD OF COUNTY COMMISSIONERS:


(1) Form; Number; Terms Of Office: Canyon County operates under a commission form of government with three (3) elected Commissioners. The three (3) member Board of County Commissioners is the Governing Body of the County government in Idaho. The Board acts as both the executive branch and the government branch and exercises some quasi-judicial duties and is responsible for all duties not specifically mandated to other elected officials. Two (2) County Commissioners are elected each biennium; one for a two (2) year term and one for a four (4) year term. There shall be one Commissioner elected for each voting district. (Ord. 92-001, 8-31-1992; amd. Ord. 94-001, 1-6-1994)


(2) Meeting Times And Days:

A. Short Title And Purpose: This subsection (2) shall be known as the CANYON COUNTY REGULAR MEETING TIMES ORDINANCE. The Board of County Commissioners has determined that County business requires regular public meetings be held more often than once per month. The purpose of this subsection (2) is to establish days and times for the conduct of County business in accordance with Idaho Code sections 31-710(1) and 74-204. (Ord. 15-014, 7-1-2015)

B. Regular Meeting Times And Places: Regular meetings of the Board of Canyon County Commissioners shall be held Monday through Friday, eight o'clock (8:00) A.M. to five o'clock (5:00) P.M., normally excluding lunchtime, in the Commissioners' meeting room at the Canyon County Courthouse, 1115 Albany Street, Caldwell, Idaho. At times, the Board of County Commissioners may hold lunchtime meetings conducted between twelve o'clock (12:00) noon and one o'clock (1:00) P.M. or including the time between twelve o'clock (12:00) noon and one o'clock (1:00) P.M. and meetings between the hours of five o'clock (5:00) P.M. and six o'clock (6:00) P.M. Monday through Friday.

C. General Topics: The meetings shall commence with routine deliberation and action on documents and expenditures such as, but not limited to, the County warrant register, contracts submitted in the normal course of business, assessor's changes and rebates, licenses, resolutions and ordinances, land use/land division matters, County grant applications, and other matters of County business with the County's department heads and elected officials as shall lawfully come before the Board of County Commissioners. The meetings shall include an executive session, if required, for the purpose of deliberating and deciding medical indigency matters or if otherwise required and authorized by law.

D. Additional Meetings Held During Board Of Equalization: In order to accommodate the Board of Equalization hearings which shall convene at least once in each month up to the fourth Monday of June and from the fourth Monday in June until the second Monday in July, the Board of Canyon County Commissioners will hold additional regular meetings Monday through Friday commencing at eight o'clock (8:00) A.M. in the Commissioners' meeting room at the Canyon County Courthouse, 1115 Albany Street, Caldwell, Idaho, and continuing until the matters then before the Board of County Commissioners have been concluded. Board of Equalization hearings shall also be conducted by the County Commissioners on the fourth Monday of November and shall be completed on or before the first Monday of December except as otherwise provided in Idaho Code section 63-501.

E. Additional Meetings Allowed: The Board of Canyon County Commissioners shall retain the power to call such other meetings as from time to time may be needed as authorized by the Open Meeting Law. (Ord. 09-004, 12-21-2009)

01-03-05: OTHER COUNTY OFFICIALS:


(1) Elected Officials: There shall be such other elected officials for Canyon County as are set by statute. This shall include, but may not be limited to, the following officials whose term of office shall be four (4) years:

County Assessor;
County Clerk;
County Coroner;
County Prosecuting Attorney;
County Sheriff;
County Treasurer.


(2) Appointed Officials: There shall be such other County officials as are from time to time determined necessary for the proper operation of the County's government. (1996 Code)

01-03-07: RESERVED PARKING FOR CANYON COUNTY-ISSUED PERMIT HOLDERS AND UNITED STATES VETERANS:


(1) Reservation Of Parking Spaces: Certain parking spaces, as described below, are hereby reserved in County owned parking lots from the hours of seven o'clock (7:00) A.M. to six o'clock (6:00) P.M., Monday through Friday. These parking spaces are located as shown in this section, and as shown on the maps on file with the Board of County Commissioners.

A. Canyon County-issued permit holders:

1. Twenty two (22) parking spaces located in the parking lot owned by the County on the northeast corner of Albany Street and 12th Avenue, Caldwell, Idaho, labeled as Lot 7 as shown in exhibit A on file in the County;

2. Three (3) parking spaces located in the parking lot owned by the County on the north side of Albany Street and the west side of 12th Avenue, Caldwell, Idaho, labeled as Lot 11 as shown in exhibit A on file in the County;

3. Three (3) parking spaces located in the northwest corner of the parking lot owned by the County south of Albany Street and east of 11th Avenue along the 10th Street overpass, Caldwell, Idaho, labeled as Lot 9 as shown in exhibit B on file in the County;

4. Three (3) parking spaces located in the parking lot owned by the County on the west side of the County Administration Building north of Albany Street, Caldwell, Idaho, labeled as Lot 1 as shown in exhibit B on file in the County;

5. Eight (8) parking spaces located in the parking lot owned by the County on the west side of the County Crime Lab/Coroner's Office south of Belmont Street, Caldwell, Idaho, labeled as Lot 2 as shown in exhibit B on file in the County;

6. Five (5) parking spaces located in the parking lot owned by the County on the north side of Belmont and west of 11th Avenue, Caldwell, Idaho, labeled as Lot 8 as shown in exhibit C on file in the County;

7. Ten (10) parking spaces located in the parking lot owned by the County on the east side of the Elections Building, Caldwell, Idaho, labeled as Lot 3 as shown in exhibit C on file in the County;

8. Fourteen (14) parking spaces located in the parking lot owned by the County on the north and south side of the east sally port on the east side of 11th Avenue, Caldwell, Idaho, labeled as Lot 4 as shown in exhibit D on file in the County;

9. Six (6) parking spaces located in the parking lot owned by the County along the northern side of the west sally port west of 12th Avenue, Caldwell, Idaho, labeled as Lot 5 as shown in exhibit D on file in the County;

10. Three (3) parking spaces located in the parking lot owned by the County on the east side of 12th Avenue directly behind the Problem Solving Courts Building, Caldwell, Idaho, labeled as Lot 6 as shown in exhibit E on file in the County;

11. Three (3) parking spaces located in the parking lot owned by the County on the corner of Chicago Street and the east side of 12th Avenue next to pod 5, Caldwell, Idaho, labeled as Lot 6 as shown in exhibit E on file in the County.

B. United States veterans:

1. Four (4) parking spaces located in the parking lot owned by the County located on the south side of Albany Street and the west side of 12th Avenue, Caldwell, Idaho, labeled as Lot 10 as shown in exhibit F on file in the County.


(2) Violation; Penalty: Violation of this section is hereby declared to be an infraction as defined in Idaho Code section 18-111 and subject to a fine in such amount as prescribed in Idaho Infraction Rules, rule 9, and as such may be amended. The second violation of this section within a year from the date of the first violation is hereby declared to be a misdemeanor as defined in Idaho Code section 18-111 and subject to penalty as provided in Idaho Code section 18-113.


(3) Towing Of Unauthorized Vehicles: Any unauthorized vehicle or vehicle not displaying a Canyon County-issued permit occupying a reserved parking space is subject to being towed at the owner's expense. (Ord. 18-035, 12-17-2018)






CHAPTER 5
CANYON COUNTY PERSONNEL SYSTEM

01-05-01: ESTABLISHED:

There is hereby established the Canyon County personnel system. (Ord. 86-001, 1-20-1986)
01-05-03: PURPOSE:

This article and implementing rules are designed to establish and maintain a uniform at will system of personnel administration for Canyon County. The disciplinary and grievance provisions of the rules established to implement this article are designed to implement a true at will personnel system, including all employment protections guaranteed by law. The purpose of this article is to effect economy and efficiency in the administration of county government, thereby providing for the safety, promoting the health and prosperity, peace and good order, comfort and convenience of the county and the inhabitants thereof, and protecting the property therein. (Ord. 13-015, 9-30-2013)
01-05-05: AUTHORITY:

This personnel article is adopted pursuant to article 18, section 6, and article 12, section 2, of the Idaho constitution and Idaho Code, sections 31-601, 31-602, 31-604, 31-801, 31-802, 31-813, 31-816, 31-817, 31-820, and 31-828. (Ord. 86-001, 1-20-1986)
01-05-07: PERSONNEL SYSTEM RULES:


(1) The board of county commissioners shall have the power and authority to issue rules as necessary for the implementation and maintenance of the Canyon County personnel system.


(2) The "Canyon County Personnel Rules" shall be the official manual of procedures for the operation of Canyon County personnel system. (Ord. 86-001, 1-20-1986; amd. 1996 Code)


(3) Any changes in these rules shall be in writing and shall be adopted only upon a properly noticed and executed resolution of the board of county commissioners. Any change shall be delivered to the employees by the elected official or department administrators prior to the effective date. (Ord. 13-015, 9-30-2013)

01-05-09: ADMINISTRATION OF SYSTEM:


(1) Human Resources Director:

A. The human resources director shall be appointed by the board.

B. The duties of the human resources director shall be specified in the "Canyon County Personnel Rules". (Ord. 13-015, 9-30-2013)

01-05-11: REPEALING CLAUSE AND ITS AFFECT:


(1) Repealer And Recision: Canyon County ordinance 83-009 ("Canyon County personnel ordinance") and the July 10, 1985, and September 17, 1985, resolutions of the Canyon County board of county commissioners (relating to a county employee disciplinary and grievance procedure and selection procedure for a Canyon County personnel hearing officer), be, and the same ordinance is hereby repealed, the resolutions rescinded, and all are replaced with the article set forth herein.


(2) Meaning Or Interpretation: Provisions of this article or the rules implemented hereunder are not to be taken as a statement of intent by the board regarding the meaning or interpretation of any provision of the ordinance (ordinance 83-009, "Canyon County personnel ordinance") being repealed and the July 10, 1985, and September 17, 1985, resolutions of the Canyon County board of county commissioners (relating to a county employee disciplinary and grievance procedure and selection procedure for a Canyon County personnel officer) being rescinded. (Ord. 86-001, 1-20-1986)

01-05-13: SAVING CLAUSE:

The provisions of this article and subsequently adopted rules are hereby declared to be severable. If any provision of this article and subsequently adopted rules or application of such provisions to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portion of this article or subsequently adopted rules. (1996 Code)





CHAPTER 7
FINANCIAL REGULATIONS

01-07-01: COUNTY ADMINISTRATIVE FEES:


(1) Motor Vehicle Licensing Fees1:

A. Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of the county and the inhabitants thereof by fixing reasonable fees for certain county gratuitous services. This subsection will alleviate the proper tax burden of financing said services by substituting reasonable fees to finance services, the county will shift most of the burden for said services from the general populace to the user of the service.

B. Fees Set: In the motor vehicle divisions of the county assessor's office, there shall be set and collected the following fees:

1. An administrative fee of two dollars fifty cents ($2.50) for the handling of motor vehicle licensing.

2. A vehicle identification number (VIN) inspection fee of three dollars ($3.00).

3. For inquiries regarding registrations and titles there shall be a fee of four dollars ($4.00) per vehicle registration or title.

4. When a transfer of ownership arises, a penalty of twenty dollars ($20.00) for presentation of a previously issued certificate of title shall be assessed against the new owner when the presentation for transfer of title occurs more than thirty (30) days after the vehicle was transferred. (Ord. 81-008, 6-23-1981; amd. Ord. 83-011, 12-22-1983, eff. 1-1-1984; Res. dated 5-20-1988; Res. dated 4-25-1989; 1996 Code)

C. Reservation Of License Plate Numbers: Pursuant to Idaho Code 49-443(2), license plates and their corresponding numbers shall be valid for a period of seven (7) years beginning with the date of issuance of new plates.

The Idaho Transportation Department will have a plate number reservation program beginning prior to the 1999 plate issue for a limited plate number sequence.

1. Individuals desiring to reserve their license plate numbers must submit the reservation of license plate number application form to the Motor Vehicle Division of the Canyon County Assessor's office during the open reservation period established by the Idaho Department of Transportation.

2. The following fees must be included with the reservation of license plate number application form: the license plate number reservation fee shall be three dollars ($3.00) and the license plate mailing fee shall be two dollars twenty five cents ($2.25). (Ord. 98-001, 2-18-1998)


(2) County Tax Deed Property Redemption Fee:

A. Statutory Authority: This subsection is authorized by Idaho Code 31-714, 31-828 and 31-870.

B. Purpose: The purpose of these provisions is to promote the public health, safety and general welfare for the citizens of Canyon County by fixing a fee to be paid by tax deed redemptioners when said redemptioners redeem property issued to the county by tax deed after the time the county has advertised said property for auction sale. The fee required by this Article will be used to defray the advertising and administrative costs incurred in placing county property up for auction sale. The fee required by this Article is to be charged in addition to the redemption fees required by Idaho Code 63-1124.

C. Service Fee: There shall be a service fee of twenty five dollars ($25.00) to be paid by all redemptioners of county tax deed property when said property is redeemed after the county has advertised said property for auction sale.

This service fee shall not apply to a redemptioner who redeems county tax deed property prior to the county advertising said property for auction sale. (Ord. 81-008, 6-23-1981; amd. Ord. 83-011, 12-22-1983, eff. 1-1-1984; Res. dated 5-20-1988; Res. dated 4-25-1989; 1996 Code)


(3) Fees For Warrants Of Distraint:

A. Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of the county and the inhabitants thereof by fixing a reasonable fee to be paid for the issuance of warrants of distraint as allowed by Idaho Code section 63-1013. The fee required by this section shall be used to defray the costs of preparing the warrants of distraint and various administrative actions involved in the collection of property pursuant to the warrants, which costs exceed the sum for the fee adopted herein. (Ord. 11-004, 3-16-2011)

B. Treasurer's Administrative Fee: There shall be an administrative fee of ten dollars ($10.00) added to all warrants of distraint issued by the Canyon County treasurer, which fee is to be recovered from the sums collected by the sheriff and forwarded to the treasurer.

C. Sheriff's Fees: Additional fees for services provided by the sheriff will also be collected, as applicable, as provided in Idaho Code section 31-3203 or a resolution adopted pursuant to that section. (Ord. 15-019, 10-15-2015)

01-07-03: TAXATION PROVISIONS:


(1) Exemption For All Unimproved Real Property Within The Nampa Fire Protection District From Taxation For That District:

A. Authorization: This subsection (1) is authorized by Idaho Code 31-714, 31-801, 31-828 and 31-1422.

B. What Is Exempted: Upon the application, recommendation, and request of the board of commissioners of the Nampa fire protection district, a governmental subdivision of Canyon County, Idaho, and after notice of intent to adopt this article was accomplished in conformity with Idaho Code 67-6511(b), only the following categories of real property within the Nampa fire protection district shall be exempt from the annual ad valorem levy of said Nampa fire protection district:

Category 01   Irrigated agricultural  
Category 02   Irrigated pasture  
Category 03   Nonirrigated agricultural  
Category 04   Irrigated meadow  
Category 05   Dry grazing  

Furthermore, each category of property shall be treated uniformly under this article pursuant to Idaho Code 31-1422(2). (Ord. 81-002, 12-2-1980, eff. 12-10-1980; amd. Ord. 82-001, 12-14-1982, eff. 1-1-1983; Ord. 85-001, 6-25-1985; Ord. 93-004, 12-27-1993)


(2) Mobile Home Assessments; Stickers:

A. Authorized: This subsection (2) is authorized by Idaho Code 31-714 and 31-828.

B. Purpose: The purpose of this article is to promote the public health, safety, general welfare, peace and good order of the county and the inhabitants thereof by requiring the affixation of a mobile home registration sticker on mobile homes in a visible place. Said affixation requirement will facilitate identification of the mobile homes for taxing purposes and will help ensure that each mobile home owner properly registers his/her mobile home.

C. Stickers Provided By Assessor: The county assessor of Canyon County, or his deputy, having assessed a mobile home located in Canyon County shall, after first assessing said mobile home, and once every three (3) years thereafter, affix to said mobile home, or furnish to the owner or occupant of said mobile home for affixing, a mobile home registration emblem or sticker, which emblem or sticker shall be printed and furnished at county cost and said emblem or sticker shall be affixed so that it is visible from the public roadway. Said emblem or sticker shall be used to facilitate identification of mobile homes for taxing purposes.

D. Exception: The emblem or sticker addressed by this article shall only be required for mobile homes that are not currently considered to be real property as provided for in Idaho Code 63-304.

E. Penalty: Except as provided for in subsection (2)D of this section, it shall be unlawful and punishable as a misdemeanor by fine of not to exceed three hundred dollars ($300.00) or by imprisonment in the county jail of not to exceed six (6) months, or of both such fine and imprisonment for any person to occupy or own a mobile home in Canyon County for a continuous period in excess of seventy two (72) hours without having displayed, as described in subsection (2)C of this section, the emblem or sticker described in subsection (2)C of this section, after said emblem or sticker has been provided to the person who owns or occupies said mobile home. (Ord. 00-004, 5-26-2000)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: Prior ordinance relating to these fees: Ord. 81-001, 10-9-1980, eff. 10-14-1980.





CHAPTER 9
INITIATIVES AND REFERENDUMS

01-09-01: GENERAL REGULATIONS:


(1) Short Title: This Article shall be known as the INITIATIVE AND REFERENDUM PROCEDURES ORDINANCE.


(2) Structure: Titles and subtitles of this Article are only used for organization and structure and the language in each paragraph of this Article should control with regard to determining the legislative intent and meaning of the Board of County Commissioners.


(3) Purpose: The purpose of this Article is to provide a procedure by which the people of Canyon County may enact ordinances through the initiative process and repeal ordinances through the referendum process, according to law.


(4) Authority: This Article is authorized by Idaho Code 31-714, 31-717, 31-801, and 31-828 and article 12, section 2 of the Idaho constitution.


(5) Repealer: On the effective date of this Article, the current Chapter 1, Article 9 of this Code shall be repealed and replaced with this Initiative and Referendum Procedures Ordinance.


(6) Interpretation: Nothing within the terms and language of this Article should be considered or interpreted to allow for procedures herein to divest or otherwise interfere with the normal powers and duties of the Board of County Commissioners regarding their right to adopt or repeal any ordinance pursuant to state law; nor shall the language of this Article be considered or interpreted to allow for the violation of substantive or procedural requirements of state law or the Idaho constitution. (Ord. 98-005, 4-28-1998)

01-09-03: DEFINITIONS:

INITIATIVE: The right of the people at an election to adopt, amend or repeal a county ordinance.

REFERENDUM: The right of the people at an election to approve or reject a county ordinance adopted by the Board of County Commissioners. (Ord. 98-005, 4-28-1998)
01-09-05: NUMBER OF PETITIONERS REQUIRED:

Petitioners for initiative or referendum shall be equal to twenty percent (20%) of the qualified electors voting in the county in the last general election. (Ord. 98-005, 4-28-1998)
01-09-07: PETITION REQUIREMENTS:


(1) Form Of Petition:

A. Initiative Petition: The initiative petition shall be in substantially the following form:

THIS INITIATIVE (OR REFERENDUM as the case may be) PETITION IS BEING CIRCULATED BY A PAID SIGNATURE GATHERER. THE SIGNATURE GATHERER IS EMPLOYED BY OR HAS CONTRACTED WITH.........., THE MAIN OFFICE OR HEADQUARTERS OF WHICH IS LOCATED AT (city and state). (In Bold Red Type)

Or

THIS INITIATIVE (OR REFERENDUM as the case may be) PETITION IS BEING CIRCULATED BY AN UNPAID VOLUNTEER. (In Bold Red Type)

WARNING
    It is a felony for anyone to sign any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a qualified elector.


    Initiative Petition to the Canyon County Commissioners. We the undersigned citizens and qualified electors of Canyon County, State of Idaho, respectfully demand that the following proposed ordinance, to wit (setting out the full text of the measure proposed) shall be submitted to the qualified electors of Canyon County, State of Idaho, at an election to be held on day of , 19 , and each for himself says: I have personally signed this petition; I am a qualified elector of Canyon County, my residence and post office are correctly written after my name.
    Signature Printed Name Residence City or State Street & Number Post Office

(Here follow numbered lines for signatures)

B. Referendum Petition: The petition for referendum on any ordinance passed by the Canyon County Commissioners shall be in substantially the same form as the initiative petition with appropriate title and changes, setting out in full the text of the ordinance to be subject to referendum.


(2) Time For Filing Petitions:

A. For Referendum: Initial petitions for referendum containing not fewer than twenty (20) signatures of qualified electors of the county shall be filed not less than thirty (30) days following the final publication of the ordinance to be subject to referendum as provided in Idaho Code 31-717. After the initial filing of the petition, the provisions of subsection (3) of this Section shall apply. Completed petitions, with the requisite number of signatures, shall be filed with the county Clerk not more than one hundred eighty (180) days after the date of approval of the form in subsection (3)D of this Section.

B. Initial And Completed Petitions For Initiative: Initial petitions for the initiative shall contain not fewer than twenty (20) signatures of qualified electors of the county. Completed petitions, with the requisite number of signatures for initiative, shall be filed with the county Clerk not more than one hundred eighty (180) days after the date of approval of the form in subsection (3)D of this Section.


(3) Certificate Of Review:

A. Before beginning to circulate any petition for an initiative or for a referendum on any ordinance passed by the Board of County Commissioners, the person or persons or organization or organizations under whose authority the measure is to be initiated or referred shall send or deliver to the county Clerk a copy of such petition duly signed by at least twenty (20) qualified electors of the county which shall be filed by said officer in his office, and who shall immediately transmit a copy of the petition to the Prosecuting Attorney for the issuance of the certificate of review as provided in Idaho Code 34-1809.

B. After reviewing a copy of the petition from the county Clerk, the Prosecuting Attorney may confer with the petitioner and shall, within ten (10) working days from receipt thereof, review the proposal for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the Prosecuting Attorney shall be advisory only and the petitioner may accept or reject them in whole or in part. The Prosecuting Attorney shall issue a certificate of review to the county Clerk certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations.

Within fifteen (15) working days after the issuance of a certificate of review, the petitioner, if he desires to proceed with his sponsorship, shall file the ballot measure with the county Clerk for assignment of a ballot title. Other requirements shall be as provided in Idaho Code 34-1809.

C. Preparation of the ballot title by the Prosecuting Attorney shall be as prescribed in Idaho Code 34-1809.

D. After the form of the initiative or referendum petition has been approved by the county Clerk, the petition shall be printed by the person or persons or organization or organizations under whose authority the measure is to be initiated or referred and circulated in the county for the signatures of legal voters. The above requirements are pursuant to Idaho Code 31-717(6)(a_d).


(4) Verification Of Signatures: Verification of petition and signatures shall be as prescribed in Idaho Code 34-1807. Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the following form, by the person who circulates said sheet of said petition, by his/her affidavit thereon, and as a part thereof:

State of Idaho
ss.
County of Canyon

I, being first duly sworn, say: That I am a qualified elector of Canyon County, the State of Idaho: that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence: I believe that each has stated his or her name, post office address and residence correctly, that each signer is a qualified elector and a resident of the County of Canyon, Idaho.

Signed
Post Office Address

Subscribed and sworn to before me this day of
19 .

(Notary Seal)Notary Public
Residing at


(Ord. 98-005, 4-28-1998)

01-09-09: EXAMINATION, REMOVAL AND CERTIFICATION OF SIGNATURES:


(1) The county Clerk shall, within sixty (60) calendar days of the deadline for the submission of the signatures, verify the signatures contained in the petition.


(2) The signer of any initiative or referendum petition may remove his or her own name from the petition by crossing out, obliterating or otherwise defacing his or her own signature at any time prior to the time the petition is presented to the county Clerk for signature verification.


(3) The signer of any initiative or referendum petition may have his or her name removed from the petition at any time after presentation of the petition to the county Clerk but prior to verification of the signature, by presenting or submitting to the county Clerk a signed statement that the signer desires to have his or her name removed from the petition. The statement shall contain sufficient information to clearly identify the signer. The county Clerk shall immediately strike the signer's name from the petition and adjust the total of certified signatures on the petition accordingly. The statement shall become attached to, and become a part of the initiative or referendum petition.


(4) Any person who circulates any petition for an initiative or referendum shall be a qualified elector of Canyon County, Idaho. Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the form prescribed by subsection 01-09-07(4) of this Article.

In addition to said affidavit, the county Clerk shall carefully examine said petitions and shall attach to the signature sheets a certificate.

State of Idaho
ss.
County of Canyon

I, , County Clerk of Canyon, do hereby certify that signatures on this petition are those of qualified electors.
Signed
County Clerk or Deputy

(Seal of office)

The forms herein given are not mandatory and if substantially followed in any petition, it shall be sufficient, disregarding clerical and merely technical error.

Any petition upon which signatures are obtained by a person not a qualified elector of Canyon County, Idaho, shall be void. (Ord. 98-005, 4-28-1998)

01-09-11: ELECTION:


(1) Upon final certification of the petition, the county Clerk shall order an election to be held pursuant to Idaho Code 34-106.


(2) A special election for initiative or referendum shall be held on the nearest of the following dates which falls more than forty five (45) days after the county Clerk orders that such initiative or referendum election shall be held:

A. The first Tuesday in February;

B. The fourth Tuesday in May;

C. The first Tuesday in August;

D. The Tuesday following the first Monday in November.


(3) If the petition is for a referendum, the Canyon County Commissioners shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event the Commissioners repeal the ordinance, no election shall be held.


(4) If the petition is for an initiative petition, the Canyon County Commissioners shall have thirty (30) days to pass an ordinance as proposed by the petition. In the event the Commissioners pass such an ordinance, no election shall be held.


(5) In the event the Canyon County Commissioners neither repeal the ordinance which is the subject of a referendum petition, nor enact an ordinance which is the subject of an initiative petition, a county-wide election shall be held pursuant to subsection (2) of this Section.


(6) Any initiative measure shall take effect and become a law when it is approved by a majority of the votes cast thereon, and not otherwise.


(7) If a referendum measure, referred to the people in the county, is rejected by a majority vote, such ordinance referred to in the measure shall be null and void. (Ord. 98-005, 4-28-1998)

01-09-13: SEVERABILITY:

Should any action or provision of this Article be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this Article as a whole or in part thereof other than the part declared to be unconstitutional or invalid. (Ord. 98-005, 4-28-1998)
01-09-15: EFFECTIVE DATE:

This Article shall be in full force and effect upon its passage, approval, and publication, as provided by law, in one issue of the Idaho Press-Tribune. (Ord. 98-005, 4-28-1998)





CHAPTER 11
INDUSTRIAL DEVELOPMENT CORPORATION

01-11-01: CREATION; NAME:


(1) Canyon County (the "county") does hereby create a public corporation to carry out the purposes of the act. This article shall not be construed to limit or restrict the purposes of the act1, but shall be liberally construed to effect such purposes.


(2) The name of the public corporation shall be the industrial development corporation of Canyon County (the "corporation"). (Ord. 83-005, 6-30-83, eff. 7-6-83)

01-11-03: BOARD:


(1) Members; Term: The board of directors of the corporation (the "board") shall be comprised of five (5) residents of the county appointed by the board of county commissioners. Of the members first appointed, one member shall serve for a term of one year, two (2) members for a term of two (2) years, and two (2) members for a term of three (3) years. Thereafter, upon expiration of a term of appointment, each member shall be appointed to a three (3) year term. If a vacancy occurs during an unexpired term, the board of county commissioners shall appoint a member who shall also be a resident of the county to serve the remainder of the unexpired term. A majority of the members of the board of directors shall constitute a quorum, and the approval of a majority of a quorum shall be necessary for the board to take any action.


(2) Officials Of Board; Conduct Of Business: The affairs of the corporation shall be conducted and carried out by the board. The board shall elect officers from among its own members. Such officers shall be elected at the initial meeting of the board in each calendar year, shall serve until their successors have been duly elected, and shall include a president and a secretary and may include a vice president and an assistant secretary. The board may elect such other officers as it shall from time to time determine to be necessary or desirable. The board shall adopt bylaws and/or rules and regulations governing the election of officers, the power and duties of such officers, the filling of vacancies in offices, the scheduling, giving notice of, and conduct of meetings, and the conduct of the corporation. Such bylaws, rules and regulations may be amended from time to time by the board, provided that any such amendments shall be consistent with the provisions hereof.


(3) Members Serve Without Compensation: Members of the board shall serve without compensation but with reimbursement of expenses as may be provided in the bylaws, rules and regulations of the board, all such reimbursements to be paid from fees paid by applicants. (Ord. 83-005, 6-30-83, eff. 7-6-83)

01-11-05: POWERS AND LIMITATIONS:

The corporation shall have all the powers granted by the act. Such powers shall include, without limitation, all powers set forth in the charter. (Ord. 83-005, 6-30-83, eff. 7-6-83; 1996 Code)
01-11-07: CHARTER:

A charter (the "charter") is hereby issued by the county to the corporation. The charter grants to the corporation all powers authorized by the act. A copy of the charter is attached to Ordinance 83-005 as Exhibit A and is incorporated herein by reference as fully as if set forth at length herein. The charter is hereby approved pursuant to section 50-2703(1) of the act. The charter may be amended from time to time by the board of county commissioners. The existence of the corporation commences at the time the enactment of this article becomes effective. (Ord. 83-005, 6-30-83, eff. 7-6-83)
01-11-09: CONFLICTS OF INTEREST:

No director, officer, agent, employee or official of the corporation shall have a direct or indirect financial interest in any property to be included in or any contract for property, service or materials to be furnished or used in connection with any industrial development facility financed through the corporation. (Ord. 83-005, 6-30-83, eff. 7-6-83)
01-11-11: CORPORATION BUSINESS DEALINGS:

The county may not give or lend any money or property in aid of the corporation except as expressly authorized by the act. This provision shall not preclude the county from dealing with the corporation on an arms-length basis. (Ord. 83-005, 6-30-83, eff. 7-6-83)
01-11-13: EARNINGS OF THE CORPORATION:

Any net earning of the corporation beyond those necessary for retirement of indebtedness incurred by it and those necessary for reimbursement of expenses to its directors and as provided by this article, shall inure annually, at the end of the corporation's fiscal year as fixed by the board of directors, to the county and not for the benefit of any other person. Alteration of the charter of or dissolution of or audits of the corporation shall be as provided by the act and by subsequent ordinances of the county. Upon dissolution of the corporation, title to all property owned by the corporation shall vest in the county. (Ord. 83-005, 6-30-83, eff. 7-6-83)


Footnote 1: Title 50, chapter 27, Idaho Code.





CHAPTER 13
MEDICAL INDIGENCY HEARING PROCEDURES

01-13-01: TITLE, STRUCTURE, PURPOSE, AUTHORITY:


(1) Short Title: This Article shall be known as the CANYON COUNTY MEDICAL INDIGENCY HEARING PROCEDURES ORDINANCE.


(2) Structure: Titles and subtitles of this Article are only used for organization and structure and the language in each paragraph of this Article should control with regard to determining the legislative intent and meaning of the Board.


(3) Purpose: The purpose of this Article is to provide a procedure by which the Board shall conduct hearings in medical indigency matters which, by federal, state or county law, require the receipt of evidence, whether a testimony, documents or otherwise, and a response from the Board in the form of a written decision based on the record. Any conflict between this Article and state law, particularly title 31, chapter 35, Idaho Code, shall be resolved in favor of state law.


(4) Authority: This Article is authorized by Idaho Code sections 31-714, 31-801 and 31-828 and article 12, section 2 of the Idaho Constitution. (Ord. 97-009, 4-28-1997)

01-13-03: DEFINITIONS:

For purposes of this Article, words shall have the following meanings:

APPELLANT: The person or entity seeking a decision from the Board.

APPLICANT: The person or entity originally applying for Medical Indigency Assistance from Canyon County.

BOARD: The Board of Canyon County Commissioners.

LEGAL REPRESENTATION: Attorneys appearing on behalf of an interested person.

RESPONDENT: The representative from the Canyon County Welfare Department.

STAFF: Any Canyon County officer or employee present during the hearing. (Ord. 97-009, 4-28-1997)
01-13-05: SUBMISSION OF POTENTIAL WITNESS LIST AND EXHIBITS:

Each party in a medical indigency case shall file with the Board a list of potential witnesses they may call and copies of all exhibits they may introduce into evidence at the hearing. The list and exhibits must be filed and lodged with the Board five (5) calendar days prior to the hearing. Failure to comply with this Section may result in the exclusion of the applicable documents, evidence or witnesses. The Board may grant exception to this requirement upon good cause shown. (Ord. 97-009, 4-28-1997)
01-13-07: SUBMISSION OF A HEARING BRIEF AND PROPOSED DECISION:

The County encourages any interested party to a medical indigency hearing before the Board to submit a hearing brief containing a synopsis of the matter and legal foundation and arguments. Hearing briefs should not exceed ten (10) pages. The parties are also encouraged to submit a proposed decision (including findings of fact and conclusions of law, if applicable). Any brief, argument or proposed decision must be received by and lodged with the Clerk of the Board prior to commencement of the hearing. (Ord. 97-009, 4-28-1997)
01-13-09: CONDUCT OF HEARING:

In accordance with Idaho Code section 31-3505E, as amended, the Board shall hold a medical indigency hearing on an appeal of the Board's initial determination within seventy five (75) days of receipt of the notice of appeal. Medical indigency hearings before the County officials shall be conducted in general conformance with the following procedure:


(1) Generally: The Board or its designee may limit testimony and scope of the hearing as necessary. The Board, or its designee, if any, may at any time during the hearing freely inquire of anyone at the hearing, including staff. The Board desires to conduct hearings in a less formal setting rather than follow a rigid, trial-style procedure. An interested party may have legal representation at the hearing.


(2) Staff Report: The staff or respondent shall briefly review the proceedings in the particular case culminating in the hearing pending before the Board.


(3) Opening Statements: Any party may make a brief opening statement commencing with the appellant(s)/applicant(s) and followed by the respondent(s).


(4) Applicant/Appellant: The applicant(s)/appellant(s) bear the initial burden of proof and shall be allowed an opportunity to present testimony, documents, and other evidence which supports their position. An applicant/appellant may be represented by counsel.


(5) Respondent: When the applicant(s)/appellant(s) have concluded their case, the respondent shall be provided an opportunity to present any further testimony, documents, or other evidence.


(6) Applicant/Appellant Rebuttal: When the respondent has concluded its case, if any, the applicant(s)/appellant(s) shall be allowed a brief period for rebuttal. (Ord. 97-009, 4-28-1997)

01-13-11: RECORD:

The Board determines the admissibility into the record of any testimony, documents or evidence presented by the parties. The briefs of the parties shall become part of the record as shall any documents or evidence admitted at the medical indigency hearing, and all testimony given at the hearing. At the conclusion of the medical indigency hearing the Board shall close the record unless the Board determines in its discretion additional evidence and/or briefing is required, in which event, it may proceed as follows: close the record with the exception of allowing the submission of specifically requested information, leave the entire record open for the submission of additional evidence and/or briefing to a date certain at which time it will automatically be closed without further action of the Board, or continue the hearing to a date certain for the purpose of receiving additional evidence and/or briefing and conducting such further proceedings as may, in its discretion, be advisable. The Board may not continue the medical indigency hearing or leave the record open for more than forty five (45) days unless mutually stipulated by the Board and the applicant(s)/appellant(s). (Ord. 97-009, 4-28-1997)
01-13-13: REOPENING THE RECORD:

Prior to issuing a written decision, the Board may, in accordance with Idaho Code section 31-3505E, for good cause demonstrated, reopen the record for the purpose of receiving additional evidence and/or briefing. An interested party may seek to reopen the record by filing a timely motion to reopen the proceedings containing information therein to demonstrate good cause and paying any costs which will be incurred by the County to comply with applicable law. The Board shall decide an applicant/appellant's motion to reopen the record within five (5) working days of the receipt thereof. The Board may, within the time allowed herein, reopen the record for good cause on its own motion. If the Board determines to reopen the record, it shall thereafter comply with applicable law, if any, governing notice and hearings. (Ord. 97-009, 4-28-1997)
01-13-15: DECISION BY THE BOARD:

When the record has been closed, the Board may issue a decision or take the matter under advisement for the purpose of deliberating towards a decision based on the record. The Board shall render a written decision within thirty (30) days of the conclusion of the hearing as required by Idaho Code section 31-3505E, as amended. (Ord. 97-009, 4-28-1997)
01-13-17: SEVERABILITY CLAUSE:

Should any action or provision of this Article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Article as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 97-009, 4-28-1997)
01-13-19: APPLICABILITY:

This Article shall apply to any matter currently pending for which no hearing has been held and to all other qualifying matters hereafter considered by the Board. (Ord. 97-009, 4-28-1997)
01-13-21: EFFECTIVE DATE:

This Article shall be in full force and effect upon its passage, approval, and publication, as provided by law, in one issue of the Idaho Press-Tribune. (Ord. 97-009, 4-28-1997)





CHAPTER 15
CANYON COUNTY PERSONNEL HEARING PROCEDURES


(Rep. by Ord. 05-008, 3-14-2005)




Any pending matter, as hereafter defined, shall proceed to conclusion under the Canyon County personnel rules in effect prior to the effective date hereof. The term "pending matter" is defined as a signed written complaint or signed written grievance which a Canyon County employee has provided to the Canyon County commissioners, the Canyon County prosecuting attorney, the Canyon County sheriff, the Canyon County treasurer, the Canyon County clerk, the Canyon County assessor, the Canyon County coroner, the Canyon County human resources director, the trial court administrator for the third judicial district of the state of Idaho or the Canyon County cooperative extension office chair which has not been concluded under the Canyon County personnel rules in effect prior to March 21, 2005.







CHAPTER 17
LAND USE/LAND DIVISION HEARING PROCEDURES

01-17-01: TITLE; STRUCTURE; PURPOSE; AUTHORITY:


(1) Short Title: This article shall be known as the LAND USE/LAND DIVISION HEARING PROCEDURES ORDINANCE.


(2) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(3) Purpose: The purpose of this article is to provide a procedure which the presiding party shall follow in order to conduct land use/land division hearings which by federal, state, or county law require the receipt of evidence, whether testimony, documents, or otherwise, and a response from the presiding party in the form of a written decision based on the record.


(4) Authority: This article is authorized by Idaho Code sections 31-714, 31-801 and 31-828 and article 12, section 2 of the Idaho constitution. (Ord. 97-022, 8-1-1997)

01-17-03: DEFINITIONS:

For purposes of this article, words shall have the following meanings:

APPLICANT/APPELLANT: The person or entity seeking a decision from the commission, board or hearing examiner.

BOARD: The board of Canyon County commissioners.

COMMISSION: The planning and zoning commission of Canyon County, Idaho.

COUNTY: Canyon County, Idaho.

HEARING EXAMINER: The county employee or an independent contractor conducting hearings instead of the planning and zoning commission, pursuant to the authority granted by Idaho Code section 67-6520 of the local land use planning act of 1975 and section 07-03-07 of this code.

HEARING OFFICER: The person who may preside over planning and zoning commission hearings and serve as a presiding officer applying the procedural functions established by chapter 7 of this code as amended and this article.

PRESIDING PARTY: This term includes the board, commission, hearing examiner or hearing officer.

STAFF: Any Canyon County officer or employee present during the hearing. (Ord. 97-022, 8-1-1997; amd. Ord. 05-002, 1-19-2005)
01-17-05: SUBMISSION OF A PROPOSED DECISION:

The board encourages any interested party in a hearing before the presiding party to submit a brief synopsis of the matter, argument, and a proposed decision (including findings of fact and conclusions of law, if applicable). Any synopsis, argument or proposed decision must be received by and lodged with the presiding party prior to commencement of the hearing. Failure to submit documents contemplated hereunder shall not prejudice an interested party. (Ord. 97-022, 8-1-1997)
01-17-07: CONDUCT OF HEARING:

Hearings before the presiding party shall be conducted in general conformance with the following procedure:


(1) Generally: The presiding party may limit testimony and scope of the hearing as necessary. The presiding party may at any time freely inquire of anyone at the hearing including staff.


(2) Report: Hearings before the presiding party shall commence with a report from staff. The report may be written or oral at the pleasure of the presiding party, and may include testimony from witnesses. The report shall contain recommendations and a proposed decision for the presiding party to review, including the proposed findings of fact and conclusions of law in a form directed by the presiding party for such matters, if any. The presiding party shall not be bound by the recommendations of staff.


(3) Applicant/Appellant Comments: At the conclusion of staff's comments, if any, the applicant/appellant, and those favoring the applicant/appellant's position shall be allowed an opportunity to present testimony, and other evidence which supports his/her position. An applicant/appellant may be represented by counsel. Except as provided in subsection (5) of this section, at the presiding party's discretion, testimony for and against an application may be presented in rotating order.


(4) Opponent And General Comments: When the applicant/appellant has concluded his or her comments, those opposing the applicant/appellant's position or having general questions shall be provided an opportunity to present testimony, documents, or other evidence refuting the other evidence presented on behalf of the applicant/appellant.


(5) Applicants/Appellant Rebuttal: When the opponents, if any, have all concluded their comments, the applicant/appellant shall be allowed a brief period for rebuttal. (Ord. 97-022, 8-1-1997)

01-17-09: RECORD:

The staff report shall automatically become part of the record as shall any documents submitted by the applicant/appellant or any opponents, as shall all testimony given at the hearing. At the conclusion of the hearing, the presiding party shall close the record unless the presiding party determines, in its discretion, additional evidence is required, in which event, it may proceed as follows:


(1) Close the record with the exception of allowing the submission of specifically requested information; or


(2) Leave the entire record open for the submission of additional evidence to a date certain at which time it will automatically be closed without further action of the presiding party; or


(3) Continue the hearing to a date certain for the purpose of receiving additional evidence and conducting such further proceedings as may, in its discretion, be advisable. (Ord. 97-022, 8-1-1997)

01-17-11: REOPENING THE RECORD:

Prior to issuing a written decision, the presiding party may, for good cause demonstrated, reopen the record for the purpose of receiving additional evidence. An interested party may seek to reopen the record by filing a timely motion to reopen the proceedings containing information therein to demonstrate good cause and paying any costs which will be incurred by the county to comply with applicable law. The presiding parties shall decide an applicant/appellant's motion to reopen the record within five (5) days of the receipt thereof. The presiding party may, within the time allowed herein, reopen the record for good cause on its own motion. If the presiding party determines to reopen the record, it shall thereafter comply with applicable law, if any, governing motions and hearings. (Ord. 97-022, 8-1-1997)
01-17-13: DECISION BY PRESIDING PARTY:

When the record has been closed, the presiding party shall take the matter under advisement for the purpose of deliberating toward a decision on the record. After deliberating, the presiding party may then immediately render a written decision complying with applicable law or may continue the matter to a date and time certain for further deliberation and decision. Provided if the matter is continued, the presiding party shall render a written decision within thirty (30) days, unless a shorter period is provided by law, in which case the shorter period shall apply. The commission and the board shall deliberate and make decisions at meetings which comply with the open meetings law, Idaho Code section 74-201 et seq., as may be amended from time to time. The conduct of the hearing examiner and hearing officer are not governed by the open meetings law. (Ord. 15-014, 7-1-2015)
01-17-15: SEVERABILITY CLAUSE:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 97-022, 8-1-1997)
01-17-17: APPLICABILITY:

This Article shall apply to any matter currently pending for which no hearing has been held and to all other qualifying matters hereafter considered by the presiding party. (Ord. 97-022, 8-1-1997)
01-17-19: EFFECTIVE DATE:

This Article shall be in full force and effect upon its passage, approval, and publication, as provided by law, in one issue of the Idaho Press-Tribune. (Ord. 97-022, 8-1-1997)





CHAPTER 19
COUNTY FAIR ADVISORY BOARD

01-19-01: DESIGNATION AS ADVISORY BOARD AND PURPOSE:

The board shall be a body advisory to the board of county commissioners, and shall have as its purpose the provision of nonbinding advice to the fair director or board of county commissioners concerning the operation and administration of the fair and other uses of the fair's facilities and grounds. (Ord. 15-022, 12-10-2015)
01-19-03: MEMBERSHIP:


(1) Membership on the fair advisory board is set at seven (7) voting members representing, as nearly as possible, the various industries and localities of Canyon County.


(2) Each fair advisory board member shall serve at the pleasure of the board of county commissioners, with appointment terms of four (4) years each.


(3) Members shall serve without pay, but may be reimbursed by the county for reasonable expenses incurred in connection with their duties. (Ord. 15-022, 12-10-2015)

01-19-05: RULES, OFFICERS, MEETINGS:


(1) The fair advisory board shall maintain rules of procedure and bylaws governing its internal process for approval by the board of county commissioners.


(2) The fair advisory board shall elect officers from among its members at the first meeting of the advisory board in each calendar year. A chairperson, vice chairperson, secretary, and treasurer shall be appointed. Other positions may be appointed at the discretion of the fair advisory board. The chairperson shall preside at meetings, and the vice chairperson shall perform such duties in the absence of the chairperson. The director may serve as treasurer and secretary. The treasurer shall maintain communication with the county controller and board of county commissioners as to budgetary matters, and the secretary shall produce minutes of each meeting and perform related tasks.


(3) The fair advisory board shall convene at least twelve (12) times per year. Special meetings may be called from time to time by the fair director, chairperson, or board of county commissioners. All meetings of the fair advisory board shall be subject to Idaho's open meetings law, Idaho Code sections 74-201 through 74-208, and as may be amended from time to time. (Ord. 15-022, 12-10-2015)

01-19-07: POWERS AND DUTIES:

The fair advisory board shall have those powers and perform those duties assigned by the board of county commissioners not inconsistent with those contemplated by Idaho Code section 22-204 or its authority as an advisory body. (Ord. 15-022, 12-10-2015)





CHAPTER 21
COUNTY GUN RANGE ADVISORY BOARD

01-21-01: DESIGNATION AS ADVISORY BOARD AND PURPOSE:

The Board shall be a body advisory to the Board of County Commissioners, and its purpose shall be to make recommendations, as necessary, to the Board of County Commissioners concerning the operation and administration of the George W. Nourse Gun Range at Jubilee Park. (Ord. 17-003, 5-31-2017)
01-21-03: MEMBERSHIP:


(1) Membership on the Gun Range Advisory Board is set at five (5) voting community members representing, as nearly as possible, the citizens, the various industries and localities of Canyon County, which can provide expertise and insight concerning gun range issues.


(2) In addition to the five (5) voting community members the Advisory Board will have two (2) special advisory members. One (1) special advisory member shall be a representative from the Parks, Cultural, and Natural Resources Department. One (1) special advisory member shall be a representative from the Canyon County Sheriff's Office. Special advisory members shall be responsible for all communication with the Board of County Commissioners.


(3) Each Gun Range Advisory Board member shall serve for a term of four (4) years. However, upon initial creation of the Advisory Board, staggered terms of four (4) years and two (2) years will be designated by the Board of County Commissioners. Three (3) of the five (5) Board members will be appointed to terms of four (4) years, and the remaining two (2) Board members will be appointed to two (2) year terms with the option of reappointment or replacement at the end of two (2) years. These initial, staggered terms are assigned in order to prevent the terms of the entire Advisory Board from expiring at once.


(4) Members shall serve without pay, but may be reimbursed by the County for reasonable expenses incurred in connection with their duties if pre-approved by the Board of County Commissioners. (Ord. 17-003, 5-31-2017)

01-21-05: RULES, OFFICERS, MEETINGS:


(1) The Gun Range Advisory Board shall maintain rules of procedure and bylaws governing its internal process for approval by the Board of County Commissioners.


(2) The Gun Range Advisory Board shall elect a Chairperson from among its members at the first meeting of the Advisory Board in each calendar year. The Chairperson shall designate a Secretary from the Advisory Board members. Other positions may be appointed at the discretion of the Gun Range Advisory Board. The Chairperson shall preside at meetings or designate a Board member to preside in their place.


(3) The Gun Range Advisory Board shall meet on a monthly basis, or an "as needed" basis. Special meetings may be called from time to time by the Chairperson, a special advisory member, or Board of County Commissioners. Under normal conditions, meeting times and locations shall be designated by a special Advisory Board member.


(4) All meetings of the Gun Range Advisory Board shall be subject to Idaho's Open Meetings Law, Idaho Code sections 74-201 through 74-208, and as may be amended from time to time. (Ord. 17-003, 5-31-2017)

01-21-07: POWERS AND DUTIES:


(1) The Gun Range Advisory Board shall have those powers and perform those duties assigned by the Board of County Commissioners.


(2) The Advisory Board shall make recommendations to the Board of County Commissioners, through the special Advisory Board members, concerning improvements, rules, fees, fundraising, and all aspects of the maintenance, improvement, and operation of the George W. Nourse Gun Range. (Ord. 17-003, 5-31-2017)






CHAPTER 23
CANYON COUNTY BUSINESS INVESTMENT INCENTIVE

01-23-01: TITLE:

This article shall be known as the CANYON COUNTY BUSINESS INVESTMENT INCENTIVE ORDINANCE OF 2017. (Ord. 18-031, 11-15-2018)
01-23-03: AUTHORITY AND PURPOSE:

This article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and Idaho Code sections 31-714, 31-801, 31-828, and 63-602NN.

The purpose of this article is to provide objective criteria for determining the amount of incentive tax relief that is proportional to the significant economic benefits produced by a proposed project. Placing these criteria in an ordinance provides prospective applicants with information for planning and makes the process more transparent.

Because Property Tax incentives effectively shift the tax burden to other taxpayers, it is important that significant benefits accrue to the public good, primarily in the form of high-paying jobs and increased property values. As a result, exemptions should not be granted unless the Board of County Commissioners ("Board") finds that a combination of direct and indirect benefits to the community from a proposed project substantially exceeds the projected cost of the tax shift. These criteria are intended to help make those determinations.

While the purpose of Property Tax incentives is to both attract new businesses and retain existing business, relevant incentives may differ. Therefore, in some respects, new and existing businesses are evaluated differently. The provisions of this article will also be applied to applications filed under Idaho Code section 63-606A, except when specifically inconsistent therewith. (Ord. 18-031, 11-15-2018)
01-23-05: DEFINITIONS AND ACRONYMS:

The words and phrases included in this article shall be given their regular and ordinary meaning. Legal terms shall be given the meanings applicable to Idaho Code section 63-602NN when applicable, and when not defined therein, as otherwise provided by applicable Idaho law. (Ord. 18-031, 11-15-2018)
01-23-07: PRELIMINARY NEGOTIATIONS:

Prospective applicants, or their authorized agents, may request to meet with the Board to engage in preliminary negotiations and discussions regarding incentives. Applicants may operate under a pseudonym and meetings may be held in executive session under Idaho Code section 74-206(1)(e) if an agent of the prospective applicant with authority to negotiate is present, and when approved by the Board. (Ord. 18-031, 11-15-2018)
01-23-09: PROJECT PLAN:

Prior to completing an application, prospective applicants should prepare a written project plan that addresses all requirements under Idaho Code section 63-602NN. The project plan can be used during preliminary negotiations, and must be included as part of any application. A spreadsheet showing the nature and timing of investments and proposed exemptions should be part of the project plan. (Ord. 18-031, 11-15-2018)
01-23-11: APPLICATION:

In order to be considered, an application must include a project plan. An application can be filed under a pseudonym, but no application will be granted until: 1) the prospective applicant has secured the right to obtain or secure a particular property, and 2) the applicant is prepared to make the project public. No exemption can be granted under a pseudonym. Application must be made on a form provided by the Assessor's Office. (Ord. 18-031, 11-15-2018)
01-23-13: APPROVAL PROCESS:

Applications will initiate final negotiations and preparation of documents that will be necessary for the Board to consider and approve an exemption. Once documents are prepared, a public meeting will be placed on the Board's agenda and notice will be provided as required by Idaho Code section 63-602NN(5). At the public meeting, the Board will consider the application and make determinations regarding whether exemptions will be granted, and if so, to what extent. In doing so, the Board will be guided by the criteria set forth in this article. Applicants must be prepared to have their identity made public once the public meeting is scheduled. (Ord. 18-031, 11-15-2018)
01-23-15: NEW BUSINESS INVESTMENT:

It is the intent of the Board to provide incentives for investments in new business where the new business:


(1) Demonstrates and certifies that "but for the incentive", the business would not locate in the County but would locate at another specific locale;


(2) Creates jobs that pay competitive wages that exceed the average wage (including benefits) for the County as determined by the State of Idaho;


(3) Demonstrates significant indirect benefits; and


(4) Agrees to all terms and conditions imposed by the Board, including, but not limited to, recoupment provisions that might encumber project property.

Businesses that meet these criteria may be eligible for the following incentives:

Level I investment:    
  Investment   $500,000.00 to $3,000,000.00  
  Net new job creation   10 or more  
  Exemption   Maximum 40 percent for up to 3 years  
Level II investment:    
  Investment   $3,000,001.00 or more  
  Net new job creation   20 or more  
  Maximum exemption:   Multiplier <2.0   Multiplier ≥2.0  
    Real property year 1   75%   90%  
    Real property year 2   75%   80%  
    Real property year 3   50%   70%  
    Real property year 4   25%   60%  
    Real property year 5   25%   50%  
    Personal property   25% for years 1 - 3 only   50% for years 1 - 3 only  

The multiplier is the "employment multiplier" as determined for that project by the Idaho Department of Commerce. A 2.0 multiplier means that for every job created by the project, one additional job is created indirectly. Both the investment and job creation requirements of a level must be met to be eligible for that level. Investment includes only qualified investments as defined by Idaho Code section 63-602NN. In no event can an exemption be made unless it qualifies under Idaho Code section 63-602NN. Exemptions are only available under level I for projects located outside of Nampa and Caldwell, and their respective areas of impact, or, where a project meets one but not both thresholds for a level II exemption. (Ord. 18-031, 11-15-2018)
01-23-17: NEW INVESTMENT IN EXISTING BUSINESS:

It is the intent of the Board to provide incentives for investments in existing business under the same criteria and limitations as set forth in section 01-23-15 of this article, with the following modifications:


(1) Investment includes only qualified investments as defined by Idaho Code section 63-602NN, not including replacement equipment; and


(2) If existing business does not meet job thresholds but does not reduce employment from the previous three (3) years average, the existing business may be eligible for a reduced exemption as follows:

Level I investment:    
  Investment   $500,000.00 to $3,000,000.00  
  Exemption   Maximum 25 percent for up to 3 years  
Level II investment:    
  Investment   $3,000,001.00 or more  
  Maximum exemption:   Multiplier <2.0   Multiplier ≥2.0  
    Real property year 1   50%   70%  
    Real property year 2   40%   60%  
    Real property year 3   30%   50%  
    Real property year 4   20%   40%  
    Real property year 5   10%   30%  
    Personal property   20% for years 1 - 3 only   40% for years 1 - 3 only  

(Ord. 18-031, 11-15-2018)
01-23-19: ADDITIONAL EXEMPTION FOR DEMONSTRATED INDIRECT BENEFITS:

(Rep. by Ord. 18-031, 11-15-2018)
01-23-21: ON-GOING VALUATION OF PROPERTY:

In order to avoid value disputes immediately after the expiration of any exemptions granted under this article, as a condition of receiving an exemption, a recipient must agree that all property subject to an exemption will, after expiration of the exemption, be valued for assessment purposes at no less than the capitalized value for the life of the investment using State Tax Commission schedules. (Ord. 18-031, 11-15-2018)
01-23-23: ANNUAL REPORT AND REVIEW:

No later than March 1 each year, beginning the year an exemption is effective, and continuing each year thereafter until the exemption ends, each recipient of an exemption under this article shall submit a report and certification of compliance. The report shall contain, at a minimum, the following:


(1) The average number of full-time employees during the previous calendar year;


(2) A schedule of the employee positions, together with salaries paid, and employee benefit costs listed separately, together with copies of each Employer Quarterly Unemployment Insurance Tax Report for the previous calendar year;


(3) An itemized list of all new equipment and the cost and capitalization of each; and


(4) A compliance statement explaining whether recipient is in compliance with the terms and conditions of the exemption, and fully explaining any areas of non-compliance.

Failure to timely submit a complete annual report is grounds for immediately terminating an exemption.

The annual report shall be submitted to the Assessor's Office, with a copy provided to the Economic Development Office of the jurisdiction where the investment was made. (Ord. 18-031, 11-15-2018)






Chapter 2 - PUBLIC HEALTH

CHAPTER 1
PUBLIC NUISANCES

02-01-01: TITLE:

This article shall be known as the CANYON COUNTY PUBLIC NUISANCES OF 2018. (Ord. 18-016, 6-27-2018)
02-01-03: AUTHORITY AND PURPOSE:

This article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and Idaho Code sections 31-714, 31-801, 31-828, 63-902, and 63-1311. Its purpose is to provide for, and further, the health and/or safety of the public by providing a procedure for abating public nuisances which can create traffic safety hazards, fire hazards, health hazards, and other harm upon the health and/or safety of the public. (Ord. 18-016, 6-27-2018)
02-01-05: DEFINITIONS:

As used in this article, the following definitions shall apply:

ABATEMENT: The affirmative act of removing, repairing, or taking other steps as may be necessary to remedy a nuisance.

PUBLIC NUISANCE: A public nuisance is a condition or use of property which is harmful or injurious to, or creates a danger of harm or injury to the health, safety, or welfare of the neighborhood, community, or members of the public, or which is so offensive to the senses or such an obstruction of the free use of property as to interfere with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public, including by way of example the following:

(1) A condition or use of premises or property which creates a fire hazard or any traffic or safety hazard to members of the public.

(2) A condition or use of premises or property which creates a health hazard by permitting, allowing, or fostering the harboring and nesting of rodents, vermin and/or insects, or which creates any other type of health hazard to members of the public.

(3) A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap lumber or wood, waste petroleum products, scrap or waste paper, trash, garbage, junk, boxes, recyclable materials or debris of any type.

(4) A condition or use of premises or property which allows the open storage, deposit, or scattering of scrap, abandoned, discarded, or unused objects such as furniture, appliances, cans, containers, tires, tools, or mechanical parts.

(5) A condition or use of premises or property which allows the open storage, deposit, or scattering of dismantled or partially dismantled, wrecked, junked, scrapped, discarded and nonoperating motor vehicles or parts thereof, provided, however, that no public nuisance shall exist under this subsection unless two (2) or more motor vehicles or parts thereof not in operating condition remain standing on the property for more than ten (10) calendar days.

(6) A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees, or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a fire hazard because of their dried and unkept condition, or a traffic or safety hazard because they obstruct sight, applying the measurements and standards contained in Idaho Code section 49-221, at intersections or other points at which driveways, lanes, or highways come together.

(7) A condition or use of premises or property which allows the growth of weeds, grasses, bushes, shrubs, trees or other plant life to such a size and in such a condition as to cause, or reasonably threaten to cause a health hazard because they provide nesting areas for rodents, vermin and/or insects, or the growth of weeds to such a size or in such a condition as to interfere with the free and comfortable use of adjacent and neighboring premises and properties.

SUMMARY ABATEMENT: The abatement of a public nuisance by the County, or by a contractor hired by the County, without obligation to give prior notice of the abatement action to the owner or occupant of the property.

WEEDS: Undesirable or objectionable and nonuseful plant growth but shall not include noxious weeds as defined by Idaho Code, section 22-2402(17). (Ord. 18-016, 6-27-2018)

02-01-07: PUBLIC NUISANCE UNLAWFUL; RESPONSIBLE PARTY:


(1) Unlawful: It is unlawful for any person to create, cause, maintain or knowingly allow to exist a public nuisance on any premises or real property which the person owns, rents, leases, occupies, manages or of which the person has charge or possession.


(2) Agricultural Operations: The application and enforcement of this article shall not contravene title 22, chapter 45 of the Idaho Code in that no public nuisance shall exist under this article if the use or condition of the property exists pursuant to an agricultural operation in accordance with generally recognized agricultural practices.


(3) Administration And Enforcement: The Canyon County Sheriff, and/or designated Code Enforcement Officer(s), shall be responsible for the administration and enforcement of the provisions of this article.


(4) Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited; the owner of record, whether a natural person or persons or an entity of any kind, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption. (Ord. 18-016, 6-27-2018)

02-01-09: CIVIL ENFORCEMENT PROCEDURE:


(1) Request For Voluntary Compliance: If it is determined by a Code Enforcement Officer that a nuisance exists on any property, the Code Enforcement Officer shall cause a written request for voluntary compliance to be issued to the owner, occupier, and/or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the nuisance existing thereon, request voluntary action to eliminate the nuisance, and establish the time period for voluntary elimination of said nuisance, which shall be ten (10) days from the date of the request for voluntary compliance.


(2) Order Of Abatement: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, a Code Enforcement Officer finds that a nuisance still exists on any property, the officer shall cause an order of abatement to be issued to the owner, occupier, and/or person in control of such property. Such order of abatement shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Code Enforcement Officer shall issue such order of abatement to the owner, occupier, or person in control of the property on which the nuisance exists in one or more of the following ways:

A. By hand delivery upon such owner, occupier, or person in control of the property; or

B. By certified mail to such owner, occupier, or person in control of the property, at the address shown on the last available assessment roll, or as otherwise known; or

C. By posting such notice and order at a conspicuous place on the property.


(3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any nuisance exists, to abate such nuisance within ten (10) calendar days from notice pursuant to this section, however, the Code Enforcement Officer may require summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.


(4) Summary Abatement: Nothing contained herein shall prevent a Code Enforcement Officer from requiring, undertaking, or causing summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.


(5) Appeal: Within seven (7) calendar days from the date of service, mailing, or posting of the order of abatement, the owner, occupier, and/or person in charge or control of the subject property may appeal to the Board by filing a written appeal with the Development Services Department, which appeal shall enumerate the grounds for appeal. The Board shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order of abatement. The decision of the Board shall be final. If the Board affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered.


(6) Abatement Procedures: The Board, upon recommendation by the Code Enforcement Officer and after providing notice as provided herein, may abate or cause the abatement of any nuisance where the owner, occupant, agent or person in control of property does not comply with abatement notice. If the Board directs the abatement of the nuisance a service fee shall be imposed against the owner of the subject property for services provided. The fees imposed pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. The Board shall cause the fee to be collected in the following manner:

A. Recovery Of Abatement Service Fee: DSD shall send to the owner, occupier, and/or person in control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative services as established by fee schedule. Unless paid as voluntarily, as provided below, such charge shall be collected in the same manner provided by law for the collection of real and personal Property Taxes.

B. Automatic Lien Of Abatement Service Fee: Upon abatement, an automatic lien in the amount of the abatement service fee shall attach to the subject property, and a notice of lien shall be recorded within seventy two (72) hours. Upon payment of the charges in full the lien shall be released.

C. Certification Of Abatement Costs: If full payment is not made within thirty (30) days of the mailing of the billing statement requiring payment of abatement service fee, the Board shall certify such charge to be placed on the Property Tax roll.


(7) Certificate Of Noncompliance: In lieu of abatement, the Board may record a Certificate of Noncompliance detailing the violations existing on the property. Such certificate shall be removed upon remedy of the enumerated violation.


(8) Injunction: The County may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs enforcement and/or litigation including, but not limited to attorney fees and court costs. (Ord. 18-016, 6-27-2018)

02-01-11: CRIMINAL ENFORCEMENT PROCEDURE:

Any person who allows the existence of a public nuisance to continue after a request for voluntary compliance shall be guilty of a misdemeanor. Each and every day in which any such violation continues after ten (10) days from the date of the request for voluntary compliance may be deemed a separate offense. Each violation shall be punishable as provided in Idaho Code section 18-113. The Canyon County Sheriff and/or designated Code Enforcement Officer(s) shall have the authority to issue citations to violators of this article. (Ord. 18-016, 6-27-2018)
02-01-13: INTERFERENCE WITH AUTHORIZED PERSON:

It shall be unlawful, and shall be a misdemeanor punishable as provided in Idaho Code section 18-113, to interfere with the Sheriff, Code Enforcement Officer, or any law enforcement officer in the performance of duties connected with enforcement of this article. Such interference shall include, but not be limited to, removal of notices posted on the property pursuant to this article or impediment or harassment of the authorized person in the performance of their duties under this article. (Ord. 18-016, 6-27-2018)





CHAPTER 3
SOLID WASTE DISPOSAL REGULATIONS

02-03-01: SOLID WASTE DISPOSAL SITE DESIGNATED:

The only lawful site(s) for the dumping and depositing of solid waste in Canyon County shall be at those areas designated at Pickles Butte, Canyon County, Idaho, or any other site specifically approved by the board of Canyon County commissioners. The Pickles Butte landfill site shall be maintained and operated by the solid waste division of the department of administration of Canyon County, under the direction of the solid waste administrator and the general supervision of the board of county commissioners. (Ord. 93-001, 1-26-1993, eff. 2-1-1993)
02-03-03: TRANSPORTATION OF SOLID WASTE:


(1) Purpose: The public highways, as well as public and private lands adjacent to said public highways, leading to the various solid waste disposal sites in Canyon County are being littered with paper, cans, bottles and trash of every description because a small number of the people transporting solid waste to solid waste disposal sites are not properly covering or securing their loads and are thereby allowing solid waste of all kinds to blow, fall and scatter from the vehicles transporting the solid waste. It is the purpose of this section and the duty of the board of county commissioners to require that all persons hauling garbage, refuse, rubbish, tree limbs, trash or solid waste of any kind, provide a proper cover and secure their load so as to prevent the scattering, blowing or loss of the materials being so transported. This section is enacted pursuant to authority given to the board of county commissioners by article 12, section 2, of the Idaho constitution which authorizes the county to make and enforce within its limits all such local policies, sanitary and other regulations as are not in conflict with the general laws, and Idaho Code section 31-714 which empowers the board of county commissioners to pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are necessary or proper to provide for the safety, promote the health and prosperity, improve the morals, peace and good order, comfort and convenience of the county and the inhabitants thereof, and for the protection of property therein.


(2) Definitions: The following definition of terms shall apply to this section:

BURN BARREL: Any barrel, vat, tub, or other container used to burn or incinerate garbage, refuse, rubbish, solid waste, semisolid waste or trash.

GARBAGE: Putrescible waste resulting from the storage, processing, distribution, preparation, cooking and serving of food and wastes from the handling, processing, storage, distribution and sale of products.

REFUSE: Garbage, rubbish and animal carcasses.

RUBBISH: All nonputrescible solid waste except abandoned vehicles and car bodies or car body parts, industrial solid waste and agricultural solid waste.

SOLID WASTE: As defined in section 02-03-05 of this article.

SOLID WASTE DISPOSAL SITE1: The only lawful site(s) for the dumping and depositing of solid waste in Canyon County shall be at those areas designated at Pickles Butte in Canyon County, Idaho, or any other site specifically approved by the board of county commissioners.

TRASH: Includes papers, bottles, nails and refuse of all kinds not otherwise described or referred to herein.


(3) Prohibited: It shall be unlawful for any person hauling garbage, refuse, rubbish or trash of any kind upon the public highways of Canyon County outside the corporate limits of any municipality within Canyon County to haul garbage, refuse, rubbish or trash without covering and securing such garbage, refuse, rubbish or trash in such a manner as to prevent scattering or blowing or loss of the material being so transported. (Ord. 05-011, 4-6-2005)

02-03-05: DEFINITIONS:

For the purpose of this article, the following words and terms shall have the meanings set out in this section:

HAZARDOUS WASTE: Such waste as defined in Idaho Code sections 29-4403(7) and (12), as amended.

LIQUID WASTE: As defined in 40 CFR 258.28(c)(1).

SOLID WASTE: Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 USC 1342, or source, special, nuclear or byproduct material as defined by the atomic energy act of 1954, as amended; 68 statute 923. (Ord. 93-001, 1-26-1993, eff. 2-1-1993)
02-03-07: ONLY WASTE GENERATED IN CANYON COUNTY ALLOWED; EXEMPTIONS:

Dumping and depositing of solid waste at the Pickles Butte site or any other site specifically approved by the board of county commissioners shall be limited to persons and companies who generate waste and reside in or whose principal place of business is within the boundaries of Canyon County, Idaho. This limitation is enacted in order to assure the continued availability of the Pickles Butte site to Canyon County users. An exemption to this prohibition may be granted by the administrator of solid waste department, in his discretion, up to five (5) cubic yards for each load. Exemptions in greater amounts may be granted by the board of county commissioners based upon clear and convincing evidence of fact: 1) that such waste was generated out of county by Canyon County residents, or 2) that the continued availability for the Pickles Butte site to Canyon County users will not be adversely affected by the acceptance of out of county waste, or 3) the county has entered into a contract with another governmental entity evidencing a factual basis for the above 1) or 2) factors. Conditions may be attached to the grant of an exemption as are believed by the board of county commissioners to be reasonably related to the health, safety, and welfare of Canyon County residents. If the board denies an application for an exemption, the unsuccessful applicant must file for a reconsideration of the denial and request a reconsideration hearing within five (5) days of the denial of their application. The reconsideration hearing before the board shall be conducted in accordance with Idaho Code, sections 67-5210, 67-5211 and 67-5212, as may be amended from time to time. The failure to timely request a reconsideration hearing shall mean the applicant forfeits his right to a reconsideration hearing. Said hearing shall be held within ten (10) days of the date the request for hearing is filed with the board. Any appeal of the board's decision shall be made to district court and shall be subject to procedures set forth at IRCP 83(C), 83(K), and 83(U). Such an appeal is to be heard as an appellate proceeding and shall not involve a trial de novo. (Ord. 93-001, 1-26-1993, eff. 2-1-1993)
02-03-08: MANDATORY SOLID WASTE DISPOSAL:

To maintain the public health, safety and aesthetics of the county, all persons in unincorporated Canyon County shall utilize one or all of the following methods for disposal of solid waste:


(1) Utilize solid waste collection services where available and pay for such services.


(2) Dispose of solid waste at a permitted municipal solid waste disposal site in a reasonable time and manner.


(3) Burn solid waste pursuant to a valid permit issued by an authority having jurisdiction in accordance with subsection 02-03-13(4) of this article. (Ord. 05-012, 4-12-2005)

02-03-09: FEES FOR USE OF DISPOSAL SITE:


(1) Usage Fees: Because of the increased costs of operating the solid waste program at the Pickles Butte landfill and to continue to implement the county's goal of effectuating a self-supporting solid waste program, the fees charged for the use of the solid waste site may be established, changed or modified by resolution of the board of county commissioners. The fees charged shall defray the costs of operating the Pickles Butte landfill or any other site specifically approved by the board of county commissioners.


(2) Collection Of Fees: The fees provided for in subsection (1) of this section shall be collected by the solid waste division at the Pickles Butte site. All fees shall be paid at the time of dumping, unless previous charge arrangements have been made by the user and approved by the solid waste administrator.


(3) Billings And Charges:

A. Those persons or companies desiring to charge the fees provided for in subsection (1) of this section must complete a charge application provided by the solid waste division and approved by the solid waste administrator.

B. Those persons or companies who have applied for, and been extended charge privileges, will be billed monthly by the solid waste division, and payment must be made within thirty (30) days of the billing. Late payments will result in assessment of one and one-half percent (11/2%) late payment charge on the fees owed. (Ord. 05-011, 4-6-2005)

02-03-11: DISPOSAL REGULATIONS:


(1) Liquid Wastes: Liquid waste may be dumped at the Pickles Butte site or any other site specifically approved by the board of county commissioners only in accordance with title 39, chapter 74 of the Idaho Code as amended.


(2) Medical Wastes: All medical waste shall be disposed of at the landfill in a form required by Idaho and federal law.


(3) Screening For Hazardous Wastes: In order to reject hazardous waste, the solid waste administrator is authorized to adopt and implement appropriate hazardous waste screening procedures as defined in the landfill's operating record.


(4) Directing Disposal To Proper Area: The solid waste administrator is authorized to direct waste to the landfill for appropriate disposal or to recycling or storage or composting areas approved by the board of county commissioners. (Ord. 93-001, 1-26-1993, eff. 2-1-1993)

02-03-13: PROHIBITED ACTS:


(1) Unlawful Dumping: It shall be unlawful for any person or company to dump or deposit solid waste in any area or at any place in Canyon County other than the Pickles Butte site unless such site is specifically approved by the board of county commissioners.


(2) Waste Accumulating On Public Or Private Property2: It shall be unlawful for any person or company to permit or allow to accumulate solid waste in or about any yard, lot, place or premises, or upon any adjacent street, alley or sidewalk owned, leased, used or occupied by such person or company. Provided however, that compost piles may be maintained for fertilization purposes, and matter used for fertilization purposes only may be transported, kept and used, provided the same shall not constitute a nuisance.


(3) Interference With Operations At Waste Disposal Site: It shall be unlawful for any person or company to interfere with the operation of the solid waste site provided in section 02-03-11 of this article by dumping or depositing solid waste at the Pickles Butte site without paying the fees provided for in section 02-03-09 of this article.


(4) Limitation On Burning:

A. Open Burning Of Certain Solid Wastes Prohibited: No person may allow, suffer or cause the burning of materials which emit toxic contaminants or smoke or particulates (including, but not limited to: household garbage, tires or other rubber materials or products, junked motor vehicles or any materials resulting from motor vehicle salvage operation, plastics, petroleum products, dead animals or parts thereof, commercial waste, asphalt or composition roofing or any other asphaltic material or product, drywall, sheetrock, tar, tarpaper, floor underlayment, insulation, insulated wire, lumber or timber treated with preservatives, wet materials, pathogenic wastes, hazardous wastes, paint or chemicals, or any other materials that would otherwise be allowed under this subsection but the burning of which is determined to be a nuisance or hazard by the authority having jurisdiction and responsibility for the administration and enforcement of regulations for the prevention and control of fires) for the purpose of disposing of such waste.

B. Open Outdoor Burning Allowed: Materials not specifically prohibited by subsection (4)A of this section may be burned if the open burning is conducted on the property where the solid waste was generated and is one of the following categories of open burning:

1. Recreational And Warming Fires: Open outdoor fires used for the preparation of food or for recreational purposes (e.g., campfires, ceremonial fires, and barbecues) or fires set for hand warming purposes are allowable forms of open burning.

2. Training Fires: Open outdoor fires used by qualified personnel to train firefighters in the methods of fire suppression and firefighting techniques, or to display certain fire ecology or fire behavior effects are allowable forms of open burning. Training fires shall not be allowed to smolder after the training session has terminated.

3. Industrial Flares: Industrial flares, used for the combustion of flammable gases are allowable forms of open burning.

4. Residential Solid Waste Disposal Fires: Open outdoor fires used to dispose of solid waste (e.g., tree leaves, yard trimmings, gardening waste, etc.) is an allowable form of open burning. However, open burning of garbage produced by the operation of a domestic household is prohibited pursuant to subsection (4)A of this section.

5. Orchard Fires: The use of heating devices to protect orchard crops from frost damage and the use of open outdoor fires to dispose of orchard clippings are allowable forms of open burning.

(A) Open Pot Heaters: The use of stackless open pot heaters is prohibited.

(B) Heating Device Emissions: All heaters purchased after September 21, 1970, shall emit no more than one gram (1.0 g) per minute of solid carbonaceous matter at normal operating conditions as certified by the manufacturer.

(C) Orchard Clippings: The open burning of orchard clippings shall be conducted on the property where the clippings were generated.

6. Prescribed Burning: The use of open outdoor fires to obtain the objectives of prescribed fire management burning is an allowable form of open burning.

(A) Burning Permits Or Prescribed Fire Plans: Whenever a burning permit or prescribed fire plan is required by the department of lands, USDA forest service, or any other state or federal agency responsible for land management, any person who conducts or allows prescribed burning shall meet all permit and/or plan conditions and terms which control smoke.

(B) Rights Of Way Fires: The open burning of woody debris generated during the clearing of rights of way shall be open burned according to Idaho Code sections 38-101 and 38-401, and these rules.

7. Dangerous Material Fires: Open outdoor fires used or permitted by a public or military fire chief to dispose of materials (including military ordnance) which present a danger to life, valuable property or the public welfare, or for the purpose of prevention of a fire hazard when no practical alternative method of disposal or removal is available are allowable forms of open burning. Dangerous materials burning is exempt from subsection (4)A of this section.

8. Infectious Waste Burning: Upon the order of a public health officer, open outdoor fires used to dispose of diseased animals or infested material is an allowable form of open burning. Infectious waste burning is exempt from subsection (4)A of this section. (Ord. 05-011, 4-6-2005)

9. Weed Control Fires: Open outdoor fires used for the purpose of weed abatement such as along fence lines, canal banks, and ditch banks is an allowable form of open burning. (Ord. 10-005, 7-12-2010)

C. Additional Prohibitions: Provided that all open burning, even if allowed in subsection (4)B of this section is prohibited when: (Ord. 05-011, 4-6-2005)

1. The Idaho department of environmental quality (DEQ) air quality index (AQI) reaches seventy five (75) or higher for any pollutant measured within Canyon County, Idaho. It is the responsibility of the person intending to engage in allowed open burning to determine the level of the air quality index prior to igniting any open burning. The air quality index may be determined by calling DEQ or visiting DEQ's webpage, or (Ord. 10-005, 7-12-2010)

2. Any time the sustained (10 minute average) winds exceed twenty (20) miles per hour and/or wind gusts exceed thirty five (35) miles per hour or any time that the national weather service - Boise (NWS) has issued or has in effect a "red flag" warning for any portion of Canyon County, indicating conditions representing a high to extreme fire danger. NWS warnings may be determined by calling NWS or visiting the NWS webpage.

D. Constantly Attended Fire: All open burning conducted pursuant to subsection (4)B of this section shall be constantly attended until the fire is fully extinguished.

E. Compliance: Compliance with the provisions of this subsection (4) does not exempt or excuse any person from complying with applicable laws, rules, or policies of other governmental jurisdictions responsible for fire control or hazardous material disposal or from liability for damages or injuries which may result from open burning. (Ord. 05-011, 4-6-2005)

F. Investigation Of Complaints: The Canyon County sheriff or his designated code enforcement officer shall be responsible for the investigation of complaints, upon request of the authority having jurisdiction and responsibility for the administration and enforcement of regulations for the prevention and control of fires.


(5) Unlawful Burning Times: It shall be unlawful to build, ignite, or maintain any fire for field burning, disposing of waste matter in irrigation ditches and fencerows, weed control, piled tree leaves and tree and brush pruning remnants from agricultural sources in the unincorporated areas of Canyon County, Idaho, at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, inclusively, unless the authority having responsibility for the administration and enforcement of regulations for the prevention and control of fires specifically exempts a person or company from this requirement. (Ord. 10-005, 7-12-2010)

02-03-15: PENALTY:


(1) Violations; Penalty: The first violation of section 02-03-08 or subsection 02-03-13(4) of this article is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The second violation of section 02-03-08 or subsection 02-03-13(4) of this article within a three (3) month period from the date of the first violation is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such an amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The third violation of section 02-03-08 or subsection 02-03-13(4) of this article within a one year period from the date of the first or second violation is hereby declared to be a nuisance and may be punishable as a misdemeanor as defined in Idaho Code section 18-111 and subject to a fine of three hundred dollars ($300.00).


(2) Other Violations; Penalty: Any person violating any section of this article, other than section 02-03-08 or subsection 02-03-13(4) of this article, shall be guilty of a misdemeanor and each separate violation hereof shall be punishable by a fine of not more than three hundred dollars ($300.00).


(3) Uniform Citation: Enforcement of this article may be by uniform citation issued pursuant to rule 5 of the Idaho infraction rules and/or rule 5 of the misdemeanor criminal rules and by a law enforcement officer defined in rule 2(g) of the Idaho infraction rules and/or rule 2(g) of the misdemeanor criminal rules. A law enforcement officer for purposes of this article shall include, but is not limited to, a Canyon County sheriff's deputy. A uniform citation for violation of this article shall be personally served upon the owner, if known, or the occupant or person in charge of the possession of the premises or property on which the nuisance is found. The Canyon County solid waste department's code enforcement officer is authorized as a law enforcement officer only for the enforcement of applicable state and county codes pertaining to solid waste within the boundaries of county owned landfill property. (Ord. 05-012, 5-12-2005)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also section 02-03-01 of this article.
Footnote 2: For public nuisance regulations, see article 1 of this chapter.





CHAPTER 5
CANYON COUNTY HOURS OF BURNING REGULATIONS


(Rep. by Ord. 10-005, 7-12-2010)








CHAPTER 7
ORCHARD PESTS

02-07-01: TITLE, STRUCTURE, PURPOSE AND AUTHORITY:


(1) Short Title: This article shall be known as the CANYON COUNTY ORDINANCE REGULATING ORCHARD PESTS.


(2) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(3) Purpose: The purpose of this article is to enable Canyon County to more effectively control and prevent the spread of orchard pests, and by these actions protect the viability, productiveness, and competitiveness of the orchard industry in Canyon County, and ensure the industry's continued contribution to the economy of Canyon County.


(4) Authority: The authority to control agricultural pests is granted to the board of commissioners by Idaho Code section 25-2601. (Ord. 99-005, 6-25-1999)

02-07-03: DEFINITIONS:

BOARD: The orchard review board.

NEGLECTED OR ABANDONED: Refers to any orchard or private orchards where standard orchard or private orchard management practices as described in state and regional publications are not being met and one or more pest, pathogen, disease, or conditions of economic consequence to the particular crop being grown exist.

ORCHARD: An area that has fruit trees, wild or cultivated, and is currently or has been used for commercial purposes.

PREMISES: For purposes of this article, "premises" means any real property not owned by Canyon County.

PRIVATE ORCHARD: Privately owned fruit trees, fruit from which is used solely for the consumption of the owner's family members. (Ord. 99-005, 6-25-1999)
02-07-05: ORCHARD REVIEW BOARD:


(1) Authority: Pursuant to the authority granted under Idaho Code section 25-2603, the Canyon County board of commissioners hereby creates an orchard review board to control orchard pests. The orchard review board is vested with the power to control pests as provided in this article, subject to review by the Canyon County board of commissioners.


(2) Creation And Composition: The board shall be composed of five (5) members appointed by the Canyon County board of commissioners. Each board member shall serve a two (2) year term. Two (2) of the members shall be from the commercial orchard industry, one shall be a private citizen and resident of Canyon County with no commercial ties to the orchard industry, one member shall be a private orchardist or retired commercial orchardist or have some background or knowledge of orchard management and fruit production, and the fifth member shall be that person employed by the University of Idaho as the Canyon County agricultural extension agency. The board members shall serve for a term of two (2) years and shall serve without a salary or other compensation.


(3) Duties: It shall be the duty of the board to review and act on all complaints involving orchard pests in orchards private or otherwise. (Ord. 99-005, 6-25-1999)

02-07-07: CONTROL PROCEDURES:


(1) Only signed written complaints shall be reviewed and investigated by the board. Upon receipt of a complaint, the board shall immediately notify the landowner of the complaint and name a voting member to act as a contact for the landowner. That board member shall arrange with the landowner a time for the appointed investigatory team to examine the orchard or private orchard in question.


(2) The board shall appoint three (3) investigators to carry out the field inspection of any orchard or private orchard under review by the board. The investigatory team shall be composed of that board member named as the contact person for the landowner, and that person employed by the University of Idaho as the Canyon County agricultural extension agency to act as an advisor. The other member of the investigatory team shall be determined by the board.


(3) The board in conjunction with that person employed by the University of Idaho as the Canyon County agricultural/University of Idaho agricultural extension service, any other agricultural extension specialist deemed necessary, and a representative of the Idaho department of agriculture, division of plant industries, will establish the inspection procedures to be used by any board investigatory team. Such procedures shall be reviewed by the Canyon County board of commissioners and must be approved by the Canyon County board of commissioners prior to implementation.


(4) If the investigatory team finds that an orchard or private orchard does in fact contain orchard pests, the landowner in question shall be given written notice to control such pests within ten (10) days of receipt of the notice. Such notice shall comply with Idaho Code section 25-2607.


(5) If the landowner fails to control the specified pest or pests within ten (10) days, the landowner in question shall be given notice, not less than seven (7) days before the hearing, to appear before the board to show cause why the board should not initiate steps to control the pest or pests.


(6) Unless the landowner can show that the agricultural pests do not exist, or that they do exist but it is not necessary to control them, such landowners shall be requested to enter into a contract with the board specifying a time in which such pests will be controlled by the landowner, and any other provisions determined by the board to be necessary for the fulfillment of the purposes of this article.


(7) It shall be the duty of the board and the landowner to examine all possibilities and mechanisms to resolve the situation, including, but not limited to, funding, education, contract spraying, orchard or private orchard destruction and uprooting, and chemical herbiciding of tree stumps.


(8) Any landowner subject to an investigation by the board or under an agreement with the board may at any time request through their board contact person a hearing before the board. Granting of the request for a hearing shall be at the discretion of the board.


(9) If the landowner does not appear at the hearing, or does appear, but refuses to enter into the contract as requested by the board, or fails to comply with the terms of the contract, the board may cause control procedures to be initiated as soon as practicable at the owner's expense. All expenses incurred in carrying out the provisions of this article shall be a legal charge against the property upon which the control procedures were performed and if not paid within thirty (30) days from the time when demand therefor is first made upon the owner of such property, shall be certified to the tax collector of Canyon County and thereafter shall constitute a lien upon such property; and shall be added by the tax collector to the general taxes assessed against said property which becomes due next thereafter and shall be collected by him in the same manner and with the same penalties as such other taxes. In the event that the Idaho department of agriculture reimburses Canyon County for the expenses incurred in carrying out the provisions of this article, said lien and/or tax assessment shall be in favor of the Idaho department of agriculture, otherwise, it shall be in favor of Canyon County. Nothing contained in this provision shall be construed to require satisfaction of the obligation imposed hereby in whole or in part from the sale of property or to bar the application of any other or additional remedy otherwise available. (Ord. 99-005, 6-25-1999)

02-07-09: RIGHT OF ENTRY:

Any agent authorized by the board to carry out an inspection on its behalf may enter upon any property within Canyon County for the purpose of administering this article and any other power exercisable pursuant thereto, including the taking of specimens, general inspection, and the performance of such acts as are necessary for the controlling and preventing the spread of orchard pests and diseases as follows:


(1) Any agent authorized by the board who desires to enter any premises to fulfill any of the acts authorized by this article shall first seek to obtain consent from the owner, or any agent of the owner who is authorized to make such consent, to enter the property for the purpose of performing the act so desired.


(2) Should any such authorized agent of the board be denied consent to enter such property to perform any act authorized by this article, the board shall apply to any court of competent jurisdiction seeking a warrant granting the right to enter said property and perform any act authorized by this article. Such warrant shall issue upon a finding of probable cause that the orchard or private orchard for which entry is sought contains pests or disease or is in such a state or condition that it is likely that it contains pests or disease. (Ord. 99-005, 6-25-1999)

02-07-11: SEVERABILITY CLAUSE:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of this article as a whole or a part thereof other than the part declared unconstitutional or invalid. (Ord. 99-005, 6-25-1999)
02-07-13: EFFECTIVE DATE:

This article shall be in full force and effect upon its passage, approval, and publication, as provided by law, in one issue of the "Idaho Press-Tribune". (Ord. 99-005, 6-25-1999)
02-07-15: INTENT TO SUPERSEDE:

This article supersedes all previous ordinances and resolutions dealing with abandoned orchards in Canyon County. (Ord. 99-005, 6-25-1999)





CHAPTER 9
AMBULANCE DISTRICT

02-09-01: PURPOSE:

Trauma involved in medical emergency situations results in severe risk to life and health. In a rural county such as Canyon County it is critical to the public health, safety and welfare that coordinated, quality ambulance and emergency medical assistance be available promptly. In November 1977, a group of concerned citizens filed a petition, pursuant to Idaho Code section 31-3908, requesting that an ambulance district be established. The board of commissioners of Canyon County established the Canyon County ambulance district which has continued to serve the ambulance and emergency medical needs of the whole county.

Such needs are served by the equipment and personnel of the Canyon County ambulance district, by a network of quick response units and by volunteer ambulance services. In the years since the Canyon County ambulance district was first established, the population of Canyon County has increased dramatically. In addition to its continued rural nature, the county has become an integral part of the industrial development of southwest Idaho and serves as a critical link in the transportation corridor which ties Boise and Ada County to eastern Oregon. During this time there have been new developments in emergency communications and medical techniques. The Idaho board of medicine and the emergency medical service bureau of the Idaho department of health and welfare have established standards for licensing and certification of equipment and personnel. Canyon County is now served by an enhanced 911 emergency dispatch system. As these developments have occurred, it has become even more important to maintain coordination of the ambulance and emergency medical services available to the county's residents. (Ord. 03-013, 12-11-2003)
02-09-03: DEFINITIONS:

The following words shall, for the purposes of this article, unless otherwise specified, have the meanings respectively ascribed to them:

ADVISOR, BOARD: Emergency medical services advisory board established by this article.

AMBULANCE: Any privately or publicly owned ground vehicle, nautical vessel, fixed wing aircraft or rotary wing aircraft used for, or intended to be used for, the transportation of a sick or injured person who may need medical attention during transport.

AMBULANCE OPERATORS OR AMBULANCE BUSINESSES: Any person engaging in the business of transporting sick or injured persons, for hire, or who, by advertising, representation or otherwise, holds itself out as engaging in such business.

AMBULANCE PERSONNEL: Employees and agents of an ambulance operator or ambulance business and all other persons who engage in the transportation of a sick or injured person for and under the direction of an ambulance operator or ambulance business.

AMBULANCE SERVICE: Emergent or nonemergent medical services dispatched or requested to treat and/or transport a sick or injured person and which meets the requirements of the rules governing emergency medical services IDAPA 16.02.03, rule 300, and its subsequent amendment(s). This definition is not intended to include "quick response unit (nontransport agencies)", as subsequently defined herein.

BOARD: Board of Canyon County, Idaho, commissioners which serves as the board of Canyon County ambulance district commissioners.

DISPATCH AGENCY: An agency that provides the means by which emergency resources are directed to the scene of an incident or event.

DISTRICT: Canyon County ambulance district.

EMERGENCY MEDICAL SERVICES: The service used to respond to a perceived individual need for immediate care to prevent loss of life or aggravation of physiological or physiological illness or injury.

EMERGENCY MEDICAL SERVICES ("EMS") PERSONNEL: Individuals performing emergency medical services as described in rules governing emergency medical services IDAPA 16.02.03, and its subsequent amendment(s).

MEDICAL TRANSFERS: Medical transfers which are nonemergent, require special equipment and/or vehicles and personnel with certified expertise as described within the rules governing emergency medical services IDAPA 16.02.03, and its subsequent amendment(s), and authorized by Canyon County.

PERSON: An individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency.

QUICK RESPONSE UNIT (NONTRANSPORT AGENCIES): Any vehicle or organizational configuration licensed by the department of health and welfare, EMS bureau, pursuant to rules governing emergency medical services IDAPA 16.02.03, rule 301, and its subsequent amendment(s), operating with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended as the vehicle that moves any sick or injured person from that location. This definition is not intended to include the term "ambulance service" as defined herein. (Ord. 03-013, 12-11-2003)
02-09-05: NAME OF THE DISTRICT:

The ambulance district established pursuant to Idaho Code, section 31-3908 has been, and shall continue to be, named the Canyon County ambulance district (hereinafter "district"). (Ord. 03-013, 12-11-2003)
02-09-07: USE OF TAX LEVIED:

The tax levied pursuant to Idaho Code, section 31-3908(4) shall be used solely for the operations and needs of the district and shall not be used to pay for or reimburse other entities who decide to provide additional service beyond that provided by the district except as otherwise approved by the board. (Ord. 03-013, 12-11-2003)
02-09-09: FEES FOR SERVICES:

The board shall establish, by resolution, a schedule of fees to be charged by the district for emergency ambulance, medical and transport services rendered by the district as authorized by title 31, chapter 39, Idaho Code. Fees for ambulance, medical and transport services collected pursuant to title 31, chapter 39, Idaho Code, for services rendered by the district shall not be used to pay for or reimburse other entities. Nothing in this article prohibits the district, at the sole discretion of the board, from entering into agreements with other entities regarding fees. (Ord. 03-013, 12-11-2003)
02-09-11: CAPITAL IMPROVEMENT ACCOUNT:

Pursuant to Idaho Code, section 31-3908(5) there is hereby created a capital improvement account for the purpose of purchasing buildings, land and equipment necessary for the operation of the district. (Ord. 03-013, 12-11-2003)
02-09-13: ADMINISTRATION OF DISTRICT SERVICES:


(1) Board: The board shall perform all functions and powers pursuant to title 31, chapter 39, Idaho Code.


(2) District: The district shall coordinate all ambulance services within the district pursuant to title 31, chapter 39, Idaho Code. The district may enter into joint powers agreements with other governmental entities to facilitate ambulance service pursuant to section 67-2328, Idaho Code.


(3) Director: The district director shall be appointed by and shall serve at the will and pleasure of the district board. The director shall report directly to the board, subject to such liaison and coordination as the board may direct. The director shall have responsibility for direction and supervision of the personnel and management of the facilities and equipment of the district.


(4) Physician Medical Director:

A. Director shall recommend to the board a licensed physician to serve as the physician medical director. The director may also recommend to the board one or more physicians to serve as assistants to the physician medical director.

B. The position of physician medical director and any assistant medical director shall be a contract position. The contract with the physician or physicians holding the position shall set forth the duties and responsibilities of the physician medical director and any assistant, the rate of remuneration to be paid and the term of appointment.


(5) Providers Committee: The district shall establish by resolution a voluntary committee, consisting of the quick response and ambulance service providers operating within the district, to conduct regular meetings regarding the interface and operations between such providers and may provide recommendations to the district. (Ord. 03-013, 12-11-2003)

02-09-15: ADVISORY BOARD:

The board shall establish an advisory board to be known as the emergency medical services advisory board, whose primary function shall be to identify and address issues of mutual concern that affect the healthcare system and the interface between the hospitals in Canyon County and their clinics and the district.


(1) The advisory board shall be chaired by the district's medical director who shall call a meeting of the membership quarterly and, if necessary, when issues for the advisory board have been identified. The members listed below shall be considered standing memberships selected by their respective agencies and serving at the pleasure and discretion of those agencies.


(2) The members shall include:

A. The district physician medical director or codirectors.

B. The hospital administrators of West Valley Medical Center and Mercy Medical Center or their designees.

C. The emergency department medical directors of West Valley Medical Center and Mercy Medical Center, or their designees.

D. The emergency department nurse managers from West Valley Medical Center and Mercy Medical Center.

E. One district paramedic.

F. One Canyon County commissioner.


(3) The presence of four (4) or more members shall constitute a quorum sufficient for conducting business as defined in this article.


(4) The district director, district assistant director and district office manager shall serve as resources to the advisory board.


(5) The advisory board shall have the authority to appoint and work through subcommittees charged with particular functions and shall, in addition, work with such other county officials and/or advisory committees as may be designated by the district director or the board. (Ord. 03-013, 12-11-2003)

02-09-17: AUTHORITY OF THE DISTRICT:

The district responds to all emergency medical services requests within the district as part of its governmental function pursuant to title 31, chapter 39, Idaho Code. The district's response shall begin from the time of the EMS request or dispatch until the patient is released from the district's medical care to appropriate medical care, or until such time the patient refuses treatment. District personnel are authorized to provide medical care consistent with the scope of practice approved by the district's medical director as set forth in the district's medical protocols. The district is the sole provider of EMS emergent and nonemergent ambulance transport service within the district boundaries, except as otherwise provided by this article. Nothing in this article prohibits the district, at the sole discretion of the board, from entering into joint powers agreements with other governmental entities for the purpose of providing ambulance services currently provided by the district. (Ord. 03-013, 12-11-2003)
02-09-19: DISTRICT AUTHORIZATION REQUIRED FOR OPERATION:


(1) District Authorization Required: It shall be unlawful for any person, as owner, agent, or otherwise, to conduct or operate an ambulance, ambulance service or medical transfers within Canyon County unless authorized by the district. Such authorization shall be made by resolution of the board unless otherwise set forth in this article or its subsequent amendment(s). Any such authorization shall also meet the requirements IDAPA 16.02.03 and its subsequent amendment(s). This is not intended to interfere with any quick response unit (nontransport agencies) or rural fire district operating within the district.


(2) Exemptions: The district authorization requirement shall not apply to the following:

A. An ambulance or ambulance service currently operated by an agency of the United States, an agency of the state of Idaho, or any political subdivision of the state of Idaho, within their jurisdictional boundaries on or before October 1, 2003, and including any annexations to any political subdivision of the state of Idaho, described above, occurring after October 1, 2003.

B. An ambulance which, at the request of the district, is rendering assistance to the district in the event of a major catastrophe or emergency in which the district seeks assistance from other resources.

C. A quick response unit/nontransport agency which, at the request of the district, is rendering assistance to the district in the event of a major catastrophe or emergency in which the district seeks assistance from other resources.

D. An ambulance operated from a location or headquarters outside of Canyon County which transports patients picked up outside of Canyon County to locations within Canyon County.

E. An ambulance used solely for educational purposes which do not include transporting patients or rendering of emergency medical service.

F. Aircraft of any type, fixed wing or helicopter. (Ord. 03-013, 12-11-2003)

02-09-21: CIVIL ACTION TO SECURE COMPLIANCE:

The board may institute an appropriate civil action to enjoin operation by any person or entity providing emergent or nonemergent ambulance service in violation of this article and/or to secure compliance with the provisions of this article. (Ord. 03-013, 12-11-2003)
02-09-23: ANNEXATION, DEANNEXATION, OR DISSOLUTION OF THE DISTRICT:

Pursuant to Idaho Code 31-3908(1)(f), the board of county commissioners of Canyon County shall, by resolution, establish procedures for annexation, deannexation, or dissolution of the district, which, such resolution may be amended, repealed or replaced by the board of county commissioners at their sole discretion. (Ord. 03-013, 12-11-2003)





CHAPTER 11
SOLID FUEL HEATING APPLIANCES

02-11-01: AUTHORITY AND NAME:

These provisions are authorized by Idaho Code sections 31-714, 31-801, 31-828, and the Idaho constitution, article 12, section 2. This article shall be cited as the CANYON COUNTY SOLID FUEL HEATING APPLIANCE AND FIREPLACE ORDINANCE. (Ord. 04-001, 1-28-2004)
02-11-03: PURPOSE:

The purpose of this article is to protect air quality resources vital to the public health, safety, and welfare of Canyon County residents and the economic future of Canyon County by controlling emissions from solid fuel and refuse burning. (Ord. 04-001, 1-28-2004)
02-11-05: DEFINITIONS:

For the purpose of this article, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory.

AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant or combinations thereof in such quality or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property.

AIR QUALITY INDEX (AQI): A system used by the department of environmental quality (DEQ) to report local, daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 (good) to 500 (hazardous) with the pollutant that has the highest ambient concentration measured in a given area determining the AQI.

BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other structure as defined by the international building code and international residential code as adopted by chapter 6, article 1, of this code.

BURN DOWN: That period of time following the declaration of an air pollution alert required for the cessation of combustion within solid fuel heating appliances or incineration included within this article.

CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by the United States environmental protection agency at the time of its manufacture.

ECONOMIC HARDSHIP: Fifty percent (50%) or less of Canyon County's median income as established by the U.S. department of housing and urban development.

FIREPLACE: A residential solid fuel burning device with an air to fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace".

HEAT OUTPUT: The British thermal unit (BTU)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by Canyon County.

PARTICULATE MATTER: Any gas borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon and other combustible matter.

PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity.

REFUSE: All solid waste materials which emit toxic contaminants or smoke or particulates when burned including, but not limited to: household garbage, tires or other rubber materials or products, junked motor vehicles or any materials resulting from motor vehicle salvage operation, plastics, petroleum products, dead animals or parts thereof, commercial waste, asphalt or composition roofing or any other asphaltic material or product, drywall, sheetrock, tar, tarpaper, floor underlayment, insulation, insulated wire, lumber or timber treated with preservatives, wet materials, pathogenic wastes, hazardous wastes, paint or chemicals, or any other materials that would otherwise be allowed under this definition but the burning of which is determined to be a nuisance or hazard by the authority having jurisdiction and responsibility for the administration and enforcement of regulations for the prevention and control of fires.

REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas fired pathological incinerators are excluded.

SOLE SOURCE: One or more solid fuel heating appliances which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating appliance shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building and connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane.

SOLID FUEL: Any form of untreated wood or coal.

SOLID FUEL HEATING APPLIANCE: Any enclosed device designed for solid fuel combustion that meets all of the following criteria:


(1) An air to fuel ratio averaging less than thirty five to one (35:1);


(2) Firebox volume less than twenty (20) cubic feet;


(3) Minimum burn rate less than five kilograms (5 kg) per hour; and


(4) Maximum weight of less than eight hundred kilograms (800 kg). Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces. (Ord. 04-001, 1-28-2004)

02-11-07: BURNING SOLID FUEL OR REFUSE:


(1) No person shall cause or allow refuse or coal to be burned in a solid fuel heating appliance designed for wood fuel.


(2) No person shall cause or allow refuse to be burned in a fireplace.


(3) No person shall cause or allow a refuse incinerator or solid fuel heating appliance to be operated contrary to the design, specifications, and manufacturer's instructions. (Ord. 04-001, 1-28-2004)

02-11-09: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA:


(1) The quality of Canyon County's air shall be determined by referencing pollutant levels reported by DEQ.


(2) In order to prevent the existence of air quality that is unhealthful, an air pollution alert will be in effect whenever the DEQ air quality index reaches seventy four (74) or higher for any pollutant within Canyon County, Ada County, or Elmore County, Idaho, and air stagnation conditions are forecasted to continue for at least twenty four (24) hours. It is the responsibility of the person operating a solid fuel heating appliance, fireplace, or refuse incinerator to monitor and be aware of the air quality index and air stagnation forecast. The air quality index and air stagnation forecast may be determined by calling DEQ or visiting the DEQ's web page. (Ord. 04-001, 1-28-2004)

02-11-11: AIR POLLUTION ALERT; ADDITIONAL RESTRICTIONS:


(1) At the onset and during the pendency of an air pollution alert, the following additional restrictions apply:

A. No person shall cause or allow, after a three (3) hour burn down, the operation of a solid fuel heating appliance or fireplace unless exempt under section 02-11-13 of this article.

B. No person shall cause or allow the operation of a refuse incinerator. (Ord. 04-001, 1-28-2004)

02-11-13: AIR POLLUTION ALERT EXEMPTIONS:


(1) The following shall be exempt from air pollution alert restrictions:

A. A solid fuel heating appliance or fireplace that is the sole source of heat for the building in which it is situated; or

B. Using alternative heating would cause an unreasonable economic hardship; or

C. The solid fuel heating appliance is a certified clean burning appliance. The owner of the solid fuel heating appliance shall be required to provide proof of the appliance being certified by the United States environmental protection agency upon request.


(2) Any building constructed after the effective date of this article shall not be eligible for an exemption under subsection (1)A of this section. (Ord. 04-001, 1-28-2004)

02-11-15: SOLID FUEL HEATING APPLIANCE SALES OR INSTALLATION:

It shall be unlawful on or after February 2, 2004, for any person in unincorporated Canyon County to: offer to sell for installation, or install in any new or existing building a solid fuel heating appliance which is not a clean burning appliance. (Ord. 04-001, 1-28-2004)
02-11-17: VIOLATION AND PENALTY:


(1) Violations Of Section 02-11-07 Or 02-11-11: The first violation of section 02-11-07 or 02-11-11 of this chapter is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such an amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The second violation of section 02-11-07 or 02-11-11 of this chapter within a three (3) month period from of the date of the first violation is hereby declared to be a nuisance and may be punishable as an infraction as defined in Idaho Code section 18-111 and subject to a fine in such an amount as prescribed in Idaho infraction rules, rule 9, and as such may be amended. The third violation of section 02-11-07 or 02-11-11 of this chapter within a three (3) month period from the date of the first violation is hereby declared to be a nuisance and may be punishable as misdemeanor as defined in Idaho Code section 18-111 and subject to a fine of three hundred dollars ($300.00). (Ord. 04-005, 2-9-2004, eff. 2-13-2004)


(2) Violation Of Section 02-11-15: Violation of section 02-11-15 is hereby declared to be a nuisance and may be punishable as a misdemeanor as defined in Idaho Code section 18-111 and subject to a fine of three hundred dollars ($300.00).


(3) Investigation Of Complaints: The director of the Canyon County development services (hereinafter referred to as the director), or their designated code enforcement officer shall be responsible for the investigation of complaints.


(4) Uniform Citation: Enforcement of this article may be by uniform citation issued pursuant to rule 5 of the infraction criminal rules and/or rule 5 of the misdemeanor criminal rules and by a law enforcement officer defined in rule 2(g) of the infraction criminal rules and/or rule 2(g) of the misdemeanor criminal rules. A law enforcement officer for purposes of this subsection shall include, but is not limited to, a Canyon County sheriff's deputy. A uniform citation for violation of this article shall be personally served upon the owner, if known, or the occupant or person in charge of the possession of the premises or property on which the nuisance is found. (Ord. 04-001, 1-28-2004)

02-11-19: SEVERABILITY CLAUSE:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this article as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 04-001, 1-28-2004)
02-11-21: EFFECTIVE DATE:

This article shall be and is hereby declared to be in full force and effect on February 2, 2004, and upon its passage, approval and publication as provided by law in one issue of the "Idaho Press-Tribune". (Ord. 04-001, 1-28-2004)





Chapter 3 - PUBLIC SAFETY

CHAPTER 1
OFFENSES

03-01-01: FALSE FIRE ALARMS:


(1) Authorization: This section is authorized by sections 31-714 and 31-828 of the Idaho Code.


(2) Fire Alarm Defined: For the purpose of this section, a fire alarm shall mean the giving, signaling or transmission to any public fire station or company or to any officer or employee thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire at or near the place indicated by the person giving, signaling or transmitting such information.


(3) Unlawful Acts: It shall be a misdemeanor for any person to:

A. Give, signal or transmit in any manner any false fire alarm;

B. Cause or permit to be given, signaled or transmitted in any manner any false fire alarm; or

C. Tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department.


(4) Penalty: Any person who shall violate any of the provisions of this section shall be punished as provided in Section 01-01-07 of this Code. (Ord. 80-005, 9-3-80, eff. 9-12-80; 1996 Code)

03-01-03: MINORS; RUNNING AWAY FROM PARENTAL CONTROL:


(1) Running Away: It shall be unlawful for any person or persons under the age of eighteen (18) years living or found outside the incorporated limits of any city in Canyon County, Idaho, to run away from his parents, guardian or other legal custodian.


(2) Out of Parental Control: It shall further be unlawful for any person or persons under the age of eighteen (18) years living or found outside the incorporated limits of any city in Canyon County, Idaho, to commit any act or acts placing him beyond the control of his parents, guardian or other legal custodian. (Ord. 68-001, 4-1-68)






CHAPTER 3
FIREARMS

03-03-01: CONCEALED WEAPON PERMITS:


(1) Authority: This section is established pursuant to Idaho Code sections 18-3302, 31-714 and 31-870.


(2) Purpose: The purpose of this section is to establish an application fee for permits to carry concealed weapons. This fee will be used to defray the expenses of the Canyon County sheriff's office in complying with its duties under Idaho Code section 18-3302.


(3) Fee: There shall be a fee of thirty dollars ($30.00) for all applications made with the Canyon County sheriff's office for permits to carry concealed weapons. This fee shall be paid at the time of applications and shall be nonrefundable. (Ord. 92-001, 3-24-92, eff. 4-6-1992)

03-03-03: HOURS THAT DISCHARGING A FIREARM FOR RECREATIONAL PURPOSES IS PROHIBITED:

The discharge of firearms for recreational purposes within the unincorporated areas of Canyon County, Idaho, between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. is prohibited. Violators of this section shall be guilty of a misdemeanor and punishable as provided in Section 01-01-07 of this Code. (Ord. 77-003, 3-22-77; 1996 Code)





CHAPTER 5
ANIMAL CONTROL REGULATIONS

03-05-01: TITLE:

This article shall be known as the CANYON COUNTY ANIMAL CONTROL REGULATIONS OF 2011. (Ord. 11-010, 9-29-2011)
03-05-03: PURPOSE AND AUTHORITY:

This article is intended to help solve the problems caused by unowned, unwanted and undisciplined canines running at large in Canyon County, Idaho, and to provide for determination, registration and disposal of vicious animals in the county. This article is also designed to help solve the problems caused by "livestock", "fowl" or "poultry", and other animals as defined herein, except felines, domestic or feral, from running at large in the county. This article is enacted upon the authority derived from Idaho Code, sections 25-2801 et seq., 31-801, 31-828 and 31-714 to provide for the health, safety and welfare of the public. (Ord. 11-010, 9-29-2011)
03-05-05: DEFINITIONS:

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

ABANDON: To completely forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangements for its proper care, sustenance and shelter.

ABUSE: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal's bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care and attention.

ANIMAL: Any member of the animal kingdom (Animalia) other than humans.

Domestic (Pet): An animal that lives in or near the habitations of humans, often tame, which is kept for companionship or utility but not for commercial purposes, including, but not limited to: amphibians (nonvenomous), felines, canines, hybrids, birds (excluding licensed birds of prey), reptiles (lizards, nonvenomous snakes), rodents (hamsters, gerbils, mice, rats, ferrets), aquarium fish, rabbits (although these are often "farmed"), poultry (chickens, turkeys), fowl (ducks, geese, peacocks) and insects.

Exotic: Animals not usually considered to be pets or livestock. The term connotates unique or special in nature (see definition of Animal: Exotic, Wild).

Exotic, Wild: Species (including hybrids) not native to the state of Idaho, whether or not in captivity, including, but not limited to: chukar, red fox, squirrels, lions, tigers, elephants, monkeys, dangerous reptiles (alligators, crocodiles, gila monsters), valley quail, pheasants, emus (also includes feral animals).

Feral: An animal that belongs to a domestic or livestock species but behaves like a wild, free ranging species. They may or may not belong to humans.

Native Wild: Free ranging species (including hybrids) presently native to the state of Idaho including: bats, black bears, beavers, birds of prey (eagles, falcons, hawks, vultures, owls), magpies, mountain quail, mink, muskrats, bobcats, cougars, deer, elk, moose, kit fox, coyotes, gray wolf, skunks, weasel, badgers, raccoons, chipmunks, marmots, pocket gophers, ground squirrels, rabbits, mice, wood rats, river otters, porcupines, lizards, turtles, snakes, toads, frogs, songbirds, waterfowl (ducks, geese), ravens, crows, various fish and insects.

Stock: See definition of Livestock.

Wild: Any animal of any size or species considered potentially dangerous or to have a greater than average chance to create nuisance and thereby disturb the public or whose presence in the community is an abnormality. These are animals not normally kept in captivity and may include, but are not limited to, the animals listed under the definitions of Animal: Exotic, Wild and Animal: Native Wild. Other animals normally associated with a zoo environment or considered protected or endangered species, are included here as well. (Note: Persons, groups, or centers commonly associated with maintaining wild animals include rehabilitators, falconers, and game ranches who are all to be licensed by various state and federal agencies.)

ANIMAL CONTROL OFFICER: Any person designated by the sheriff, whether a sworn deputy or civilian employee, whose primary duties involve the enforcement of this article.

AT LARGE: (1) Off the premises of the owner and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint.

(2) On the premises of the owner and not confined by substantial fence of sufficient strength and height to prevent the animal from escaping therefrom or secured on the premises by a metal chain, cable, adequately functional electronic containment fence, or other nondestructive device sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises and not come any closer than six feet (6') to a public walkway or sidewalk when the restraint leash is stretched to full length.

BOARD: The Canyon County, Idaho, board of county commissioners.

CANINE: Shall include either male or female, whether neutered or spayed, whether fully domesticated canine or domestic hybrid.

COUNTY: Canyon County, Idaho, or the unincorporated areas of Canyon County, Idaho.

COUNTY ANIMAL SHELTER: Premises selected by the sheriff as a suitable facility for the requirements of this article, or a facility which has contracted with the board to meet the requirements of this article.

ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping.

FELINE: Shall include either male or female cat of any breed or mixed breed whether neutered or spayed.

FOWL: See definition of Animal: Domestic (Pet).

HYBRID: An animal resulting from the crossbreeding between two (2) different species or types of animals. A cross between a domestic animal and a wild animal such as a wolf-dog cross or coyote-dog cross, would be considered a domestic animal whereas a cross between two (2) wild animals would be considered a wild animal.

IMPOUNDED: Taken into custody of the sheriff as provided in this article.

LIVESTOCK: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.

MICROCHIP: An integrated circuit which is implanted subcutaneously in the flesh of a canine.

MISUSE: The intentional causing of an animal to perform a noncustomary task which could be dangerous or harmful to the animal.

MUNICIPALITY: Either the county or the city that has enacted the ordinance codified in this article.

OWNER: Shall be construed to include any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal.

POULTRY: See definition of Animal: Domestic (Pet).

SHELTER: Any structure or object that provides protection from the sun and/or elements (inclement weather). Said structure or object must be solid or permanent enough to uphold against the elements (inclement weather).

SHERIFF: The duly elected sheriff of Canyon County, Idaho, and his or her agents, deputies, and animal control officers. This definition shall include both sworn and civilian personnel.

VICIOUS ANIMAL: (1) Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or places or private property not owned or possessed by the owner of the animal;

(2) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings, domestic animals or livestock;

(3) Any animal which bites, inflicts injury, assaults or otherwise attacks a human being, domestic animal or livestock without provocation;

(4) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

Notwithstanding the definition of a "vicious animal" above, no animal may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a wilful trespass or other tort upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime. No animal may be declared vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. (Ord. 11-010, 9-29-2011)

03-05-07: ENFORCEMENT:


(1) Enforcement By Animal Control Officer:

A. The enforcement of this article shall be the responsibility of the animal control officer within the unincorporated areas of the county and within participating municipalities. The sheriff shall bestow the authority of a deputy sheriff upon the animal control officer.

B. It is unlawful for any person to hinder, molest or in any way interfere with any animal control officer while the officer is lawfully engaged in the performance of his/her duties.


(2) Adoption And Enforcement Of Animal Control Ordinance By Cities In The County: The municipalities within Canyon County shall be responsible for the adoption and enforcement of the county animal control ordinance or their own ordinances. (Ord. 11-010, 9-29-2011)

03-05-09: KENNEL LICENSING:


(1) Personal Kennel License: It is unlawful to keep, maintain or possess upon the premises of any one household more than three (3) canines three (3) months of age or older in an unincorporated area of the county unless the owner or person in charge thereof shall have obtained a personal kennel license for a maximum of five (5) canines.


(2) Kennel License: A kennel license shall only be permitted and issued in accordance with the terms and provisions of the county zoning ordinance1; provided, however, that notice of any public hearing required on any application for a kennel license shall be mailed to all abutting property owners within the boundary line of an area determined by the intersection of lines drawn six hundred feet (600') at right angles out from and parallel to all sides of the tract whereupon such kennel is to be erected or maintained. Where dedicated street rights of way are encountered, they shall be included in establishing the six hundred foot (600') boundary line around the tract.

A. License Fee: A kennel license shall be issued when the applicant pays the annual kennel license fee as established by the board provided the requirements established in this section have been fulfilled.

B. Location: No kennel shall be established within one hundred fifty feet (150') of any dwelling house other than that of the kennel owner; provided, however, that a kennel license may be issued to establish a kennel within one hundred fifty feet (150') of a dwelling house other than that of the kennel owner upon consent of all property owners within three hundred feet (300') of the kennel.

C. Condition; Noise: Said canine kennel shall be kept at all times in a clean and sanitary condition and the canines shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent, or habitual barking, yelping or howling.


(3) Kennel License Fee: The kennel license fee is thirty dollars ($30.00) per year. This fee may be amended by resolution of the board of county commissioners. (Ord. 11-010, 9-29-2011)

03-05-11: CANINES; COLLAR AND TAG:

Every canine shall at all times wear a substantial and durable collar to which shall be securely attached ownership information for the canine. This collar and tag requirement shall not apply if the canine has been implanted with a microchip containing ownership information for the canine. (Ord. 11-010, 9-29-2011)
03-05-13: RABIES, DISEASE AND QUARANTINE:


(1) Afflicted Animals Prohibited: It is unlawful for a person other than a veterinarian or the county animal shelter to own, keep or harbor any animal afflicted with rabies.


(2) Duty To Detain: The sheriff or his/her designee or the owner shall secure the disposition of any animal afflicted with rabies.


(3) Suspect Animals: It is the duty of every owner of an animal showing symptoms of rabies, or for which the owner has no proof of current rabies vaccination, or which has bitten any person causing an abrasion of the skin, to surrender the animal for confinement and isolation at the county animal shelter or to a licensed veterinarian for a period not to exceed fifteen (15) days (but not less than 10 days from the date of the bite); provided, for the animals with proof of a current rabies vaccination, the sheriff or his/her designee has the discretion to allow the canine to be quarantined in the owner's home under such terms and conditions as the sheriff or his/her designee shall impose. If such animal shall be determined free of rabies, it shall be released from quarantine or returned to the owner upon payment of the regular fee for keeping such animal impounded, if applicable. If such fee is not paid, the animal shall be subject to disposal as provided in this section.


(4) Sterilization: If a canine over three (3) months of age is quarantined pursuant to this section and has not been sterilized, the owner or claimant must have the canine sterilized. The owner or claimant is responsible for the cost of sterilization.


(5) Redemption: If the owner of any canine impounded under this article shall fail to pay the required fees within twenty four (24) hours after actual notice to the owner, or within five (5) working (business) days, excluding Saturdays, Sundays and holidays, after reasonable or diligent effort to notify the owner, the canine may be disposed of through adoption or through euthanasia.


(6) Contagious Diseased Animals: Any animal which has a contagious disease shall not be shipped or removed from the premises of the owner of such animal except under the supervision of the sheriff.


(7) Rabies Inoculation: It is unlawful to keep or harbor any canine or feline over the age of three (3) months in the county unless such canine or feline has been inoculated against rabies within the preceding three (3) years. (Ord. 11-010, 9-29-2011)

03-05-15: RUNNING AT LARGE PROHIBITED:


(1) Canines:

A. Canine At Large: It shall be unlawful for any person to allow a canine which he owns, keeps, or harbors to be at large or to negligently fail, neglect or refuse to prevent a canine which he owns, keeps or harbors from being at large upon the roads, streets or alleys of the county or any public place of the county or upon any premises other than his own. Any person found in violation of this provision shall be guilty of an infraction and shall be punished as provided in Idaho Code section 18-113A, as amended.

B. Canine At Large, Third Offense In Five Years: Any person who pleads guilty to, is found guilty of, or is in any manner convicted of more than two (2) violations of subsection (1)A, "Canine At Large", of this section, within five (5) years, shall be guilty of a misdemeanor and shall be punished as provided in Idaho Code section 18-113, as amended.

C. Confinement Of Female Canines In Heat: It shall be unlawful for the owner, keeper or possessor of a female canine in the estrus state (in heat) to negligently fail, neglect or refuse to confine such animal indoors or in a type of kennel preventing nuisance or undesired fertilization by male canines unless restrained by the owner or possessor and under the immediate control of the owner or possessor (e.g., in their accompaniment if off the property).


(2) Livestock:

A. Prohibited: It shall be unlawful for any person to allow livestock which he owns, keeps or harbors to be at large upon the roads, streets or alleys of the county or upon any premises other than his own.

B. Herding Or Driving Animals: It shall be unlawful for anyone to herd or drive any animal through the county without having said animal under control by means of rope, strap or other device by which it may be led, unless such animal is being driven in harness or hauled; it is hereby made and shall be the duty of any animal control officer of the county to seize and impound any and all horses, mules, donkeys, burros, cattle, sheep, goats, llamas, buffalo or pigs found running at large within the county.

C. Exception: This subsection (2) shall not be construed as prohibiting stockmen from driving herds through the county when necessary to transfer them from one pasture to another or for the purpose of shipping, but such stockmen so driving stock through the county shall be liable to property owners for all damages done to their property by such stock while being driven through the county, whether or not such damage is caused by the negligence of the said stockman or his agents. Such stock shall be driven through the county in as short a time as possible.


(3) Fowl And Poultry: It shall be unlawful for any person to keep fowl, guineas or poultry unless such fowl, guineas or poultry are at all times kept upon his own premises, within a shed, pen or other enclosure sufficient to restrain said fowl, guineas or poultry from trespassing upon the property of others.


(4) Animals At Large: It shall be unlawful for any animal(s) (except felines, domestic or feral), owned or possessed by an individual to be at large upon the roads, streets or alleys of the county or any public place of the county or upon any premises other than his own. Waterfowl in county parks are exempt from this section. (Ord. 11-010, 9-29-2011)

03-05-17: IMPOUNDING:


(1) Canine:

A. Apprehension Of Canine Running At Large: It shall be the duty of the animal control officer and peace officer of the unincorporated areas of the county or peace officer of participating municipalities to apprehend any canine found running at large or disturbing the peace contrary to the provisions of this article, and to impound such canine in the county animal shelter or other suitable place, provided that if any fierce, dangerous or vicious canine found running at large cannot be safely taken up and impounded, such canine may be slain by any peace officer or animal control officer.

B. Record To Be Made: The animal control officer or peace officer so impounding or slaying any canine shall record a description of the canine in a book kept for that purpose.

C. Recovery Of Impounded Canines: The owner of any canine impounded may recover possession of same upon payment of all applicable fees or fines which includes, but is not limited to, impound fees, rabies vaccinations, and board fees. If the owner or representative of the owner of any canine impounded shall fail to pay the required fees within twenty four (24) hours after actual notice to the owner, or within five (5) working (business) days, excluding Saturdays, Sundays and holidays, after reasonable or diligent effort to notify the owner or representative of the owner, the animal may be disposed of through adoption or euthanasia.

D. Diseased Animals; Destruction: Any animal impounded and suffering from serious injury or disease may be euthanized.

E. Traps: Animal control officers are authorized to place humane animal traps on public or private property upon request and permission of the owner. Such traps shall be checked daily by the animal control officers.

F. Freeing Of Impounded Animals Prohibited: It shall be unlawful to break open or in any manner directly or indirectly aid or assist in the breaking open of any pen or enclosure with the intent of releasing any animal when such animal has been detained by those individuals authorized to detain animals under this section.

G. Releasing Canines From County Shelter Or Place Of Observation: It shall be unlawful for any person, except those responsible for the enforcement of this article, to release any canine without the consent of the owner to release his/her own or any other canine from the county animal shelter or from any other place where an animal, canine or poultry may be held for observation.


(2) Livestock:

A. Apprehension Of Animals Running At Large: If any animals shall be found running at large contrary to the provisions of this article, the animal control officer or any other peace officer of the county or participating municipalities may take up and confine the same in a livestock yard or other suitable place pursuant to Idaho Code section 25-2302, after first notifying the Idaho state brand inspector of the situation and discussing his intentions concerning the same.

B. Animals Disturbing The Peace: In the case of an animal disturbing the peace, there shall be an attempt to contact the owner at his home and a warning issued. If the owner is not present or does not heed the warning, the animal may be impounded in accordance with this article. Such animal taken up and confined shall not be released until the owner or person entitled to have possession thereof shall pay all fees, including all expenses incurred in boarding such animal so impounded.

C. Impounded Livestock Redemption: Any animal impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(3) Fowl And Poultry:

A. Apprehension Of Fowl And Poultry At Large: If any fowl or poultry shall be found running at large contrary to the provisions of this article, it is hereby made the duty of the animal control officer or any other peace officer of the county or participating municipalities to take up and confine the same in a livestock yard or other suitable place.

B. Redemption Of Fowl And Poultry: Any fowl or poultry impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(4) Other Animals Running At Large:

A. Apprehension Of Animals Running At Large: If any animals, including domestic pets (except felines, domestic or feral, or canines or fowl and poultry), or exotic animals as defined in section 03-05-05, "Definitions", of this article shall be found running at large contrary to the provisions of this article, it is hereby made the duty of the animal control officer or any other peace officer of the county or participating municipalities to take up and confine the same in the county animal shelter, livestock yard, or other suitable place.

B. Redemption Of Animals: Any animal impounded because it was found running at large may be redeemed by the owner prior to the sale or destruction of such animal, by paying all charges against the same, including all fees under this article and expenses incurred in boarding such animal so impounded.


(5) Holding Period Prior To Disposition:

A. Five Working Day Holding Period: Animals impounded under this article shall be held for five (5) working (business) days, excluding Saturdays, Sundays and holidays, before they may be adopted or disposed of in a humane manner.

B. Holding Period Modification: The county animal shelter or sheriff may modify the holding period regulations of this subsection, upon a showing of good cause. Any animal that appears to be infected with rabies or other infectious or dangerous diseases or is seriously injured may be immediately euthanized.


(6) Sterilization: Upon the third impound of the same unsterilized canine, the canine shall be sterilized before it is returned to the owner. The owner shall be responsible for the cost of sterilization. (Ord. 11-010, 9-29-2011)

03-05-19: IMPOUND AND BOARDING FEES:


(1) Impound Fees For Canines Established:

Impound   Licensed Canine1   Unlicensed Canine  
First impound   $  25.00   $  50.00  
Second impound   50.00   75.00  
Third impound   75.00   125.00  
Fourth and subsequent impounds   100.00   175.00  

Note:
1. Licensed canine impound fees apply to those canines with a current and valid license issued under ordinance 04-009, as amended.


(2) Additional Impound Fees: In addition to the above fees, the following fees shall be assessed for unsterilized canines, unless the owner agrees to have the animal sterilized:

First impound   $100.00  
Second impound   200.00  
Third impound   Mandatory sterilization  


(3) Certain Fees Waived For Sterilization: Upon the first impound of an unsterilized canine, the additional impound fee noted in this section will be waived if the owner elects to have their canine sterilized. The owner will be responsible for the costs of sterilization. Upon the second impound of an unsterilized canine, the impound fees associated with unsterilized canines will be waived if the owner elects to sterilize the canine. The owner is responsible for the costs of sterilization.


(4) Impound (Reclaiming) Fees For Felines: Any feline may be reclaimed by the owner, subject to the fees described herein. The reclaiming fee shall be fifteen dollars ($15.00) if the owner provides satisfactory proof that the feline has been spayed or neutered. If the owner has the feline spayed or neutered after impoundment, the reclamation fee shall be twenty five dollars ($25.00). If the owner of the feline desires to have the animal returned to him/her without spaying or neutering the feline, the reclamation fee shall be fifty dollars ($50.00).


(5) Impound Fees For Other Animals Established:

First impound   $  25.00  
Second impound   50.00  
Third impound   75.00  
Fourth and subsequent impounds   100.00  


(6) Board Fees: In addition to the above impound fees, at the time of redemption, a person redeeming an animal under this article shall pay the costs incurred in boarding and keeping the animal during impoundment.


(7) Amendment Of Fee: The fees or fee schedules authorized by this article may be amended by resolution of the board of county commissioners. (Ord. 11-010, 9-29-2011)

03-05-21: PROHIBITED ACTS:


(1) Animals In Public Places:

A. Prohibited: It is unlawful for any person to permit, allow, keep or carry any animal in, upon or within a public transportation facility, or any other public building or facility.

B. Animals Within Public Parks, Golf Course, Cemetery: No canines, horses, cattle or livestock of any kind shall be allowed within any public park, golf course, or cemetery within the county or participating municipalities, except when such an animal is kept confined in a vehicle or trailer.

C. Exception: A blind or partially blind person, or any person who requires a guide canine shall not be denied the use of any common carrier or public transportation facility or admittance to any other public building or place within the county by reason of his being accompanied by a seeing eye or guide canine specially trained for such purpose. It is the intent of this article to permit and authorize a blind person or partially blind person or a person with impaired hearing or any severely disabled person who requires a guide canine to have a seeing eye or guide canine with him in such place and while using such facilities without being required to pay any additional charges for the canine, but such blind person shall be liable for any damage or disturbances caused by such canine.


(2) Animals Unattended In Vehicles: No person shall leave a canine or other animal in any unattended motor vehicle without adequate ventilation and sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health and safety.


(3) Disturbing The Peace: It is unlawful for any owner of a canine to fail to exercise the reasonably necessary proper care and control of his/her canine in order to prevent it from disturbing the peace and quiet of the neighborhood by barking, whining or making loud or unusual noises, or by running through or across cultivated gardens or lawns not the property of the owner.


(4) Cruelty To Animals:

A. It shall be unlawful for any person to torture or beat, starve, abuse, misuse, abandon or otherwise ill treat any animal in his/her care or charge, whether belonging to himself/herself or any other person.

B. It is the duty of any animal control officer or peace officer to take possession of any animal for which he has probable cause to believe falls under Idaho Code, title 25, chapter 35, cruelty to animals, and deliver such animal to the county animal shelter or veterinarian at the discretion of the animal control officer.


(5) Attacks And Fights Prohibited:

A. Commanding An Animal To Attack Prohibited: Except where great bodily harm or death is likely to immediately ensue, it is unlawful for any person to command, encourage or aid by word or conduct, any animal to bite, chase, attack or attempt to bite, chase or attack another person or animal.

B. Canine Fights Or Cockfights Prohibited: It shall be unlawful for any person to participate in any canine fight or cockfight within the unincorporated areas of the county or within the limits of participating municipalities.


(6) Public Property: It is unlawful for any person to chain, stake out, graze or herd any animal, including, but not limited to, a dog or cat, on any unenclosed premises so any part of the animal extends onto or over a sidewalk, alley, street, or other public property or beyond the owner's property line or in a commonly held area accessible to the public.


(7) Unlawful Retention Of Stray Animals: If a person does not have the knowledge and consent of the owner of an animal, then that person shall report the possession of the animal to the sheriff no later than twenty four (24) hours after first coming into possession of the animal. The person shall give his name and address, a description of the animal, the circumstances under which he came into possession of the animal and the current location of the animal. He shall immediately surrender the animal to the sheriff upon demand.


(8) Restraint Devices: A rope, chain, electronic containment fence, or other device may be used to restrain an animal, provided the following criteria are met:

A. The device must be affixed to the animal by use of a nonabrasive, comfortable, fitted collar or harness.

B. The device must be at least twelve feet (12') long unless such length would violate subsection (6) of this section, in which case it shall be no less than eight feet (8') long. The device must be fastened so the animal can sit, walk and lie down comfortably, and must be unobstructed by objects that may cause the device or animal to become entangled or strangled. Any chain or tether shall have swivels on both ends. No chain or tether shall weigh more than one-eighth (1/8) of the dog's or puppy's weight.

C. The animal must have easy access to adequate shade, shelter, food and potable water.

D. The area where the animal is confined must be kept free of garbage and other debris that might endanger the animal's health or safety. Feces must be cleaned up regularly, but no less frequently than once a day.

E. The area where the animal is confined must be kept free of insect infestation, such as ant hills, wasps' nests, flea, tick and maggot infestations. (Ord. 11-010, 9-29-2011)

03-05-23: VICIOUS ANIMALS:


(1) Determination:

A. Determination Hearing: In the event that the animal control officer or law enforcement officer has probable cause to believe that an animal is vicious, the sheriff or his/her designee shall be empowered to convene a hearing for the purpose of determining whether or not the animal in question should be declared vicious.

B. Investigation; Notice Of Hearing: The sheriff or his/her designee shall conduct or cause to be conducted an investigation and shall notify in writing the owner of the animal that a hearing will be held, and at what time he may have the opportunity to present evidence why the animal should not be declared vicious. The hearing shall be held promptly within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the animal. The hearing shall be informal and shall be open to the public.

C. Notice Of Determination: After the hearing, the owner of the animal shall be notified in writing of the determination. If a determination is made that the animal is vicious, and the owner has not filed a timely appeal pursuant to this section then the animal shall be destroyed. If the owner files a timely appeal, the animal shall be maintained at the county animal shelter pending the result of the appeal.

D. Contest By Owner; Notice: If the owner of the animal contests the determination, he/she may, within five (5) days of such determination, bring a petition in the magistrate court of the third judicial district praying that the court conduct its own hearing on whether or not the animal should be declared vicious. After service of notice upon the sheriff, the court shall conduct a hearing de novo and make its own determination as to viciousness. Upon the sheriff being served notice, the hearing shall be conducted within fourteen (14) days. The issue shall be decided upon a preponderance of the evidence. If the court rules the animal to be vicious and the owner fails to file a timely appeal of the court's decision, then the animal shall be destroyed.

E. Court Decision: The court may decide all issues for or against the owner of the animal regardless of the fact that said owner fails to appear at said hearing.

F. Decision Conclusive; Subsequent Actions: The determination of the court shall be final and conclusive upon all parties. However, the animal control officer or any law enforcement officer shall have the right to declare an animal to be vicious for any subsequent actions of the animal.

G. Seizure, Impoundment; Costs: In the event that the animal control officer or law enforcement officer has probable cause to believe that the animal in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the animal control officer or law enforcement officer may seize and impound the animal pending the aforesaid hearings. The owner of the animal shall be responsible for the costs and expenses of impoundment of such animal.

H. Appeal From Magistrate Court: The decision of the magistrate court may be appealed to the district court by an aggrieved party within forty two (42) days of the decision. The animal shall remain impounded pending the appeal. If the district court finds, upon review of the record and after hearing the arguments of the parties, that the animal is not vicious, such animal may be released to the custody of the owner upon payment of the expense of keeping such animal. The costs shall be paid in full prior to the release of said animal.


(2) Exemptions: The provisions of this section shall not apply to K-9 or other animals owned by any police department or any law enforcement officer which are used in the performance of law enforcement work. (Ord. 11-010, 9-29-2011)

03-05-25: UNIFORM SUMMONS; PROSECUTION; FINE SCHEDULE:


(1) Violations; Citation:

A. Violations: Unless specifically provided otherwise, violations of the provisions of this article shall be a misdemeanor and shall be punished as set forth in Idaho Code 18-113, as amended, or in accordance with any more specific section(s) of this article.

B. Citation: The Idaho uniform citation shall be used by the animal control officer and peace officer in the enforcement of this article.


(2) Fine Schedule: The fine schedule for failure to show proof of a current rabies vaccination shall be forty dollars ($40.00) plus court costs for each offense and may be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. The fine schedule for failure to confine a canine in heat shall be a minimum of fifty dollars ($50.00) plus court costs for a first offense. The fine schedule for a second such offense within five (5) years shall be a minimum of one hundred dollars ($100.00). The fine schedule for a third and any such subsequent offense within five (5) years shall be a minimum of one hundred fifty dollars ($150.00). These fines may also be paid to the court or as provided by rule 14 of the misdemeanor criminal rules. The court may also impose community service, in addition to these above fines. No other penalty shall apply for these offenses. (Ord. 11-010, 9-29-2011)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 7 of this code.





CHAPTER 7
FIREWORKS


(Rep. by Ord. 01-008, 7-9-2001)







CHAPTER 9
PICKLES BUTTE LANDFILL SHOOTING PROHIBITION

03-09-01: TITLE, STRUCTURE, PURPOSE, AUTHORITY:


(1) Short Title: This Article shall be known as the PICKLES BUTTE LANDFILL SHOOTING PROHIBITION ORDINANCE.


(2) Structure: Titles and subtitles of this Article are only used for organization and structure and the language in each paragraph of this Article should control with regard to determining the legislative intent and meaning of the Board.


(3) Purpose: The purpose of this Article is to provide for and further the health, safety and welfare of the public by prohibiting the discharge of firearms at and/or from the Pickles Butte Landfill which is owned by Canyon County, Idaho.


(4) Authority: This Article is authorized by article 12, section 2, Idaho Constitution, Idaho Code sections 31-601, 31-714, 31-801, and 31-828. (Ord. 97-019, 6-12-1997)

03-09-03: DEFINITIONS:

For purposes of this Article, words shall have the following meanings:

COUNTY: Canyon County, Idaho.

FIREARM: The instrument from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means. This term includes crossbows and bows and arrows.

LANDFILL: The entire County landfill. The landfill is more particularly described as Parcel #1 and Parcel #2 as shown below:

Parcel #1

A parcel of land lying in Section 21, Township 2 North, Range 3 West, Boise Meridian, Canyon County, Idaho being more particularly described in survey #857569 filed March 27, 1997 and as follows.

Commencing at the southwest corner of Section 21, Township 2 North, Range 3 West, Boise Meridian, Canyon County, Idaho, the true point of beginning,

thence N 0 05' W 5298.96' to the northwest corner of section 21,

thence N 89 31' 10" E 1322.20' along the north boundary of section 21 to the NE corner of the NWNW,

thence S 0 06' 17" E 1324.33 along the east boundary of said NWNW to the SE corner of said NWNW,

thence 89 30' 06" E 1322.70' along the north boundary of the SENW to the NE corner of said SENW,

thence 89 30' 47" E 660.69' to the NE corner of the W1/2SWNE,

thence 0 08' 49" E 3969.71' to the SE corner of the W1/2SWSE,

thence S 89 25' 35" W 3310.53' along the south boundary of section 21 to the SW corner thereof, the true point of beginning.

Parcel #2

A parcel of land deeded to Canyon County on instrument #9301881 more particularly described as follows.

The SE of the NE of the NE and the east half of the SE of the NE of Section 20, Township 2 North, Range 3 West, Boise Meridian, Canyon County, Idaho.

and

The westerly 30 feet and the northerly 30 feet of the NE of the NE of the NE of Section 20, Township 2 North, Range 3 West, Boise Meridian, Canyon County, Idaho.
(Ord. 97-019, 6-12-1997)

03-09-05: DESIGNATION AS A NO SHOOTING AREA/DISCHARGE OF FIREARM PROHIBITED:

The landfill shall be designated as a "no shooting" area. The landfill may be posted and/or marked as a "no shooting" area. No person shall discharge any firearm from or at the landfill. This prohibition does not apply to a peace officer or county officials and/or employees acting within the course and scope of their duties. Nothing in this section shall be construed to abridge the rights accorded to individual citizens under Idaho Code section 18-3302J(3)(a-e). (Ord. 15-006, 3-13-2015)
03-09-07: DESTRUCTION OF SIGNS AND/OR MARKERS PROHIBITED:

No person shall maliciously injure or destroy signs and/or markers referred to in section 03-09-05 of this article. (Ord. 97-019, 6-12-1997)
03-09-09: ASSUMPTION OF RISK:

Any person visiting or using the landfill does so at that person's risk. (Ord. 97-019, 6-12-1997)
03-09-11: PENALTY:

A violation of this article shall constitute a misdemeanor and shall be punishable in accordance with Idaho Code section 18-113, as amended. (Ord. 97-019, 6-12-1997)
03-09-13: SEVERABILITY CLAUSE:

Should any provision of this article be declared by a court of a competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this article in whole or in part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 97-019, 6-12-1997)
03-09-15: EFFECTIVE DATE:

This article shall be and is hereby declared to be in full force and effect upon its passage, approval and publication as provided by law in one issue of the Idaho Press-Tribune. (Ord. 97-019, 6-12-1997)





CHAPTER 11
JUVENILE CURFEW

03-11-01: SHORT TITLE:

This Article shall be known as the CANYON COUNTY JUVENILE CURFEW ORDINANCE. (Ord. 96-010, 5-15-1996)
03-11-03: PURPOSE:

The purposes of this Article are as follows:


(1) To provide for and further the health, safety and welfare of the public;


(2) To protect juveniles' health and welfare which include their care, guidance and control;


(3) That parents, guardians and/or other persons having legal custody are responsible for providing for the physical custody, welfare and control of a child and to determine where and with whom the child shall live, and to provide the child with care, education and discipline;


(4) To reduce instances of juvenile nocturnal crime;


(5) A child who is unaccompanied by an adult having custodial rights or an adult person designated by a person having custodial rights and who remains upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, places, buildings, places of amusement, eating places, vacant lots or other locations, unsupervised by such adult, having unlawful authority to be at such place during certain evening and early morning hours is at greater risk for injury, becoming a victim of crime, being involved in criminal activity, being a danger to persons or property or otherwise being subject to danger. (Ord. 96-010, 5-15-1996)

03-11-05: AUTHORITY:

This Article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution and sections 31-714, 31-801 and 31-828 Idaho Code. (Ord. 96-010, 5-15-1996)
03-11-07: JUVENILE VIOLATION OF CURFEW DECLARED UNLAWFUL:


(1) Children Under Sixteen: It is unlawful for any juvenile who is under sixteen (16) years of age to remain upon any street, highway, road, alley, park, playground or other public places, or buildings or places of amusement, eating establishments, vacant lots and/or any other place, without being accompanied by an adult having custodial rights or an adult person designated by the adult having custodial rights of said child between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. of the following day, provided that the provisions of this Section shall not apply in the instances noted in subsection (4) of this Section;


(2) Weekday Curfew: It is unlawful for any juvenile, being an individual who is between sixteen (16) and eighteen (18) years of age, to remain upon any street, highway, road, alley, park, playground or other public places, or buildings or places of amusement, eating establishments, vacant lots and/or any other place, without being accompanied by an adult having custodial rights or an adult person designated by the adult having custodial rights of said child during the weekdays, specifically Sunday through Thursday, between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M. of the following day, provided that the provisions of this Section shall not apply in the instances noted in subsection (4) of this Section;


(3) Weekend Curfew: It is unlawful for any juvenile, being an individual who is between sixteen (16) and eighteen (18) years of age, to remain upon any street, highway, road, alley, park, playground or other public places, or buildings or places of amusement, eating establishments, vacant lots and/or any other place, without being accompanied by an adult having custodial rights or an adult person designated by the adult having custodial rights of said child during the weekends, specifically Friday and Saturday, between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. of the following day, provided that the provisions of this Section shall not apply in the instances noted in subsection (4) of this Section;


(4) Exceptions: Subsections (1) through (3) of this Section shall not apply in the following instances:

A. When the child is upon an emergency errand directed by his or her parent or guardian or other adult person having the lawful care and custody of such juvenile;

B. When the child is returning directly home from a school activity, school entertainment, school or recreational activity or school dance;

C. When the child is either going to or going from his/her place of residence to lawful employment and/or is working at the child's place of employment;

D. When the child is attending or traveling directly to or from an activity involving the lawful exercise of First Amendment rights of free speech, freedom of assembly or free exercise of religion;

E. When the child is in a motor vehicle with parental consent for normal travel with interstate travel through the County. (Ord. 96-010, 5-15-1996)

03-11-09: PERMITTING JUVENILES TO VIOLATE CURFEW:


(1) It shall be unlawful for the parent, guardian or other person having legal custody of a child or any adult person designated by the person having legal custody of a child under the age of eighteen (18) years to knowingly permit or allow said child to be upon any public streets, highways, roads, alleys, parks, playgrounds or other public grounds, places, buildings, places of amusement, eating places, vacant lots or other locations in violation of the provisions of subsections 03-11-07(1) through (3) of this Article without having designated an adult person or said parent, guardian or other legal custodian to be with and supervise said juvenile, except in the circumstances set forth in subsection 03-11-07(4) of this Article. (Ord. 96-010, 5-15-1996)

03-11-11: VIOLATIONS:


(1) A violation of any of the provisions of this Article is a misdemeanor and punishable as a misdemeanor pursuant to Idaho Code section 18-113, as amended, with the following qualifications:

A. Upon the second conviction of a parent, guardian or legal custodian for a violation of Section 03-11-09 of this Article, the parent, guardian or legal custodian shall be fined no less than one hundred dollars ($100.00) in conjunction with any period of incarceration, term of probation, or other sanction or requirement as ordered by the court.

B. Upon conviction of a third violation of Section 03-11-09 of this Article by a parent, guardian or legal custodian, the convicted person shall pay a fine of no less than two hundred dollars ($200.00) in conjunction with any period of incarceration, term of probation, or other sanction or requirement as ordered by the court.

C. Each conviction thereafter shall be considered a separate offense punishable by no less than a two hundred fifty dollar ($250.00) fine and no less than one day in the Canyon County jail in conjunction with any term of probation, or other sanction or requirement ordered by the court.

D. Upon conviction, juveniles shall be punished in accordance with the terms of the Juvenile Corrections Act, title 20, chapter 5 of the Idaho Code, as amended, and the other applicable rules and regulations pertaining to juvenile offenders in the State. (Ord. 96-010, 5-15-1996)






CHAPTER 13
PARENTAL RESPONSIBILITY

03-13-01: TITLE; STRUCTURE; PURPOSE; AUTHORITY:


(1) Short Title: This Article shall be known as the CANYON COUNTY PARENTAL RESPONSIBILITY ORDINANCE.


(2) Structure: Titles and subtitles of this Article are only used for organization and structure and the language in each paragraph of this Article should control with regard to determining the legislative intent and meaning of the Board of County Commissioners.


(3) Purpose: The purpose of this Article is as follows:

A. To provide for and further the health, safety and welfare of the public.

B. To protect juveniles' health and welfare, which include their care, guidance and control.

C. To reduce instances of juvenile crime.

D. To encourage parents, guardians or other persons, except foster parents, to properly supervise and control children under the age of sixteen (16) who are in their care or custody.

E. To hold parents, guardians or other persons, except a foster parent, who are lawfully charged with the care or custody of a child under sixteen (16) years of age for failing to supervise the child over whom they have responsibility.


(4) Authority: This Article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution and Idaho Code 31-714, 31-801, 31-828 and 32-1301. (Ord. 97-027, 12-9-1997)

03-13-03: DEFINITIONS:

CHILD: For purposes of this Article, a "child" is defined as a person under sixteen (16) years of age. (Ord. 97-027, 12-9-1997)

PARENT: Any person who is the parent, lawful guardian or other person, except the foster parent lawfully charged with the care or custody of the child under sixteen (16) years of age.
03-13-05: FAILURE TO SUPERVISE A CHILD DECLARED UNLAWFUL:

It is unlawful for a person who is the parent, lawful guardian or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age to fail to supervise that child. The parent commits the offense of failure to supervise a child if the child commits any of the following acts:


(1) Commits any act bringing the child within the purview of the Juvenile Corrections Act, Idaho Code chapter 5, title 20; or


(2) Commits a crime for which the child is to be tried as an adult; or


(3) Commits an act for which jurisdiction of the Juvenile Corrections Act is subject to waiver pursuant to Idaho Code chapter 5, title 20; or


(4) Fails to attend school or is not comparably instructed as provided in Idaho Code 33-202; or


(5) Violates the Canyon County curfew ordinance or the curfew laws of any city within Canyon County. (Ord. 97-027, 12-9-1997)

03-13-07: EXCEPTIONS:


(1) A person shall not be subject to prosecution for violation of this Article if the person:

A. Is the victim of the act bringing the child within the purview of the provisions of Idaho Code chapter 5, title 20; or

B. Reported the act of the child as soon as reasonably possible to a local law enforcement agency, juvenile court or the Department of Health and Welfare.


(2) A person shall not be subject to prosecution for violation of this Article if the person shows to the satisfaction of the court that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child. (Ord. 97-027, 12-9-1997)

03-13-09: VIOLATIONS:


(1) A violation of any of the provisions of this Article is a misdemeanor and any person who is found guilty or pleads guilty to a violation of this Article shall be subject to a fine of not more than one thousand dollars ($1,000.00). In lieu of imposing a fine, the court, with the consent of the person, may order the person to complete parenting classes or undertake other treatment or counseling as approved by the court. Upon the person's completion of the classes, treatment or counseling to the satisfaction of the court, the court may discharge the person or if the person fails to complete the programs to the satisfaction of the court, the court may impose the penalty provided in this Section.


(2) Any person violating any order of the court entered under this Article shall be subject to contempt proceedings in accordance with Idaho Code chapter 6, title 7, in addition to any other penalties authorized pursuant to this Section.


(3) Any person who is found guilty or pleads guilty to a violation of this Article may be ordered by the court to pay restitution or make whole any victim who suffers an economic loss as a result of the juvenile's conduct, in accordance with the standards and requirements of Idaho Code 19-5304 and 19-5305, provided that any restitution ordered to be paid by a parent under this Article shall not exceed two thousand five hundred dollars ($2,500.00).


(4) Upon a first offense, a law enforcement officer may, in their discretion, serve a copy of this Article upon the parent and explain to them the consequences of their conduct as a warning of the penalties contained in this Article. This service shall be documented by the officer.


(5) A conviction of a person under this Article shall not preclude any other action or proceedings against the person which may be taken pursuant to the provisions of Idaho Code chapter 5, title 20 or other provisions of law. (Ord. 97-027, 12-9-1997)

03-13-11: SEVERABILITY CLAUSE:

Should any provision of this Article be declared by a court of competent jurisdiction to be unconstitutional, unlawful or invalid such decision shall only affect the noted provision and shall not affect the validity of the remainder of this Article. (Ord. 97-027, 12-9-1997)
03-13-13: EFFECTIVE DATE:

This Article shall be and is hereby declared to be in full force and effect upon its passage, approval and publication, as provided by law, in one issue of the Idaho Press-Tribune. (Ord. 97-027, 12-9-1997)





CHAPTER 15
SALE OF PSEUDOEPHEDRINE PRODUCTS

03-15-01: TITLE:

This article shall be known as the LIMITATIONS ON OVER THE COUNTER DISTRIBUTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS ORDINANCE. (Ord. 05-016, 10-12-2005)
03-15-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(2) Purpose: Methamphetamine is an illegal drug that is produced using legal substances such as pseudoephedrine, which is contained in certain over the counter medicines sold in retail outlets. Methamphetamine is produced and distributed in our communities with negative social effects, including harm to children, families, increasing crime and property damage. The production of methamphetamine in illegal labs can cause significant health and safety risks such as the danger of fire, explosion, and environmental hazards from production byproducts. The legislature of the state of Idaho has not enacted any laws to control pseudoephedrine products that have been prepared for dispensing or over the counter distribution. The board of county commissioners deems it to be in the best interest of the health, safety and welfare of the citizens of Canyon County to regulate the over the counter distribution of certain pseudoephedrine products within the county.


(3) Authority: This article is authorized by Idaho Code sections 31-801 and 31-828. (Ord. 05-016, 10-12-2005)

03-15-05: OVER THE COUNTER DISTRIBUTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS; DEFINITIONS:

For the purpose of this article, certain terms are defined as set forth below:

CANYON COUNTY: Canyon County, Idaho, a political subdivision of the state of Idaho.

LOCALLY REGULATED PSEUDOEPHEDRINE PRODUCTS: (1) A drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or

(2) A combination drug or product containing as one of its active ingredients pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers.

(3) This term includes only compounds, mixtures, or preparations that are in tablet form containing more than twenty milligrams (20 mg) of pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers.

(4) This term does not include any compounds, mixtures, or preparations that are in gel capsule, liquid capsule, or liquid form.

OVER THE COUNTER DISTRIBUTION: A retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription.

RETAILER: Any person, corporation, partnership or other business entity conducting business within the unincorporated area of Canyon County who sells or furnishes any over the counter drug product containing pseudoephedrine to any person who is the ultimate user or consumer of the product. (Ord. 05-016, 10-12-2005)

03-15-07: PROHIBITED ACTS:


(1) It shall be unlawful within Canyon County for any retailer or employee thereof to knowingly sell, transfer, or otherwise furnish in a single transaction:

A. More than three (3) packages of any locally regulated pseudoephedrine product prepared for over the counter distribution.

B. A locally regulated pseudoephedrine product prepared for over the counter distribution to a person under the age of eighteen (18) years.


(2) The limits established in this section shall not apply to any quantity of pseudoephedrine product dispensed pursuant to a valid prescription. (Ord. 05-016, 10-12-2005)

03-15-09: ACCESSIBILITY OF PSEUDOEPHEDRINE PRODUCTS:

A retailer that offers for sale locally regulated pseudoephedrine products prepared for over the counter distribution shall ensure that all packages of the drugs are displayed and offered for sale only through vendor assisted sales where the customer has no access to the product except through the assistance of an employee of the retailer, as follows:


(1) All locally regulated pseudoephedrine products shall be stocked in a locked display case or behind a checkout or customer service counter where the public is not permitted; and


(2) All sales of locally regulated pseudoephedrine products shall be conducted through an employee of the retailer and cannot be conducted by a self-service checkout system unless the self-service checkout system contains a requirement that an employee of the retailer verify the age of the purchaser and the quantity of the purchase before the transaction can be completed. (Ord. 05-016, 10-12-2005)

03-15-11: PENALTY:

Any person who shall violate any of the provisions of this article shall be punished as provided in section 01-01-07 of this code. (Ord. 05-016, 10-12-2005)
03-15-13: SEVERABILITY:

If any provision or section of this article shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this article, which shall remain in full force and effect. (Ord. 05-016, 10-12-2005)
03-15-15: EFFECTIVE DATE:

This article shall be in full force and effect upon its passage, approval, and publication, as provided by law, in one issue of the "Idaho Press-Tribune". (Ord. 05-016, 10-12-2005)





CHAPTER 17
TRANSPORTATION OF NONCONTAINED LOADS

03-17-01: PROHIBITED:

Effective January 15, 2009:


(1) No person shall operate any vehicle with any load on any public roadway in Canyon County outside the corporate limits of any municipality unless such load is securely contained so as to prevent any of its contents from blowing, dropping, sifting, leaking, or otherwise escaping the vehicle, or in any manner posing a hazard to other users of the public roadway.


(2) Any person operating a vehicle on any public roadway in unincorporated Canyon County from which any materials have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway shall immediately cause the public roadway to be cleaned of all such materials and shall pay any costs therefor.


(3) This section shall not apply to vehicles on a public roadway, or a portion thereof, that is closed to travel by the general public. However, prior to the opening or reopening of the public roadway all materials that would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public roadway must be cleaned from the public roadway. (Ord. 08-027, 12-31-2008)

03-17-03: EXCEPTIONS:


(1) Nothing in this section may be construed to prohibit a government employee or contractor from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.


(2) This article shall not apply to agricultural vehicles while being used for agricultural purposes. (Ord. 08-027, 12-31-2008)

03-17-05: PENALTIES:

A person who violates the provisions of this article shall be guilty of an infraction and subject to a fine of fifty dollars ($50.00). For each subsequent violation of this article, the fine shall be increased by twenty five dollars ($25.00) but shall not exceed one hundred dollars ($100.00). In addition thereto, the court shall assess costs as provided by law or rule. (Ord. 10-002, 4-20-2010)





CHAPTER 19
LAW ENFORCEMENT TOWING

03-19-01: AUTHORIZATION:

This is an article authorized by Idaho Code sections 31-714, 31-2202(10) and 31-2202(13(a)(b)(c)). (Ord. 15-003, 2-27-2015)
03-19-03: TITLE AND PURPOSE:

This article is known as the LAW ENFORCEMENT TOWING ORDINANCE. The purpose of this article is to establish criteria for the selection and deletion of emergency tow service from the tow rotation list and related regulations in order to continue to provide safe, effective, reasonably priced, and professional emergency tow service. (Ord. 15-003, 2-27-2015)
03-19-05: DEFINITIONS:

As used in this article, the following terms will have the following meanings:

ACCIDENT: Any occurrence in Canyon County resulting in a wrecked or disabled vehicle, which results in an unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load.

BUSINESS DAY: Monday through Friday, from nine o'clock (9:00) A.M. to five o'clock (5:00) P.M., excluding holidays declared by the Canyon County board of county commissioners.

CANYON COUNTY: That unincorporated area which is within the boundaries of Canyon County, Idaho.

CONVICTION: Finding or plea of guilt, whether or not the sentence is imposed, suspended, deferred, or withheld; and whether or not the case or charge is dismissed under Idaho Code section 19-2604 or any comparable statute or procedure.

DISABLED VEHICLE: A vehicle abandoned or rendered unsafe to be driven as the result of some occurrence other than an accident including, but not limited to: a) mechanical failures or breakdowns; b) fire; c) vandalism; d) a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive; or e) any other occurrence in which the public interest or public safety reasonably necessitates removal of the vehicle by law enforcement.

DISPATCH: The person or persons within Canyon County assigned to route law enforcement agency calls for tow truck service by the use of a tow truck rotation list.

INSPECTION OFFICER: The employee or employees designated by the Canyon County sheriff to handle law enforcement towing administrative duties.

LAW ENFORCEMENT TOW: Provision of a tow truck to the owner of a wrecked or disabled vehicle, at that owner's expense, by dispatch when a law enforcement agency has become involved and the owner has not articulated a preference in a tow truck service provider.

LUNCH HOUR: A one hour lunch break that occurs during normal business hours (9:00 A.M. to 5:00 P.M.) on business days that must be clearly posted, as notice to the public, at the tow company's office and impound yard.

PERSON: An individual, assumed name entity, proprietorship, partnership, joint venture, association, corporation, or other legal entity.

PERSONAL PROPERTY: Items that are not affixed to the vehicle such as, but not limited to: papers, cellphones, portable radios, clothes, luggage, tools, or other items.

REASONABLY ACCESSIBLE: Staffed with at least one employee on site and open for business during normal business hours (9:00 A.M. to 5:00 P.M.) on business days, excluding lunch hour. Manned telephone line twenty four (24) hours a day and a person available to access the yard within a reasonable time, not to exceed forty five (45) minutes, from the request by dispatch or persons whose vehicles or property are stored within the secured storage lot or building.

TOW TRUCK: A vehicle designed to be used primarily for removing wrecked or disabled vehicles from any street.

TOW TRUCK ROTATION LIST: A list of qualified tow companies maintained by the Canyon County sheriff and which is used by dispatch to determine a suitable provider and the priority of the tow truck to be dispatched to the scene of a law enforcement tow in the event the owner of the vehicle requires a tow and has not articulated a preference.

VEHICLE OWNER: A person who holds legal title to a vehicle, or who has legal right of possession of a vehicle, or legal right of control of a vehicle.

WRECKED VEHICLE: A vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a tow truck. (Ord. 15-003, 2-27-2015)
03-19-07: DRIVING TOW TRUCK TO SCENE OF ACCIDENT PROHIBITED UNLESS CALLED BY DISPATCH:

No person may knowingly drive a tow truck to the scene of any accident or incident in Canyon County, where law enforcement is on scene, unless the tow truck has been called to the scene by dispatch or by a private party. (Ord. 15-003, 2-27-2015)
03-19-09: RESPONSE TO CERTAIN PRIVATE CALLS FOR TOWING SERVICES PROHIBITED:

A tow truck shall not knowingly respond to a private request for towing service within Canyon County when a reportable accident is involved without first notifying dispatch. A tow truck may respond to a private request for towing service to a disabled vehicle not involved in an accident, or to a private request for other towing services not requiring the involvement of a law enforcement agency; provided, however, if, upon arrival on the scene, a tow company discovers an accident is involved, the tow company shall immediately notify dispatch. (Ord. 15-003, 2-27-2015)
03-19-11: CERTAIN REMUNERATION OR CONSIDERATION PROHIBITED:

Emergency tow companies are prohibited from accepting any remuneration or consideration of any type from any repair shop, garage or other repair facility given for the purpose of influencing such emergency tow company's decision as to where a nonpreference tow should be taken for repair. It shall be a rebuttable presumption that any such remuneration or consideration was given for the purpose of influencing said decision. (Ord. 15-003, 2-27-2015)
03-19-13: DISPATCH:


(1) If a law enforcement officer determines a tow truck is needed at the scene of a law enforcement tow for a wrecked or disabled vehicle, dispatch shall call either the towing service indicated to the law enforcement officer by the express preference of the owner, or, if the owner does not expressly request a particular towing service, the next available tow company on the tow truck rotation list. Dispatch shall indicate to the emergency tow company the location, color, year, make, body, and general condition of the vehicle to be towed. Based on the information provided, the tow company shall provide all necessary towing equipment.


(2) In order to be placed on the tow rotation the tow company must be able to respond to a call from dispatch within forty five (45) minutes, or in a reasonable time based upon road conditions and maintain a storage lot within Canyon County accessible within forty five (45) minutes from any portion of the service area. (Ord. 15-003, 2-27-2015)

03-19-15: ROTATION LISTEES RESPONSIBILITIES:


(1) Responsibility: Tow truck companies authorized to perform law enforcement towing are responsible for wrecked and disabled vehicles and the contents therein, from the time of on scene pick up until the vehicle is removed from tow company's premises or is otherwise released from tow company's custody and control.


(2) Turning Down A Call: If a tow truck turns down a call or is unable to respond, it will be passed on its position on the rotation list. A tow service may not refer its calls to another tow truck service.


(3) Unavailability: If any tow company becomes unavailable for any reason, the company may notify dispatch of the dates regarding their unavailability and their rotation slots will be skipped during that time frame.


(4) Indemnification: Each tow company on the rotation shall defend and indemnify the county of Canyon, for any claim against the same arising out of a company's operation of a tow company.


(5) Notice: All notifications required by Idaho law related to the towing, storage, or release of vehicles shall be the responsibility of the tow company. (Ord. 15-003, 2-27-2015)

03-19-17: EXPIRATION DATE; LOCATION:


(1) No person may provide law enforcement towing inside Canyon County without first being placed on the tow rotation by law enforcement. Only one position on each rotation may be issued to each emergency tow company.

A. Tow companies may not subcontract with other towing agencies for the provision of law enforcement towing services.

B. Applications for positions on the law enforcement towing rotation may be obtained at the Canyon County sheriff's office beginning on December 1 of each year, and all completed applications must be received no later than December 31 of each year.

C. Incomplete applications will not be accepted. Tow service inspections for the upcoming year shall be conducted by the inspection officer during January of each year. All positions on the tow list shall expire on January 31 of the following calendar year.


(2) Tow companies on the rotation shall maintain a permanent and established place of business within Canyon County, and shall promptly notify the inspection officer of any change of address. (Ord. 15-003, 2-27-2015)

03-19-19: ELIGIBILITY AND REQUIREMENTS FOR PLACEMENT ON TOW ROTATION:


(1) Tow truck companies must be established Idaho businesses, filed with Idaho secretary of state, or have a registered agent listed with the Idaho secretary of state.


(2) Tow truck companies may not assign, contract, or utilize the services of anyone to respond to a call or supervisor or safeguard items recovered under this agreement who has been convicted of any offense:

A. That pertains to alteration or removal of a vehicle's identification number, theft and/or injury to vehicles, unlawful possession of burglary tools, petty theft, grand theft, robbery, arson, extortion, forgery, false imprisonment, and burglary within the past ten (10) years.

B. Any offense, the elements of which include the infliction or threat of bodily injury or death to a person or persons, including, but not limited to, homicide, rape, assault, kidnapping, menacing or coercion within the past ten (10) years.

C. Reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death, hit and run, any drug use, possession or sale, and evading a police officer within the preceding five (5) years.

D. Any crime, whether a felony or misdemeanor, that is a sex crime or the elements of which would fall under Idaho's sex crime statutes, including, but not limited to, sexual assault, sexual harassment, sexual exploitation of a minor, and child molestation. A sex crime includes, but is not limited to, any offense for which an individual must register as a sex offender.

E. Any felony crime against property, including theft, burglary or criminal trespass, providing that such crime will be disqualifying only if: 1) the conviction occurred within the ten (10) years preceding the date of determination, or 2) the applicant or tow company agent/owner has any previous conviction of such a crime.


(3) Any person or tow service provider may seek a waiver of the requirements outlined in subsection (2) of this section by submitting a request for waiver within fourteen (14) days of notification along with any evidence or information the appealing party feels relevant to mitigate or refute the disqualifier.

A. The inspection officer will review the information and make a determination whether to grant or deny the requested waiver.

B. A denial may be appealed within fourteen (14) days from the denial by the inspection officer to the sheriff. A denial by the sheriff will be considered final. Failure to exhaust your administrative remedies will result in a denial of your waiver.


(4) Tow truck companies must submit the name, date of birth and social security number of each driver for driver's status and criminal record checks.


(5) Tow truck companies must provide a process whereby owners may register complaints or grievances including a method to reduce to writing any complaint or grievance if requested by complaining party. Any complaint or grievance reduced to writing must be forwarded to the inspection officer within five (5) business days of its receipt.


(6) Services provided by tow truck companies must be available twenty four (24) hours a day, seven (7) days a week by phone with a maximum of two (2) phone numbers to be called for service.


(7) Tow truck companies on the rotation must maintain a secure and accessible storage lot or building in which vehicles towed for Canyon County are stored and secured from vandalism, damage, and/or theft in each area served.


(8) The storage facility must:

A. Be large enough to accommodate high occupancy vehicles and personal vehicles towed within Canyon County.

B. Be surrounded by a well maintained fence at least six feet (6') in height with all means of ingress and egress secured or be a locked and secured building.

C. Be at the same location as the business address or if not then the tow truck company may not charge for additional distance traveled to and from a secondary location, or for retrieving vehicles or property at a secondary storage location.

D. Shall be open and staffed during business days, nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. Monday through Friday (excluding lunch hour).


(9) Each tow truck on the rotation must have at least the following equipment and all required equipment must be maintained in safe and good working condition:

A. Vehicle lighting and equipment as specified by Idaho Code.

B. Amber, red or a combination of amber/red emergency lights visible for three hundred sixty degrees (360°).

C. Additional equipment consisting of:

1. High visibility vests or coats complying with ANSI/ISEA 107, 2004 edition, class 2 or 3, which must be worn by all towing company employees while working within the right of way of any federal aid highway;

2. At least five (5) traffic cones;

3. At least one, or an equivalent, fully charged fire extinguisher having a minimum of five (5) pounds of ABC dry chemical;

4. Broom;

5. Shovel;

6. Lights for towed vehicle; and

7. Tow bar, cradle, towing dolly or equivalent for towing passenger cars.

Tow truck companies must be able to provide and perform adequate traffic control during a tow or recover operation lasting longer than one hour.


(10) Each tow truck must have the business name and phone number of the tow truck company clearly and permanently painted or otherwise attached on both sides of the truck.


(11) Each tow truck company must provide a list of their proposed hourly rate, mileage rate, and storage fees. (Ord. 15-003, 2-27-2015)

03-19-21: APPLICATION; INSPECTIONS; ISSUANCE:


(1) Contents Of Application: A person desiring to obtain a position on the Canyon County law enforcement tow rotation shall lodge with the Canyon County sheriff a written application upon a form provided for that purpose, which must be signed by the applicant or his authorized agent. The following information shall be required in the application:

A. Owner name, address to which all official correspondence may be sent, telephone number and signature or the name, address and telephone number and signature of the owner's agent within the state of Idaho.

B. Company name, address and telephone number.

C. Number and types of tow trucks to be operated.

D. A copy of the applicant's public liability insurance policy.

E. A description, including photographs, of the applicant's impound yard and its location.


(2) Inspections: Upon the lodging of the application, the inspection officer shall direct the applicant to appear for an inspection of the tow truck(s) at a reasonable time and place to be determined by the inspection officer. The inspection officer shall conduct an inspection of the tow truck(s) and the business premises of the applicant, as necessary, to determine if each tow truck and tow company complies with this article.


(3) Action On Application: The inspection officer may, at any time, in his or her discretion, require additional information from an applicant to clarify items on the application. Failure to cooperate with the inspection officer's request for additional information may result in the denial of an application. Upon completion of the processing of the application, the inspection officer shall forward the application and the inspection officer's recommendation to the Canyon County sheriff for action thereon.


(4) Approval; Denial; Suspension: The inspection officer shall, within thirty (30) days of receipt of an application for a position on the law enforcement tow rotation, either approve or deny said application. The inspection officer shall place the applicant on the law enforcement tow rotation if the inspection officer finds that the emergency tow company meets the requirements of this article. The inspection officer shall refuse to place a company on the rotation if the inspection officer finds that the emergency tow company does not meet the requirements of this article. Notice of the inspection officer's decision with the grounds for refusal will be provided within thirty (30) days from the date of application. If at any time during the rotation year, a tow company violates the requirements of this article, the company may be suspended in accordance with this article.


(5) Term: A position on the rotation shall be valid for up to one year. (Ord. 15-003, 2-27-2015)

03-19-23: RANDOM INSPECTIONS; VIOLATIONS; SUSPENSIONS; REVOCATIONS; HEARINGS:


(1) Inspections: Any sheriff's office deputy or the inspection officer is authorized to conduct random inspections of any tow truck company conducting law enforcement tows.


(2) Violations And Temporary Suspensions: The following violations shall result in a written warning by the inspection officer. Any repeat(s) of the same violation within a three (3) month period shall result in an immediate temporary suspension from the tow truck rotation list for a period not to exceed three (3) weeks. More than three (3) of the following violations shall result in suspension and/or removal from the rotation in accordance with subsection (3) of this section:

A. Failure to notify dispatch that tow company's on scene arrival time will exceed forty five (45) minutes.

B. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.

C. Use of magnetic stripping/signage on tow trucks.

D. Charging in excess of the tow rates approved by the board of Canyon County commissioners for law enforcement tows.

E. Subcontracting law enforcement tows through other tow companies without prior approval from the inspection officer.

F. Conducting business in an unprofessional manner including, but not limited to, failing to respond to calls for service, rude behavior toward customers or law enforcement officials, charging unapproved fees, failure to forward complaints onto the appropriate agency.

G. Failure to notify the Canyon County sheriff of criminal convictions of employees or employing drivers who have been convicted of a felony or misdemeanor offense of theft or a theft related offense.

H. Failure to notify Canyon County of new hires or rehires prior to rendering services under this agreement.

I. Failure to remain open and staffed during business hours.

J. Failure to arrive on scene within forty five (45) minutes, after being dispatched without providing prior notice to dispatch of the delay.


(3) Suspensions And Revocations: If the inspection officer finds that any of the following violations have been committed, the inspection officer shall issue an immediate suspension for no less than twenty four (24) hours of the tow company from the rotation, and make a recommendation to the Canyon County sheriff, or his designee, for suspension from the rotation of said tow company:

A. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.

B. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch or as a preference tow.

C. The failure to report a reportable accident, or where private property is damaged, to dispatch for which a law enforcement tow is required.

D. The acceptance of any remuneration, or consideration of any type, by any tow company, employee or agent of a tow company, from any garage, repair shop, or facility, for the purpose of influencing such tow company's decision as to where a disabled or wrecked vehicle should be taken for repair.

E. Allowing the lapse or cancellation of the tow business insurance required by this article.


(4) Notice Of Intent: Within five (5) days of the inspection officer's recommendation, if the Canyon County sheriff, or his designee, finds good cause that a violation of subsection (3) of this section has occurred, the Canyon County sheriff shall issue a notice of intent to suspend a tow company from the rotation. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violation(s). Depending on the nature and extent of the violation(s), the Canyon County sheriff, in his sole discretion, may permit the subject company to resume law enforcement towing pending any hearing on the matter.


(5) Right To Hearing: A tow company on the rotation shall have the right to a hearing prior to the revocation or suspension of more than three (3) weeks of its law enforcement towing privileges, in accordance with the procedures set forth in subsection (6) of this section. If the tow company does not timely request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Canyon County sheriff, and any revocation shall be for the remainder of the current rotation year.


(6) Hearing Procedures: A tow company may request an administrative hearing before the Canyon County sheriff, or his designee, prior to the adoption of any suspension for more than three (3) weeks, in accordance with the procedures set forth in this section.

A. A tow company desiring such a hearing shall, within five (5) days of the date of the notice of intent to suspend or revoke, file a written request for hearing with the Canyon County sheriff, together with a statement setting forth the factual basis and reasons for the tow company's appeal of the decision. A copy of the request for hearing shall also be delivered to the inspection officer. Additional materials in support of the appeal may be submitted up to and including the day of the hearing without prior approval from the hearing officer.

B. The Canyon County sheriff, or his designee, shall conduct an informal administrative hearing within fifteen (15) days after a request for hearing has been filed. The tow company and the Canyon County sheriff may be represented by an attorney. The tow company will be afforded the opportunity to present evidence and testimony.

C. The tow company shall have no right to cross examine or confront witnesses, except in the discretion of the Canyon County sheriff, nor shall the Idaho rules of evidence apply to such hearings. In the Canyon County sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.

D. The Canyon County sheriff, or his designee, shall issue a written decision no more than ten (10) days from the date of the hearing. A copy of the decision shall be mailed or made available to all interested parties at the inspection officer's discretion. A record of said hearing, including an audio recording and all exhibits and decision shall remain in the custody of the Canyon County sheriff as a semipermanent public record, subject to retention and destruction pursuant to Idaho law. (Ord. 15-003, 2-27-2015)

03-19-25: TOW TRUCK SPECIFICATIONS AND CAPABILITIES:


(1) Compliance: Each emergency tow company shall comply with all safety provisions, rules and regulations required to be observed by motor carriers by Idaho law, and in addition thereto, shall comply with the requirements of this article.


(2) Equipment: Each tow truck shall be equipped with only those winches and booms that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and tow equipment of guaranteed quality and be used with the size tow truck for the class for which the equipment is designed. All related equipment shall be commensurate with the total rating of booms or other towing devices. A winch or boom will not be prohibited by this article if the owner submits to the Canyon County sheriff a verified statement from a reputable testing laboratory regularly engaged in the testing of such equipment or similar equipment certifying that the capacity of the winch or boom is not less than that mandated for the class for which the equipment will be used. All costs of such testing and certification shall be at the expense of the emergency tow company.


(3) Classes Of Tow Trucks: Commercial tow trucks are divided into the following classes based on the manufacturer's rating:

A. Class A tow truck equipment must have a minimum manufacturer's boom or combined boom rating of four (4) tons and must be mounted on a truck chassis with a minimum manufacturer's rating of ten thousand (10,000) pounds' gross vehicle weight. Class A trucks may only be used for specialty off road tows.

B. Class B tow truck equipment must have a minimum manufacturer's boom or combined boom rating of eight (8) tons and must be mounted on a truck chassis with a minimum manufacturer's rating of eighteen thousand (18,000) pounds' gross vehicle weight.

C. Class C tow truck equipment must have a minimum manufacturer's boom or combined boom rating of sixteen (16) tons and must be mounted on a chassis that has a minimum manufacturer's rating of thirty two thousand (32,000) pounds' gross vehicle weight.

D. Class D tow truck equipment includes manufactured rollbacks and car carriers with manufacturer's gross vehicle ratings of ten thousand (10,000) pounds and over. The rollbacks and car carriers must be mounted on a truck-trailer chassis that, at a minimum, is equal to the minimum gross weight of the rollback or car carrier. Class D also includes any piece of towing equipment without a boom.

E. Class E includes two (2) or more tow trucks working together with a combined manufacturer's rating of a minimum of eighty thousand (80,000) pounds with access to supportive equipment, such as forklifts, banders, and air bags, for the recovery of rollovers and wrecked, disabled, and abandoned vehicles whose cargo requires special handling. Class E refers to tow truck companies and not to tow truck equipment.


(4) Specifications:

A. An operator of any noncommercially manufactured or modified tow truck equipment must have its equipment independently certified before participating in the law enforcement rotation system. Once the equipment is classified, further modifications to the equipment must be recertified.

B. Each tow truck and all of its equipment shall be maintained in a safe and good working order at all times. Tow truck operators on the rotation, must receive all state and nationally recognized operator's certification training required by industry standards within the profession or required by law.

C. Each tow truck shall be permanently painted and lettered with company colors and company names, address, city and telephone number, on both sides of the tow truck, before use for law enforcement towing services. Said company colors shall be provided to the Canyon County sheriff. No magnetic stripping and/or signs may be used.

D. Tow companies wishing to be placed upon the rotation, must provide proof that their equipment meets all applicable safety and statutory standards. The inspection officer, by approving an application for placement on the tow rotation, will rely upon the tow company's representations. Placement on the tow rotation is in no way a warranty or endorsement that the tow company's equipment meets industry or statutory standards.

Canyon County, its employees and inspection officer, while acting within the course and scope of their employment, shall not be liable for any claim as specified under Idaho Code section 6-904B. (Ord. 15-003, 2-27-2015)

03-19-27: FEES FOR LAW ENFORCEMENT TOWING:


(1) Fees for services provided by tow companies pursuant to this article shall be set by resolution of the board of Canyon County commissioners.


(2) Once placed on the rotation, tow companies may not increase their law enforcement rates or fees during the rotation year, except as stated in subsection (3) of this section.


(3) Rates and fees may be reviewed and changed each year during the inspection period. Any proposed changes to rates and fees must be submitted in writing to the Canyon County sheriff by the last day of the inspection period. Approved changes are effective on the first day of the new rotation date. A request for rate and fee changes may be made during the rotation year where the party seeking the modification articulates in writing a substantial change in costs justifying the requested revision.


(4) There shall be no charge for the release of personal property from towed vehicles during normal business hours, except as allowed by Idaho Code section 49-1814.


(5) Tow companies may charge up to the equivalent of one hourly rate for releasing personal property or vehicles after hours.


(6) Fees charged by tow companies are subject to review by the inspection officer. The inspection officer, at his discretion, shall have the authority to reduce the fees charged by tow companies. Tow companies shall be entitled to request a closed hearing with the inspection officer to review any reduction in fees. Appeal of the decision to reduce fees is governed by subsection 03-19-23(6) of this article. (Ord. 15-003, 2-27-2015)

03-19-29: REQUIREMENTS AND OPERATING PROCEDURES FOR EMERGENCY TOW COMPANIES:

Tow companies authorized to perform law enforcement tows must:


(1) Maintain twenty four (24) hour towing service, available seven (7) days per week, with the dispatch of such service to be from base stations or an answering service.


(2) Not refuse to provide a law enforcement tow more than two (2) times in any calendar month without proof of the extenuating circumstances that gave rise to the refusal being timely provided and approved by the inspection officer.


(3) Arrive at the accident within a reasonable time after having been notified to do so by dispatch. Such response time shall not exceed forty five (45) minutes unless weather or other unforeseen traffic conditions require additional time to safely arrive. To the extent the tow company is unable to respond within forty five (45) minutes, tow company must notify dispatch of its estimated arrival time. If tow company is unable to respond within forty five (45) minutes dispatch will then move to the next tow company on the rotation.


(4) Maintain its own separate locked, lighted and secured impound lot bordered by a chainlink, steel, concrete fence or other approved materials not less than six feet (6') in height; provided further that said lot shall be insured for fire, theft, and vandalism of the vehicles stored therein and further, shall be open for business during regular business hours on all business days.


(5) The inspection officer or his designee shall conduct an inventory of all items contained in or on an impounded vehicle to be towed, on a form provided by the Canyon County sheriff, the completion of said inventory form to be witnessed and initialed by a tow company driver on the scene. All items inventoried, which are not taken by law enforcement, shall remain in the custody and control of the tow company until released to the owner. If any item(s) is of an estimated value of one hundred dollars ($100.00) or more, and cannot be secured in the vehicle or in a secured area within the tow lot, the property shall be taken to the corresponding law enforcement office and a property invoice left in the vehicle or given to the vehicle owner, if the owner is available, at the time the vehicle is impounded.


(6) When authorized by the law enforcement agency, in every instance, deliver the wrecked or disabled vehicle to either a location of the owner's choice or the tow company's nearest impound lot. An itemized statement of charges shall be provided to the vehicle owner upon request.


(7) Report all changes in tow trucks and equipment used in the tow company's law enforcement towing service to the inspection officer immediately, and make all additional vehicles and equipment available for inspection by the inspection officer. A tow truck that has not been inspected and given an inspection sticker by the inspection officer, or an employee whose eligibility to perform law enforcement tows has not been confirmed by the inspection officer, is not allowed to participate in the tow truck rotation list.


(8) Before leaving the site of an accident, completely remove all resulting wreckage or debris, including all broken glass.


(9) Maintain two-way communications on a twenty four (24) hour basis with the company's tow trucks.


(10) Meet the following insurance requirements:

A. At their sole expense, tow companies shall procure and maintain in full force and effect, insurance written by an insurance company or companies with Best's rating(s) of A VIII or better. All insurance companies must be authorized to do business in the state of Idaho. By requiring insurance herein, Canyon County does not represent that coverage and/or limits are necessarily adequate to protect the tow company and such coverage and/or limits shall not be deemed as a limitation on the tow company's liability under the indemnities granted to Canyon County through placement on the rotation.

B. Certificates of insurance evidencing the coverages required herein shall be provided to Canyon County prior to performing any towing services for Canyon County. All certificates must be signed by an authorized representative of the tow company's insurance carrier. Tow companies provide Canyon County written notice of any policies being canceled. Renewal certificates must be provided to Canyon County within thirty (30) days after the effective date of the renewal.

C. Certificates shall be mailed to:

Inspection Officer
Canyon County Sheriff's Office
Canyon County Courthouse
1115 Albany Street
Caldwell, ID 83605

D. Certificates must evidence the following minimum coverages:

1. Workers' compensation insurance meeting the statutory requirements of the state of Idaho.

2. Employers' liability insurance providing limits of liability in the following amounts:

Bodily injury by accident   $100,000.00 each accident  
Bodily injury by disease   500,000.00 policy limit  
Bodily injury by disease   100,000.00 each employee  

3. Garage liability insurance providing limits of liability in the following amounts:

Auto only - each accident   $1,000,000.00  
Other than auto only - each accident   1,000,000.00  
Other than auto only - aggregate   2,000,000.00  

The garage liability policy shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising from garage operations including premises, operations, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Auto coverage must show symbols 27, 28, and 29 or a separate business automobile liability policy also must be purchased.

Alternatively, tow companies may produce a certificate of insurance evidencing commercial general liability insurance providing limits of liability in the following amounts:

General aggregate   $2,000,000.00  
Product/completed operations aggregate   2,000,000.00  
Personal and advertising injury liability   1,000,000.00  
Per occurrence   1,000,000.00  
Fire legal liability   50,000.00  

The commercial general liability ("CGL") insurance policy shall be written on an "occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).

4. Business automobile liability insurance (required only if symbols 27, 28, and 29 are not shown) with a limit of not less than one million dollars ($1,000,000.00) is required per each accident. Business automobile liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or nonowned vehicles in connection with this agreement.

5. Garage keeper's liability insurance providing legal liability coverage, including comprehensive and collision, of not less than one hundred thousand dollars ($100,000.00) per location for customers' autos or auto equipment while the tow company is attending, servicing, repairing, parking or storing the customer's auto or auto equipment.

6. On hook/cargo insurance providing coverage for customers' autos while being towed or transported by the tow company with limits in the following amounts:

Light or medium duty truck   $ 50,000.00  
Heavy duty truck   100,000.00  
Extra heavy duty truck   250,000.00  

E. Canyon County and its elected officials, agents, employees, successors and assigns shall be named as additional insureds under all policies except workers' compensation and employers' liability.


(11) Nothing in this article shall be construed as obligating the emergency tow company to transport a disabled or wrecked vehicle when weather or road conditions make it impractical, impossible or dangerous to the operator. The operator shall have discretion to determine when conditions make it impractical, impossible or dangerous to perform towing services. (Ord. 15-003, 2-27-2015)

03-19-31: USE AS EMERGENCY VEHICLE PROHIBITED:

Nothing in this article shall be construed to permit operation of a tow truck as an authorized emergency vehicle. (Ord. 15-003, 2-27-2015)
03-19-33: PENALTIES:


(1) Any person violating the provisions of this article shall be deemed to have violated the agreement and may be removed from the rotation under the guidelines set forth in section 03-19-23 of this article.


(2) Once a tow company has been removed from the rotation it is ineligible to participate in the rotation and must reapply during the next application period. (Ord. 15-003, 2-27-2015)






Chapter 4 - PUBLIC WAYS AND PROPERTY

CHAPTER 1
COUNTY PARKS

04-01-01: AUTHORIZATION:

This article is authorized by Idaho Code sections 31-714, 31-828 and 63-908. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)
04-01-03: DEFINITIONS:

When used in this article, the terms set below have the following meanings:

CAMPING DAY: The time period between two o'clock (2:00) P.M. of one calendar day and seven o'clock (7:00) A.M. of the following calendar day.

CAMPING UNIT: All camping equipment and related equipment carried or towed by one car, truck, van, camper or motorhome.

DIRECTOR OF PARKS, CULTURAL AND NATURAL RESOURCES: Chief administrator of the Canyon County department of parks, cultural and natural resources.

PARK MANAGER: The individual responsible for administering and supervising a specific county park area.

QUIET HOURS: The time period between ten o'clock (10:00) P.M. of one calendar day and seven o'clock (7:00) A.M. of the following calendar day.

SPECIAL GROUP: A group of fifty (50) or more people.

WATERWAYS COMMITTEE: A three (3) member advisory committee that may be appointed by the county commissioners to serve without compensation at the discretion of the county commissioners. The purpose of this committee is to make recommendations, as necessary, to the county commissioners on park matters. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991; Ord. 16-020, 12-12-2016)
04-01-05: PARK ADMINISTRATION:


(1) Appointment Of Park Managers: The director of Canyon County department of parks, cultural and natural resources shall appoint the park manager(s) at his discretion.


(2) Enforcement: The director of Canyon County department of parks, cultural and natural resources may designate the park manager(s) and/or employees of the department who may be deputized as deputy sheriffs for the purpose of enforcing state laws and county ordinances within the boundaries of the county parks as well as the enforcement and protection of waterways and recreation areas against damage and for the preservation of peace therein.


(3) Delegation Of Authority: The director of Canyon County department of parks, cultural and natural resources may authorize any employee of the department to exercise any power granted to or perform any duty imposed upon the director.


(4) Establishment Of Rules And Regulations: The director shall, with the advice of the waterways committee when appropriate, establish rules and regulations for the administration of the park(s) and/or the public safety, subject to approval of the county commissioners by resolution. (Ord. 16-020, 12-12-2016)

04-01-07: PARK RULES AND REGULATIONS:


(1) Recommendations: The park manager and director of Canyon County department of parks, cultural and natural resources have the authority to recommend to the waterways committee and/or county commissioners the establishment of those park rules and regulations which apply to the public safety in a specific park. Such rules and regulations, when established, shall be posted for public view and shall be consistent with the established state laws and this article. (Ord. 16-020, 12-12-2016)


(2) Posting: The park rules and regulations shall be posted in a conspicuous place in the park. Copies of park rules and regulations shall be available to the public from park employees. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-09: USE OF PARKS:


(1) Hours: The park manager shall establish and post the hours for day use in areas open to the general public.


(2) Full Capacity: The park manager(s) shall have the authority to limit or deny access to a park area whenever it has reached its designated capacity. Only if special arrangements for the public welfare have been made will the manager allow the designated capacity to be exceeded. The manager's decision is subject to final approval of the director. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-11: PROHIBITED ACTS:


(1) Destruction Of Public Property: The destruction, injury, defacement, removal or disturbance in or on any public building, sign, equipment, monument, statue, marker or any other structure, or of any tree, flower, vegetation or any other public property of any kind is prohibited unless in the process of authorized construction or otherwise authorized by the park manager in charge of a specific park. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)


(2) Wildlife Protection: County waterways/parks and recreation areas are sanctuaries for wildlife of every sort, and all molesting, injuring or killing of any wild birds or animals is strictly prohibited except as provided by the waterways committee and/or county commissioners, the Idaho fish and game commission and/or the federal wildlife service. (Ord. 16-020, 12-12-2016)


(3) Disturbing The Peace:

A. During quiet hours, park users shall not make noise that may disturb other park users or neighboring residents.

B. Amplified sound, poorly muffled vehicles or loud conduct are prohibited at any time within the park except in designated areas or by authority of the park manager.


(4) Alcoholic Beverages And Drugs: State laws in regard to alcoholic beverages, public drunkenness and illegal use of drugs will be enforced on park premises.


(5) Littering; Glass Containers Prohibited: Park users are prohibited from leaving glass or other hazardous debris on the surface of beaches, day use areas or campgrounds. Litter receptacles are provided for such items. No glass drinking containers are allowed on county park grounds. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)


(6) Firearms: No person shall discharge firearms, pellet guns, BB guns, paintball guns, crossbows, other types of bows and arrows, or slingshots within any area of the county park system. All firearms brought into a county park must be unloaded except when used for legal hunting purposes, or as otherwise authorized by the waterways committee and/or county commissioners; provided, however, that local, state and federal law enforcement officers, while on duty, are permitted to use firearms as may be necessary.


(7) Drones: Except when authorized by the director of Canyon County department of parks, cultural and natural resources, no person shall launch, land, or operate drones or other radio controlled aircraft in any Canyon County park. Drones and radio controlled aircraft may not operate below five hundred feet (500') in any Canyon County park airspace. (Ord. 16-020, 12-12-2016)


(8) Concessions And Solicitations:

A. No person, firm, or corporation shall operate any concession, business, or enterprise in a county park or recreation area without a county issued permit.

1. Permits are granted, with or without a hearing, in the sole discretion of the Canyon County board of commissioners.

2. The duration of the permit shall not exceed four (4) months, and before receiving a permit, the individual, firm, or corporation must sign a nonexclusive independent contractor agreement with the county. (Ord. 15-005, 3-13-2015; amd. Ord. 16-020, 12-12-2016)

B. No person or persons or organized group will be permitted to beg, solicit for any purpose, gamble or operate a gambling device of any nature or to abandon any property within a park area, or to discriminate in any manner against any person or persons because of race, color, sex or national origin. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991; Ord. 16-020, 12-12-2016)

04-01-13: MOTORIZED VEHICLES IN THE PARKS:


(1) Designated Roadways: All motorized vehicles must stay on authorized, established park roadways (except for trails and areas which are clearly identified by park signs for off road vehicle use).


(2) Applicable Regulations: The drivers of all vehicles operated within the county parks shall comply with the speed and traffic resolutions of the county park system and all other local, state and federal regulations governing traffic on public roads.


(3) Speed Limits: Speed limits may be established by resolution of the board of county commissioners after recommendation from the director. The speed limits shall be effective upon being posted in the affected area.


(4) Parking:

A. Parking Restricted: It shall be unlawful for any person to park any vehicle on, or own any vehicle found to be parked on or in any county park in violation of posted or otherwise designated parking restrictions. It shall also be unlawful for any person to park in any county park any vehicle, or to own any vehicle found to be parked on, any area blocking an emergency exit, fire lane, or access point to a public parking area and/or public parking space.

B. Violation:

1. Infraction: Violations of subsection (4)A of this section are considered infractions and shall be processed by the sheriff or the sheriff's deputies in accordance with the Idaho infraction rules and the current Idaho infraction penalty schedule, as amended. Such infractions are punishable by fixed penalty, which includes court costs for each offense in accordance with the Idaho infraction rules and the current Idaho infraction penalty schedule, as amended. The trial of an infraction shall be governed by the Idaho infraction rules.

2. Failure To Pay: The failure to pay the parking infraction fixed penalty within ten (10) days of its assessment by the court or clerk of the court shall be considered a separate infraction offense for which a citation may be issued and which carries a fixed penalty in accordance with the current Idaho infraction penalty schedule, as amended, including court costs. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991; Ord. 91-006, 10-3-1991, eff. 10-7-1991; Ord. 95-005, 7-10-1995, eff. 7-14-1995; Ord. 16-020, 12-12-2016)

04-01-15: CAMPING AND CAMPSITES:

To provide a camping experience to the greatest number of people and to facilitate the administration of the camping areas, the following limitations are established:


(1) Designated Areas: Camping will be permitted only in designated areas. Only one camping unit with a maximum of eight (8) people will be permitted in each designated camping area. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)


(2) Duration Of Use: No person, party or organization shall be permitted to camp in any county park for more than fifteen (15) days in any thirty (30) day period. Shorter periods may be designated for any individual park by the director of Canyon County department of parks, cultural and natural resources, and such designation shall be posted prominently within that park. (Ord. 16-020, 12-12-2016)


(3) Cleanliness: Campers shall keep their campgrounds and other use areas clean. Garbage and other solid waste shall be placed in the garbage cans provided.


(4) Liquid Waste: All liquid waste shall be held in self-contained units or collected in watertight receptacles in compliance with state adopted standards and dumped in sanitary facilities provided for the disposal of such wastes.


(5) Unattended Campgrounds: Campers may not leave their camps unattended for longer than one camping day, except by written permission of the park manager or his assistants.


(6) Quiet Hours: During quiet hours, no generators or other motorized equipment emitting loud sound and exhaust shall be permitted to be in operation; provided, however, that vehicles entering and exiting the campground are permitted.


(7) Additional Rigs And Vehicles: All boats, trailers, rigs and motorized vehicles of all types must fit entirely within the campsite parking spur provided with the assigned campsite. All second vehicles, including trailers, boats, rigs or other motorized equipment which do not fit entirely within the campsite parking spur must be parked outside the campground in an area designated by the park manager. If no outside parking is available, a second campsite must be requested.


(8) Camping Equipment And Personal Belongings: All camping equipment and personal belongings of a camper must be situated and maintained within the assigned campsite.


(9) Off Season: During the off season (October 1 through April 1), campsites may be restricted to a small, manageable area. Utilities and other park services may be restricted by weather during this time. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-17: FEES AND SERVICES:


(1) Fees: The director, with the advice of the waterways committee when appropriate, shall be empowered to establish camping fees and/or user fees for the designated campgrounds and facilities in the county parks, subject to acceptance of the county commissioners by resolution. Payment of camping and/or user fees include the right to use the designated campground or facilities on the day of payment. (Ord. 16-020, 12-12-2016)


(2) Group Use: Twenty five (25) or more people wishing to reserve one large site with access to restroom facilities may be eligible for group rates in some parks. Groups may not exceed established park capacity. Arrangements shall be made with the park manager. Where group members desire individual campsites and parking spurs, regular camping fees will apply. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-19: SPECIAL GROUP PERMITS:

In the public interest, for the protection of health, welfare and general well being of park users, groups of fifty (50) persons or more must have a special permit.


(1) Issuance Of Permit: Permits will be issued by the director after arrangements have been made for proper sanitation, park population, density and limitations, safety of persons, property and regulation of traffic. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)


(2) Advance Notice Required:

A. One Hundred To Two Hundred Fifty: Permits for groups of one hundred (100) to two hundred fifty (250) people may be approved by the director with thirty (30) days' advance notice.

B. Two Hundred Fifty To Four Hundred: Permits for groups of two hundred fifty (250) to four hundred (400) may be approved by the director with forty five (45) days' advance notice.

C. Over Four Hundred: Groups of over four hundred (400) may be approved by the director with sixty (60) days' advance notice. (Ord. 16-020, 12-12-2016)

04-01-21: PETS:


(1) Leash Required: Pets are allowed within a county park or recreation area when confined in a vehicle or controlled on a six foot (6') leash.


(2) Disturbances Prohibited: No person shall allow their pet to create a disturbance which might be bothersome to other park users.


(3) Use Of Beach Prohibited: No person shall permit their pets to enter or remain on any county park beach at any time.


(4) Designated Areas: Areas for pets or areas excluding pets may be designated by the park manager and such designations shall be prominently posted on the boundaries of those areas. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-23: LIVESTOCK:

Livestock are not permitted within county parks; provided, that exceptions may be made by the county commissioners by leasing or otherwise permitting the use of undeveloped lands for grazing purposes. Other areas, trails and roadways may be authorized for use by saddle or other recreation livestock when the plan of use is approved by the commissioners. (Ord. 16-020, 12-12-2016)
04-01-25: FIRES:


(1) Use Restricted: The use of fires shall be restricted to fire circles, grills or other places otherwise designated by the park manager in charge.


(2) Extinguishment; Under Control: All fires must be kept under control at all times and must be extinguished before checking out of the park or whenever the site is left unattended. A violation of this provision may also constitute a violation of Idaho Code section 31-851.


(3) Extreme Fire Danger: Areas may be closed to open fires during extreme fire danger. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)

04-01-27: POSTING NOTICES:

All public notices, public announcements, advertisements or other printed matter shall only be displayed or distributed within a county park at a special area designated by the park manager. (Ord. 83-006, 6-30-1983, eff. 7-11-1983; amd. Ord. 91-004, 6-24-1991)
04-01-29: RESPONSIBILITY DISCLAIMER:

The county department of parks, cultural and natural resources is not responsible for damages to, or theft of, personal property within park boundaries. (Ord. 16-020, 12-12-2016)
04-01-31: VIOLATION; PENALTY:


(1) Misdemeanor/Infraction: Unless otherwise provided, any person, persons, partnership, corporation, association, society, fraternal, social or other organized groups failing to comply with the prohibited acts of this article is guilty of a misdemeanor and subject to a fine of not more than three hundred dollars ($300.00) or by imprisonment not exceeding six (6) months in the county jail, or by both such fine and imprisonment. Provided however, that any person, persons, partnership, corporation, association, society, fraternal, social or other organized groups failing to pay any park user fee adopted by the county commissioners pursuant to this article is guilty of an infraction as defined in Idaho Code section 18-111 and subject to a civil penalty fine in the amount of forty eight dollars ($48.00). In addition thereto, the court shall assess costs as provided by law or rule.


(2) Civil Remedies: Any criminal violation or penalty imposed as a result of this article or rules and regulations promulgated pursuant to this article shall in no way limit the department of parks, cultural and natural resources from filing a civil claim against any violator to collect damages incurred to park areas or facilities. (Ord. 16-020, 12-12-2016)


(3) Authority To Remove Violator: The park employees shall have the authority to remove from any park area any violator of rules and regulations promulgated pursuant to this article or of rules and regulations contained in this article. No fees paid by a violator shall be returned to the violator upon his or her removal from the park. (Ord. 02-005, 7-25-2002, eff. 8-1-2002)






CHAPTER 3
CANYON COUNTY WATERWAYS REGULATIONS

04-03-01: PURPOSE:

This article and implementing regulations are designed to regulate and control the activities of persons involved in recreational pursuits on Lake Lowell and all other public waterways in the unincorporated areas of Canyon County, Idaho, to promote the health, safety, comfort, and convenience, peace and good order of the county and the inhabitants thereof; to make certain acts unlawful; and to provide a penalty for violation of those acts. (Ord. 91-003, 6-24-1991)
04-03-03: ACTIVITIES PROHIBITED ON OR FROM BOAT LAUNCHING DOCKS:

It shall be unlawful for any person to fish, swim, dive or ski from or to sunbathe, sit or otherwise loiter on any boat launching docks located on Lake Lowell or any public waterways in Canyon County, Idaho, and/or any docks extending from shore for the purpose of boat usage in Canyon County, Idaho. (Ord. 91-003, 6-24-1991)
04-03-05: SWIMMING AND WATERSKIING PROHIBITED IN BOAT LAUNCHING AREAS:

It shall be unlawful for any person to swim or waterski within boat launching areas located in Canyon County, Idaho. Such areas shall include all water between the "Slow, No Wake" regulatory buoys and the shoreline, excluding any marked areas where swimming or waterskiing is permitted. (Ord. 91-003, 6-24-1991)
04-03-07: GOTT'S POINT AT LAKE LOWELL:

It shall be unlawful for any person to drive a boat through or within the fishing area located at Gott's Point on Lake Lowell at a speed greater than a "No Wake" speed. The Gott's Point fishing area shall include all water between the "Slow, No Wake" regulatory buoys and the shoreline. (Ord. 91-003, 6-24-1991)
04-03-09: SUNBATHING DOCKS:

It shall be unlawful for any person to approach or tie up to a marked sunbathing dock with a boat in Canyon County, Idaho. It shall also be unlawful to fish from a marked sunbathing dock with the exception of participants on educational field trips scheduled through the Canyon County parks department. (Ord. 15-008, 4-3-2015)
04-03-11: FISHING DOCKS:

It shall be unlawful for any person to approach or tie up to a marked fishing dock with a boat in Canyon County, Idaho. It shall also be unlawful to sunbathe on or swim from a marked fishing dock. (Ord. 91-003, 6-24-1991)
04-03-13: BEACH AREAS:

It shall be unlawful for any person to drive or park a vehicle in or on any beach area located in Canyon County, Idaho. (Ord. 91-003, 6-24-1991)
04-03-15: BOAT DEFINED:

The term "boat" as used in this article shall be defined to mean any watercraft or vessel which is powered by a motor or engine. (Ord. 91-003, 6-24-1991)
04-03-17: EXCEPTIONS IN EMERGENCIES:

These regulations shall not apply in the case of an emergency or to law enforcement or waterways personnel acting in accordance with their official duties. (Ord. 91-003, 6-24-1991)
04-03-19: PENALTY:

Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (Ord. 91-003, 6-24-1991)





Chapter 5 - BUSINESS LICENSING AND REGULATIONS

CHAPTER 1
ALCOHOLIC BEVERAGES

05-01-01: SHORT TITLE:

This Article is entitled THE CANYON COUNTY ALCOHOLIC BEVERAGE ORDINANCE. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-03: AUTHORITY AND PURPOSE:


(1) This Article is enacted pursuant to authority conferred by article 12, section 2, Idaho Constitution, and sections 31-714, 31-801, 31-828, and 23-1015, Idaho Code.


(2) The purpose of this Article is to provide for, and further, the health, safety, and welfare of the public by providing for a procedure for issuance, transfer, renewal or revocation of licenses and/or permits for the sale of beer, wine and liquor and for the orderly, moral and responsible conduct of the business of selling and distributing beer, wine and liquor which will promote and protect the health, safety, and welfare of the public within the boundaries of the County. (Ord. 95-007, 11-13-95, eff. 1-1-96)

05-01-05: APPLICABILITY:

The provisions of this Article shall govern the issuance, renewal, transfer, and/or revocation of licenses and/or permits and other matters pertaining to licenses for the sale of liquor by the drink at retail, wine by the drink, and retail wine license, the sale of beer, including bottled and canned beer, none of which is to be consumed on the premises where sold, and including the selling of beer for consumption on the premises, draught and bottled or canned beer, or draught only and wine and liquor catering permits, as defined in this Article. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-07: DEFINITIONS:

For purposes of the Article, the words set out in this Section are defined as follows:

APPLICANT: Includes any individual, firm, copartnership, association, corporation, or any group or combination, acting as a unit, and the plural as well as the singular number unless the intent to give a more limited meaning is disclosed by the context.

BAR/TAVERN/LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants as defined herein.

BEER: Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, and/or ingredients in drinkable water.

BEER RETAILER OFF-PREMISES LICENSE: A license issued by the Board of County Commissioners authorizing a person to sell only bottled or canned beer, none of which is consumed on the premises where sold.

BEER RETAILER ON-PREMISES LICENSE: A license issued by the Board of County Commissioners authorizing a person to sell, for the consumption on the premises only bottled and/or canned beer.

DRAUGHT BEER RETAILER LICENSE: A license issued by the Board of County Commissioners authorizing a person to sell draught beer and bottled or canned beer, or draught beer only.

INTERDICTED PERSON: A person to whom the sale of liquor, beer, and/or wine is prohibited under the laws of the State of Idaho.

LICENSE: A license by the Board of County Commissioners to a qualified person, under which it shall be lawful for the licensee to engage in activities concerning the sale and/or distribution of liquor, beer, and/or wine as the case may be, as provided in this Article.

LICENSEE: The person to whom a license is issued under the provisions of this Article.

LIQUOR: An alcoholic beverage made by distillation rather than by fermentation.

LIQUOR BY THE DRINK AT RETAIL: A license issued by the Board of County Commissioners authorizing a person to sell at retail liquor by the drink for consumption on premises.

LIQUOR CATERING PERMIT: A permit issued by the Board of County Commissioners authorizing a person to serve and sell (at retail) liquor by the drink at a party or convention which is off the site of the licensed premises.

PERSON: Any individual, firm, corporation, copartnership, association or any other group or combination acting as a unit.

PREMISES: A building in which the sale of beer at retail, sale of liquor by the drink at retail, and/or wine by the drink at retail for consumption on the premises as is authorized under the provisions of this Article.

RESTAURANT: A premises where the principal business conducted on the premises is the selling of food prepared on the premises for consumption on or off the premises.

RETAIL WINE LICENSE: A license issued by the Board of County Commissioners authorizing a person to sell wine at retail for consumption off the licensed premises.

RETAILER: Any person engaged in the distribution of liquor, beer, or wine to the customer for consumption by the customer upon licensed premises, or for sale for consumption not on the premises.

WINE: An alcoholic beverage contained not more than fourteen percent (14%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar.

WINE-BY-THE-DRINK LICENSE: A license issued by the Board of County Commissioners authorizing a person to sell wine by the individual glass or opened bottle at retail for consumption on the premises only. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-09: LICENSE REQUIRED:

It shall be unlawful for any person without first having obtained a license from the Board of County Commissioners under the provisions of this Article to:


(1) Serve and sell liquor at retail by the drink for consumption on the licensed premises.


(2) Serve and sell liquor at retail by the drink at a party or convention which is off the site of the licenses premises.


(3) Sell bottled and/or canned beer, none of which is consumed on the premises where sold.


(4) Sell bottled and/or canned beer for consumption on the premises.


(5) Sell draught beer and bottled or canned beer, or draught beer only.


(6) Sell wine at retail for consumption off the premises.


(7) Sell wine by the individual glass or opened bottle at retail for consumption on the premises only.


(8) Otherwise distribute, possess for resale, or sell liquor, wine and/or beer. (Ord. 95-007, 11-13-1995, eff. 1-1-1996)

05-01-11: APPLICATION:


(1) Written Application: Prior to the issuance of a license as required in section 05-01-09 of this article, the applicant shall file with the County Clerk an application in writing, which application shall be on the official application form approved by the Board of County Commissioners, signed by the applicant, and containing such required information and statements relative to the applicant and the premises or property, if applicable, where either liquor, beer, and/or wine is sold.


(2) State License Required: Applications shall be accompanied by the corresponding license issued by the Director of the Department of Law Enforcement of the State for the premises and for the time which the application is made, which license shall be returned to the applicant after examination by the County Clerk.


(3) Required Information: All applications for a license shall require the applicant to set forth the following information:

A. Description And Location Of Premises: A detailed description of the premises for which a license is sought and its location.

B. Sworn Statement: A sworn statement by the applicant that they have affirmatively obtained and maintained all necessary permits concerning the business, building and property. Furthermore, that the applicant has verified that the building and property complies with all laws, codes and ordinances concerning building, public health, safety, and planning and zoning.

C. Financial Interest List: The names and addresses of all persons who will have any financial interest in any business to be carried on, in or upon the licensed premises, whether such interest results from open loans, mortgages, conditional sales contracts, silent partnerships, trusts, or any other basis other than upon trade account incurred in the ordinary course of business and the amounts and nature of such interests including the shareholders with names and addresses provided.

D. Lease: If the premises to be licensed are not owned by the applicant, then it shall be incumbent upon the applicant to furnish a certified copy of the lease by which applicant will occupy and possess the premises and that the lessor has consented to the sale of beer, wine or liquor on the premises.

E. Corporation/Partnership Information: The name and address of the applicant shall include, if the applicant is a partnership, whether a general or limited partnership and if the applicant is a corporation, the officers, directors and principal stockholders of the corporation.

F. False Statement: If the applicant knowingly makes any false statement in any part of an application, or any subsequent report, the applicant(s) shall be deemed guilty of a misdemeanor. (Ord. 95-007, 11-13-1995, eff. 1-1-1996)

05-01-13: QUALIFICATIONS:

No new license or renewal or transfer of a license shall be issued to any applicant who:


(1) Is not a bona fide owner or leaseholder of such business, and is not a citizen of the United States, or has not been a bona fide resident of the State for a period of thirty (30) days prior to the date of application; provided, that if the applicant is a partnership, all partners shall be such citizens, and at least one thereof, or the actual active manager therefor, shall have been such resident, and if the applicant is a corporation, such corporation shall be qualified to do business within the State, and the manager of such business premises shall be a citizen of the United States and a resident of the State of Idaho for a period of thirty (30) days prior to the date of application.


(2) Proposes a premises for the sale of liquor, beer or wine that does not conform to the laws and regulations of the State and to the ordinances of the County which are applicable thereto and which relate to public health, safety, and planning and zoning.


(3) Has, or any partner has, or actual manager or officer of whom has:

A. Been convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) years prior date of making application for any license hereunder.

B. Been convicted of the violation of any law of the State, or of the United States regulations, governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or within two (2) years forfeited or suffered the forfeiture of a bond for their appearance to answer charges to any such violation.

C. Subsequent to the effective date hereof, has been convicted of driving a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances as defined in the jurisdiction in which the judgment was entered within five (5) years prior to the date of the making of the application for license and/or has not paid a fine, completed a sentence and/or probation or parole for said conviction. Provided, however, an applicant shall not be disqualified from being issued a license pursuant to this subsection (3) if the applicant, owner, partner or officer does not have day to day, on site management or employment at the site of the license.

D. Has engaged in the operation, or has interest therein, of any house or place for the purpose of prostitution, or has engaged in the operation of any house or premises within the limits of the County which has been declared and found to have been a moral nuisance as defined by County ordinance or State law.

E. Subsequent to the effective date hereof, been convicted in any jurisdiction or received a withheld judgment for any crime concerning the possession or distribution of any controlled substances.


(4) Has had a similar license revoked by any jurisdiction granting the license and/or had their license revoked by the State of Idaho or the County.


(5) Who is under the age of nineteen (19) years.


(6) Proposes to license a premises for the sale of liquor by the drink at retail, for consumption on the licensed premises, to serve and sell liquor at retail by the drink at a party or convention which is off the site of the licensed premises, to sell for consumption on the premises draught, bottled or canned beer, and/or to sell wine by the individual glass or open bottle at retail for consumption on the premises that is conducted for pleasure or profit that is within three hundred feet (300') of any public school, church or other place of worship, or college, measured in a straight line from the nearest corner of said building to the nearest entrance of the licensed premises. This provision does not apply to licensed premises which preexisted the public school, church or other places of worship or college.


(7) Has a bar/tavern/lounge, dance hall, business or other premises where parking lot lighting levels have not been designed, installed and maintained at a level of at least one foot-candle which is defined as a unit measurement of illuminance on a surface at ground level equal to one lumen per square foot and with a 2.0 to 3.0 uniformity ratio (which is defined as a ratio of average foot-candles to minimum foot-candles). Existing parking lot lighting may be maintained at not less than present design levels, but shall be in compliance with this subsection not later than April 30, 1996.


(8) Proposes a premises that is not in compliance with chapter 6, article 1 of this Code.


(9) Submits an application which contains a false material statement knowingly made.


(10) Allows, permits to occur, or does not control conduct on the licensed premises which is a moral nuisance as defined by the laws of the State and/or the ordinances of the County.


(11) Allows or permits the licensed premises or surrounding property pertaining to the licensed premises to be frequented by or fails to exclude from the licensed premises or surrounding property pertaining to the licensed premises intoxicated and/or disorderly persons, or persons convicted of crimes of violence, and/or controlled substances, and/or lewd and lascivious conduct.


(12) Manages or operates the licensed premises and/or surrounding property pertaining to the licensed property in such a way as to be a nuisance by reason of the conduct of employees, patrons, or clientele of the licensed premises, where said employees, patrons, or clientele engage in lewd, violent, or disorderly behavior.


(13) By way of example "surrounding property pertaining to the licensed premises" shall include, but not be limited to, the parking lot or area, alleyways, or sidewalks adjacent to or near the licensed premises that are frequented or used by the employees, patrons, or clientele of the licensed premises or owned or controlled by the owner, operator, person or entity making use of the licensed premises. (Ord. 19-007, 2-25-2019)

05-01-15: INVESTIGATIONS/INSPECTIONS; ACCESS TO PROPERTY:


(1) Investigation; Inspection Of Premises: Upon receiving an application for a new license, an application for license renewal, or an application for license transfer, the Office of the Board of County Commissioners, County Building Official, County Sheriff and Fire Marshal may investigate the statements and representations contained in the application, may inspect the premises where the applicant proposes to do business, and may make such other further investigations as may be deemed proper to ascertain whether the applicant conforms to all of the requirements of this article. All reports and findings pertaining to said investigation shall be submitted to the Board of County Commissioners, who shall then decide whether or not to grant or deny the request for a license.


(2) Right Of Inspection/Investigation: The County Code Enforcement Officer, the Fire Marshal, County Building Official, County Sheriff and any other law enforcement officer or designee of said officials shall have the right to conduct inspection of the premises of any licensee at reasonable times for the purpose of investigating whether or not the licensee is in compliance with this article. The above described officials shall have the right to investigate the background and statements made in the application. Said application shall constitute a release of information by each applicant which permits County officials to investigate those records pertaining or relevant to application information and requirements of this article. (Ord. 95-007, 11-13-1995, eff. 1-1-1996)

05-01-17: LICENSE FEES:

An applicant shall be charged by the County Clerk the following applicant and license fees to be payable at the time the license is issued. These fees pertain to the license year or any remaining portion thereof and shall not be prorated. All license fees shall be paid to the General Fund of the County:


(1) Liquor By The Drink At Retail License: In accordance with Idaho Code section 23-916, as amended, the fees assessed by the County shall be twenty five percent (25%) of the fees listed by the State of Idaho in Idaho Code section 23-904, as amended. The license fee for the owner, operator or lessee of a golf course is one hundred dollars ($100.00).


(2) Liquor Catering Permit: The sum of twenty dollars ($20.00) per day.


(3) Beer Retailer, On Premises Consumption License: The sum of seventy five dollars ($75.00).


(4) Beer Retailer, Off Premises License: The sum of twenty five dollars ($25.00).


(5) Draught Beer Retailer License: The sum of one hundred dollars ($100.00).


(6) Wine By The Drink License: The sum of one hundred dollars ($100.00).


(7) Wine Retailer License: The sum of one hundred dollars ($100.00).


(8) Transfer Fee: The sum of five dollars ($5.00) for beer or wine licenses and ten dollars ($10.00) for liquor licenses.


(9) Refund: In the event the Board of County Commissioners should reject any application or transfer and a timely appeal of the decision of the Commissioners is not filed, following the time period for which an appeal may be filed, the Board of County Commissioners shall refund the amount of the license fee which was submitted with the application to the applicant. (Ord. 95-007, 11-13-1995, eff. 1-1-1996)

05-01-19: TERM OF LICENSE:

All licenses issued under the provisions of this article shall run from June 1 to May 31 (the license year). All such licenses shall expire at eleven fifty nine o'clock (11:59) P.M. on May 31. (Ord. 03-012, 12-4-2003, eff. 12-10-2003)
05-01-21: RENEWAL OF LICENSE:

An application for license renewal shall be submitted to the County Clerk on a renewal application form provided by the Office of the Board of County Commissioners. The renewal application shall include any changes, modifications or alterations to the nature or operational characteristics of the business. Failure to provide a complete and accurate application will result in rejection of the application. (Ord. 95-007, 11-13-1995, eff. 1-1-1996)
05-01-23: LICENSEE TO REPORT CHANGES:

If during the period of any license issued under this Article, any changes occur in licensee's circumstances relating to the licensee's qualifications or any other requirements to hold a license, the licensee shall forthwith file a verified written report of such changes with the County Clerk. Failure to report any of the aforementioned changes may result in suspension or revocation of the licensee's license. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-25: HOURS OF SALE:


(1) Liquor: No liquor shall be sold, offered for sale, or given away upon any licensed premises, and all liquor not sealed in bottles must be located in a separate room or cabinet during the following hours:

A. Sunday, Memorial Day, Thanksgiving Day, Christmas Day from one o'clock (1:00) A.M. to ten o'clock (10:00) A.M. the following day; provided, however, that on any Sunday not otherwise being a prescribed holiday, it shall be lawful for a licensee having a banquet area or a meeting room facilities separate and apart from the usual dispensing area (bar room), and separate and apart from normal public dining room (unless such dining room is closed to the public), to therein dispense liquor between the hours of two o'clock (2:00) P.M. to eleven o'clock (11:00) P.M. to bona fide participants of banquets, receptions or conventions for consumption only within the confines of such banquet area or meeting room facility.

B. On any other day between one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.

C. On any day of general or primary election until after the time when the polls are closed.


(2) Any patron present on the licensed premises after the sale of liquor has stopped as provided in the immediately above subsections (1)A through C, shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverages already served.


(3) Any person who consumes or intentionally permits the consumption of any liquor upon a licensed premises after the times provided for in the above subsections (1)A through (1)C shall be guilty of a misdemeanor.


(4) Beer/Wine: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer and/or wine, or where beer and/or wine is sold to be consumed on the premises, to sell or permit to be consumed on the premises, beer and/or wine as the same is defined by law, between the following hours:

A. Between the hours of one o'clock (1:00) A.M. Sunday and six o'clock (6:00) A.M. Monday.

B. On any other day between one o'clock (1:00) A.M. and six o'clock (6:00) A.M.


(5) Any patron present on the licensed premises after the sale of beer has stopped as provided in subsection (4) of this Section shall have a reasonable time, not to exceed thirty (30) minutes, to consume any beverage already served.


(6) Any person who consumes or intentionally permits consumption of beer and/or wine upon a licensed premise after the time provided for in subsection (4) of this Section shall be guilty of a misdemeanor. (Ord. 95-007, 11-13-95, eff. 1-1-96)

05-01-27: UNINCORPORATED AREAS OF COUNTY:

Except as provided by State law in title 23, chapter 9 of the Idaho Code, no license for the sale of liquor by the drink at retail shall be issued for locations in the unincorporated areas of the County. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-29: ACTION BY STATE LIQUOR DISPENSARY:

Nothing contained in this Article shall prohibit the State Liquor Dispensary from acting pursuant to the Idaho Liquor Act contained at title 23 of the Idaho Code. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-31: LIQUOR CATERING PERMIT:


(1) Eligibility; Term; Application: Any person holding a County liquor license may serve and sell liquor at retail by the drink at a party or convention, but said license shall not exceed three (3) consecutive days upon obtaining a liquor catering permit. Applications for such permit shall be made to the County Clerk upon the form prescribed by the Director of Law Enforcement for the State, which shall contain the following information:

A. The name and address of the applicant and the number of the applicant's State liquor license and the applicant's County liquor license.

B. The dates and hours during which the permit is to be effective, not to exceed three (3) consecutive days.

C. The names of the organizations, groups or persons sponsoring the event.

D. The address at which the liquor is to be served in, and if a public building, the rooms in which the liquor is to be served.


(2) Verification; Fee: The application shall be verified by the applicant and filed with the County Clerk. A filing fee in the amount of twenty dollars ($20.00) for each day the permit is to be effective shall be paid to the County Clerk which shall not be refunded in any event. (Ord. 95-007, 11-13-95, eff. 1-1-96)

05-01-33: DENIAL OF APPLICATION, SUSPENSION, AND/OR REVOCATION OF LICENSE:


(1) The Board of County Commissioners shall:

A. Deny an application of any applicant who does not meet the qualifications of Section 05-01-13 of this Article, unless the applicant has a license that is subject to a term of suspension and the term of the suspension has not been completed, in which case a license may be issued subject to the suspension and the applicant complying with the qualifications of Section 05-01-13 within the same period of suspension.

B. Revoke the license of any licensee who does not meet the qualifications to hold a license as set forth in subsections 05-01-13(1), (2), (4) or (9) and/or denies access for inspection or investigation conducted pursuant to subsection 05-01-15(2) of this Article.


(2) The Commissioners, at their discretion, may:

A. Revoke the license of any licensee who violates or is unable to meet any of the requirements or regulations contained in this Article with the exception of the mandatory revocation stated above in this Section.

B. Suspend the license at any time, during the period for which a license is issued, wherein the licensee violates or is unable to meet any of the qualifications, requirements or regulations contained in this Article. In the event the licensee is able to come into compliance with this Article, then the suspension shall be terminated. No suspension can be for a period greater than one hundred eighty (180) days. In the event the licensee does not come into compliance within the period of the suspension, the license shall be immediately revoked by the terms of the suspension.

C. If the Commissioners determine to suspend a license, the affected licensee may petition the Commissioners once per license year prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the Commissioners determine such payment to be consistent with the purpose of the laws for the State and the ordinances of the County and in the public interest, the Commissioners shall establish a monetary payment in an amount not to exceed five thousand dollars ($5,000.00). The licensee may reject the payment amount determined by the Commissioners and instead be subject to the suspension. Upon payment of the amount established, the Clerk shall cancel the suspension period. The Commissioners shall cause any payment to be paid to the general fund of the County. This monetary payment applies only to the current license year. If a suspension is ordered in any subsequent license year, the licensee must file another application pursuant to this subsection to be considered for a monetary payment in lieu of the suspension.

D. The decision to revoke or suspend a license pursuant to the immediately above subsections A through C is solely within the discretion of the Board of County Commissioners. Nothing in these subsections require that the Board of County Commissioners impose any lesser sanction prior to revoking a license issued pursuant to this Article. (Ord. 95-007, 11-13-95, eff. 1-1-96)

05-01-35: INFORMATION CONCERNING VIOLATIONS:

Whenever information is submitted to, or shall come to the attention of any official, department head, elected official, law enforcement officer, or employee of the County, that a licensee has committed a violation of this Article rendering their license subject to suspension and/or revocation, the official, department head, elected official, law enforcement officer, or County employee shall report such information to the Board of County Commissioners, in writing. (Ord. 95-007, 11-13-95, eff. 1-1-96)
05-01-37: NOTICE, REVIEW HEARING AND APPEAL PROCEDURES:


(1) Denial Of Application; Notice: In the event the Board of County Commissioners shall deny an application, the Board must send notice of their decision to the applicant within ten (10) days of receipt of the application. Said notice shall comply with the requirements set forth in subsection (5) below. Notice of approval of an application must also be sent within ten (10) days of receipt of the application.


(2) Suspension, Revocation Or Refusal To Renew: In the event that it appears to the Board of County Commissioners that there are grounds for suspension, revocation, or refusal to renew a license or permit, then the Board shall propose to suspend, revoke or refuse to renew the license or permit. The Board shall send notice of the proposed action and effective date to the pertinent party in accordance with subsection (5) below.


(3) Review Hearing; Request For Review: An applicant, licensee or permittee may request a review hearing with the Board of County Commissioners on the Board's denial of an application or proposed suspension, revocation or refusal to renew a license or permit. A written request for a review hearing must be filed with the Board of County Commissioners within ten (10) days of the date notice of the Board's decision or proposed action was mailed to the affected party. No pleadings shall be required and all such review hearings shall be informal.


(4) Appeals: Final decisions of the Board of County Commissioners may be appealed pursuant to title 23, chapter 10 and title 67, chapter 52 of the Idaho Code.


(5) Notice: Notices sent by the Board under this Article shall contain the following:

A. The statute, ordinances and/or standards used to evaluate the matter.

B. Specify the reasons for the decision or proposed action.

C. The actions, if any, the applicant could take to obtain the license, permit, transfer or renewal.

D. The applicant may file a written request with the Board of County Commissioners for a review hearing on the Board's denial or proposed action. Said request must be filed within ten (10) days from the date notice was mailed from the Board to the pertinent party. No pleading shall be necessary and any hearing before the Board will be informal.

E. Final decisions of the Board of County Commissioners may be appealed pursuant to title 23, chapter 10, and/or title 67, chapter 52 of the Idaho Code.

F. After any review hearing, the Board shall send written notice of their decision to the applicant, licensee, or permittee within twenty (20) days after the conclusion of the hearing. Said notice shall contain the information mentioned in subsections A, B, C and E above. (Ord. 95-007, 11-13-95, eff. 1-1-96)

05-01-39: MISDEMEANOR VIOLATION:

Sale or distribution of beer, wine, liquor, or other alcoholic beverages in violation of the terms of this Article shall be a misdemeanor. All misdemeanor violations of this Article shall be punishable in accordance with Idaho Code section 18-113, as amended. (Ord. 95-007, 11-13-95, eff. 1-1-96)





CHAPTER 3
CABLE TELEVISION

05-03-01: SHORT TITLE; PURPOSE:


(1) Short Title: This article shall be known as the CANYON COUNTY CABLE TELEVISION LICENSING ORDINANCE.


(2) Purpose: The purpose of this article shall be to regulate the installation and operation of a community antenna television system within the unincorporated portions of Canyon County, Idaho. (Ord. 91-007, 10-10-1991)

05-03-03: DEFINITIONS:

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not directory. All words and phrases not otherwise defined herein shall have their ordinary and customary meaning.

BOARD OF COUNTY COMMISSIONERS: The Canyon County board of county commissioners.

COMMUNITY ANTENNA TELEVISION SYSTEM (hereinafter referred to as CATV, CATV SYSTEM or SYSTEM): A system of antennas, coaxial cables, waveguides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, FM radio or other services by cable through its facilities as herein contemplated.

COUNTY: The county of Canyon, Idaho.

EASEMENT: A grant of right to use a strip of land for specific purposes, including public utility easements granted for facilities providing service to and used by the public.

LICENSE AREA: The area within Canyon County outside the corporate limits of any municipal corporation within Canyon County.

LICENSEE: A grantee of rights under these licensing regulations.

PUBLIC RIGHTS OF WAY: Any alley, dedication, or street, as those terms are defined pursuant to the Canyon County subdivision ordinance1, as amended.

SUBSCRIBER: Any person or entity receiving for any purpose the CATV service of the licensee herein. (Ord. 91-007, 10-10-1991)
05-03-05: LICENSE REQUIRED:

No person shall engage in the business of operating a CATV system without having obtained a license for such purpose from the board of county commissioners. (Ord. 91-007, 10-10-1991)
05-03-07: APPLICATION FOR LICENSE:

Application for a license to engage in the business of operating a CATV system shall be made by the person or their duly designated agent by filing an application with the clerk of the board of county commissioners. Such application shall contain the following information:


(1) The name and address of the applicant, and should the applicant be a corporation, the names and addresses of all officers and directors of said corporation.


(2) If the applicant be a corporation, the applicant shall file with the clerk of the board of county commissioners its annual report of its operations during the preceding fiscal year. (Ord. 91-007, 10-10-91)

05-03-09: NONEXCLUSIVE LICENSE:

The right to use and occupy the easements and public ways for the purposes herein set forth shall not be exclusive, and the board of county commissioners reserves the right to grant similar rights, privileges and licenses to any other person. (Ord. 91-007, 10-10-91)
05-03-11: TERMS OF LICENSE:

The license and rights herein granted shall be in force and effect for a term of three (3) years from the effective date of the license. The license shall be automatically renewed by the continued payment of the license fee below, unless written notice is given by the board of county commissioners within ninety (90) days of the expiration of the term of license. In such event, the licensee shall have the opportunity to appear before the board of county commissioners and present its reasons for renewal of the license. (Ord. 91-007, 10-10-91)
05-03-13: LICENSE FEE AND INSPECTION OF RECORDS:


(1) The licensee shall pay to the county an amount equal to five percent (5%) of the gross income from subscribers residing within the license area during the previous calendar year. Such payment for the previous calendar year shall be made to the Canyon County auditor on or after January 1, but no later than March 1 of each year.


(2) A licensee shall permit any duly authorized representative of the board of county commissioners or Canyon County auditor to inspect, examine and transcribe any and all records kept and maintained by the licensee regarding gross income from subscribers within the license area in order to verify the license fee tendered. (Ord. 91-007, 10-10-91)

05-03-15: OPERATIONAL STANDARDS:

The licensee shall maintain and operate the system and render efficient service in accordance with such rules and regulations as are, or may hereinafter be, promulgated by the federal communications commission. (Ord. 91-007, 10-10-91)
05-03-17: CONDITIONS ON EASEMENTS AND PUBLIC RIGHTS OF WAY OCCUPANCY AND USE:


(1) Use: All transmission and distribution structures, lines and equipment erected by the licensee within the licensed area shall be so located as to cause minimum interference with the proper use of public rights of ways and easements and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said public rights of ways or easements and not to interfere with existing public utility installations. In all areas of the licensed area where the cables, wires or other like facilities of both electrical and telephone utilities are placed underground, licensee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits.


(2) Restoration: In case of any disturbance of pavement, sidewalk, driveway, other surfacing or landscaping of said rights of way or easements, licensee shall, at its own expense, replace and restore all paving, sidewalk, driveway, other surfacing or landscaping of any public rights of way or easements.


(3) Tree Trimming: Licensee shall have authority to trim any trees upon and overhanging the public rights of way and easements so as to prevent the branches of such trees from coming in contact with wire and cables of the licensee.


(4) Notice: Before entering upon any property for any of the reasons stated in this section, the licensee shall first give written notice to the property owners at least forty eight (48) hours in advance. (Ord. 91-007, 10-10-91)

05-03-19: LICENSEE LIABILITY; INDEMNIFICATION:

The licensee shall at all times protect and hold harmless the county from all claims, actions, suits, liability, loss, expense or damages of every kind and description resulting from the construction, installation, operation or maintenance by the licensee of its CATV system within the licensed area. The licensee shall, concurrently with the filing of an application for license, file with the clerk of the board of county commissioners and at all times thereafter maintain in full force and effect for the term of said license or renewal thereof, at licensee's sole expense, a general comprehensive liability insurance policy and a certificate of insurance for that policy showing the county as an additional insured on that policy in protection of the county, its officers, boards, commissions, agents and employees, in a company authorized to do business in the state of Idaho and in a form satisfactory to the prosecuting attorney, protecting the county, its officers and employees against liability for loss or damage for personal injury, death and property damage occasioned by the operations of licensee under said license in a minimum amount:


(1) Two hundred fifty thousand dollars ($250,000.00) for property damages to any one person.


(2) Five hundred thousand dollars ($500,000.00) for property damage in any one occurrence.


(3) Five hundred thousand dollars ($500,000.00) for personal injury to any one person.


(4) One million dollars ($1,000,000.00) for personal injury in any one occurrence. (Ord. 91-007, 10-10-91)

05-03-21: LIMITATIONS OF LICENSE:

This license shall be a privilege to be held in personal trust by the original licensee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, consolidation or otherwise, without the consent of the board of county commissioners expressed by resolution. (Ord. 91-007, 10-10-91)
05-03-23: LOCAL OFFICE COMPLAINTS:

The licensee shall maintain a local business office or agent which the inhabitants of the licensed area may telephone during regular business hours without incurring added message or toll charges for any complaint regarding the installation of the CATV system, the quality of service, equipment malfunction or similar matters. (Ord. 91-007, 10-10-91)
05-03-25: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES:

Licensee shall at all times during the term of this license be subject to all lawful exercise of applicable laws, ordinances, regulations and statutes by the federal, local or state government or any political subdivision within the county. (Ord. 91-007, 10-10-91)
05-03-27: PROHIBITED ACTS OR CONDITIONS:

From and after the effective date of this article, it shall be unlawful for any person to construct, install or maintain within any easement or public right of way within the license area any equipment or facilities for distribution of any television signals or radio signals through a CATV system, unless a license authorizing such use has first been obtained and unless such license is in full force and effect. In addition, it shall be unlawful for any licensee, its agents, servants or subcontractors to violate any provision of this article. Should a violation of this article be committed by an agent, servant or subcontractor of the licensee, prosecution of such violations may be commenced, pursuant to section 05-03-31 of this article, against the licensee or against the agent, servant or subcontractor, or against both. (Ord. 91-007, 10-10-91)
05-03-29: PENALTIES:

Each violation of this article shall be a misdemeanor. Each day such violation continues constitutes a separate offense and shall be punishable as provided in section 01-01-07 of this code. (Ord. 91-007, 10-10-91; 1996 Code)
05-03-31: PROCEDURE ON VIOLATIONS:


(1) Upon knowledge by the board of county commissioners of any violation or belief that a violation is about to occur, the board of county commissioners may request that the Canyon County persecuting attorney commence action, criminal or civil, to correct the violation and to punish the same.


(2) In the event any action is taken or any construction commenced in violation of the provisions of this article, the proper authorities of the county, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful action or construction, to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in or about such premises. (Ord. 91-007, 10-10-91)


Footnote 1: See chapter 7, article 17 of the this code.






CHAPTER 5
PAWNBROKERS AND SECONDHAND DEALERS/OPERATORS

05-05-01: TITLE:

This Article shall be known as the PAWNBROKERS AND SECONDHAND DEALERS/OPERATORS ORDINANCE. (Ord. 95-004, 7-3-95)
05-05-03: AUTHORITY AND PURPOSE:


(1) Authority: This Article is authorized by Idaho Code sections 31-714, 31-801 and 31-828 and article 12, section 2 of the Idaho Constitution.


(2) Purpose: This Article is intended to regulate pawnbrokers and secondhand dealers and secondhand operators and to aid the Sheriff and law enforcement in the identification and the recovery of stolen property. (Ord. 95-004, 7-3-95)

05-05-05: DEFINITIONS:

Unless the context clearly requires otherwise, the definitions in this Section apply throughout this Article as set out below:

COUNTY: Canyon County, Idaho.

MELTED METALS: Metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been processed.

METAL JUNK: Any metal that has previously been milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals.

NONMETAL JUNK: Any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk does not include an item made in a former period which has enhanced value because of its age.

PAWNBROKER: Every person engaged, in whole or in part, in the business of loaning money on the security of pledges, of personal property, or deposits, or conditional sales of personal property, or the purchase or sale of personal property.

PRECIOUS METALS: Gold, silver, and platinum.

PERSON: Includes any natural person, individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit.

SECONDHAND DEALER: Every person engaged in whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value, secondhand personal property, including metal junk, melted metals, precious metals. Secondhand dealer also includes persons or entities conducting business at flea markets or swap meets, more than three (3) times per year. Secondhand dealer does not include a person who deals in new property and takes trade-ins. Secondhand dealer does not include a person who sells or consignment sells secondhand property through or under a space occupying arrangement with a person who possesses a current and unrevoked County secondhand dealer's license.

SECONDHAND OPERATOR: A secondhand dealer's license is not required for those secondhand dealers described in the above definition of secondhand dealer who act as a secondhand dealer and who operate their secondhand property business through or under a space occupying arrangement with a person who possesses a current and unrevoked County secondhand dealer's license. Those persons operating under another person's secondhand dealer's license as described above shall be known as secondhand operators. Secondhand operators must comply with all the requirements of this Article imposed on secondhand dealers or pawnbrokers, except for Sections 05-05-07, 05-05-09, 05-05-19 and 05-05-21 of this Article. A secondhand operator shall make a clear and exact copy of those records required by Section 05-05-11. Those record copies shall at the end of each business day be turned over by the secondhand operator to the secondhand dealer under whose license the secondhand operator is conducting his business. The secondhand dealer shall make such record copies obtained from the secondhand operators available to the Sheriff in the manner described by Section 05-05-13. The secondhand dealer may have his secondhand dealer's license revoked for the failure of the secondhand dealer and/or secondhand operator to comply with the provisions contained in this definition.

SECONDHAND PROPERTY: Any item of personal property offered for sale which is not new, including metals in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used books, and clothing of a resale value of seventy five dollars ($75.00) or less. Secondhand property shall include furs of any value.

SHERIFF: Canyon County Sheriff and includes Canyon County Deputy Sheriffs.

TRANSACTION: A pledge, or the purchase of, or consignment of, or the trade of any item of personal property by a pawnbroker, secondhand dealer or secondhand operator from a member of the general public. (Ord. 95-004, 7-3-95)
05-05-07: LICENSE REQUIRED; FEE:


(1) Annual License; Fee:

A. License Required: No person shall do business in the County as a pawnbroker or secondhand dealer without first obtaining a license annually from the County and paying the below license processing fee.

B. License Fee; License Tax: The annual license processing fee for each pawnbroker and secondhand dealer shall be two hundred dollars ($200.00). This fee is necessary to defray the costs for the investigation of the applicant and the processing of the application. This annual license processing fee for a pawnbroker's license is in addition to the license tax imposed on pawnbrokers by Idaho Code section 63-2303 as amended.

C. Term Of License: The license shall expire at the end of one year from the date of the issuance, unless sooner revoked or suspended.

D. Investigation: The Sheriff shall cause an investigation to be made of the applicant.

E. Grounds For Denial: Conviction of a felony involving moral turpitude within the five (5) years prior to the application may be grounds for denial of a license.

F. Prior License/Permit Denied, Revoked Or Suspended: No license shall be issued if the applicant has had a County pawnbroker/secondhand dealer's business license or other similar permit or license denied, revoked, or suspended by the County or State or any other State or local agency within three (3) years prior to the date of the application.

G. Application: All applications for pawnbroker and secondhand dealer licenses shall be filed with the Clerk of the Board of County Commissioners. All applications shall be presented to the Board of County Commissioners for approval.

H. Age Of Applicant: No license shall be issued to any person who is not eighteen (18) years of age or older.


(2) Denial Of License: Whenever the Board of County Commissioners denies an application, the Board shall specify in writing:

A. The statutes, ordinances and standards used in evaluating the application;

B. The reasons for denial; and

C. The action, if any, that the applicant could take to obtain the license.


(3) Appeal: A person whose application is denied may appeal the denial decision to the Board of County Commissioners by filing a written notice of appeal with the Clerk of the Board of County Commissioners within fifteen (15) days of the date of the Board of County Commissioners' signed denial decision. Failure to timely appeal the denial decision will be a waiver of the right to appeal that denial decision. A timely filed appeal shall be conducted in accordance with the procedural rules established by the Administrative Procedure Act of Idaho.


(4) Revocation: Failure to meet or maintain any of the requirements of this Article is cause for revocation of an issued license which revocation shall occur in accordance with the procedural rules established by the Administrative Procedure Act of Idaho. (Ord. 95-004, 7-3-95)

05-05-09: FIXED PLACE OF BUSINESS REQUIRED:

No person may operate as a pawnbroker or secondhand dealer unless the person maintains a fixed place of business within Canyon County or the State. (Ord. 95-004, 7-3-95)
05-05-11: DUTY TO RECORD TRANSACTIONS:


(1) Maintenance Of Permanent Record: It shall be the duty of every pawnbroker and secondhand dealer doing business in the County to maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each transaction, a record thereof containing:

A. The signature of the person with whom the transaction is made;

B. The date of transaction;

C. The name of the person or employee or the identification number of the person or employee conducting the transaction;

D. The name, date of birth, sex, height, weight, race, address and telephone number of the person with whom the transaction is made;

E. A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number by name, any initials, or engravings, size, pattern, and color of stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun;

F. The price paid or the amount loaned;

G. The type and identifying number of identification used by the person with whom the transaction was made, which shall consist of a valid driver's license or identification card issued by any state, or two (2) pieces of identification issued by a governmental agency, one of which shall be the description of the person identified. At all times, one piece of current government issued picture identification will be required;

H. The nature of the transaction, a number identifying the transaction, the store identification as designated by the County Sheriff, or the name and address of the business and the name of the person or employee conducting the transaction, and the location of the property; and

I. The street and house number of the place from which the property bought or received in pledge was last removed.


(2) Inspection Of Record: Such record of all goods received shall be open to the inspection of the Sheriff during business hours. (Ord. 95-004, 7-3-95)

05-05-13: DAILY REPORTS:


(1) Transmittal To Sheriff: Upon request, every pawnbroker and secondhand dealer doing business in the State shall furnish to the Sheriff, a full, true and correct transcript of the record of all transactions conducted on the preceding date. These transactions shall be recorded on such forms as may be provided in such format as may be required by the Sheriff within a specified time not less than twenty four (24) hours. This information may be transmitted to the Sheriff by mailing; electronically, by facsimile transmission; or by modem or similar device; or by delivery of computer disks subject to the requirements of, and approval by, the Sheriff.


(2) Suspect Property: If a pawnbroker or secondhand dealer has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the Sheriff, together with the name of the owner, if known, and the date when and the name of the person from whom it was received. (Ord. 95-004, 7-3-95)

05-05-15: DUTIES UPON NOTIFICATION PROPERTY REPORTED STOLEN:


(1) Notification; Identifying Tag: Following notification from the Sheriff that an item of property has been reported as stolen, the pawnbroker or secondhand dealer shall hold that property intact and safe from alteration, damage or commingling. The pawnbroker or secondhand dealer shall place an identifying tag or other suitable identification upon the property so held.


(2) Release: Property held shall not be released for one hundred twenty (120) days from the date of Sheriff notification unless released by written consent of the Sheriff or by written order of a court of competent jurisdiction.


(3) Verbal Hold: In cases where the Sheriff has placed a verbal hold on an item, he must then give written notice to the pawnbroker or secondhand dealer within ten (10) business days of making the verbal hold. If such written notice is not received within that period of time by the pawnbroker or secondhand dealer, then the hold order will cease.


(4) Expiration Notice: The pawnbroker or secondhand dealer shall give a twenty (20) day written notice to the Sheriff about the stolen property before the expiration of the one hundred twenty (120) day holding period. If notice is not given within twenty (20) days by the pawnbroker or secondhand dealer to the Sheriff, then the hold on the property shall continue for an additional one hundred twenty (120) days. The Sheriff may renew the holding period for additional one hundred twenty (120) day periods as necessary.


(5) Renewal Notice: After the receipt of notification from a pawnbroker or secondhand dealer, if an additional holding period is required, the Sheriff shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the existing hold order.


(6) Effect Of Provisions: The provisions set forth in this Section supersede any other provisions of this Article.


(7) Removal Of Hold: The Sheriff shall not place on hold any item of personal property unless the Sheriff reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined by the Sheriff not to be stolen or lost. (Ord. 95-004, 7-3-95)

05-05-17: PROPERTY AS EVIDENCE:


(1) Production For Court/Sheriff: Whenever property that is in the possession of a pawnbroker or secondhand dealer is subject to a hold and the property is required by the Sheriff in a criminal investigation, the pawnbroker or secondhand dealer upon reasonable notice, shall produce the property at reasonable times and places for the Sheriff or a court of competent jurisdiction or may deliver the property to the Sheriff upon the request of the Sheriff placing the hold on the property.


(2) Sheriff's Receipt: Whenever any property is taken from a pawnbroker or secondhand dealer which is alleged to be stolen property, the Sheriff shall give the pawnbroker or secondhand dealer a receipt for the property which shall contain a description of the property, the reason for seizure and the names of the pawnbroker or secondhand dealer and the Sheriff.


(3) Property In Custody Of Sheriff: Property, alleged to be stolen or embezzled, coming into the custody of the Sheriff shall be held by the Sheriff subject to the order of the magistrate as provided by Idaho Code sections 19-3801 through 19-3807, as amended. (Ord. 95-004, 7-3-95)

05-05-19: RETENTION OF PROPERTY; INSPECTION:


(1) Pawnbroker: Property bought or received by any pawnbroker shall not be removed from that place of business except when redeemed by, or returned to, the owner within thirty (30) days after the receipt of the property. The property shall at all times during the ordinary hours of business of the pawnbroker be open to inspection by the Sheriff.


(2) Secondhand Dealer: Property bought or received on consignment by any secondhand dealer shall not be removed from the place of business, except consigned property returned to the owner, within thirty (30) days after the receipt of the property. Property shall at all times during the ordinary hours of business of the secondhand dealer be open to inspection by the Sheriff.


(3) Secondhand Operator: Property bought or received on consignment by any secondhand operator shall be held within the County, except consigned property returned to the owner, within thirty (30) days after receipt of the property. The property shall be available within the County for inspection at reasonable times by the Sheriff. (Ord. 95-004, 7-3-95)

05-05-21: PAWNBROKERS, SALE OF PLEDGED PROPERTY:


(1) Sale Of Pledged Property: A pawnbroker shall not sell any property received in pledge until both the term of the loan and a grace period of thirty (30) days has expired.


(2) Written Documents Required For Transactions: Every transaction entered into by a pawnbroker shall be evidenced by a written document, a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan, the date on which the loan is due and payable, and shall inform the pledgor of the pledgor's right to redeem the pledge within thirty (30) days after the expiration of the loan term. (Ord. 95-004, 7-3-95)

05-05-23: PROHIBITED ACTS; PENALTY:


(1) Misdemeanor: It is a misdemeanor for:

A. Any person to knowingly make, cause or allow to be made any false entry or misstatement of any material matter in any book, record or writing required to be kept under this Article;

B. Any pawnbroker, secondhand dealer or secondhand operator to receive any property from any person under the age of eighteen (18) years, any person under the influence of intoxicating liquor or drugs; or

C. Any person to violate knowingly any other provision of this Article.


(2) Criminal Penalty: It shall be a misdemeanor for any person to fail to comply with any of the provisions of this Article which shall be punishable as provided for in Idaho Code section 18-113, as amended, in the Magistrate Division of the District Court of the Third Judicial District of the State of Idaho, in and for the County of Canyon. Each day an offense continues shall be considered a separately punishable offense. All court proceedings shall be processed and adjudicated in accordance with the Idaho Misdemeanor Criminal Rules. (Ord. 95-004, 7-3-95)

05-05-25: CIVIL ENFORCEMENT:

Enforcement may be by referral from the Board of County Commissioners to the Prosecuting Attorney for the prosecution of civil enforcement proceedings in the appropriate court. (Ord. 95-004, 7-3-95)





Chapter 6 - BUILDING REGULATIONS

CHAPTER 1
BUILDING CODES

06-01-01: TITLE:

This article shall be known and cited as CANYON COUNTY BUILDING CODE ORDINANCE. (Ord. 15-004, 3-13-2015)
06-01-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the Board of County Commissioners.


(2) Purpose: The purpose of this article is to provide, by adopting different codes' references from the International Code Council, nationally recognized codes, governing the conditions and maintenance of all property, buildings, and structures for Canyon County, Idaho; by providing the standards for supplied facilities, and other physical things and conditions which adopted provisions and standards will promote structures that are safe, sanitary, and fit for occupancy and use and providing for the issuance of permits and collection of fees thereof.


(3) Authority: This article is enacted pursuant to the authority conferred by Idaho Constitution, article 12, section 2; and Idaho Code 39-4116. (Ord. 18-001, 1-2-2018)

06-01-05: SAVING CLAUSE:

Any actions, civil, criminal, or administrative, which are pending at the time of the enactment of this article, may be pursued as if Canyon County Building Code ordinance 07-016 had not been repealed. (Ord. 15-004, 3-13-2015)
06-01-07: DEFINITIONS:

All words and phrases used in this article shall be given their ordinary, commonly understood and accepted meanings unless otherwise noted. The following terms shall have the following meanings in the interpretation and construction of this article:

AGRICULTURAL BUILDING: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products on Agriculturally zoned land which Agriculturally zoned land shall consist of at least a single parcel of land of more than five (5) acres in size, exclusive of any public right-of-way. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, packaged or sold, nor shall it be a place used by the public. Notwithstanding this definition, the Director or Director's designee has the discretion to determine that an agricultural building, proposed to be located on Agriculturally zoned land of less acreage than provided herein, qualifies for inclusion in this definition.

CCFHAR: The Canyon County flood hazard areas regulations which are found in chapter 7, article 10A, "Flood Hazard Overlay Zone", of this Code, as amended.

CONTRACTOR: (1) Any person who in any capacity undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, perform construction; or

(2) A construction manager who performs construction management services.

COUNTY: Canyon County, Idaho.

DIRECTOR: Director of County's Development Services Department. (Ord. 18-004, 1-29-2018)

06-01-09: BUILDING PERMIT REQUIRED; EXCEPTIONS:


(1) Building Permits: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, improve, move, remove, convert or demolish any building or structure unless a separate permit for each building or structure has first been obtained from the County Development Services Department.


(2) Mobile/Manufactured And Modular Home Exception: Setup and installation of mobile, manufactured and modular homes shall be in accordance with the manufacturer's installation manual or if manual is not available then the most current Idaho Manufactured Home Installation Standard published by the State of Idaho, Division of Building Safety, manufactured housing section.


(3) Miscellaneous Exceptions: It is not the purpose of this article to require that permits be obtained or fees paid for repairs and maintenance which do not violate the intent of the nationally recognized codes (the International Building Code, International Residential Code for One- and Two-Family Dwellings, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code, International Existing Building Code), as adopted by this article, when such repair or maintenance is accomplished on a single-family residence or accessory building thereto. Items designated as follows, in or appurtenant to single-family residences and which do not encroach over subsurface disposal systems or into required yards, are exempt from permits and fees established by this article. The exempt items are:

Cabinetwork;

Concrete slabs;

Driveways, sidewalks and masonry repair;

Floor or ceiling covering;

Gutters or downspouts;

Nonbearing partitions and walls;

Painting;

Shelving;

Items as determined by the Director or the Director's designee such as, ornamental windmills, flagpoles or other similar fixtures.


(4) Agricultural Building Exception: This article does not apply to an "agricultural building" as defined in section 06-01-07 of this article. Even though any person wishing to construct an agricultural building is not required to obtain a building permit, any person wishing to construct an agricultural building must apply for and obtain a zoning compliance/permit before any construction begins on the property, pursuant to Idaho Code section 39-4116(5). The purpose of the zoning compliance/permit is to assure that the location of the proposed agricultural building will not obstruct any fire district turnaround required for an inhabited building as mandated by the County zoning ordinance, as amended, and the location of an agricultural building is in compliance with the following list of requirements, including, but not limited to: road setbacks, section line and quarter section line setbacks, and utility easements, imposed by the County zoning ordinance, as amended, and the flood hazard areas regulations required by the CCFHAR.


(5) Contractor Registration: Pursuant to Idaho Code section 54-5204 no building permit will be issued without a current Idaho contractor registration number unless exempt pursuant to Idaho Code sections 54-5205 and 54-5209.


(6) Required Approvals: Where applicable, a Health Department and/or the local Fire Protection District(s) approval shall be furnished in writing as a condition precedent to receiving a building permit. (Ord. 18-004, 1-29-2018)

06-01-11: ADOPTION OF CODES:

The following editions of the International Code Council codes, except as herein amended by the State of Idaho Building Code Board pursuant to Idaho Code sections 39-4109 and 39-4116, or herein provided in this article are hereby adopted and incorporated by reference as if fully set forth herein, and shall apply in the unincorporated areas of the County and supersede any earlier Code adoption ordinance. This article includes rules and regulations governing all building activity, including erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, height and area of buildings or structures. It shall be unlawful to engage in any building activity without complying with the rules and regulations contained in this article and the codes adopted herein.

The following nationally recognized codes and other State regulations are adopted as amended:


(1) International Building Code, 2015 edition, to also include:

Appendix C, "Group U Agricultural Buildings";

Appendix E, "Supplementary Accessibility Requirements";

Appendix J, "Grading".


(2) International Residential Code for One- and Two-Family Dwellings, 2012 edition, to also include:

Appendix G, "Swimming Pools, Spas and Hot Tubs";

Appendix H, "Patio Covers";

Appendix J, "Existing Buildings and Structures";

Appendix M, "Home Day Care - R3 Occupancy".


(3) International Energy Conservation Code, 2015 edition with State 2012 amendments for residential portion.


(4) International Mechanical Code, 2012 edition.


(5) International Fuel Gas Code, 2012 edition.


(6) International Existing Building Code, 2015 edition.


(7) The most current Idaho Manufactured Home Installation Standard published by the State of Idaho, Division of Building Safety, manufactured housing section. (Ord. 18-001, 1-2-2018)

06-01-13: AMENDMENTS TO THE NATIONALLY RECOGNIZED CODES:

The nationally recognized codes as adopted above, are hereby changed, altered, deleted and amended as follows:


(1) International Building Code, 2015 edition: The following sections are hereby amended:

A. Section R101.1 insert: Canyon County.

B. Section 105 Permits: "105.2 Work Exempt From Permit" will amend and add to list under "Building":

14. Ornamental windmills, flagpoles or other similar fixtures as determined by the director or the director's designee.

15. Agricultural building as defined in chapter 6, article 1 of the Canyon County code of ordinances.

C. Section 105 Permits: "105.3 Application For Permit" will be amended to read as follows:

To obtain a permit, the applicant shall first file and complete a zoning compliance permit as required by Canyon County code of ordinances, subsection 07-12-01(1), as amended.

D. Section 108 Fees: "108.2 Schedule Of Permit Fees" shall be amended to provide that building permit, zoning compliance/permit, inspection, plan review, certificate of occupancy, and appeal fees shall be approved and adopted by resolution of the board of county commissioners.

E. Section 113 Board Of Appeals: The addition of a new section 113.3.1 Appeal Board Membership: The board of county commissioners will appoint a three (3) person board of appeals, to stand as needed, with membership to be selected from but not limited to the following list of professionals in the various fields of expertise in the building industry:

The city of Caldwell, Idaho building official or their designee;

The city of Nampa, Idaho building official or their designee;

The Caldwell, Idaho rural fire district fire chief or their designee;

The Nampa, Idaho rural fire district fire chief or their designee;

The Middleton, Idaho rural fire district chief or their designee;

The president of the Snake River Valley Building Contractors Association or their designee;

A licensed Idaho architect;

A licensed Idaho structural engineer.

F. Section 114 Violations: "114.4 Violations Penalties" shall be amended to reference section 06-01-17 of the Canyon County code of ordinances.

G. Section "501.2 Premises Identification" shall be amended to read as follows:

The addressing of each commercial, industrial and public building must be approved by the county and the governing fire district. The requirements of Canyon County code of ordinances, chapter 6, article 5 (uniform street name and addressing ordinance) must be met, except that the approved address numbers for commercial, industrial and public buildings shall be a minimum of ten (10) inches in height. Named private lanes shall be on a sign of a design approved by the board of county commissioners and installed at the entrance at a publicly maintained road on a breakaway type pole.

H. Section 1612.3 insert: Canyon County.

I. Section 1612.3 insert: 1993.

J. Section 3412.2 insert: May 9, 1988.


(2) International Residential Code for One- and Two-Family Dwellings, 2012 edition: The following section(s) are hereby amended:

A. Section R101.1 insert: Canyon County.

B. Section R105 Permits: "R105.2 Work Exempt From Permit" will add to list under Building:

* 11. Cabinet work or shelving.

* 12. Gutters and down spouts.

C. Section R105 Permits: "R105.3 Application For Permit" will be amended to read as follows:

To obtain a permit, the applicant shall first file and complete a zoning compliance permit as required by Canyon County code of ordinances, section 07-12-01(1), as amended.

D. Section R108 Fees: "108.2 Schedule Of Permit Fees" shall be amended to provide that building permit, zoning compliance/permit, inspection, plan review, certificate of occupancy and appeal fees shall be approved and adopted by resolution of the board of county commissioners.

E. Section R112 Board Of Appeals: The addition of a new section R112.3.1 Appeal Board Membership: The board of county commissioners will appoint a three (3) person board of appeals, to stand as needed, with membership to be selected from but not limited to the following list of professionals in the various fields of expertise in the building industry:

* The city of Caldwell, Idaho building official or their designee;

* The city of Nampa, Idaho building official or their designee;

* The Caldwell, Idaho rural fire district fire chief or their designee;

* The Nampa, Idaho rural fire district fire chief or their designee;

* The Middleton, Idaho rural fire district chief or their designee;

* The president of the Snake River Valley Building Contractors Association or their designee;

* A licensed Idaho architect;

* A licensed Idaho structural engineer.

F. Section R113 "R113.4 Violation Penalties" shall be amended to reference section 06-01-17 of the Canyon County code of ordinances.

G. Climatic And Geographic Design Criteria: Section R301.2, "Climatic And Geographic Design Criteria", table R301.2(1) shall be changed to read as follows:


TABLE R301.2(1)1,2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

Ground Snow Load   Wind Design   Seismic Design Categoryf   Subject To Damage From   Winter Design Tempe   Ice Barrier Underlayment Requiredh   Flood
Hazardsg  
Air Freezing Indexi   Mean Annual Tempj  
Speedd
(mph)  
Topographic EffectsK   Weatheringa   Frost
Line Depthb  
Termitec  
25 psf   90   No   B   Severe   24"   Slight to
moderate  
10°F   NoYes   CCFHAR
9/19/87  
980   51°F  

1. For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile per hour = 1.609 km/h.
2. Language explaining the letters a. through k., inclusively, found in the above table, is included with the table in the international residential code and is incorporated by reference as if fully rewritten herein.

H. Section "R319.1 Site Address" shall be amended to read as:

*1. Named private lanes shall be on a sign of a design approved by the board of county commissioners and installed at the entrance at a publicly maintained road on a breakaway type pole.

*2. Approved address numbers a minimum of six (6) inches in height and in a contrasting color shall be placed on all new buildings in such a position as to be clearly visible and legible from the street or road fronting the property.

*3. When a building is set back from the public way on a private lane and/or the address is not visible from the street or road fronting the property, in addition to the building address number required by this section, there must also be placed on a post adjacent to the private lane an address number that shall be a minimum of four (4) inches in height and in a contrasting color to the post.

*4. During any construction properties will be posted in such a position as to be clearly visible and legible from the street or road fronting the property.


(3) International Energy Conservation Code, 2015 edition: The following section(s) are hereby amended:

A. Section C101.1 insert: Canyon County.

B. Section R101.1 insert: Canyon County.


(4) International Mechanical Code, 2012 edition: The following section(s) are hereby amended:

A. Section 101.1 insert: Canyon County.

B. Section 106 Permits: "106.5.2 Fee Schedule" shall be amended to provide that building permit, zoning compliance/permit, inspection, plan review; and building permit related fees shall be approved and adopted by resolution of the board of county commissioners.

C. Section 108 Violations: "108.4 Violation Penalties" shall be amended to reference section 06-01-17 of the Canyon County code of ordinances.

D. Section 109 Means Of Appeal: "109.2 Membership Of Board" shall be amended to read as:

The board of county commissioners will appoint a three (3) person board of appeals to stand as needed.

E. Section 109.2.2 Alternate Members; section 109.2.3 Chairman; section 109.2.4 Disqualification Of Members; section 109.2.5 Secretary; section 109.2.6 Compensation Of Members; are deleted.

F. Section 903 Factory Built Fireplaces: The addition of a new section 903.4 "Provisions For Mitigating Indoor Air Pollutants Emitted By Unvented Gas Fireplaces".

Unvented gas fireplaces shall not be permitted without the installation of a supplemental whole-house ventilation strategy, which will serve to provide a non-passive outside air source to the living space during the time of fireplace operation. Such a strategy may be provided through the installation of an approved air-to-air heat exchanger, or an engineered ventilation system designed to mitigate those combustion byproducts emitted by the unvented gas burning appliance.


(5) International Fuel Gas Code, 2012 edition: The following section(s) are hereby amended:

A. Section 101.1 insert: Canyon County.

B. Section 106 Permits: "106.5.2 Fee Schedule" shall be amended to provide that building permit, zoning compliance/permit, inspection, plan review; appeal and building permit related fees shall be approved and adopted by resolution of the board of county commissioners.

C. Section 108 Violations: "108.4 Violation Penalties" shall be amended to reference section 06-01-17 of the Canyon County code of ordinances.

D. Section 109 Means Of Appeal: "109.2 Membership Of Board" shall be amended to read as: The board of county commissioners will appoint a three (3) person board of appeals to stand as needed.

E. Section 109.2.2 Alternate Members; section 109.2.3 Chairman; section 109.2.4 Disqualification Of Members; section 109.2.5 Secretary; section 109.2.6 Compensation Of Members; are deleted.


(6) International Existing Building Code, 2015 edition: The following section(s) are hereby amended:

A. Section 101.1 insert: Canyon County.
(Ord. 18-001, 1-2-2018)

06-01-15: ENFORCEMENT:


(1) Enforcement Official: It shall be the duty of the building official and his designated agent(s) to enforce the provisions of this article in all places within unincorporated County.


(2) Uniform Citation: Enforcement may be by a uniform citation issued pursuant to rule 5 of the Idaho Misdemeanor Criminal Rules and by an enforcement officer defined by Rule 2(g) of the Idaho Misdemeanor Criminal Rules by referral from the Board of County Commissioners to the County Prosecuting Attorney for the prosecution of civil and/or criminal enforcement proceedings in the appropriate court. (Ord. 15-004, 3-13-2015)

06-01-17: PENALTY:

It shall be a misdemeanor for any person to fail to comply with any of the provisions of this article which shall be punishable as provided for in Idaho Code 18-113, as amended, in the Magistrate Division of the District Court of the 3rd Judicial District of the State of Idaho, in and for the County of Canyon. Each day an offense continues shall be considered a separately punishable offense. All court proceedings shall be processed and adjudicated in accordance with the Idaho Misdemeanor Criminal Rules. (Ord. 15-004, 3-13-2015)
06-01-19: SEVERABILITY:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 15-004, 3-13-2015)





CHAPTER 3
HISTORIC PRESERVATION

06-03-01: PURPOSE:

This authority and "Historic Preservation Ordinance" are adopted pursuant to the authority granted by title 67, chapter 46 of the Idaho Code, as amended or subsequently modified. The purpose of this article is to promote the educational, economic and general welfare of the public of Canyon County through the identification, evaluation, designation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the county's, the state's, and the nation's historic, architectural, archaeological and cultural heritage. (Ord. 91-001, 1-3-91)
06-03-03: DEFINITIONS:

The following words and phrases when used in this article shall have, unless the context clearly indicates otherwise, the following meanings:

COMMISSION: The historic preservation commission of the County of Canyon.

COUNTY: County of Canyon, Idaho.

HISTORIC PRESERVATION: The research, documentation, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this state, its communities or the nation.

HISTORIC PROPERTY: Any building, structure, area or site that is significant in the history, architecture, archaeology or culture of this state, its communities or the nation.
06-03-05: HISTORIC PRESERVATION COMMISSION:


(1) Creation; Membership: There is hereby created a historic preservation commission which shall consist of not less than five (5) nor more than ten (10) members which shall be appointed by the board of county commissioners.


(2) Qualification Of Commission Members: All members of the commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The board of county commissioners shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law or other historic preservation related disciplines.


(3) Terms Of Office; Vacancies: Initial appointments to the commission shall be made as follows: One (1) one-year term, two (2) two-year terms; two (2) three-year terms. All subsequent appointments shall be made for three-year terms. Commission members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments, and the appointee shall serve for the remainder of the unexpired term.


(4) Reimbursement For Expenses: The members of the commission may be reimbursed by the county for expenses incurred in connection with their duties.


(5) Organization, Officers, Rules, Meetings:

A. The commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this article. Rules of procedures and bylaws adopted by the commission shall be available for public inspection.

B. The commission shall elect officers from among the commission members. The chairman shall preside at meetings of the commission. The vice chairman shall, in the absence of the chairman, perform the duties of the chairman.

C. All meetings of the commission shall be open to the public, and follow the requirements of Idaho's open meetings laws1. The commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions.

D. The commission may recommend to the board of county commissioners within the limits of its funding, the employment of or the contracting with other parities for the services of technical experts or other persons as it deems necessary to carry on the functions of the commission.


(6) Powers, Duties And Responsibilities: The commission shall be advisory to the board of commissioners, the department of parks and recreation, and other Canyon County departments, boards and commission, requesting their input. The commission shall be authorized to:

A. Conduct a survey of local historic properties.

B. Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest or donation.

C. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the county.

D. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights or public access and other covenants and in a manner that will preserve the property.

E. Contract, with the approval of the board of county commissioners, with the state or federal government, or any agency of either, or with any other organization.

F. Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.

G. Make recommendation in the planning processes undertaken by the county, the state, or the federal government and the agencies of these entities.

H. Recommend ordinances and otherwise provide information for the purpose of historic preservation in the county.

I. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the county.

J. Commission members, employees, or agents of the commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent of the owner or occupant thereof.

K. Review nominations of properties to the national register of historic places for properties within the county's jurisdiction. (Ord. 91-001, 1-3-1991; amd. Ord. 91-002, 4-5-1991)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: IC § 74-201 et seq.





CHAPTER 5
ADDRESSING

06-05-01: TITLE:

These regulations shall be known and cited as the CANYON COUNTY ADDRESSING ORDINANCE. (Ord. 11-008, 5-23-2011)
06-05-03: DEFINITIONS:

As used in this article, the following terms mean:

DIRECTOR: The Canyon County development services director or his/her designee.

DISTRICT: Canyon County highway district numbers 1, 2, 3 and 4.

DRIVEWAY: A means of providing vehicular access from either a street or private roadway to a residential dwelling.

OFFICIAL STREET NAME LIST: The list containing the official street names within the unincorporated area of Canyon County composed of all street names approved and maintained by the county. The list should also contain the official street names for incorporated areas within Canyon County.

PRIVATE ROAD: A privately owned and maintained access road providing vehicular and pedestrian access to more than two (2) permanent residences.

STREET/ROAD: A right of way providing vehicular and pedestrian access to adjacent properties and includes the terms street, drive, court, circle, private street, road, avenue, boulevard, lane, place or any other such terms.

STREET/ROAD DESIGNATION: One of the following labels attached to the name of a street: avenue, boulevard, court, drive, lane, place, road, street or way. (Ord. 11-008, 5-23-2011)
06-05-05: GENERAL PROVISIONS:


(1) Authority: This article is authorized by Idaho Code sections 31-714 and 31-828 and article 12, section 2 of the Idaho constitution.


(2) Purpose: The purpose of this article is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of the county and the inhabitants thereof and to provide for:

A. The coordination of street names and a numbering grid system;

B. Coordination of addresses for the quick efficient delivery of emergency services;

C. The administration and enforcement of this article by defining the powers and duties of the director.


(3) Fee(s): A fee is required to process a request for change of a public or private road name, an appeal of any decision by the director for a variance. Such fee(s) are established by board resolution.


(4) Prohibited: It shall be unlawful for any person to:

A. Erect or install a street name sign that has not been approved according to this Code;

B. Remove, alter, change or deface a street name sign erected or installed as provided herein;

C. Place, post or assign addresses not approved or assigned by the Director;

D. Refuse to post addresses that have been approved or assigned. (Ord. 11-008, 5-23-2011)

06-05-07: APPLICABILITY:

This article shall apply to all lands within the unincorporated area of Canyon County subject to the following exceptions:


(1) The unincorporated area addressed by the City of Nampa described as follows:

A. All land that lies within the current City of Nampa impact area as approved by the Board. (Ord. 17-014, 9-8-2017)

06-05-09: DIRECTOR:


(1) Appointment: The Board appoints the Director of Canyon County Development Services to carry out the provisions as herein specified.


(2) Duties:

A. The Director shall compile and maintain an official street name list.

B. All street names shall be approved by the Director within the unincorporated area of the County designated for addressing by the County.

C. All address numbers shall be assigned by the Director within the unincorporated area designated for County addressing. (Ord. 11-008, 5-23-2011)

06-05-11: REQUIRED APPROVALS:

Approval shall be obtained from the Director, according to provisions and requirements of this chapter for:


(1) The right to use a street or private road name, its accompanying street designation and right to install a sign for a street.


(2) An address number for a residence, business, industry, structure or property including site addresses.


(3) Proposed street and private road names for:

A. New subdivisions.

B. Proposed new private roads.

C. New streets or realignment of old streets by districts or ITD. (Ord. 11-008, 5-23-2011)

06-05-13: STREET NAMES:

The naming or renaming of streets or private roads in the County shall be subject to the following standards:


(1) There shall be no duplication of street names by sound or spelling within Canyon County including within the incorporated areas.


(2) Differentiation of street names shall not be by the addition of a street designation such as road, street, avenue, lane, etc.

A. No street designations shall be used other than the one that is approved by the County.


(3) Where the proposed street is on the alignment and continuation of the existing street, or where the street is on the same alignment but not linked to an existing street, the name of the existing street shall be applied; provided, there are not natural barriers such as lake, river, interstate, highway, etc., in which case the name may be changed. This standard shall apply to public and private roads.

A. A proposed street or private road shall be considered in general alignment with an existing street or private road, if the centerline of the proposed street or private road is no farther than one hundred feet (100') from centerline of an existing street or private road.

B. Where a proposed street or private road connects or aligns with two (2) differently named streets, the director shall decide the name to be used, giving consideration to the length, road classifications, and number of residents affected.

C. A proposed street or private road which aligns with an existing street or private road should carry the correct street designation even though the existing street designation may be incorrect.


(4) If a street makes a very obvious change in direction, a new street name may be assigned.


(5) Both portions of an "L" shaped street shall carry the same name if either leg is one hundred feet (100') or less in length; all others shall carry two (2) names.


(6) A cul-de-sac that has an overall length of more than one hundred feet (100') (as measured from the centerline of the principal street to the point of radius) shall carry a new name, and must be named in accordance with the provisions herein.

A. A cul-de-sac that has an overall length of one hundred feet (100') or less shall carry the same name and the same designation as the street from which it emerges.


(7) Street names for a proposed subdivision shall be shown on the preliminary plat and approved prior to the filing of the final plat in accordance with the provisions of this article and:

A. No plats shall be approved until all provisions of this article have been complied with;

B. Applicants shall erect street name signs at their own expense, in accordance with the county standards.


(8) All new road/street designations shall adhere to the following:

A. Avenue: A north-south street generally running in a straight line.

B. Boulevard: A major roadway that may meander or run in any direction. The use of these terms must be approved by the director.

C. Circle or loop: Short streets which return to themselves or begin and end in the same street.

D. Court: An east-west cul-de-sac.

E. Lane: A private road.

F. Place: A north-south cul-de-sac.

G. Drive: A street generally meandering in an east-west direction.

H. Road: A designated street which extends through urban and rural areas.

I. Street: May run generally in an east-west direction.

J. Way: A street generally meandering in a north-south direction.


(9) No streets and/or private roads should begin with the prefix north, south, east or west and shall not be used as a differentiation between new street names.


(10) In determining street names along Base Line Road: When a north-south running street exists along Base Line Road, that portion of roadway south of Base Line Road shall carry the suffix "South" after its proper designation when there is a continuation of that roadway north of Base Line Road. This may include renaming existing roadways that do not meet this standard.


(11) Changing an existing street or private road name requires a public hearing by the board and an affirmative action by the board before any name change shall take effect. All property owners having frontage on the affected street or private road shall be notified by mail of the public hearing at least thirty (30) days before the hearing.


(12) Where there is an existing unnamed street providing access to more than two (2) permanent residences and it is determined by the director that such creates erroneous, ambiguous and/or confusing circumstances or when additional residences are added to such a street the director may assign a new road name and addresses. This provision shall apply to public and private roadways.


(13) Words that are difficult to spell or pronounce are generally prohibited. The director may reject a street name if the street name is found to be vulgar, rude or offensive. Private road names cannot be first, last names, or initials. If the parties who have the legal right to utilize the road cannot agree on a name, development services department will take suggestions from all parties and make the final decision and approval. (Ord. 11-008, 5-23-2011)

06-05-15: STREET SIGNS:


(1) All street signs including signs for renamed streets shall be located and designed in accordance to county standards and conform to the "Manual On Uniform Traffic Control Devices" (MUTCD).

A. Private road signs shall also conform to highway district standards and the MUTCD in location and design including that private road signs shall have a reflective blue background.


(2) It shall be the responsibility of the applicant, developer or entities using the street to install the required signs in each of the required locations.

A. Private road signs are to be maintained in good condition by the property owners, homeowners' associations or entities who utilize the private road.

B. Public street signs will be maintained at the expense of Canyon County highway district numbers 1, 2, 3 and 4. (Ord. 11-008, 5-23-2011)

06-05-17: ADDRESSES:


(1) Addresses will consist of a street number and road name. All street numbers shall conform to the county grid system. The general standards used in the street address grid system are as follows:

A. There shall be one thousand (1,000) numbers per mile;

B. North and south numbers shall begin with zero at the Base Line Road near Melba;

C. West numbers begin at the Boise meridian in Ada County and number west from that meridian. The first mile in Canyon County, McDermott Road, will be the four thousand (4,000) mile.


(2) The owner and/or occupants of every dwelling and business shall place or install or allow to be placed or installed in a position visible from the street, address numbers as hereinafter directed. The general requirements for addressing are as follows:

A. Only one number shall be assigned to each business use or dwelling unit;

B. All addresses shall be assigned based on the location of the structure in relation to the street it fronts;

C. All addresses located on the north and east sides of the streets shall be even numbers; all addresses located on the south and west sides of the streets shall be odd numbers. These requirements may be varied in the case of winding streets or circles. When a street has been determined to be running in predominately one direction, the numbering may continue as determined by the director.


(3) Corner properties shall be addressed off of the street which the primary structure fronts.


(4) Apartments, campuses, strip malls, and other such developments may only have one address number assigned depending on the design and layout of the development; with additional building or suite numbers assigned within the development.


(5) Manufactured housing or mobile homes shall be assigned individual street addresses according to the requirements herein, whether they are located on individual lots or in developed parks.


(6) An existing street address may be renumbered by the director when it is confusing or hinders emergency personnel in locating the given address. Address numbers, including renumbered addresses, shall be maintained at the expense of the owner(s). (Ord. 11-008, 5-23-2011)

06-05-19: DISPLAY OF ROAD ADDRESS NUMBERS:


(1) Approved residential address numbers a minimum of six inches (6") in height and in a contrasting color shall be placed on all new buildings in such a position as to be clearly visible and legible from the street or road fronting the property.


(2) Commercial, industrial, and public building addresses must be approved by the county. Approved address numbers for commercial, industrial and public buildings shall be a minimum of ten inches (10") in height and shall be placed on all buildings in such a position as to be clearly visible and legible from the street or road fronting the property and the placement of address numbers shall be approved by the local fire department.


(3) When a building is set back from the public way on a private lane and/or the address is not visible from the street or road fronting the property, in addition to the building address number required by this section, there must also be placed on a post adjacent to the private lane an address number that shall be a minimum of four inches (4") in height and shall be reflective.


(4) During any construction properties will be posted in such a position as to be clearly visible and legible from the street or road fronting the property. (Ord. 11-008, 5-23-2011)

06-05-21: PENALTIES AND ENFORCEMENT:


(1) Violation; Notification: When the director finds a violation of this article, the owner of the property shall be notified of the violation in writing, via first class mail. Notification shall indicate the parcel and the nature of the violation. The owner or applicant shall remedy the violation.


(2) Penalties: Any person who shall violate or fail to comply with the provisions of this article shall be guilty of a misdemeanor for each day it is in violation and shall be punished as provided in Idaho Code section 18-113. (Ord. 11-008, 5-23-2011)

06-05-23: VARIANCES AND APPEALS:


(1) Appeals: Any person(s), firm, or corporation may appeal a decision of the director. Such an appeal must be filed within fifteen (15) calendar days of the director's decision being appealed.

A. A notice of appeal shall be submitted to development services in writing together with the filing fee.

B. The applicant must state the reasons why the director's decision should be overturned and the burden of proof is on the applicant to show that approval will not cause an adverse effect to the health, safety and welfare of the community. In granting an appeal the board may impose any necessary conditions.

C. Appeals shall be submitted and processed in accordance with the procedures outlined in chapter 7, article 5 of this code.


(2) Variances: The standards and requirements of these regulations may be modified or varied by the board if public interest is still served and when the enforcement of the rules will result in extraordinary hardship for those affected.

A. An applicant for such a variance must state the extraordinary hardship caused by the regulations and prove said approval will not cause an adverse effect to the public health, safety and welfare of the community. In granting any variance or modification, the board may impose any conditions necessary, in order to secure substantial compliance with the general principles of this chapter.

B. Variance application shall be submitted and processed in accordance with the procedures outlined in chapter 7, article 8 of this code. (Ord. 11-008, 5-23-2011)






CHAPTER 7
FLOOD HAZARD AREAS1


(Rep. by Ord. 05-002, 1-19-2005)







CHAPTER 9
UTILITY SERVICES

06-09-01: DEFINITIONS:

BOARD OF COUNTY COMMISSIONERS: The board of county commissioners of Canyon County, Idaho.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING PERMIT: A building permit that is issued and authenticated by the signature of the planning and zoning administrator.

MOBILE HOME: Any unit used for living, sleeping or business purposes that is fabricated off-site, mounted on wheels and axles or which otherwise is capable of being moved from one place to another without the use of regular house-moving equipment.

PLANNING AND ZONING ADMINISTRATOR: The officer or other designated authority charged by the board of county commissioners with the administration and enforcement of all of Canyon County land use ordinances or his duly authorized representative.

SERVICE: Providing, attaching or hooking up to any building, mobile home or other structure, any line or pipe, which line or pipe is intended to provide any of the following services: telephone, gas, electricity, water or sewage disposal.

SITE: A plot of ground set aside for the use of placing a building, mobile home or structure upon that plot of ground.

STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

UTILITY: Any public or private corporation or company which supplies the public or a group of individuals with the following commodities, services or both: telephone, gas, electricity, water or sewage disposal. (Ord. 79-006, 6-26-79)
06-09-03: BUILDING PERMIT:


(1) Required: It shall be unlawful for a utility to provide any service to any building, building site, mobile home, mobile home site, structure or structure site outside of the limits of any incorporated city in Canyon County until such utility has been furnished with a copy of a duly issued building permit for that building, building site, mobile home, mobile home site, structure or structure site.


(2) Issuance Of Copies: When a building permit is duly issued pursuant to the Canyon County zoning regulations1 or the Canyon County building regulations2, the issuer shall furnish to the successful applicant copies in an amount sufficient for the applicant to furnish all utilities with a copy. (Ord. 79-006, 6-26-79)

06-09-05: PENALTY:

Each violation of this article shall be a misdemeanor and shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 79-006, 6-26-79)


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See Chapter 7 of this Code.
Footnote 2: See Article 1 of this Chapter.





CHAPTER 11
FALLOUT PROTECTION FACILITIES

06-11-01: PURPOSE:

It shall be the declared policy of the board of county commissioners of the County of Canyon that fallout shelter be incorporated in all public buildings of the County of Canyon to the fullest extent practicable, in order to provide protection against radiation for the greatest number of people in the event of nuclear attack. (Ord. 70-001, 12-29-69, eff. 12-29-69)
06-11-05: EXEMPTIONS:

The board of county commissioners may exempt any officer, board, department commission, or commissions from the requirements of section 06-11-03 above and may exempt any building, structure or additions thereto from said requirements by means of a letter signed by the chairman of the board of county commissioners, wherein they find that such incorporation of fallout shelter will create an additional net cost in the construction of such structure in excess of one percent (1%) of the estimated cost thereof without a shelter so incorporated, or that other factors as they may determine in their discretion make unnecessary or impracticable a fallout shelter in such building or structures. (Ord. 70-001, 12-29-69, eff. 12-29-69)





Chapter 7 - ZONING REGULATIONS

CHAPTER 1
GENERAL REGULATIONS

07-01-01: TITLE:

This chapter shall be known as the CANYON COUNTY ZONING ORDINANCE. (Ord. 10-006, 8-16-2010)
07-01-03: AUTHORITY:

This zoning ordinance is adopted pursuant to Idaho Code title 67, chapter 65 and title 50, chapter 13; and sections 31-801 and 31-828; and article 12, section 2 of the Idaho constitution. (Ord. 10-006, 8-16-2010)
07-01-05: APPLICABILITY:

This chapter applies to the development and use of all land within the unincorporated area of Canyon County, Idaho.


(1) No person shall construct, alter, move, or change the use of a structure or commence any development or use, unless otherwise preempted by federal, state, or local law, unless:

A. The proposed use, structure, or division of property complies with this chapter.

B. Any approval required by this chapter is first obtained and any applicable conditions of approval are met.


(2) Nothing in this chapter shall eliminate the need for obtaining any other required permits, including, but not limited to, permits required by the Canyon County building code or any permit, approval, or entitlement required by other ordinances contained in this code, other political subdivisions of the state of Idaho, the state of Idaho, or the federal government.


(3) The prosecution of violations that occurred under previous land use/subdivision flood hazard areas regulations, and that remain a violation under this chapter, shall continue until resolved. This includes any pending enforcement action whether it be administrative, civil or criminal.


(4) All applications shall be processed according to the regulations and requirements in effect on the date the director accepted the application. (Ord. 10-006, 8-16-2010)

07-01-07: AMENDING EFFECT:

The enactment of this chapter amends Canyon County zoning ordinance 12-006, subsections 07-10-21(1)A4(C), (1)A5, (1)B3(C) and (1)B4 of this chapter. (Ord. 12-008, 4-19-2012)
07-01-09: INTERPRETATION:


(1) Language:

A. Terminology: When used in this chapter, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word "shall" is mandatory, and the word "may" is permissive. The masculine includes the feminine. All words shall be given their plain and ordinary meaning, unless the natural construction of the sentence dictates otherwise.

B. Number Of Days: Computation of time shall be as provided by Idaho rule of civil procedure 6(a).

C. Minimum Requirements: When interpreting and applying the regulations of this chapter, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempted elsewhere in this chapter.

D. Section Headings: Section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter.

E. References: All references to state or federal laws, rules and/or regulations, or county laws and/or regulations and/or maps shall refer to such laws and/or regulations as they may be amended over time.


(2) Measurements:

A. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest point of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet).

B. Structure height shall be measured as the vertical distance from the average contact ground level at the front wall of a building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the average height of the highest gable of a pitch or hip roof. (Ord. 15-009, 4-23-2015)


(3) Zoning District Boundaries: The following rules shall be used to resolve uncertainties:

A. Where a zoning district boundary approximately follows a property line, such property line shall be construed as the zoning district boundary except when the property line is changed subsequent to zoning approval.

B. Where a zoning district boundary approximately follows a road or railroad line, such road, railroad line, or the extension of such line, shall be construed as the district boundary. Where a road is officially vacated and that road has not been given a zoning designation, the land that was formerly in the vacated road shall have the same designation as the abutting property on either side of the centerline of the vacated road.

C. Where a zoning district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse, the centerline shall be construed as moving with the actual watercourse.


(4) Conflicting Regulations: If conflicts occur between different regulations of this chapter, or between this chapter and other regulations of this code, the most restrictive provision shall apply.

A. In case of conflict between the zoning ordinance text and the official zoning district-boundary maps of this chapter, the maps shall prevail.

B. Where this chapter imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this chapter shall also govern. (Ord. 10-006, 8-16-2010)

07-01-11: COMBINING APPLICATIONS:

Pursuant to Idaho Code section 67-6522, the board or commission may combine related applications for the convenience of applicants. If combined applications are authorized, DSD shall establish forms and procedures to combine related applications for the convenience of applicants. Fees for combined permits shall be established through a board resolution as provided in article 4 of this chapter. (Ord. 10-006, 8-16-2010)
07-01-13: BUSINESS LICENSES:

Notwithstanding an applicant's fulfillment of all requirements established in this chapter, all existing and future businesses, located within the unincorporated areas of Canyon County, including home occupations, shall obtain and maintain all business licenses required by any federal, state or local laws. (Ord. 10-006, 8-16-2010)
07-01-15: NEIGHBORHOOD MEETINGS:


(1) Applicants shall conduct a neighborhood meeting for any proposed variance, conditional use, zoning ordinance map amendment, expansion, or extension of nonconforming uses requiring a public hearing.


(2) It shall be the sole duty of the applicant to provide written notice to all property owners or purchasers of record owning property within six hundred feet (600') of the exterior boundary of the property subject to the application. Notice of a neighborhood meeting shall be in addition to, and not combined with, notices already required by this chapter, and shall include the date, time, location and purpose of the meeting.


(3) The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any.

A. The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend.

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

1. On the property subject to the application;

2. At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or

3. At a location with suitable meeting facilities if such facilities are within a one mile radius of the nearest public meeting place.


(4) The neighborhood meeting shall be conducted prior to acceptance of the application. The neighborhood meeting shall not be conducted earlier than six (6) months prior to the acceptance of the application, and shall be held no sooner than ten (10) calendar days from the mailing of the notice of the neighborhood meeting.


(5) Each application for a public hearing shall include a form acceptable to the director, which requires the applicant to provide the starting and ending times of the neighborhood meeting and an attendance list, with names and addresses of those who attended the neighborhood meeting. (Ord. 10-006, 8-16-2010)

07-01-17: PURPOSE AND AUTHORITY OF CHAPTER:


(1) Purpose: The purpose of this chapter is to establish specific zones within Canyon County and define the allowed, permitted and similar/accessory uses within each of the established zones.


(2) Authority: This chapter is also authorized by article 12, section 2 of the Idaho constitution; Idaho Code title 50, chapter 13 and title 67, chapter 65 and sections 31-801 and 31-828. (Ord. 10-006, 8-16-2010)

07-01-19: PROVISIONS FOR OFFICIAL ZONING MAPS:


(1) The boundaries of zones shall be established and clearly indicated upon the zoning map or maps adopted as part of this chapter.


(2) All amendments of the official zoning map or maps shall follow the procedures set forth in article 6 of this chapter.


(3) Areas are to be classified according to the established zoning requirements and such zoning shall give due consideration to the adopted comprehensive plan and its stated goals and objectives. (Ord. 10-006, 8-16-2010)

07-01-21: DISINCORPORATION:

Where property becomes a part of the unincorporated area of Canyon County by the disincorporation of any city, or portion thereof, such property shall be zoned by the board following the notice and hearing regulations of article 5 of this chapter. (Ord. 10-006, 8-16-2010)
07-01-23: ERRORS IN LEGAL DESCRIPTIONS:

Where a property has been zoned incorrectly due to an error in a legal description, the following shall apply:


(1) If the error is directly caused by the county, the error shall be corrected and duly processed by the county as soon as the error is discovered.


(2) If the error is caused by the applicant and/or landowner, the applicant and/or landowner shall apply for a zoning ordinance map amendment. (Ord. 10-006, 8-16-2010)

07-01-25: REFERENCES:

References in this chapter to other ordinances of Canyon County and statutes of the state of Idaho are provided solely for the coordination of this chapter with such other ordinances and statutes. (Ord. 10-006, 8-16-2010)





CHAPTER 2
DEFINITIONS

07-02-01: PURPOSE:

For the purpose of this chapter, certain terms are defined as set forth below. (Ord. 10-006, 8-16-2010)
07-02-03: DEFINITIONS ENUMERATED:

ABANDON/ABANDONMENT: An intent to leave, quit, renounce, resign, surrender, relinquish, vacate or discard.

ACCESS: Ingress/egress to a parcel or lot.

ACCESSORY STRUCTURE (BUILDING): A structure which is subordinate, and incidental, to the principal structure or use pertinent to the same parcel.

ACCESSORY USE: A use not separately listed in the regulations pertaining to the zone, which is incidental and subordinate to the principal use of the property or premises.

ADMINISTRATIVE RECORD: All documents and records timely filed with DSD; for example: applications, exhibits, petitions, requests, and other matters in support or opposition; all documents or records admitted into evidence or administratively noticed, and all orders or decisions issued by the commission, hearing examiner, Board or Administrative Hearing Officer; all official recordings or written transcripts of hearings conducted. The administrative record does not include any privileged or legally protected communications.

AFFECTED PERSON: One having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.

AGRICULTURALLY RELATED ACTIVITIES: Uses that include incidental farm equipment sales and service, incidental farm supply sales, roadside stands, sod and/or turf farms, U-pick fruit or vegetables, corn mazes, and similar uses that do not involve processing (except those incidental operations necessary to prepare for market or to convert into marketable form).

AGRICULTURE: Tilling of soil, pasturage, sod/turf farms, horticulture, aquaculture, viticulture, floriculture, raising crops directly from the soil, raising livestock, poultry, poultry products, dairy animals and dairy products, beekeeping or beekeeping products, fur animals, trees grown in row crop fashion, fruits of all kinds and their products, floral and ornamental and greenhouse products, including all uses and facilities customarily accessory and incidental thereto, including, but not limited to, the storage and warehousing of fertilizers or agricultural produce or raw products.

AIRPORT: Any area of land or water where aircraft can take off and land, including, but not limited to, the necessary appurtenant structures or facilities located thereon. For example, control tower, hangars, passenger terminals, and accommodations for cargo.

AIRSTRIP: An area serving as a takeoff or landing strip for any type of craft, vessel, or apparatus used for aviation, flight, flying, aerial navigation, aeronautics, air transportation, ballooning, skydiving, soaring, or gliding.

ALIQUOT: The length of one side of a quarter-quarter section (1/16). The one-sixteenth (1/16) section contains forty (40) acres, more or less.

ALLOWED USE: Any use set forth as a use not requiring a conditional use permit.

ANIMAL/BIRD UNIT: The following numbers of animals are a unit of measurement to determine the number of animals allowed per acre of land devoted to the animals' care: two (2) cows, two (2) horses, ten (10) sheep, five (5) swine, ten (10) goats, six (6) llamas, twelve (12) alpacas, seventy five (75) chickens, seventy five (75) game birds, fifteen (15) turkeys, fifteen (15) geese, fifteen (15) peacocks/guinea hens, four (4) ostrich, eight (8) emu, and twelve (12) rhea.

For animals not listed individually, the Director shall use the most similar animal in regards to size and amount of waste produced to determine the animal unit ratio.

In determining the number of animals permitted, only the parent animal will be counted until a horse is six (6) months in age, and cattle shall be considered calves from birthweight to approximately four hundred (400) pounds. Sheep (lambs) and goats (kids) when greater than three (3) months of age and swine fifty five (55) pounds or greater will be counted when determining animal units.

In determining the number of domestic birds permitted, only birds one month or older in age shall be counted.

In determining the number of animal units for calf raising or other operation where young animals are raised predominantly without the parent, each animal will be counted as one-half (1/2) its animal unit equation specified herein, until the animal reaches the age/weight herein. Combinations of animals are allowed, provided that the ratio of animal units per acre is maintained.

ANIMAL CARE PROJECT: The keeping of animals in conjunction with 4-H, FFA, or a similar recognized organization that provides participants with direction and guidance in the raising of animals and an opportunity to exhibit the animals at the end of the project.

ANIMAL CREMATION SERVICE: A service dedicated to the disposition of dead animal remains by means of cremation that may also provide necessary goods and services for the memorialization of the animal if requested.

ANIMAL FACILITIES (LARGE): A facility that exceeds more than four (4) animal units per acre of land devoted to the animals' care. Large animal facilities include:

Bird Farm: A facility or confined area for the keeping of birds.

Calf Raising Operation: The raising of young animals, predominantly without the parent, in preparation to return them to a dairy or feedlot.

Dairy Farm: A facility for bovine, sheep, goats or other animals that are milked; the operation is licensed by the State of Idaho Department of Agriculture to sell milk.

Feedlot: A facility or confined area for cattle, horses, sheep, goats, and/or swine.

ANIMAL FACILITIES (SMALL): A facility of more than one up to four (4) animal units per acre of land devoted to the animals' care.

ANIMAL HOSPITAL: Any building or portion thereof designed or used for the medical care or treatment of cats, dogs or other animals.

APPEAL: A request for a review of a decision to a superior authority.

APPLICANT: Any person initiating a proposal for development of land.

APPLICATION: Shall include, but not be limited to, zoning amendments, conditional use permits, variances, preliminary development plans or plats, final development plans or plats, appeals, and certificates of zoning compliance.

APPROACH: Any portion of the public right-of-way that is used for ingress/egress from or to a public road.

AQUACULTURE: The cultivation of the natural produce of water such as plants or fish.

AREA OF CITY IMPACT: As defined by Idaho Code section 67-6526 and requires that cities and counties adopt a map identifying an Area of City Impact within the unincorporated area of the County. The Area of City Impact shall be defined considering the trade area of the city, geographic factors and areas that can be reasonably expected to be annexed to the city in the future. The enabling legislation provides three (3) options of planning and regulating development within the Area of City Impact including exclusive use of the city plan and ordinances, exclusive uses of the County plan and ordinances, or application of any mutually agreed upon plan and ordinances.

ARENA (COMMERCIAL): A facility, whether private or public, indoor or outdoor, the primary purpose of which is to exhibit animals or hold events such as rodeos, horse events or cattle auctions or exhibits, and for which a fee is charged to participants and an admission charge is paid by the public.

ASSISTED CARE FACILITY: A commercial operation where adults help the aged and/or infirm care for themselves; a building housing any facility, however named, whether operated for profit or not, the purpose of which is to provide skilled nursing care and related medical services for two (2) or more individuals suffering from illness, disease, injury, deformity or requiring care because of old age.

AUCTION ESTABLISHMENT: An established regular place of business involving the use of land, buildings or structures where a public sale is conducted to sell goods or property to the highest bidder, whether or not an auctioneer is employed.

BARRIER: Includes, but is not limited to, berms, fences, landscaping, trees, shrubs and hedges and the separation of land uses by a road, open space, watercourse or other boundary whether naturally occurring or built.

BATCH PLANT: A central proportioning and mixing plant for the production of an aggregate product such as asphalt or concrete.

BED AND BREAKFAST: A private home, or portion thereof, where rooms and meals are provided to guests for compensation and where each guest's stay is of limited and sporadic duration.

BIRD FARM: A facility for the keeping of birds, primarily held for commercial agricultural purposes, including, but not limited to, exotic species such as ostrich and emu.

BLOCK: A piece of land or group of lots within a platted subdivision.

BOARD: The Board of County Commissioners.

BREWERY: A facility where alcoholic malt beverages are produced.

BUFFER: See definition of barrier.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy as defined in Canyon County Building Code.

BURDEN OF PERSUASION: The requirement that the party seeking relief from the presiding party must provide evidence to that party showing that the party has met this chapter's requirements.

BUSINESS: The purchase, sale, exchange or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises or the maintenance and use of offices or professions and trades rendering service.

CAFO: See definition of confined animal feeding operation (CAFO).

CALF RAISING OPERATION: The raising of calves from birthweight to approximately four hundred (400) pounds in preparation to return them to a dairy, feedlot, or other facility for the purpose of raising replacement heifers or for fattening cattle in preparation for slaughter.

CANYON COUNTY DEVELOPMENT SERVICES DEPARTMENT: The office designated to administer this chapter; sometimes called the Development Services Department Office, but also known as DSD.

CARETAKER: A person properly designated to watch over property for security or maintenance.

CERTIFICATE OF ZONING COMPLIANCE: A document certifying that a proposed use, building or structure complies with this chapter.

CHURCH: An establishment by design and construction which is primarily intended for the conducting of organized religious services, meetings, and associated activities.

CLERK: The Clerk of the Board, or that official's designee.

CLINIC: A place where patients are studied and treated by a medical care provider or animal veterinarian.

CLUB OR LODGE: An auxiliary, fraternal, or veterans' organization as defined by Idaho Code section 23-902.

CLUSTER DEVELOPMENT: See definition of lot clustering.

COMMENCE: The date of commencement shall be the date in accordance with the following:

(1) Specific use(s): An approved zoning compliance is issued.

(2) Use(s) that require a facility/structure: The date when the first placement or permanent construction of a structure on a site begins, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the excavation as approved by an issued building permit and zoning compliance. Permanent construction does not include:

A. Land preparation such as clearing, grading and filling;

B. Erection of signs;

C. Excavation for a basement, footings, piers or foundation or the erection of temporary forms;

D. The installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

(3) Land divisions that require a subdivision plat: The acceptance by DSD of a complete application, together with the application fee, for a preliminary plat or a short plat.

(4) Land divisions that do not require a subdivision plat in accordance with this chapter: A recorded record of survey that reflects the approved land divisions and easements submitted to DSD.

COMMERCIAL RACETRACK: A facility, whether private or public, indoor or outdoor, the primary purpose of which is to hold race events run with animals, humans or human operated machines or equipment, and for which a fee is charged to participants and/or an admission charge is paid by the public.

COMMISSION: The Canyon County Planning and Zoning Commission.

COMPATIBILITY: Land uses are compatible if: a) they do not directly or indirectly interfere or conflict with or negatively impact one another and b) they do not exclude or diminish one another's use of public and private services. A compatibility determination requires a site specific analysis of potential interactions between uses and potential impacts of existing and proposed uses on one another. Ensuring compatibility may require mitigation from or conditions upon a proposed use to minimize interference and conflicts with existing uses.

COMPOST: The aerobically decomposed remnants of organic materials with plant and/or animal origins.

COMPREHENSIVE PLAN: The comprehensive plan for the County officially adopted by the County as such.

CONDITIONAL APPROVAL: An affirmative action by the Director, or the presiding party indicating that approval is given, subject to compliance with certain specified conditions.

CONDITIONAL REZONE: The rezoning of land with conditions imposed so that if the conditions are not complied with, the rezone may be withdrawn and the land reverts back to its former zoning classification.

CONDITIONAL USE: A use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to the limitations and conditions specified therein. See Idaho Code section 67-6512.

CONDOMINIUM: Housing in which the living units are owned individually and the common areas are jointly owned by all the unit owners.

CONFINED ANIMAL FEEDING OPERATION (CAFO): (1) Confined animal feeding operation, also referred to as "concentrated animal feeding operation", means a lot or facility where the following conditions are met:

A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in any twelve (12) month period;

B. Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility; and

C. A facility designed to confine or actually does confine the minimum animal numbers as contained in chapter 8 of this Code, confined animal feeding operations.

(2) Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

CONTRACTOR SHOP: May include, but not be limited to, a building where a contractor conducts his business, including offices and parking of equipment and employee parking.

CORN MAZE: An intricate network of passages in a cornfield.

COUNTY: Canyon County, Idaho.

COUNTY ENGINEER: The engineer or contract engineer of the County.

CREMATORIUM: As applied to funeral homes or mortuaries: a dedicated area within a licensed funeral home or mortuary building, or an accessory building of a licensed funeral home or mortuary, wherein human remains are cremated in a cremation retort.

DSD: The Canyon County Development Services Department.

DAIRY/DAIRY FARM: A use of land where one or more bovine, sheep, or goats are milked and the operation is licensed by the State of Idaho Department of Agriculture to sell milk for human consumption.

DAYCARE: Care and supervision of children not related by blood or marriage to the caregiver, for compensation during part of a twenty four (24) hour day in a place other than the home of the children being cared for. Daycare can be provided in the following facilities:

Daycare Center: A home, place, or facility for daycare of thirteen (13) or more children.

Family Daycare Home: A home, place, or facility for daycare of one to six (6) children.

Group Daycare Facility: A home, place, or facility providing daycare for seven (7) to twelve (12) children.

DEDICATED OR DEDICATION: Land that is devoted to a public use, by the acknowledgment and recording of a plat or deed, and the acceptance by action of a public body accepting and confirming the dedication.

DESIGNED PURPOSE: The use for which the improvements were originally intended, designed and approved pursuant to any applicable ordinances.

DEVELOPER: Any person or entity improving land for the purpose of subdivision, development, sale, or trade.

DEVELOPMENT AGREEMENT: A commitment reduced to writing as a means of evidence, and as a means of giving formal expression to some act or contract, by which an owner or developer makes a written commitment concerning the use or development of property. This "development agreement" is also known as a "written commitment".

DIRECTOR: The Director of DSD or his/her designee.

DISTILLERY: A place where alcoholic liquors are made.

DRIVEWAY: Vehicular access to one or two (2) inhabited buildings.

DWELLING: A building, or portion thereof, used for human habitation. A dwelling does not include a tent, recreational trailer, RV (self-propelled), motel, hotel, lodging or boarding house, club, sorority, or fraternity.

DWELLING UNIT: A dwelling designed for or used as a residence for not more than one family with a kitchen and a bathroom permanently installed.

EASEMENT: The right of a person, entity, government agency, or public utility company, by grant or other legal conveyance, to possess and use another's real property on a limited basis and for a specific purpose.

ENGINEER: Any person who is licensed in the State of Idaho to engage in the practice of professional engineering.

ENGINEERING PLANS: Plans, profiles, cross sections and other required details for the construction of improvements, prepared by an engineer in accordance with the final plat and in compliance with existing standards of design and construction.

ENVIRONMENTAL ASSESSMENT STATEMENT: A statement prepared by a qualified professional duly licensed by the State of Idaho in that area of expertise the professional is answering the questions noted in section 07-17-33 of this chapter. This is not a Federal impact statement.

ETHANOL PLANT: A facility where ethanol fuel is manufactured.

EXCEPTED PARCEL: Any parcel of land which is within the boundaries of a subdivision which is not part of the approved and recorded subdivision plat.

EXOTIC ANIMALS: Animals that are not native to the State of Idaho according to the Idaho Department of Fish and Game.

FCOs: Findings of fact, conclusions of law, and order or recommendation.

FAMILY: A person living alone or two (2) or more persons related by blood, adoption, or marriage.

FARM ANIMALS: Animals kept or raised for recreation or compensation. These animals may include, but shall not be limited to, equine, bovine, sheep, goat, swine, and fowl.

FEE: The fees as established by the fee schedule adopted by the Board.

FEEDLOT: A facility or confined area that is used for finishing or fattening animals where less than fifty percent (50%) of the feed for such fowl or animals is produced by the owner on his immediate owned or leased property. A feedlot may also be a confined animal feeding operation.

FENCE: A barrier built for either confinement of an area or to keep others out of a confined area. A fence may be either affixed to the ground or be placed thereon and may include, but not be limited to, rock, stone wall, retaining wall, shrubs, panels, netted wire, or barbed wire.

FENCE (SIGHT OBSCURING): The construction of a solid barrier that blocks the visibility through the fence, and is erected to screen areas from public streets and abutting properties.

(1) Allowed Materials: Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include chainlink with slats, wood, brick, masonry block, stone, vinyl, composite/recycled materials (hardy board) or other manufactured material or combination of materials commonly used for fencing.

(2) Prohibited Materials: Fences and walls shall not be made of or contain:

A. Scrap materials such as scrap lumber and scrap metal.

B. Materials not typically used or designated/manufactured for fencing such as metal roofing panels, corrugated or sheet metal, tarps or plywood.

FERTILIZER: Compounds given to plants to promote growth either through application to the soil or direct application to the plants. Fertilizers can be composed of organic (e.g., leaves or manure) or inorganic matter (such as urea or phosphates). They can be naturally occurring compounds (such as peat or mineral deposits) or manufactured through natural processes (such as composting) or chemical processes.

FINAL APPROVAL: Unconditional approval of the final plat as evidenced by appropriate certifications on the plat; such approval constitutes authorization to record a plat.

FINAL DECISION: The written decision at the conclusion of a case.

FIRE DISTRICT: A fire protection district exercising jurisdiction over property or premises as authorized by Idaho Code title 31, chapter 14.

FIREWORKS SALE: The sale of fireworks pursuant to Idaho Code title 39, chapter 26.

FLEA MARKET: A site used for ongoing sales that includes rented space for the public to show and sell selected items.

FOOD PROCESSING FACILITY: A facility where food, in its raw product form, is prepared for market.

FUNERAL HOME OR MORTUARY: An establishment where the activities necessary for the care and custody of the dead, including: refrigeration, embalming; cremation; other necessary care; viewings; wakes; funerals; and other rites and ceremonies consistent with the proper final disposition of the dead, are conducted.

GRADE PLANE: A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and lot line or, where the lot line is more than six feet (6') from the building, between the building and a point six feet (6') from the building.

GRAVEL PIT: An area that is being used for the purpose of removing the gravel from the land for commercial or private uses.

GROSS FLOOR AREA: The sum of the gross horizontal areas of the floors including the area under the exterior walls of a building or portion thereof.

GROUP HOME: A place or facility providing care and supervision for compensation for nine (9) or more persons during all or part of a twenty four (24) hour day. Examples may include, but not be limited to, halfway houses and homes for the disadvantaged.

HARD SURFACE: Any surface which is capable of providing an all-weather driving surface for reasonable emergency traffic, including Fire Department travel and may be, but is not limited to, gravel, concrete, asphalt, stone, or brick.

HAZARD: A probable source of danger.

HAZARDOUS WASTE: This is defined or determined by the United States Environmental Protection Agency.

HEARING EXAMINER: A person hired by Canyon County to act in the capacity of a hearing examiner as defined in Idaho Code section 67-6520.

HIGHWAY DISTRICT: A highway district exercising jurisdiction over property or premises as authorized by Idaho Code title 40, chapter 13.

HILLSIDE DEVELOPMENT: Any development or that portion of a development located in terrain having a maximum slope exceeding fifteen percent (15%), except where evidence is provided that no construction or development shall take place on slopes greater than fifteen percent (15%).

HOME BUSINESS: Any gainful business engaged in by a maximum of two (2) occupants of a dwelling unit and a maximum of three (3) adult employees. A home business may include, but not be limited to, professional services such as clerical, engineering, tax preparation, graphic design or web services; assembly of parts into salable items, teaching of music and other instruction or other like occupancies.

HOME OCCUPATION: Any gainful occupation engaged in by an occupant of a dwelling unit and may include, but not be limited to, handicrafts, dressmaking, office of a clergyman, teaching of music, dancing and other instruction, family daycare, and other like occupancies.

ILLUMINATED ADDRESS NUMBERS: The number portion of the physical address of a home or business having artificial illumination upon them so that they are visible at night from the access road.

IMMEDIATE FAMILY MEMBER: Includes natural, adopted and step father, mother, son, daughter, brother, sister, granddaughter, grandson, grandfather, and grandmother.

IMPOUND YARD OR LOT: Any portion, piece, division or parcel of land, excluding fully enclosed buildings, that is used for the storage or holding of distrained vehicles or personal property, or for the care and keeping of vehicles or personal property whether taken into the custody of the law or for other reasons.

IMPROVEMENT: Shall include, but not be limited to, structure, roadway paving, curb, gutter, sidewalk, pedestrian pathway, bike path, water line, sewer line, drainage work, bus turnout, streetlight, and/or landscaping.

INDOOR RECREATION: Public or private recreation facilities, tennis or other racquet courts, swimming pools, bowling alleys, skating rinks, or similar uses which are enclosed in buildings and are operated on a commercial or membership basis primarily for the use of persons who do not reside on the same lot as that on which the recreational use is located. The term "indoor recreation" shall include any accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. The term "indoor recreation" shall not include theaters, cultural facilities, massage parlors, or any use which is otherwise listed specifically in the table of permitted and conditional uses.

INHABIT: To dwell, live, reside, work or stay.

INTERMITTENT USE (AIRSTRIP): The use of a property for an airstrip for no more than three (3) operations in a six (6) month period. An "operation" means not more than one touchdown and one takeoff.

IRRIGATION FACILITIES: The means and mechanisms necessary for the supply, delivery, and drainage of irrigation water, including, but not limited to, canals, laterals, ditches, conduits, gates, wells, pumps and allied equipment.

JUNKYARD: See public nuisances, section 02-01-05 of this Code.

KENNEL: Any portion of land, or any building, structure, enclosure or premises on the same or adjacent parcels, in which canines are housed, groomed, bred, boarded, trained, or sold, in which a total of six (6) or more dogs, three (3) months of age or over are kept or maintained in conformance with section 03-05-09 of this Code.

LIVESTOCK: Domesticated animals (other than household pets or exotic animals) raised for food, fiber or transport.

LOT: See definition of parcel.

LOT CLUSTERING: A development design technique that concentrates residences in specific areas on site to allow the remaining land to be used for agriculture, recreation, common space, and/or conservation of environmentally sensitive areas.

LOT COVERAGE: The area of a lot occupied by an impervious surface.

LOT LINE: The boundary property line in a platted subdivision.

LOT WIDTH: The horizontal distance between side lot lines measured at right angles to the depth at a point midway between the front and rear lot lines.

MANUFACTURED HOME: A structure, constructed or rehabilitated according to HUD/FHA Mobile Home Construction and Safety Standards, transportable in one or more sections, which, in traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq.

MINERAL EXTRACTION: The various activities associated with the extraction of mineral resources, including, but not limited to, gravel, from the ground.

MINISTORAGE FACILITY: A building or buildings containing various size storage compartments, and wherein each compartment is offered for rent or lease to the general public for the private storage of materials.

MOBILE HOME: A transportable, factory built home, whether single or multisectional, designed to be used as a year round residential dwelling and built prior to the enactment of the State of Idaho, Department of Labor and Industrial Services requiring a State approved insignia or the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Mobile homes must meet the requirements of the Idaho Division of Building Safety according to Idaho Code title 44, chapter 25.

MOTEL/HOTEL: A building or buildings in which lodging units are offered for persons, for compensation by the day or the week.

MULTI-FAMILY DWELLING: A structure containing more than one dwelling unit with separate ingress-egress from outside and having no interconnectibility between the units.

MUSEUM: An institution for the acquisition, preservation, study and exhibition of works of artistic, historical or scientific value and for which any sales relating to such exhibits are incidental and accessory to the exhibits presented.

NATIVE ANIMALS: Animals that are common to the State of Idaho but which are wild and not domestic.

NEIGHBOR: A person possessing or owning contiguous land or property.

NET FLOOR AREA: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or rest rooms, and laboratory or workrooms; provided, however, that floor space within the building reserved for parking or loading of vehicles, and space used only for building maintenance and utilities shall be excluded.

NONCONFORMING PROPERTY: A property that lawfully existed prior to the effective date of this chapter, but that does not now conform to the dimensional standards for the district in which it is located.

NONCONFORMING STRUCTURE: A structure that was lawfully constructed and/or existing prior to the effective date of this chapter, but that does not now conform to the zoning standards.

NONCONFORMING USE: A use, structure, or parcel of land that lawfully existed prior to the effective date of this chapter but that does not now conform to the land use restrictions for the district in which it is located.

NUISANCE: See public nuisances, section 02-01-05 of this Code.

NURSERY: A place where plants are grown for sale or transplanting and where seventy five percent (75%) of the products offered for sale are grown on the premises.

NURSERY (RETAIL/WHOLESALE): The selling of products and plants at retail and/or wholesale.

OFF STREET PARKING AND LOADING: An open off street area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers, to avoid undue interference with public streets and alleys.

OPEN SPACE LAND: Any undeveloped or predominately undeveloped land which may be set aside for any of the following:

(1) Park and recreation purposes;

(2) Conservation of land and other natural resources;

(3) Conservation of wildlife habitat and natural space;

(4) Historic or scenic purposes;

(5) Common areas;

(6) Any area without structures that provides an open view.

OPERATION PLAN: A plan of action to include, but not be limited to, time requirements, commencement of the operation, hours of operation, noise levels, dust levels, air and water quality, raw material delivery, finished product and marketing, site improvements, public and private facilities, public amenities and infrastructure.

ORIGINAL PARCEL: A parcel of platted or unplatted land as it existed on September 6, 1979 (the effective date of the Zoning Ordinance 79-008), including any property boundary adjustments as defined in this chapter and any reduction in area due to creating a parcel for the exclusive use by Canyon County, a municipality within Canyon County, a local highway district, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency.

OVERLAY ZONE: A set of zoning requirements that are described in this chapter's text and maps, and subsequently imposed in addition to those of the underlying district. Development within the overlay zone must conform to the requirements of both zones. They are usually employed to deal with special physical characteristics such as floodplains, historic preservation areas, steep slopes, shorelines or other environmentally sensitive areas, but have other applications as well.

OWNER OR LANDOWNER: The person or persons holding title by deed to land or holding title as vendees under a land contract or holding any other title.

PARCEL: A tract of land described by metes and bounds, chains, rods or aliquot parts or by lot and block. Land that is described by metes and bounds that includes all or parts of multiple, preexisting parcels or portions of platted lots, all of which are not separately defined or labeled as separate parcels or lots, shall be considered one parcel.

PARK, PUBLIC: "Public park" means a park within the County which is under operation or management of a government entity that dedicates an area of land, usually in a largely natural state, for the enjoyment of the public, having facilities for rest, recreation, educational opportunities and other ancillary uses associated with a park.

PARKING LOT: An open, graded, compacted and improved surfaced area, other than a street or public way, to be used for the parking or storage, for limited periods of time, of operable passenger vehicles and commercial vehicles, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

PARKING SPACE: Usable space within a public or private parking lot, not less than one hundred eighty (180) square feet (9 feet x 20 feet), exclusive of access drives, aisles or ramps for the storage of one passenger vehicle or commercial vehicle.

PATHWAY: See definition of pedestrianway.

PEDESTRIANWAY: A walkway designed for pedestrians to move from one point to another.

PERMITTED USE: The utilization of land which shall be permitted to take place in any district as set forth by this chapter after obtaining a conditional use permit.

PERSON: Includes, but is not limited to, an individual, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, agency, department, or division, and all other or any other similar entities.

PLANNED UNIT DEVELOPMENT (PUD): An area of land in which a variety of residential, commercial, industrial, or other land uses are provided for under single ownership or control, up until the final plat is recorded, and allows for flexibility in site design and dimensional standards to develop residential, commercial and/or industrial uses not allowed individually within specific zoning districts.

PLAT: An engineered map of a land subdivision in compliance with local and State law.

Final Plat: A map of all or part of a subdivision providing substantial conformance to an approved preliminary plat, prepared by a registered professional engineer or a registered land surveyor in accordance with this chapter, Federal, State and local regulations.

Preliminary Plat: A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with applicable Federal, State and local regulations consisting of an approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, and blocks in the subdivision.

Recorded Plat: A final plat bearing all of the certificates of approval required in this chapter and duly recorded in the County Recorder's Office.

Short Plat: The combined approval process of preliminary and final plats.

POLITICAL SUBDIVISION: A county, city, school district, highway district, irrigation district, fire district or other district recognized by the Idaho Code.

PRESIDING PARTY: The Board, commission, hearing examiner, or Hearing Officer.

PRIVATE ROAD: A road serving more than two (2) permanent dwellings or commercial or industrial uses which is privately maintained, and not accepted for maintenance by the local highway district having jurisdiction.

PROCESS: The mode, method, or operation necessary to prepare for market or to convert into marketable form.

PROPERTY LINE (FRONT): Property lines that abut any public or private road or are intersected by an ingress/egress easement.

PROPERTY LINE (REAR): The property line that is most opposite the front property line. If a property has more than one front property line, then the rear property line is that which is most opposite the front property line containing the access approach. The remaining property lines, opposite the other front property lines, may be side property lines.

PROPERTY LINE (SIDE): Property lines that are not front or rear property lines.

PUBLIC RIGHT-OF-WAY: Any land dedicated to the public and under the jurisdiction of a public highway agency. A public right-of-way can be open or closed to public travel and the highway district has no obligation to construct or maintain said right-of-way for vehicular traffic.

PUBLIC SERVICE AGENCY TELECOMMUNICATION FACILITIES: Police, fire, emergency medical services, highway district, and Idaho Transportation Department facilities which permit communication between public service agency dispatching facilities and public service agency personnel with each other. A public service agency telecommunication facility does not lose its designated status because it leases out a portion of its communication towers to private telecommunication facilities as long as the public service agency telecommunication facilities are the predominating use.

PUBLIC STREET: All roads, streets, alleys, or bridges open to public use and maintained by a public agency.

PUBLIC USES: Public parks, schools, administrative and cultural buildings and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public owned buildings, fire and police stations, libraries, Post Offices, and public utilities administration buildings.

QUASI-JUDICIAL MATTER (HEARING): A term applied to the action of public administrative officers or bodies at public hearings, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature. However, State law rules of evidence apply to judicial proceedings and do not apply to quasi-judicial hearings.

QUASI-PUBLIC USE (PERMANENT): Hospitals, convalescent homes, colleges, and other facilities of an educational, religious, charitable, or philanthropic nature that are nonprofit organizations or exempt properties.

QUASI-PUBLIC USE (TEMPORARY): An activity of a quasi-public nature which has a duration not to exceed seven (7) days and seven (7) nights in a six (6) month period and is allowed in all zones within the unincorporated parts of the County. Activities may include, but are not limited to, religious retreats, revivals, carnivals and like uses, musical concerts, theatrical performances, and sporting events.

RACETRACK: A configured course where races are run with animals, machines, or equipment.

RECREATIONAL VEHICLE (RV): A motor home, travel trailer, fifth-wheel trailer, park model recreational vehicle, truck camper or folding camping trailer, with or without motive power, designed for recreational or emergency occupancy. It does not include pick-up hoods, shells, or canopies designed, created or modified for occupational usage. School buses or van type vehicles which are converted to recreational use, are defined as recreational vehicles.

RECREATIONAL VEHICLE (RV) PARKS: A parcel of land designed and intended for the use of recreational vehicles for a fee as temporary living quarters for recreation or vacation purposes.

RECYCLED ASPHALT: Recycled or reclaimed asphalt pavement which is used as a base material, or to supplement the virgin aggregate and oil in plant mix pavement. It is pavement which is supplemented with oil and acceptable binding materials, to be used as an asphalt surface.

REFINERY: A facility where a group of chemical engineering unit processes and unit operations are used to convert raw material into products of value.

RENDERING PLANT: A facility where animal parts are converted into industrial fats and oils or fertilizers.

REPLAT: A new plat of all or a portion of an existing subdivision plat.

RESIDE: Dwell or inhabit.

RESTAURANT: Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation.

REZONE: Changing the zoning classification of land from one zone to another.

RIBBON CURBING: At a minimum, curbing matching the slope and grade of adjoining road(s), with a two foot (2') wide six inch (6") thick concrete roadway edging strip (ribbon curbing), using road base in the same thickness as the adjoining road and designed to channel water from the road into adjacent infiltration swale.

ROAD LOT: A private road that provides access to more than two (2) lots within a subdivision.

ROADSIDE STAND: The site used for the sale of agricultural products where the majority of the products are produced by the landowner.

SCHOOL (PUBLIC OR PRIVATE): "Public or private schools" means an institution of learning or instruction primarily catering to minors, whether public or private, which is licensed at such facility by either the city or the State of Idaho. This definition includes nursery schools, kindergarten, elementary schools, junior high schools, middle high schools, senior high schools or any special institution of learning under the jurisdiction of the State Department of Education, but not including professional and vocational schools, charm schools, dancing schools, music schools or similar limited schools nor public or private universities or colleges.

SEASONAL ACTIVITIES: Activities dependent on a particular season of the year.

SECONDARY RESIDENCE: A dwelling, other than a temporary residence, that is detached from the primary residence.

SETBACK: The space on a lot required to be left open and unoccupied by buildings or structures, either by the front, side or rear yard requirements of this chapter, or by delineation on a recorded subdivision map or a record of survey.

SHOOTING RANGE: An indoor or outdoor facility designed for the use of firearms and for which a fee is charged.

SIGN: Any sign, copy, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial, industrial, or public activity.

SIMILAR USES: A use that has characteristics generally like those of a listed or defined use.

SINGLE-FAMILY DWELLING: (1) A dwelling for one family.

(2) Any dwelling in which eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons reside and which is supervised and conforms to Idaho Code sections 67-6531 and 67-6532.

(3) A manufactured home as defined by Idaho Code section 39-4105(8).

SITE PLAN: A scaled drawing showing the parcel and all existing and proposed uses and structures and roads all with dimensions, distances and private and public road names. It includes lot lines, lot area, parking spaces, private roadways, walkways, topographic features, reserved open space, buildings and other structures, major landscape features, and the location of proposed utility easements. A site plan is a more detailed representation of a proposed development than shown in a plat, and may also include density and statistical data.

SLAUGHTERHOUSE: A facility where animals are killed and may be processed into meat products.

SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on site consumption of utility power.

SPECIAL EVENTS: Any temporary event including, but not limited to, weddings, picnics, barbecues, holiday events and parties, dances, concerts, footraces and walks, bazaars, and harvest festivals.

STAGING AREA: An area where equipment and/or materials are stored for use conducted entirely off site.

STRUCTURE: Any building used or intended for supporting or sheltering any use or occupancy as defined in the Canyon County Building Code.

SUBDIVISION: The division of any lot, tract or parcel of land into more than four (4) parts since recognition of the original parcel under this chapter for the purpose of development or transfer of ownership.

SUBDIVISION REVIEW TEAM: A committee of DSD employees which reviews proposed preliminary and final subdivision plats.

SURVEYOR: Any person who is licensed in the State of Idaho to engage in the practice of land surveying.

SWINE: Any of the various stout short legged, hoofed mammals with bristly skin and flexible snout including, but not limited to, pigs, hogs or boars.

SWINE FARM: Land where swine are raised for compensation or animal care projects.

TANNERY (COMMERCIAL): A facility where the tanning process is applied to hides to produce leather.

TAVERN OR LOUNGE: A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.

TELECOMMUNICATION FACILITY: Public or private cellphone, broadcast, communication, or wireless internet towers and associated facilities.

TEMPORARY USE: A land use intended to last or continue for a limited time.

TRACT: A parcel of land.

URBAN DENSITY: Development of land into parcels of less than one acre in size.

UTILITIES: Installations or facilities, underground or overhead, furnished for use by the public, including, but not limited to, electricity, gas, steam, communications, water, drainage, irrigation, sewage disposal or flood control, owned and operated by any person, firm, corporation, municipal department or board duly authorized by State or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments or boards.

UTILITY DISTRIBUTION SYSTEM: A system used to deliver any utility.

UTILITY FACILITY: Any facility providing utility services including, but not limited to, buildings, plants, substations, reservoirs or wastewater treatment plants owned or operated by a utility provider regulated by the Idaho Public Utility Commission or other regulatory agency or political subdivision of the State.

VARIANCE: A modification of the bulk and placement requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.

VEHICLE SALES LOT: Premises on which new or used passenger vehicles, trailers, mobile homes or trucks in operating condition are displayed in the open for sale or trade.

VEHICLE SERVICE AND/OR FUELING STATION: Premises used for the sale and delivery of petroleum products and parts such as fuel, lubrication oils, tires, and incidental vehicular accessories and related services, including minor motor vehicle repairs and/or rental of vehicles.

VEHICLE SERVICE FACILITY: Premises on which repair and service work to vehicles is performed.

VEHICLE WRECKING YARD: Any use of premises, excluding fully enclosed buildings, on which two (2) or more motor vehicles not in licensed operating condition are standing more than thirty (30) days, or on which motor vehicles not in licensed operating condition, or parts thereof, are dismantled, displayed, stored, recycled or sold.

VIABLE FARMLAND: Land that is capable of producing marketable farm animals or crops.

WAREHOUSING: Storage of goods or merchandise.

WATER INFILTRATION: A process in which water is applied to an area of land.

WIND FARM: Multiple wind turbines grouped in a single location for the purpose of generating a large amount of electric power.

WIND TURBINE: A structure that uses moving air to generate electricity through the use of blades that are turned by the wind.

WINERY: A place where wine is produced.

YARD: An area that extends along a property line to a depth or width specified in the setback regulations for the zone in which the property is located.

YARD (FRONT): The open space extending across the full width of the lot and lying between the front street line and the nearest line of a structure.

YARD (REAR): The open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of a structure.

YARD (SIDE): The open space extending from the front yard to the rear yard and lying between the side lot line and the nearest line of a structure.

YARD/GARAGE SALE: A sale of used or unwanted household goods, personal items, bric-a-brac typically held in one's garage or yard.

ZONING MAP: An official map designating land use zones in the County. (Ord. 19-038, 8-30-2019)






CHAPTER 3
ADMINISTRATION

07-03-01: PLANNING AND ZONING COMMISSION; MEMBERSHIP AND DUTIES:


(1) Membership: The Canyon County planning and zoning commission is established to perform both planning and zoning duties specified in the Idaho "local land use planning act", Idaho Code, title 67, chapter 65 and this chapter. The number of members on the commission is hereby set at seven (7) members.


(2) Term: The length of the appointment term for commissioners shall be four (4) years unless removed for cause pursuant to Idaho Code section 67-6504. A commissioner must have resided in the county for two (2) years prior to his/her appointment, and must remain a resident of the county during his/her service on the commission. Commissioners serving when this chapter is adopted shall continue to serve the terms for which they were appointed.


(3) Officers: The commission shall elect a chairman and create and fill other positions as provided for in Idaho Code section 67-6504(b).


(4) Duties And Powers: The commission shall have those powers and perform those planning and zoning duties assigned by the board that are provided for in the local land use planning act, Idaho Code, title 67, chapter 65 and in county ordinances. (Ord. 10-006, 8-16-2010)

07-03-03: DIRECTOR OF THE DEVELOPMENT SERVICES DEPARTMENT; DUTIES:

The director shall perform those duties assigned by the board. (Ord. 10-006, 8-16-2010)
07-03-05: HEARING OFFICER:

The chairman of the board, when confirmed by majority vote of board, may appoint a hearing officer. (Ord. 10-006, 8-16-2010)
07-03-07: HEARING EXAMINER:


(1) Appointment, Authority, Duties And Procedures: Any hearing examiner appointed by the board shall perform such duties as assigned by the board pursuant to Idaho Code section 67-6520. (Ord. 10-006, 8-16-2010)






CHAPTER 4
FEES

07-04-01: ESTABLISHED:

By resolution, the board shall establish fees to defray the costs of processing all applications, renewals and requests for action filed pursuant to this chapter. All fees shall be established in accordance with Idaho Code sections 31-870(1) and 63-1311A. (Ord. 10-006, 8-16-2010)
07-04-03: DEVELOPMENT SERVICES DEPARTMENT FEES:

Any person filing any application, renewal or request authorized by this chapter shall pay the fees authorized by the board. No application, renewal or request for action, except as hereafter provided, shall be accepted by DSD, unless accompanied by the required filing fee. (Ord. 10-006, 8-16-2010)
07-04-05: FEE WAIVERS:

Notwithstanding any required fee, only the board shall have the authority to waive, in whole or in part, any fee established by the board for an application, renewal or request for action filed by any governmental agency or persons when such a fee would present an undue hardship. An application for a hardship waiver must be in writing, must specifically describe the undue hardship, and must be filed with the clerk of the board for board action. (Ord. 10-006, 8-16-2010)
07-04-07: REFUNDS:

Upon request, the director shall determine the percentage of application processing time and expenditures that have been incurred and may recommend to the board that the applicant be refunded that portion of the processing fee which has and will not be used. All refunds shall not be issued unless approved by resolution by the board. (Ord. 10-006, 8-16-2010)





CHAPTER 5
NOTICE, HEARING, AND APPEAL PROCEDURES

07-05-01: NOTICE PROCEDURE:


(1) Notice Procedures: Notice shall be given for all proceedings in accordance with Idaho Code sections 67-6509, 67-6511 and 67-6512, as applicable, except as provided for in subsection (2) of this section.


(2) Special Notice Procedures: When notice is required to two hundred (200) or more property owners or purchasers of record, notice shall be provided as follows:

A. Notice shall be provided to property owners or purchasers of record, within the land being considered and properties within six hundred feet (600') beyond the external boundaries of the land being considered; and

B. The county shall publish the public hearing notice in the official newspaper or newspaper of general circulation at least fifteen (15) calendar days prior to the date of hearing. In addition, the county shall provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the county at least fifteen (15) calendar days prior to the hearing date. Notice shall also be posted on all public and/or private roads abutting the development not less than one week prior to the hearing.


(3) Deemed To Have Had Notice: Any person that appears at a hearing, or who submits any exhibit to be considered at such hearing, shall be deemed to have had actual notice by such appearance. (Ord. 10-006, 8-16-2010)

07-05-03: BOARD, COMMISSION OR HEARING EXAMINER HEARING PROCEDURES:


(1) The following hearing procedures shall be followed in all matters heard by the presiding party:

A. The presiding party shall adhere to the requirements of chapter 1, article 17 of this code.

B. Prior to the commencement of a hearing, a sign up sheet shall be provided for prospective witnesses to sign.

C. The hearing shall be opened with a statement of the rules and procedures.

D. The chairman or his designee shall administer the oath or affirmation to the witnesses, except at legislative hearings where public input is solicited.

E. The applicant shall provide reports and testimony which will provide information necessary to enable the presiding party to render a decision on an application.

F. The presiding party may refuse to permit any person to testify who has not signed the witness list, is disruptive of the hearing proceedings, or is belligerent.

G. The presiding party shall approve, modify, or deny an application after reviewing whether or not the application satisfies the applicable provisions of the comprehensive plan, ordinances, and the local land use planning act, Idaho Code title 67, chapter 65. The applicant carries the burden of persuasion.

H. When the presiding party makes a recommendation to the board the FCOs, the minutes, and documents regarding the notice of hearing shall be certified to the board and shall be included in the official record of the board.

I. The presiding party shall issue FCOs, reflecting its final decision.

J. A copy of the signed FCOs shall be mailed to the applicant and/or the applicant's representative. (Ord. 10-006, 8-16-2010)

07-05-05: GENERAL APPEAL PROCEDURES:


(1) The decisions of the commission or the hearing examiner may be appealed to the board by filing a written notice of appeal with DSD within fifteen (15) calendar days of the date the FCOs were signed. The notice of appeal should include a statement of the reasons for the appeal and must be accompanied by a filing fee as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)

07-05-07: APPEAL OF DIRECTOR ADMINISTRATIVE DECISION:


(1) Appeal To Board: An affected person aggrieved by a final administrative decision or action of the director that was made pursuant to the provisions of this chapter may appeal to the board.


(2) Appeal Procedures:

A. Appeals shall be filed with DSD within fifteen (15) calendar days after the date of the decision. A notice of appeal should include a statement of the reasons for the appeal and must be accompanied with all appropriate fees as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)

B. At the public hearing held in accordance with this article, the board shall consider the decision of the director and any additional evidence that may be offered by the public, applicant or director.

C. The board may affirm, reverse or modify, in whole or in part, the director's decision. (Ord. 12-006, 3-22-2012)

07-05-09: MEDIATION OF QUASI-JUDICIAL LAND USE/LAND DIVISION MATTERS:

The procedure for mediation shall be in accordance with the provisions of Idaho Code section 67-6510. Nothing in this chapter shall affect the rights of any party regarding mediation of land disputes. The county shall not be liable for nor pay the fees or expenses of any mediation requested by any applicant or affected property owner. (Ord. 10-006, 8-16-2010)





CHAPTER 6
REZONE, AMENDMENT OF COMPREHENSIVE PLAN, AMENDMENT OF ZONING ORDINANCE

07-06-01: INITIATION OF PROCEEDINGS:


(1) Type Of Change: Any person may apply for the following:

A. An amendment to the county comprehensive plan and/or map;

B. An amendment to this chapter; or

C. Amendment to official zoning maps (rezone or conditional rezone). (Ord. 11-003, 3-16-2011)


(2) Applications: All applications for the above changes or amendments shall be filed with DSD. An application must be accompanied by a filing fee as established by the adopted fee schedule. Applications shall contain all required information.


(3) Comprehensive Plan Changes: Requests for comprehensive plan changes and ordinance amendments may be consolidated for notice and hearing purposes. Although these procedures can be considered in tandem, pursuant to Idaho Code section 67-6511(b), the commission, and subsequently the board, shall deliberate first on the proposed amendment to the comprehensive plan; then, once the commission, and subsequently the board, has made that determination, the commission, and the board, should decide the appropriateness of a rezone within that area. This procedure provides that the commission, and subsequently the board, considers the overall development scheme of the county prior to consideration of individual requests for amendments to zoning ordinances. The commission, and subsequently the board, should make clear which of its findings relate to the proposed amendment to the comprehensive plan and which of its findings relate to the request for an amendment to the zoning ordinance.


(4) Zoning Ordinance Changes:

A. If an amendment to the ordinance text is approved, then the approved changes shall be effective in accordance with time requirements of Idaho Code sections 31-715 and 31-715A. The board shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other evidence gathered through the public hearing process.

B. If an amendment to a zone or zone boundary is approved, then the approved amendment shall be effective immediately upon written approval and shall be established and clearly indicated, as soon as practicable, on the zoning map or maps adopted as part of this chapter. The board shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other evidence gathered through the public hearing process. (Ord. 10-006, 8-16-2010)

07-06-03: COMPREHENSIVE PLAN AMENDMENT CRITERIA:


(1) The commission shall review the particular facts and circumstances of each proposed comprehensive plan amendment and make a recommendation regarding the same to the board. The commission and the board shall determine whether the proposed amendment meets the requirements of the local land use planning act, Idaho Code title 67, chapter 65, and is consistent with the comprehensive plan's purposes, goals and policies:

A. Is the requested type of growth generally in conformance with the comprehensive plan;

B. When considering the surrounding land uses, is the proposed land use more appropriate than the current comprehensive plan designation;

C. Is the proposed comprehensive plan amendment compatible with surrounding land uses;

D. Do development trends in the general area indicate that the current designation and circumstances have changed since the comprehensive plan was adopted; and

E. Will the proposed comprehensive plan amendment impact public services and facilities. What measures will be implemented to mitigate impacts? (Ord. 11-003, 3-16-2011)

07-06-05: ZONING AMENDMENT CRITERIA:


(1) The commission shall review the particular facts and circumstances of each proposed zoning amendment and make a recommendation regarding the same to the board. The presiding party shall make its review in terms of the following standards and shall find adequate evidence regarding the following criteria when evaluating the proposed zoning district boundary amendment:

A. Is the proposed zone change generally consistent with the comprehensive plan;

B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation;

C. Is the proposed zoning map amendment compatible with surrounding land uses;

D. Will the proposed zoning map amendment negatively affect the character of the area? What measures will be implemented to mitigate impacts?

E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed zoning map amendment;

F. Does legal access to the subject property for the zoning map amendment exist or will it exist at the time of development;

G. Does the proposed zoning map amendment require public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns created by the proposed development? What measures have been taken to mitigate road improvements or traffic impacts; and

H. Will the proposed zoning map amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? (Ord. 16-007, 6-20-2016)

07-06-07: CONDITIONAL REZONE:


(1) Restrictions: In approving a conditional rezone application, the presiding party may establish conditions, stipulations, restrictions, or limitations which restrict and limit the use of the rezoned property to less than the full use allowed under the requested zone, and which impose specific property improvement and maintenance requirements upon the requested land use. Such conditions, stipulations, restrictions or limitations may be imposed to promote the public health, safety and welfare, or to reduce any potential damage, hazard, nuisance or other detriment to persons or property in the vicinity to make the land use more compatible with neighboring land uses. When the presiding party finds that such conditions, stipulations, restrictions or limitations are necessary, land may be rezoned upon condition that if the land is not used as approved, or if an approved use ends, the land use will revert back to the zone applicable to the land immediately prior to the conditional rezone action.


(2) Development Agreement: Any condition, stipulation, restriction or limitation imposed pursuant to this article shall be incorporated as part of any site plan, plat, document of title of conveyance and building permit relating to the restricted land. Any predevelopment condition, stipulation, restriction or limitation imposed pursuant to this subsection shall be verified as being met prior to the issuance of any building permit. The applicant must execute a written development agreement to implement and be bound by any such condition, stipulation, restriction, or limitation. No final conditional rezone action shall be taken until such development agreement is recorded in the office of the county recorder. The development agreement shall have the effect and impact provided by Idaho Code section 67-6511A. (Ord. 10-006, 8-16-2010)


(3) Conditional Rezoning Designation: Such restricted land shall be designated by a CR (conditional rezoning) on the official zoning map upon approval of a resolution by the board for an "order of intent to rezone". An "order of intent to rezone" shall be submitted to the board for approval once the specific use has commenced on the property and all required conditions of approval have been met and any required improvements are in place. Land uses that require approval of a subdivision shall have an approved final plat in accordance with this chapter before the "order of intent to rezone" is submitted for approval by the board. Designation of a parcel as CR shall not constitute "spot" zoning and shall not be presumptive proof that the zoning of other property adjacent to or in the vicinity of the conditionally rezoned property should be rezoned the same.


(4) Time Requirements: All conditional rezones for a land use shall commence (see definition of "commence", section 07-02-03 of this chapter) within two (2) years of the approval of the board. If the conditional rezone has not commenced within the stated time requirement, the application for a conditional rezone shall lapse and become void. All subsequent developments on the property shall reapply for land use approval.


(5) Notice That Conditional Rezone Conditions Not Being Met: If any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the director, to establish that the rezone conditions have not been met, or that a use approved by conditional rezoning has been abandoned or has ended, the commission shall notice a public hearing pursuant to article 5 of this chapter, said hearing to be conducted pursuant to article 5 of this chapter. The burden of proof at such hearing shall be on the person who filed the notice. If the commission finds that the rezone conditions are not being followed or that the use approved by conditional rezoning has ended, it may recommend to the board a time schedule for compliance or may recommend that the board order the zone to revert back to the zone from which the property was conditionally rezoned, as provided by subsection (7)I of this section. (Ord. 11-003, 3-16-2011)


(6) Conditional Rezone Approval:

A. Standards Of Evaluation: The presiding party shall review the particular facts and circumstances of the proposed conditional rezone. The presiding party shall apply the following standards when evaluating the proposed conditional rezone:

1. Is the proposed conditional rezone generally consistent with the comprehensive plan;

2. When considering the surrounding land uses, is the proposed conditional rezone more appropriate than the current zoning designation;

3. Is the proposed conditional rezone compatible with surrounding land uses;

4. Will the proposed conditional rezone negatively affect the character of the area? What measures will be implemented to mitigate impacts?

5. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate proposed conditional rezone;

6. Does the proposed conditional rezone require public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns? What measures have been taken to mitigate traffic impacts?

7. Does legal access to the subject property for the conditional rezone exist or will it exist at time of development; and

8. Will the proposed conditional rezone amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? (Ord. 16-007, 6-20-2016)

B. Conditions Must Be Met: If the commission recommends and the board approves such order of preliminary rezoning, the order shall include any conditions, stipulations, restrictions or limitations which the commission recommends and the board finds are necessary to the public health, safety and welfare. Such conditions, stipulations, restrictions or limitations must be met before the "order of intent to rezone" is issued. The development agreement must be signed and recorded before final approval is given.

C. Conditions Incorporated Into Document: Any conditions, stipulations, restrictions or limitations imposed pursuant to this section shall be incorporated as part of any site plan, plat, document of title of conveyance, and building permit relating to the restricted land.


(7) Provisions Governing The Creation, Form, Recording, Modification, Enforcement And Termination Of A Development Agreement:

A. Creation Of Development Agreement: The county may enter into a development agreement with a developer for the development of real property in accordance with these rules and the board's FCOs following a public land use hearing; provided that the development agreement shall:

1. Describe the land subject to the development agreement;

2. Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

3. Specify any ongoing performance of owner or developer and the consequence for any owner's or developer's noncompliance therewith;

4. Provide, where appropriate, for reservation or dedication of land for public purposes;

5. State that the development agreement shall not prevent the county, in subsequent actions applicable to the property, from applying new rules, regulations or policies that do not conflict with development agreements applicable to the property as set forth in the agreement;

6. Provide that the director shall administer the development agreements after such agreements become effective;

7. Provide that the director shall conduct a review of compliance with the terms and conditions of the development agreement on a periodic basis as established by the development agreement; and

8. Provide that a development agreement must be approved by the board, upon recommendation of the commission, which recommendation may be accepted, modified or rejected. A preliminary conditional rezoning approval becomes final when the conditions set forth in the recorded development agreement have been fully met by the developer as determined by the director, in the exercise of the director's discretion including, but not limited to, unforeseen circumstances.

B. Development Agreement Duration: The development agreement shall run with the land and bind the property, only as in accordance with law, and shall inure to the benefit of and be enforceable by the parties, and any of their respective legal representatives, heirs, successors and assignees.

C. Subject Matter: The development agreement may also cover any other matter not inconsistent with this chapter, which is reasonably related to the project, and not prohibited by law.

D. Parties: In addition to the county and developer, any federal, state or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to a development agreement, the development agreement shall specify which agency shall be responsible for the overall administration of the development agreement.

E. Form Of Development Agreements: Development agreements shall include, in the board's discretion, but not be limited to, a clear statement of the intent of the parties in regard to entering the agreement, necessary real property descriptions, schedules and exhibits, a detailed statement regarding the development of the property, and periodic review, as established by the development agreement. The development agreement shall address the requirements and conditions for conditional rezoning approval and shall be accompanied by, or include, a statement necessitating the need for a development agreement.

F. Modification Of Development Agreements: A development agreement by a developer concerning the use or development of the subject parcel may be modified only by permission of the board after complying with the notice and hearing provisions of Idaho Code section 67-6509. The modification proposal must be in the form of a revised development agreement and must be accompanied by a statement demonstrating the necessity for the requested modification.

G. Recording Of Development Agreements: Development agreements or amended development agreements shall be recorded by the director in the office of the county recorder and shall take effect upon the adoption by the board. The director shall provide a copy of the recorded development agreement or amended development agreement to the prosecuting attorney and to the developer. Should a development agreement be terminated by the county, and the zoning designation upon which the use is based is reversed, a document authorizing such termination and zoning reversal shall be recorded by the director in the office of the county recorder and supplied to the same parties noted above.

H. Enforcement Of Development Agreements:

1. Unless terminated pursuant to subsection (7)I of this section, a development agreement, amended development agreement, or modified development agreement, shall be enforceable by any party thereto, or their successors in interest, notwithstanding any subsequent change in any applicable law adopted by the county which alters or amends the laws, ordinances, resolutions, rules, or policies (hereafter referred to as "laws") specified in this section.

2. All laws governing permitted uses of the land that is the subject of the development agreement, including, but not limited to, uses, density, design, height, size, and building specifications of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to a development agreement, shall be those laws made applicable and in force at the time of execution of the development agreement, notwithstanding any subsequent change in any applicable laws adopted by the county, which alter or amend the laws specified in this section. Such subsequent change shall be void as applied to the property subject to such development agreement to the extent that it changes any laws which any party to the development agreement has agreed to maintain in force as written at the time of execution; provided that a development agreement shall not prevent the board from requiring the developer to comply with laws of general applicability enacted subsequent to the date of the development agreement, if they could have been lawfully applied to the property which is the subject of the development agreement at the time of execution of the development agreement, provided the board finds it necessary to impose the requirements because a failure to do so would place the residents of a subdivision or of the immediate community, or both, in a condition perilous to the residents' health or safety, or both.

I. Termination Of Development Agreements:

1. A development agreement may be terminated and the zoning designation upon which the use is based reversed, upon the failure of the developer to comply with the provisions in the development agreement. The developer shall comply with the requirements set forth in the development agreement. A development agreement may be terminated only after complying with the notice and hearing provisions of Idaho Code section 67-6509.

2. If, as a result of a periodic review, the director finds and determines that the developer has committed a breach of the terms or conditions of the development agreement, the director shall serve notice in writing, within a reasonable time period after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and provide a reasonable time period in which to cure such material breach. If the developer fails to cure the breach within the time period given, the county may terminate or modify the development agreement only after complying with the notice and hearing provisions of Idaho Code section 67-6509 and subsection (5) of this section.


(8) Final Rezoning Approval ("Order Of Intent To Rezone"): A conditional rezoning approval becomes final when the conditions set forth in the development agreement have been fully met by the developer. Such approval shall be in the form of a board action known as an "order of intent to rezone", and the property shall be designated by a CR mark on the official zoning map so that persons using the map will be put on notice. Building permits may not be issued until the "order of intent to rezone" is approved by the board and recorded in the county recorder's office by the developer. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)






CHAPTER 7
CONDITIONAL USE PERMITS

07-07-01: PURPOSE:

Every use which requires the granting of a conditional use permit is declared to possess characteristics which require review and appraisal by the commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The commission may require higher standards of site development than those listed specifically in this chapter in order to assure that the proposed use will be compatible with other property and uses in the vicinity. The commission may revoke or modify its approval of a conditional use permit in accordance with the procedures set forth in the hearing and appeals procedures found in article 5 of this chapter. (Ord. 10-006, 8-16-2010)
07-07-03: APPLICATION PROCESS:

A conditional use permit application shall be subject to a public hearing, review, and approval, as provided by article 5 of this chapter. The application process shall be as follows:


(1) Form: Applications for conditional use permits, including a development plan and/or an operation plan if applicable, shall be filed with DSD.


(2) Fee: An application must be accompanied by a filing fee as established by the adopted fee schedule. (Ord. 10-006, 8-16-2010)

07-07-05: HEARING CRITERIA:

The presiding party shall consider each conditional use permit application by finding adequate evidence to answer the following questions in its FCOs:


(1) Is the proposed use permitted in the zone by conditional use permit;


(2) What is the nature of the request;


(3) Is the proposed use consistent with the comprehensive plan;


(4) Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area;


(5) Will adequate water, sewer, irrigation, drainage and stormwater drainage facilities, and utility systems be provided to accommodate the use;


(6) Does legal access to the subject property for the development exist or will it exist at the time of development;


(7) Will there be undue interference with existing or future traffic patterns; and


(8) Will essential services be provided to accommodate the use including, but not limited to, school facilities, police and fire protection, emergency medical services, irrigation facilities, and will the services be negatively impacted by such use or require additional public funding in order to meet the needs created by the requested use? (Ord. 16-001, 1-8-2016)

07-07-07: ADDITIONAL STANDARDS FOR A TEMPORARY RESIDENCE THAT REQUIRES A CONDITIONAL USE PERMIT:


(1) The decision making body shall consider the following:

A. The uses of the surrounding properties in the determination of the compatibility of the proposed temporary use permit with such uses;

B. Duration of the proposed use;

C. Considerations of site and building design and capabilities; and

D. Recommendations from applicable government agencies.


(2) The decision making body may require conditions as are necessary to protect the health, safety and welfare of the residents of parcels within the set notification distance, as well as conditions that would protect the uses of surrounding properties. (Ord. 11-003, 3-16-2011)

07-07-09: ADDITIONAL STANDARDS FOR DAYCARES THAT REQUIRE A CONDITIONAL USE PERMIT (CUP):


(1) If the presiding party approves a daycare, it shall specify the maximum number of children as a condition of approval. The presiding party shall also consider all health and safety requirements, considerations of site and building design and capabilities, and recommendations from applicable government agencies.


(2) The board shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed daycare center with such uses. Additional conditions as are necessary to protect the public health, safety, and welfare of the children may be required. (Ord. 11-003, 3-16-2011)

07-07-11: ADDITIONAL STANDARDS FOR MINERAL EXTRACTION (LONG TERM)4:

(Rep. by Ord. 16-001, 1-8-2016)
07-07-13: STANDARDS FOR A CONDITIONAL USE PERMIT (CUP) FOR A WIND FARM5:

(Rep. by Ord. 16-001, 1-8-2016)
07-07-15: STANDARDS FOR MANUFACTURING OR PROCESSING OF HAZARDOUS CHEMICALS OR GASES6:

(Rep. by Ord. 16-001, 1-8-2016)
07-07-17: SPECIAL CONDITIONS:

Special conditions may be attached to a conditional use permit including, but not limited to, conditions which:


(1) Minimize adverse impact, such as damage, hazard, and nuisance, to persons or the subject property or property in the vicinity;


(2) Control the sequence and timing of development;


(3) Control the duration of development;


(4) Designate the exact location and nature of development;


(5) Require the provision for on site or off site public facilities or services;


(6) Require more restrictive standards than those generally required in this chapter; or


(7) Mitigate the negative impacts of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the county. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-07-19: ADDITIONAL STUDIES:

Prior to making a decision concerning a conditional use permit request, the presiding party may require studies at the applicant's expense of the social, economic, fiscal, and environmental effects of the proposed conditional use. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-07-21: VIOLATION OF CONDITIONS:

If any person, including staff or a member of the commission, files a written notice presenting sufficient evidence, as determined by the director, that the conditions of the conditional use permit have been violated, the presiding party that made the final decision, shall set the matter for a public hearing noticed in accordance with article 5 of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-07-23: LAND USE TIME LIMITATIONS:


(1) Commencement: When a conditional use permit is granted, the land use or construction of its facility proposed in the application must have commenced within three (3) years of the date of the final decision by the presiding party or a court of appropriate jurisdiction. The improvements for the approved use must be completed within five (5) years of the same date. If the use is not commenced or completed within these time periods, the use and its approval shall expire as provided for in subsection (2) of this section. Upon expiration of the use or the approval of that use as provided by this section, the applicant can seek approval of the use only by filing a new initial application. However, gravel pits and public utility facilities are excepted from the commencement and time completion requirements. The presiding party has the discretionary power to establish commencement and completion requirements as specific conditions of approval for gravel pits and power plant public service facilities. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)


(2) Expiration: After the three (3) year period has expired, if any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the director, to establish that the land use or construction of its facility provided for in the conditional use permit, has not commenced or after the five (5) year period that said use has been abandoned, ended, or not completed, the use has expired. (Ord. 12-006, 3-22-2012)

A. Appeal By Affected Person: Any affected person who is aggrieved by the director's decision as to an application pursuant to this subsection, may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter.

B. Reversion: If an appeal is not received or if the commission finds that the use has been abandoned, ended, or not completed, the prior approval shall be set aside and the property shall revert to its prior status. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-07-25: REQUEST FOR EXTENSION:


(1) Request: An applicant may request extension of the time period provided by this section by filing an application for extension with DSD. Such application must be filed prior to the date of expiration of the three (3) year period for commencement of the land use or prior to the expiration of the five (5) year period for completion of the project. The matter shall be heard at a public hearing before the presiding party who made the final decision, in accordance with the notice and hearing procedures of article 5 of this chapter. If the application is not timely filed, it shall not be accepted. (Ord. 12-006, 3-22-2012)


(2) Decision: The presiding party may extend the commencement period or the completion period upon proof of good cause by the applicant. The burden of proof as to the showing of good cause for the extension shall be on the applicant, and good cause shall be determined at the discretion of the presiding party. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See section 07-14-19 of this chapter.
Footnote 2: See section 07-14-33 of this chapter.
Footnote 3: See section 07-14-15 of this chapter.
Footnote 4: See section 07-14-19 of this chapter.
Footnote 5: See section 07-14-33 of this chapter.
Footnote 6: See section 07-14-15 of this chapter.





CHAPTER 8
VARIANCE

07-08-01: APPLICATION:


(1) The applicant shall submit to DSD an application for variance along with the appropriate fee.


(2) The director may grant a variance, as an administrative decision, of up to thirty three percent (33%) of the following requirements: lot size, lot width or depth, structure height, setback distances for the front, back, or side yards, or parking space.

A. Application And Administrative Requirements: A site plan and letter of intent shall be submitted to DSD for review together with all appropriate fees as established by the adopted fee schedule. The burden of proof lies upon the applicant to show whether characteristics of the site create an undue hardship.

B. Notifications: Upon acceptance of an application, DSD shall provide notification by mail of the variance request to the owners of parcels within three hundred feet (300') of the external boundaries of the parcel and shall provide such individuals a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed variance.

C. Comments: The director shall consider all comments that are received within the fifteen (15) calendar day comment period prior to making a final written decision concerning the variance request. In considering comments, the director shall evaluate whether granting the variance will be consistent with the comprehensive plan and whether characteristics of the site create an undue hardship.

D. Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.


(3) The commission shall consider all other applications for variances in accordance with the notice and hearing procedure of article 5 of this chapter. (Ord. 11-007, 5-18-2011)

07-08-03: CRITERIA:


(1) A variance shall be granted in compliance with Idaho Code section 67-6516, and notice and an opportunity to be heard shall be provided to property owners adjoining the subject property.


(2) The presiding party shall ask and answer the following questions in their FCOs:

A. Will granting the variance be consistent with the comprehensive plan;

B. Do characteristics of the site create an undue hardship; and

C. Is the variance in conflict with the public interest? (Ord. 10-006, 8-16-2010)

07-08-05: APPROVAL OR DENIAL:

Whenever the presiding party grants or denies a variance, it shall specify:


(1) The ordinance and standards used in evaluating the application;


(2) The reasons for approval or denial; and


(3) If denied, what actions, if any, the applicant might propose to try to obtain the variance upon submission of a new application. (Ord. 10-006, 8-16-2010)

07-08-07: APPEAL:

Any affected person who is aggrieved by the decision made pursuant to this article, may file a written notice of appeal in accordance with article 5 of this chapter. (Ord. 10-006, 8-16-2010)





CHAPTER 9
PLANNED UNIT DEVELOPMENTS


(Rep. by Ord. 19-038, 8-30-2019)







CHAPTER 10
ZONES

07-10-01: ZONES ENUMERATED:

For the purpose of promoting pride of ownership, health, safety, and general welfare within its area of jurisdiction, the County is hereby divided into the following zones:

A   (Agricultural) Zone  
R-R   (Rural Residential) Zone  
R-1   (Single-Family Residential) Zone  
R-2   (Combined Medium-Density Residential) Zone  
C-1   (Neighborhood Commercial) Zone  
C-2   (Service Commercial) Zone  
M-1   (Light Industrial) Zone  
M-2   (Heavy Industrial) Zone  
MU-A   (Mixed Use - Arterial) Zone  
F   (Flood Hazard Overlay) Zone  
AP   (Airport Overlay) Zone  

(Ord. 19-038, 8-30-2019)
07-10-03: PRIVATE ROAD AND DRIVEWAY REQUIREMENTS:


(1) Frontage, Easement, Or Road Lot Required: For the purpose of providing adequate access for equipment, emergency vehicles and other services to inhabited buildings, each parcel must demonstrate access by one of the following prior to the issuance of a certificate of zoning compliance:

A. Frontage: A minimum property frontage of sixty feet (60') is required along the right-of-way of a public road for the purpose of ingress/egress. The frontage width requirement may be reduced to a width not less than fifty feet (50') in accordance with subsection (1)D of this section.

B. Driveway Or Private Road Application, Easement And Maintenance Agreement:

1. Applications for driveways serving two (2) properties and all private roads shall be filed with DSD.

(A) An application on a form provided by the Director and the fees shall be submitted. Additional fees shall be charged for any requested alternative standards which require review by the County Engineer.

(B) When the application is filed, the Director shall review the application to determine if: 1) the proposed driveway serving two (2) properties or private road is in accord with the standards in this section and chapter 6, article 5 of this Code and 2) will not disrupt regional or local long range transportation plans. Conditions may be placed on the approval to ensure continued compliance with the requirements of this section.

2. Driveways serving two (2) properties and all private roads shall be located within a recorded permanent, perpetual easement, having a minimum width of sixty feet (60') from the right-of-way of a public street to the property for the purpose of ingress/egress. The easement width requirement may be reduced to a width not less than twenty eight feet (28') in accordance with subsection (1)D of this section.

3. Driveways serving two (2) properties and all private roads shall have a recorded road users maintenance agreement that describes the responsible parties for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. The agreement shall also list any construction warranties applicable to the specific driveway or private road. Failure to maintain a previously approved driveway or private road shall be a violation of this article subject to the enforcement procedures in article 19 of this chapter.

4. All properties taking access to a private road shall be in compliance with the addressing standards in chapter 6, article 5 of this Code.

5. Driveways serving two (2) residences and all private roads shall be located to minimize disruption of existing agricultural practices.

C. Private Road On Subdivision Plat: A private road shall be shown as a separate, nonbuildable lot in accordance with the requirements of section 07-17-31 of this chapter.

D. Width Reduction: The width of a parcel's road frontage, easement or private road may be reduced by the Director if the reduction demonstrates all of the following:

1. Will the proposed reduction provide adequate access;

2. Do physical characteristics of the site require a width reduction; and

3. Would approval of the request cause injury, damage, or a safety hazard?


(2) Fire District Road Requirements: The construction of driveways or private roads longer than one hundred fifty feet (150') from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district.


(3) Driveway And Private Road Requirements:

A. Minimum Standards: Driveways and private roads shall be built to the following minimum standards in table 1 of this subsection: TABLE 1

  Subbase Or Ballast   Base Course   Plant Mix
Pavement (ISPWC
Class III Mix)  
Surface Width  
Driveways (serving a maximum of 2 inhabited buildings per definition in section 07-02-03 of this chapter):          
  Existing driveways that add a second residence   n/a   4" thick 3/4 minus gravel base or equivalent recycled asphalt paving (RAP), graded and compacted   n/a   12' wide all weather driving surface  
  New driveways built after January 19, 2005   If less than 150': n/a

If 150' or longer: 9" of uncrushed aggregate (pit run)  
4" thick 3/4 minus gravel base or equivalent recycled asphalt paving (RAP), graded and compacted   n/a   12' wide all weather driving surface  
Private roads (serving more than 2 permanent dwellings or inhabited buildings as defined in section 07-02-03 of this chapter):          
  Private roads that are estimated to serve 100 ADT or less   n/a   4" thick 3/4 minus gravel base, graded and compacted   n/a   20' wide all weather driving surface  
  Private roads that are estimated to serve more than 100 ADT   9" of minus 6" uncrushed aggregate (pit run)   6" of 3/4" crushed aggregate (gravel)   2.5" thick   24' for local roads and 26' for collector roads1  

Note:
1. Alternative pavement section designs that include geotextile fabrics, geogrids, cemented treated base, etc., may be submitted to the county for consideration and approval following review by the county engineer. Subbase thickness shall not be less than twice the maximum sized aggregate and base layer thickness shall not exceed 10 inches. Base is to be replaced in the GE pavement section at a ratio of 2.2:1 for plant mix and 0.9:1 for subbase.


1. Base to meet the requirements of ISPWC section 802, Table 1 - Type I Crushed Aggregate Base.

2. Subbase to meet the requirement of ISPWC section 801, Table 1 - 8 Inch, 6 Inch, Or 3 Inch Uncrushed Aggregate.

3. Trip generation per dwelling is 9.52 trips/day per ITE, "Trip Generation 9th Edition", rates for single-family detached housing. Total ADT for a private road is the total daily trips for the total dwellings entitled on properties using any segment of a private road.

4. The structural section of a private road shall be in accordance with the minimum section thickness as indicated in the table. Thinner sections of private roads may be possible based upon a traffic index proposed by the applicant and reviewed by the county engineer, an R-value (ITD method T-8) determined during the geotechnical investigation and the following formula:

GE (inches) = 0.0384*(TI)*(100-R) where GE equals gravel equivalence or the entire section of ISPWC - 3/4" base (section 802), TI = traffic index and R = R-value test result

R-value is to be determined by soil laboratory on a representative sample(s) from the project subgrade. Maximum subgrade R-value for design to be R-35. Subgrade is to be confirmed at the time of construction to be firm and stable. Soft, wet, or deflecting subgrade is to be addressed by project civil/geotechnical engineer(s).

5. Any private road shall be named and a sign conforming to the applicable highway district standards shall be erected and maintained at the property owners' expense. The road must have a road name approved by the director. The naming of roads shall comply with chapter 6, article 5 of this code. Verification of installation of road signs shall be provided to DSD.

B. Inspection And Certification: A driveway or private road must be constructed prior to final inspection of an inhabited building. The construction of driveways longer than one hundred fifty feet (150') from a public street right of way to the most distant portion of an inhabited building and private roads shall be inspected and certified by the applicant's engineer prior to obtaining a certificate of occupancy. This requirement may be waived by the director if a road construction warranty has been recorded.

C. Bridges: Bridges shall be inspected and certified by an engineer of the developer's choice, to have been constructed in compliance with all applicable federal, state, and local laws.

D. Cul-De-Sacs: Cul-de-sacs shall have a fifty foot (50') radius for a driving surface and a seventy foot (70') radius for right of way or easement. (Ord. 16-007, 6-20-2016)

07-10-05: PUBLIC STREET RIGHT OF WAY WIDTHS:

Public street right of way widths shall be determined and approved by the governing highway district or agency. (Ord. 16-007, 6-20-2016)
07-10-07: UNSPECIFIED USES:

Uses not specified are prohibited, unless determined by the director to be similar or accessory to at least one of the allowed or permitted uses for that particular zone. If a proposed use is similar to or accessory to a conditionally permitted use, the applicant may only receive permission for the similar or accessory use through a conditional use permit. (Ord. 10-006, 8-16-2010)
07-10-09: TRANSMISSION POLES AND LINES:

Transmission poles and lines greater than one hundred feet (100') in height or greater as allowed by the federal aviation administration are an allowed use in all zones. (Ord. 12-006, 3-22-2012)
07-10-11: FUNCTIONAL CLASSIFICATION MAP:

The adopted Canyon County functional classification map shall be considered in all development requests to the county. (Ord. 10-006, 8-16-2010)
07-10-13: SIGNS:


(1) No signs are allowed in any zones without an approved administrative decision with the following exceptions:

A. Nonilluminated Signs: The following types of signs, when not illuminated, do not require an administrative decision:

1. Signs related to home occupations in accordance with section 07-14-13 of this chapter.

2. Directional or information signs bearing no advertising message located within a parcel, and signs not exceeding four (4) square feet in area erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.

3. Any sign which is visible only from the parcel on which it is located.

4. Campaign signs, provided they are removed within seven (7) days after the election.

5. Property signs advertising the availability of property for sale, lease, or rent, but shall not be greater than thirty two (32) square feet.

6. Home signs. An accessory sign or nameplate announcing the names of the owners or occupants of the premises.

7. Memorial signs or tablets and names of buildings and dates of erection when cut into the surface or facade of the building.

8. Signs placed by a public utility showing the location of underground facilities.

9. Traffic or other county signs, signs required to be mentioned by law, railroad crossing signs, legal notices and such temporary emergency or nonadvertising signs as may be authorized by the board.

B. Agricultural Zone: Signs for any allowed or approved use not exceeding thirty two (32) square feet in area and not exceeding ten feet (10') in height. (Ord. 10-006, 8-16-2010)

C. Commercial And Industrial Zones: For commercial and industrial uses, the area of the sign shall not exceed sixty four (64) square feet and shall not exceed ten feet (10') in height, unless approved by an administrative decision from the director. Signs may be lighted, electric, or have moving parts but may not be a distraction to the public so as to be a traffic hazard. (Ord. 12-006, 3-22-2012)


(2) No sign shall be placed on a highway district right of way unless authorized by the highway district having jurisdiction.


(3) All signs must be placed so as not to block vision by oncoming traffic.


(4) All signs shall be maintained in good order and repair. If damaged, it shall be repaired or removed from the premises within thirty (30) days of notice from DSD.


(5) A building permit for a sign may be required upon review by DSD, or if the sign is over six feet (6') in height and permanently affixed to the ground.


(6) Standards for signs that require an administrative decision:

A. Application And Administrative Requirements: A site plan and letter of intent shall be submitted to DSD for review together with all appropriate fees as established by the adopted fee schedule.

B. Notifications: Upon acceptance of an application, DSD shall provide notification of the sign application by mail to the owners of parcels within six hundred feet (600') of the external boundaries of the parcel on which the sign will be located and shall provide such individuals a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed sign. DSD shall also provide notice to the appropriate highway district for comment.

C. Comments: The director shall consider all comments that are received within the fifteen (15) day comment period prior to making a final decision concerning the sign request. In considering comments, the director shall evaluate whether such comments adequately demonstrate that the sign would be reasonably compatible with the surrounding vicinity.

D. Approval Shall Be At The Discretion Of The Director: The director shall consider all of the application materials as well as all comments received relating to the application and the uses of the surrounding properties in the determination of the compatibility of the proposed sign. The burden is on the applicant to show compatibility. The director may require conditions that are necessary to make the sign compatible with the surrounding vicinity.

E. Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.

F. Appeal By Affected Person: Any affected person who is aggrieved by the director's decision as to an application pursuant to this subsection, may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010)

07-10-15: PROPERTY BOUNDARY COVERAGE:

In residential and agricultural zones, there are no county regulations regarding the maximum area of a lot which shall be occupied by impervious surface. In commercial and industrial zones, the area of a lot occupied by impervious surface shall not exceed eighty five percent (85%) of the total area of the lot. (Ord. 10-006, 8-16-2010)
07-10-17: PROPERTY BOUNDARY ADJUSTMENT:

Property lines of unplatted parcels may be adjusted in accordance with the following:


(1) The adjustment does not create eligibility for a building permit or administrative lot split on a parcel that was otherwise ineligible;


(2) The adjustment does not create any additional parcels;


(3) The adjustment does not result in the relocation of a building permit or provide for an administrative lot split onto a contiguous parcel that is not eligible for an administrative lot split;


(4) A recorded survey showing all changes to affected property lines shall be submitted to DSD;


(5) The adjustment does not create parcels smaller than the minimum lot size for the zone in which the property is located, unless the adjustment increases the size of an existing parcel that was smaller than the minimum lot size for the corresponding zone prior to the adjustment;


(6) Original property lot lines may not be adjusted by more than eighty feet (80') except that the director may allow the adjustment of over eighty feet (80') if the adjustment does not cause injury, damage or a safety hazard;


(7) The adjustment shall not alter the location of any platted lot line;


(8) The property owner has submitted the application form, required supporting information and the applicable fee as established by the adopted fee schedule;


(9) If the adjustment involves contiguous parcels with different owners, both property owners shall submit their written consent to the adjustment with the application. However, only one application form and fee are required;


(10) Upon compliance with the above items of this section, the Director shall, within ten (10) business days, issue a permit for the property boundary adjustment. The property owner shall record the permit from the Director and the corresponding survey and legal description with the Canyon County Recorder's Office. (Ord. 10-006, 8-16-2010)

07-10-19: SECTION LINE SETBACK:

No permanent structure shall be located closer than seventy feet (70') to any section line or quarter section line preserved for a future road unless the highway district having jurisdiction waives the seventy foot (70') setback requirement. (Ord. 10-006, 8-16-2010)
07-10-21: SETBACKS; MINIMUM PARCEL OR LOT SIZE; HEIGHT REGULATIONS:


(1) Setback Requirements:

A. Agricultural And Residential Zones:

TABLE 1
AGRICULTURAL AND RESIDENTIAL ZONES
SETBACK REQUIREMENTS

  Front   Side   Rear   Corner  
Agricultural Zone A   30'   10'   20'   30'  
Residential Zones R-R, R-1, and R-2   20'   10'   20'   20'  

1. Front Yard: Unless the provisions of subsection (1)A4 of this section apply, front setbacks shall be measured from the greatest of either the front property line, public street right-of-way line, or private road easement line. Long established setbacks are permissible:

(A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and

(B) When not a corner parcel; and

(C) When in a platted subdivision.

2. Rear Yard: Rear setbacks shall apply except that long established existing setbacks are permissible:

(A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and

(B) When in a platted subdivision.

3. Corner Parcel: Front yard setback requirements are applicable from property lines along a public street and/or private road of a corner parcel with no exceptions made for long established setbacks.

4. Principal Arterial And Major Collector Preservation:

(A) No building or structure shall be erected nearer than fifty feet (50') from the centerline of any major collector shown on the Canyon County functional classification map unless the highway district having jurisdiction waives such setback.

(B) No building or structure shall be erected nearer than one hundred twenty feet (120') from the centerline of U.S. 20/26, ninety five feet (95') from the centerline of SH44, ninety feet (90') from the centerline of SH55 and seventy feet (70') from the centerline of any other principal arterial shown on the Canyon County functional classification map unless the highway district having jurisdiction waives such setback.

5. Front And Corner Yard: Front and corner setbacks shall be measured from the greatest of either the property line, public street right-of-way line, or private road easement line.

B. Commercial, Mixed Use And Industrial Zones:

1. Parcel Adjacent To Parcel In Unlike Zone: Setbacks on all lot lines adjacent to a parcel of any other zoning classification shall be determined by the sum of the setbacks where the zones abut, divided by two (2), when not located on section or quarter section line.

2. Parcel Adjacent On All Boundaries To Other Parcels In Like Zone: If a parcel is adjacent on all boundaries to other parcels within the same zoning classification, then there are no side or rear setback requirements. Notwithstanding the foregoing, no building or structure shall be erected nearer than twenty feet (20') from the front property line, and any public street right-of-way line or private road easement line, except that long established setbacks are permissible:

(A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and

(B) When not a corner parcel or not fronting a principal arterial; and

(C) When in a platted subdivision.

3. Principal Arterial And Major Collector Preservation:

(A) No building or structure shall be erected nearer than fifty feet (50') from the centerline of any major collector shown on the Canyon County functional classification map unless the highway district having jurisdiction waives such setback.

(B) No building or structure shall be erected nearer than one hundred twenty feet (120') from the centerline of U.S. 20/26, ninety five feet (95') from the centerline of SH44, ninety feet (90') from the centerline of SH 55 and seventy feet (70') from the centerline of any other principal arterial shown on the Canyon County functional classification map unless the highway district having jurisdiction waives such setback.


(2) Minimum Parcel Or Lot Size:

TABLE 2
MINIMUM PARCEL OR LOT SIZE

  Minimum Lot Size   Minimum
Lot Width  
Agricultural Zone A   40 acres or in accordance with the administrative land division requirements of article 18 of this chapter   60'  
Residential Zone R-R   Average minimum lot size of 2 acres for a residential lot3,4   60'  
Residential Zone R-1   Average minimum lot size of 1 acre for a residential lot1,3,4   60'  
Residential Zone R-2   Average minimum lot size of 1/2 acre for a residential lot1,3,4   60'  
Commercial and Industrial Zones C-1, C-2, M-1, M-2, and MU-A   No minimum lot size   80'2  

Notes:
 1. For parcels within the Area of City Impact with central sewer and/or water services, the parcel or lot size may be reduced to 12,000 square feet.
 2. There is no minimum lot width requirement for parcels or platted lots containing or intended for noninhabited structures.
 3. Where a property owner dedicates land for public use or right-of-way for roadways where no direct lot access is provided, the total number of lots that can be created on a property through subdivision is calculated by the total parcel size prior to platting divided by the average minimum lot size. The resulting lots, and residential lots created through an administrative land division in subsection 07-18-01(1) of this chapter, may reduce the average minimum lot size by no more than 15 percent.
 4. The average minimum lot size shall be calculated for the residential lots within each phase of a subdivision.


(3) Height Regulations: The following table sets forth the maximum height requirements:

TABLE 3
HEIGHT REGULATIONS

  Residential   Accessory Structure   Commercial/
Industrial Structures  
Agricultural Zone A   35'   35'   Not applicable  
Residential Zones R-R, R-1, and R-2   35'   35'   Not applicable  
Commercial Zones C-1, C-2, MU-A   Not applicable   50'   50'  
Industrial Zones M-1 and M-2   Not applicable   75'   75'  

Exceptions:

Type   Height Allowance   Zones  
Manufacturing processing - columns, towers, smokestacks, or like structures   100'1   M-1 and M-2  
Transmission poles and lines   100'1   All zones  
Telecommunication facilities   100'1   All zones  
Agricultural facilities/operations   100'1   A, M-1 and M-2  
Mechanical equipment parapet wall   5'   C-1, C-2, M-1, M-2, MU-A  
Church steeples or spires   No limit   All zones except M-2  

Note:
1. No structure shall exceed the zone height, except structures that are listed above shall be permitted up to 100 feet or a height greater as allowed by the Federal Aviation Administration.

(Ord. 19-038, 8-30-2019)
07-10-23: CITY IMPACT AREAS:

Within adopted City Impact Areas, the applicable city's setback and height requirements may be applied. Combinations of County setbacks and heights and city setbacks and heights are not allowed. (Ord. 10-006, 8-16-2010)
07-10-25: PURPOSES OF ZONES:


(1) The purposes of the A (Agricultural) Zone are to:

A. Promote the public health, safety, and welfare of the people of the County by encouraging the protection of viable farmland and farming operations;

B. Limit urban density development to Areas of City Impact in accordance with the comprehensive plan;

C. Protect fish, wildlife, and recreation resources, consistent with the purposes of the "Local Land Use Planning Act", Idaho Code title 67, chapter 65;

D. Protect agricultural land uses, and rangeland uses, and wildlife management areas from unreasonable adverse impacts from development; and

E. Provide for the development of schools, churches, and other public and quasi-public uses consistent with the comprehensive plan.


(2) The purpose of the R-R (Rural Residential) Zone is to encourage and guide growth in areas where a rural lifestyle may be determined to be suitable.


(3) The purpose of the R-1 (Single-Family Residential) Zone is to promote and enhance predominantly single-family living areas at a low density standard.


(4) The purpose of the R-2 (Combined Medium-Density Residential) Zone is to provide medium-density residential development areas. Medium-density development concentrations should have a full range of community services and facilities available or projected for establishment.


(5) The purpose of the C-1 (Neighborhood Commercial) Zone is to provide for local commercial service needs and to restrict incompatible uses.


(6) The purpose of the C-2 (Service Commercial) Zone is to provide areas where activities of a service nature, which are more intensive in character than in other Commercial Zones, may be carried out.


(7) The purpose of the M-1 (Light Industrial) Zone is to provide for and encourage the grouping together of light industrial uses capable of being operated under such standards as to location and appearance of buildings and the treatment of the land about them so that they will be unobtrusive and not detrimental to surrounding commercial or residential uses.


(8) The purpose of the M-2 (Heavy Industrial) Zone is to encourage industries to locate in and provide for suitable areas in which heavy industrial uses may be established, substantially free from residential, light industrial or commercial activities which could interfere with heavy industrial development and operations.


(9) The purpose of the MU-A (Mixed Use - Arterial) Zone is to encourage a mix of residential, commercial and industrial uses along principal arterials within Areas of City Impact which are designed in accord with adopted access management standards for State highways or arterials under the control of a local highway agency. (Ord. 19-038, 8-30-2019)

07-10-27: LAND USE REGULATIONS (MATRIX):

This section lists uses within each land use zone: allowed uses (A), permitted uses through a conditional use permit (C), Director administrative decision (D), not applicable because covered by different use/section (n/a), or prohibited (-).

ZONING AND LAND USE MATRIX

Zoning Classification   A   R-R   R-1   R-2   C-1   C-2   M-1   M-2   MU-A  
Accessory uses and/or structures to a permitted use   D   D   D   D   D   D   D   D   D  
Accessory uses and/or structures to allowed use   A   A   A   A   A   A   A   A   A  
Agricultural research facility   A   -   -   -   -   -   A   A   A  
Agriculturally related activities   A   C   -   -   -   -   -   -   -  
Agriculture, except those animal uses with more restrictive provisions within this article and all other uses specifically listed in other zones1   A   A   A   A   -   -   A   A   A  
Airpark   C   C   -   -   -   -   C   C   -  
Airport   C   -   -   -   -   -   C   -   -  
Airstrip excepting intermittent use   C   C   -   -   -   -   -   -   -  
Amusement park, theme park or commercial racetrack   C   -   -   -   -   C   -   -   C  
Animal cremation service   C   -   -   -   -   -   A   A   -  
Animal facility (large): bird farm, calf raising operation, dairy, feedlot, and swine farm1   C   -   -   -   -   -   C   C   -  
Animal facility (small) on 5 acres or more1   A   A   C   -   -   -   A   A   A  
Animal facility (small) on less than 5 acres   C   C   C   -   -   -   A   A   A  
Animal hospital   C   C   -   -   A   A   A   A   A  
Animals are allowed as long as it is not an animal facility or CAFO1   A   A   A   A   A   A   A   -   A  
Arena (commercial)   C   C   -   -   C   A   A   -   A  
Assisted care facility   D   D   D   D   A   A   -   -   A  
Auction establishment   C   -   -   -   -   C   A   A   C  
Batch plants   C   -   -   -   -   -   A   A   -  
Bed and breakfast (with employees)   D   D   D   D   -   -   -   -   -  
Bed and breakfast (without employees)   A   A   A   A   -   -   -   -   -  
Bulk storage as an accessory use of any flammable liquid above or below ground   -   -   -   -   -   -   A   A   -  
Bulk storage for wholesale distribution of any flammable liquid above or below ground   -   -   -   -   -   -   C   A   -  
CAFO   C   -   -   -   -   -   C   C   -  
Caretaker residence   C   -   -   -   A   A   A   A   A  
Cemetery   C   C   -   -   -   -   -   -   -  
Church   C   C   C   C   A   A   A   -   -  
Clinics or hospitals   -   -   -   -   A   A   -   -   A  
Commercial and private off street parking facilities for vehicles   -   -   -   -   -   A   A   A   A  
Contractor shop   C   -   -   -   C   A   A   A   A  
Daycare facilities:                    
Family daycare home (1 - 6 children)   A   A   A   A   A   A   -   -   A  
Group daycare facility (7 - 12 children)   D   D   D   D   A   A   -   -   A  
Daycare center (13+ children)   -   -   -   -   A   A   -   -   A  
Drive-in theater   C   -   -   -   -   -   -   -   -  
Equipment rentals (outdoor)2   -   -   -   -   A   A   A   A   A  
Ethanol plant   C   -   -   -   -   -   C   A   -  
Farm implement sales or service, farm supply sales   C   -   -   -   A   A   A   A   A  
Fertilizer processing facility   C   -   -   -   -   -   A   A   -  
Firewood sales   D   C   -   -   D   A   A   A   -  
Fireworks sales   -   -   -   -   A   A   A   A   A  
Food processing facility   C   -   -   -   -   -   A   A   -  
Golf course   C   A   -   -   -   -   -   -   -  
Group home   C   C   C   C   C   C   -   -   C  
Home business   D   D   D   D   -   -   -   -   -  
Home occupations   A   A   A   A   -   -   -   -   -  
Impound yard2   -   -   -   -   -   -   A   A   -  
Indoor recreation   -   -   -   -   A   A   A   -   A  
Junkyards and vehicle wrecking yards2   -   -   -   -   -   -   -   A   -  
Kennel   C   C   C   C   C   C   A   A   C  
Landscape business   A   -   -   -   A   A   A   -   C  
Light manufacturing, assembly, testing and/or packaging facilities   -   -   -   -   -   -   A   A   A  
Lumberyard   -   -   -   -   -   A   A   A   -  
Manufacturing, assembling, fabricating, processing, packing, repairing, or storage uses   -   -   -   -   -   -   A   A   A  
Manufacturing or processing of hazardous chemicals or gases   -   -   -   -   -   -   -   C   -  
Mineral extraction (long term)   C   -   -   -   -   -   A   A   -  
Mineral extraction (short term)3   D   D   D   D   -   -   A   A   D  
Ministorage and/or RV storage facility   -   -   -   -   C   A   A   A   C  
Mobile or manufactured home sales   -   -   -   -   -   C   A   A   C  
Mortuaries, cremation, and funeral home   -   -   -   -   A   A   A   -   A  
Multi-family dwellings limited to not more than 8 units per lot   -   -   -   C   -   -   -   -   A  
Multi-family dwellings limited to not more than 4 units per lot   -   -   -   A   -   -   -   -   -  
Museum   C   -   -   -   A   A   A   -   A  
Nursery   A   A   -   -   A   A   A   A   A  
Nursery (retail/wholesale)   C   C   -   -   A   A   A   A   A  
Outdoor sales or displays (accessory to allowed use)   A   -   -   -   A   A   A   A   A  
PUDs   -   C   C   C   C   C   C   C   C  
Private roads and driveways serving 2 properties   D   D   D   D   D   D   D   D   D  
Public service agency telecommunication facilities 75 feet or greater   D   D   D   D   D   D   D   D   D  
Public uses and quasi-public uses   C   C   C   C   A   A   A   A   A  
Quasi-public uses (temporary)   D   D   D   D   -   -   -   -   -  
Radio, television and broadcasting stations   -   -   -   -   A   A   A   A   A  
Recreational vehicle (RV) park   C   -   -   -   C   A   -   -   C  
Refinery   -   -   -   -   -   -   -   A   -  
Rehabilitation of manufactured/
mobile homes2  
-   -   -   -   -   -   A   A   -  
Rendering plant   -   -   -   -   -   -   C   A   -  
Retail stores, personal service shops, banks, offices, hotels, motels, microbrewery, and restaurants   -   -   -   -   A   A   A   -   A  
Sale (commercial) of hay, grain, seed and related supplies   C   -   -   -   -   A   A   A   A  
Sale of heavy building materials and machinery   -   -   -   -   -   A   A   A   A  
Sale of salvage goods2   -   -   -   -   -   -   A   A   -  
Sanitary landfill   C   -   -   -   -   -   -   -   -  
School (public or private)   C   C   C   C   A   A   A   A   A  
School (vocational or trade)   C   -   -   -   -   A   A   A   A  
Seasonal activities   A   A   -   -   A   A   -   -   A  
Secondary residence   A   A   A   C   -   -   -   -   -  
Shooting range (indoor)   C   -   -   -   -   A   A   A   A  
Shooting range (outdoor)   C   -   -   -   -   -   -   -   -  
Similar uses to a conditional use   C   C   C   C   C   C   C   C   C  
Similar uses to allowed use   A   A   A   A   A   A   A   A   A  
Single-family dwelling, 1 per lot or parcel unless otherwise provided in this chapter   A   A   A   -   -   -   -   -   -  
Single-family dwellings, but not more than 2 such dwellings per lot or parcel unless otherwise provided for in this chapter   -   -   -   A   -   -   -   -   -  
Slaughterhouse   C   -   -   -   -   -   C   A   -  
Small wind energy systems   D   D   D   D   D   D   D   D   D  
Special events facility   C   -   -   -   A   A   -   -   A  
Staging area   C   -   -   -   A   A   A   A   A  
Tannery   -   -   -   -   -   -   -   A   -  
Taverns, lounges, or wine bars   -   -   -   -   C   C   C   -   C  
Telecommunication facility   C   C   C   C   C   C   A   A   C  
Temporary uses   D   D   D   D   -   -   -   -   -  
Theater   -   -   -   -   C   A   A   -   A  
Transit or trucking terminal and/or service facility   -   -   -   -   -   C   A   A   C  
Utility distribution system   A   A   A   A   A   A   A   A   A  
Utility facility   D   D   D   D   A   A   A   A   A  
Vehicle fueling station with convenience store   -   -   -   -   C   A   A   A   C  
Vehicle sales lot   -   -   -   -   -   A   A   -   A  
Vehicle service facility   -   -   -   -   C   A   A   A   A  
Warehousing, wholesaling and distribution facilities   -   -   -   -   -   C   A   A   C  
Water infiltration   C   -   -   -   -   -   C   C   -  
Wind farm   C   -   -   -   -   -   C   C   -  
Winery, distillery, brewery   D   -   -   -   -   -   A   A   C  
Yard/garage sales (associated with any residential uses)   A   A   A   A   -   -   -   -   -  
Zoo   C   -   -   -   -   -   C   -   -  

Notes:
 1. See confined animal feeding operation (CAFO), chapter 8 of this Code.
 2. With a sight obscuring fence (see section 07-02-03 of this chapter).
 3. In accordance with subsection 07-14-17(6) of this chapter.

(Ord. 19-038, 8-30-2019)





CHAPTER 10A
FLOOD HAZARD OVERLAY ZONE

07-10A-01: STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES:


(1) Statutory Authority: The Legislature of the State of Idaho, pursuant to Idaho Code section 46-1020 through section 46-1024, authorized local government to adopt Floodplain Management Ordinances that identify floodplains and minimum floodplain development standards to minimize flood hazards and protect human life, health, and property. Therefore, the Board of County Commissioners of Canyon County, Idaho does hereby ordain as follows.


(2) Findings Of Fact:

A. The flood hazard areas of Canyon County are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

B. These flood losses are caused by development in flood hazard areas, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

C. Local government units have the primary responsibility for planning, adopting and enforcing land use regulations to accomplish proper floodplain management.


(3) Statement Of Purpose: The purpose of this article is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A. Protect human life, health, and property;

B. Minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

C. Help maintain a stable tax base by providing for the sound use and development of flood prone areas;

D. Minimize expenditure of public money for costly flood control projects;

E. Minimize the need for rescue and emergency services associated with flooding, generally undertaken at the expense of the general public;

F. Minimize prolonged business interruptions;

G. Ensure potential buyers are notified the property is in an area of special flood hazard; and

H. Ensure those who occupy the areas of the special flood hazard assume responsibility for their actions.


(4) Objectives And Methods Of Reducing Flood Losses: In order to accomplish its purpose, this article includes methods and provisions to:

A. Require that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction;

B. Restrict or prohibit developments which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

C. Control filling, grading, dredging, and other development which may increase flood damage or erosion;

D. Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards to other lands; and

E. Preserve and restore natural floodplains, stream channels, and natural protective barriers which carry and store flood waters. (Ord. 19-038, 8-30-2019)

07-10A-03: DEFINITIONS:

Unless specifically defined below, words or phrases used in this article shall be interpreted according to the meaning they have in common usage and to give this article its most reasonable application.

ACCESSORY STRUCTURE: See section 07-02-03 of this chapter.

APPEAL: A request for review of the Floodplain Administrator's interpretation of provisions of this article or request for a variance.

AREA OF SHALLOW FLOODING: A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one foot (1') to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD: See definition of special flood hazard area (SFHA).

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE): A determination by the Federal Insurance Administrator of the water surface elevation of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. When the BFE has not been provided in a special flood hazard area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the freeboard, establishes the flood protection elevation.

BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.

BUILDING: See definition of structure.

CRITICAL FACILITY: Facilities that are vital to flood response activities or critical to the health and safety of the public before, during, and after a flood, such as a hospital, emergency operations center, electric substation, police station, fire station, nursing home, school, vehicle and equipment storage facility, or shelter; and facilities that, if flooded, would make the flood problem and its impacts much worse, such as hazardous materials facility, power generation facility, water utility, or wastewater treatment plant.

DATUM: The vertical datum is a base measurement point (or set of points) from which all elevations are determined. Historically, that common set of points was the National Geodetic Vertical Datum of 1929 (NGVD29). The vertical datum currently adopted by the Federal government as a basis for measuring heights is the North American Vertical Datum of 1988 (NAVD88).

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Pursuant to Idaho Code sections 46-1021; 46-1022 "development" specifically including the construction of berms, dikes and levees and does not include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized by the owner thereof pursuant to lawful rights and obligations. Note: Should the State alter or repeal any portion of this definition or should a court of competent jurisdiction decide that any portion of this definition is unlawful or invalid, such decision shall only affect those specific sections and the remaining portions of the definition shall remain in full force and effect.

DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as; the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials; the construction or elevation of dikes, berms and levees.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM): The digital official map of a community, issued by the Federal Insurance Administrator, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

ELEVATION CERTIFICATE: An administrative tool of the NFIP that is used to provide elevation information, to determine the proper flood insurance premium rate; and it may be used to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision Based On Fill (LOMR-F).

ENCLOSURE: An area enclosed by solid walls below the BFE/FPE or an area formed when any space below the BFE/FPE is enclosed on all sides by walls or partitions. Insect screening or open wood lattice used to surround space below the BFE/FPE is not considered an enclosure.

ENCROACHMENT: The advance or infringement of uses, fill, excavation, buildings, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision where the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before the effective date of the original floodplain management regulations adopted by the community, June 17, 1975.

EXISTING STRUCTURES: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. May also be referred to as "existing construction".

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with the overall responsibility for administering the national flood insurance program.

FLOOD ELEVATION STUDY: See definition of Flood Insurance Study (FIS).

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY (FIS): An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source;

(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or

(4) The collapse of subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition.

FLOOD PROTECTION ELEVATION (FPE): The base flood elevation plus the freeboard.

FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees, or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

FLOOD ZONE: A geographical area shown on a Flood Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area, and applicable insurance rate.

FLOODPLAIN ADMINISTRATOR: The individual appointed to administer and enforce the floodplain management regulations.

FLOODPLAIN DEVELOPMENT PERMIT: Any type of permit that is required in conformance with the provisions of this article, prior to the commencement of any development activity.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of "flooding").

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

FREEBOARD: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams and the hydrologic effects of urbanization in a watershed. The base flood elevation (BFE) plus the freeboard establishes the flood protection elevation (FPE). Freeboard shall be one foot (1').

FUNCTIONALLY DEPENDENT USE: A facility that cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair facilities. The term does not include long term storage, manufacture, sales, or service facilities.

HIGHEST ADJACENT GRADE (HAG): The highest natural elevation of the ground surface prior to construction, adjacent to the proposed walls of a structure. Refer to the FEMA Elevation Certificate for HAG related to building elevation information.

HISTORIC STRUCTURE: A structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3) Individually listed on a State Inventory of Historic Places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior, or

(4) Individually listed on a Local Inventory of Historic Places and determined as eligible by communities with historic preservation programs that have been certified either:

A. By an approved State program as determined by the Secretary of the Interior, or

B. Directly by the Secretary of the Interior in states without approved programs.

LETTER OF MAP CHANGE (LOMC): A general term used to refer to the several types of revisions and amendments to FIRMs that can be accomplished by letter. They include:

(1) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map. A LOMA establishes a property's or structure's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property or structure has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation.

(2) Letter of Map Revision (LOMR): FEMA's modification to an effective Flood Insurance Rate Map (FIRM). LOMR's are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report.

(3) Letter of Map Revision Based On Fill (LOMR-F): FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. The LOMR-F does not change the FIRM or FIS report.

(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map (FIRM) or Flood Insurance Study (FIS). Upon submission and approval of certified as-built documentation, a Letter of Map Revision (LOMR) may be issued by FEMA to revise the effective FIRM. Building permits and/or flood development permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

LEVEE: A manmade structure, usually an earthen embankment, designed and constructed according to sound engineering practices, to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

LEVEE SYSTEM: A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

LOWEST ADJACENT GRADE (LAG): The lowest point of the ground level next to the structure. Refer to the FEMA Elevation Certificate for LAG related to building elevation information.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR section 60.3 and this article.

MANUFACTURED HOME: See definition in section 07-02-03 of this chapter.

MARKET VALUE: The building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

MEAN SEA LEVEL: For purposes of the national flood insurance program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's FIRM are referenced.

MUDSLIDE (i.e., MUDFLOW): Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground preceded by a period of unusually heavy or sustained rain. A mudslide may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP): The NFIP is a Federal program created by Congress to mitigate future flood losses nationwide through sound, community-enforced Building and Zoning Ordinance and to provide access to affordable, Federally backed flood insurance protection for property owners.

NEW CONSTRUCTION: For floodplain management purposes, a structure for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Any construction started after September 28, 1984 and before the effective start date of this article is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within one hundred eighty (180) days of permit issuance.

POST-FIRM: Construction or other development for which the "start of construction" occurred on or after the effective date of the initial Flood Insurance Rate Map (FIRM).

PRE-FIRM: Construction or other development for which the "start of construction" occurred before September 28, 1984, the effective date of the initial Flood Insurance Rate Map (FIRM).

RECREATIONAL VEHICLE: A vehicle that is:

(1) Built on a single chassis, and

(2) Four hundred (400) square feet or less when measured at the largest horizontal projection, and

(3) Designed to be self-propelled or permanently towed by a light duty truck, and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel and seasonal use.

REPETITIVE LOSS STRUCTURE: An NFIP-insured structure that has had at least two (2) paid flood losses of more than one thousand dollars ($1,000.00) each in any 10-year period since 1978.

RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard".

START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of a building.

STRUCTURE: A walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.

SUBDIVISION: See section 07-02-03 of this chapter.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of its market value before the damage occurred. See definition of "substantial improvement". Substantial damage also means flood-related damage sustained by a structure on two (2) separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of State or local Health, Sanitary, or Safety Code specifications, which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure" and the alteration is approved by variance issued pursuant to this article.

TEMPERATURE-CONTROLLED: Having the temperature regulated by a heating and/or cooling system, built-in or appliance.

VARIANCE: A grant of relief by the Floodplain Administrator from a requirement of the Flood Hazard Overlay Zone.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Finished Construction Elevation Certificate, other certifications, or other evidence of compliance required within 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 (or other specified datum), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE: A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourses includes specifically designated areas in which substantial flood damage may occur. (Ord. 19-038, 8-30-2019)

07-10A-05: GENERAL PROVISIONS:


(1) Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of Canyon County. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by the Zoning Ordinance.


(2) Basis For Area Of Special Flood Hazard: The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS) for Canyon County, Idaho, and Incorporated Areas", dated June 7, 2019, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at the Office of the Development Services Department 111 North 11th Avenue, Suite 140, Caldwell, Idaho, of Canyon County.


(3) Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 07-10A-09 of this article.


(4) Interpretation: In the interpretation and application of this article, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the Governing Body; and

C. Deemed neither to limit nor repeal any other powers granted under State Statutes.


(5) Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations.


(6) Abrogation And Greater Restrictions: This article shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. However, where this article and others conflict or overlap, whichever imposes more stringent or greater restrictions shall control.


(7) Warning And Disclaimer Of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Canyon County or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder.


(8) Penalties For Violation: Penalties for violations of this article shall be processed in accord with the provisions of article 19 of this chapter. (Ord. 19-038, 8-30-2019)

07-10A-07: ADMINISTRATION:


(1) Designation Of Floodplain Ordinance Administrator: The Director of Development Services, or designee, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement the provisions of this article. (Based on comments from FEMA Region 10.)


(2) Duties: The Floodplain Administrator shall perform, but not be limited to, the following duties:

A. Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.

B. Review all proposed development within special flood hazard areas to assure that all necessary local, State and Federal permits have been received, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.

C. Notify adjacent communities and the Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) prior to any alteration or relocation of a watercourse and submit evidence of such notification by means of a LOMC to the Federal Insurance Administrator (FIA).

D. Assure by means of a hydraulic and hydrology analysis that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

E. Prevent encroachments into floodways unless the certification and flood hazard reduction provisions of subsection 07-10A-11(4) of this article are met.

F. Obtain and maintain actual elevation (in relation to mean sea level) of the lowest floor (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of subsection 07-10A-09(3) of this article.

G. Obtain and maintain actual elevation (in relation to mean sea level) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of subsection 07-10A-09(3) of this article.

H. Review plans to verify public utilities are constructed in accordance with the provisions of subsections 07-10A-11(1)E through (1)G of this article.

I. When floodproofing is utilized for a particular structure, obtain and maintain certifications from a registered professional engineer or architect in accordance with the provisions of subsections 07-10A-09(3)B and 07-10A-11(2)B of this article.

J. Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, and floodways (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity through application of a LOMC from FEMA to appeal the interpretation as provided in this article.

K. When base flood elevation (BFE) data has not been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, obtain, review, and reasonably utilize any BFE data, along with floodway data available from a Federal, State, or other source, including data developed pursuant to subsection 07-10A-11(3)A2 of this article, in order to administer the provisions of this article.

L. When base flood elevation (BFE) data is provided but no floodway data has been provided in accordance with the provisions of subsection 07-10A-05(2) of this article, require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot (1') at any point within the community.

M. Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

N. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator may make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of the proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. The stop-work order shall constitute a request for voluntary compliance under section 07-19-01 of this chapter provided the stop-work-order is in substantial compliance with the form and procedure for a voluntary request for compliance required by that section.

O. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked.

P. Make periodic inspections throughout the special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her Inspections Department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

Q. Administer requests for variances in compliance with section 07-10A-13 of this article.

R. Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other official flood maps, and studies adopted in accordance with the provisions of subsection 07-10A-05(2) of this article, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify the NFIP State Coordinator and FEMA of your community's mapping needs.

S. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based On Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).

T. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Insurance Administrator (FIA) of the changes by submitting technical or scientific data in accordance with volume 44 Code of Federal Regulations section 65.3. Such a submission is necessary to that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

U. Upon occurrence, notify the Federal Insurance Administrator (FIA) in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that FIRMs accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. (Ord. 19-038, 8-30-2019)

07-10A-09: FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS:


(1) Application Requirements: Upon determination by the Floodplain Administrator, an application for a floodplain development permit shall be made prior to any development activities located within the special flood hazard areas. The following items shall be presented to apply for a floodplain development permit:

A. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

1. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

2. The boundary of the special flood hazard area as delineated on the FIRM as determined in subsection 07-10A-05(2) of this article, or a statement that the entire lot is within the special flood hazard area;

3. The flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in subsection 07-10A-05(2) of this article;

4. The boundary of the floodway(s) as determined in subsection 07-10A-05(2) of this article;

5. The base flood elevation (BFE) where provided as set forth in subsections 07-10A-05(2) and (3); or subsection 07-10A-11(3) of this article;

6. The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and

7. The certification of the plot plan by a registered land surveyor or professional engineer.

B. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

1. Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures;

2. Elevation in relation to mean sea level to which any non-residential structure in Zone A, AE, AH, and AO will be floodproofed; and

3. Elevation in relation to mean sea level to which any proposed utility equipment and machinery will be elevated or floodproofed.

C. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-33) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures will be required prior to Certificate of Occupancy/Completion.

D. A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this article are met. These details include but are not limited to:

1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation, or on columns/posts/piers/piles/shear walls); and

2. Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with subsection 07-10A-11(1)H2 of this article when solid foundation perimeter walls are used in Zones A, AE, AH, and AO.

E. Usage details of any enclosed areas below the lowest floor.

F. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

G. Certification that all other local, State, and Federal permits required prior to floodplain development permit issuance have been received.

H. Documentation for placement of recreation vehicles and/or temporary structures, when applicable, to ensure that the provisions of subsection 07-10A-11(2)E of this article are met.

I. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream.


(2) Permit Requirements: The floodplain development permit shall include, but not be limited to:

A. A complete description of all the development to be permitted under the floodplain development permit (i.e., house, garage, pool, septic, bulkhead, cabana, pole barn, chicken coop, pier, bridge, mining, dredging, filling, rip-rap, docks, grading, paving excavation or drilling operations, or storage of equipment or materials, etcetera).

B. The special flood hazard area determination for the proposed development in accordance with available data specified in subsection 07-10A-05(2) of this article.

C. The flood protection elevation required for the lowest floor and all attendant utilities.

D. The flood protection elevation required for the protection of all utility equipment and machinery.

E. All certification submittal requirements with timelines.

F. A statement that no fill material or other development shall encroach into the floodway of any watercourse, as applicable.

G. The flood openings requirements.

H. All floodplain development permits shall be conditional upon the start of construction of work within one hundred eighty (180) days after issuance unless the permitted activity has commenced as per the start of construction definition.

I. Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access or storage.

J. All materials below BFE/FPE must be flood resistant materials.


(3) Certification Requirements:

A. Elevation Certificates:

1. A Construction Drawings Elevation Certificate (form provided by FEMA) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor, in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

2. A Final As Built Finished Construction Elevation Certificate (form provided by FEMA) is required after construction is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the lowest floor and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate certifier shall provide at least two (2) photographs showing the front and rear of the building taken within ninety (90) days from the data certification. The photographs must be taken with views confirming the building description and diagram number provided in section A of the certificate. To the extent possible, these photographs should show the entire building including foundation. If the building has split-level or multi-level areas, provide at least two (2) additional photographs showing side views of the building. In addition, when applicable, provide a photograph of the foundation showing a representative example of the flood openings or vents. All photographs must be in color and measure at least 3" x 3". Digital photographs are acceptable.

B. Floodproofing Certificate: If non-residential floodproofing is used to meet the flood protection elevation requirements, design plans, with supporting data, an operation plan and an inspection and maintenance plan are required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the lowest floor and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Prior to request for a Certificate of Compliance/Occupancy a Floodproofing Certificate (FEMA 086-0-34) shall be provided to the Floodplain Administrator for review and approval.

C. Manufactured Home: If a manufactured home is placed within Zone A, AE, AH, and AO, and the elevation of the chassis is more than thirty six inches (36") in height above grade, an engineered foundation certification is required in accordance with the provisions of subsection 07-10A-11(2)D2 of this article.

D. Alter Or Relocate Watercourse: If a watercourse is to be altered or relocated, the following shall all be submitted by the permit applicant prior to issuance of a floodplain development permit:

1. A description of the extent of watercourse alteration or relocation; and

2. A professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and

3. A map showing the location of the proposed watercourse alteration or relocation; and

4. An Idaho stream channel alteration permit approval shall be provided by the applicant to the Floodplain Administrator.

E. Certification Exemptions: The following structures are exempt from the elevation/floodproofing certification requirements specified in subsections (3)A and (3)B of this section:

1. Recreational vehicles meeting requirements of subsection 07-10A-11(2)E of this article;

2. Temporary structures meeting requirements of subsection 07-10A-11(2)F of this article; and

3. Accessory structures one thousand five hundred (1,500) square feet or less meeting requirements of subsection 07-10A-11(2)G of this article. (Ord. 19-038, 8-30-2019)

07-10A-11: PROVISIONS FOR FLOODPLAIN HAZARD REDUCTION:


(1) General Standards: In all special flood hazard areas the following provisions are required:

A. All new construction, substantial improvements, and development shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. All new construction, substantial improvements, and development shall be constructed with materials and utility equipment resistant to flood damage.

C. All new construction, substantial improvements, and development shall be constructed by methods and practices that minimize flood damages.

D. All new and replacement electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding to the flood protection elevation. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric outlets/switches.

E. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

F. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

G. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

H. A fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor used solely for parking, access, and storage shall:

1. Be constructed entirely of flood resistant materials at least to the flood protection elevation; and

2. Include, in Zones A, AE, AH, and AO, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

(A) A minimum of two (2) flood openings on different sides of each enclosed area subject to flooding;

(B) The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

(C) If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

(D) The bottom of all required flood openings shall be no higher than one foot (1') above the grade;

(E) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

(F) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or flood resistant wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

I. Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article.

J. New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the flood protection elevation and certified in accordance with the provisions of subsection 07-10A-09(3) of this article.

K. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage and determined to be reasonably safe from flooding.

L. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

M. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

N. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act amendments of 1972, 33 USC 1334.

O. All subdivision proposals and other development proposals greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data.

P. When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

Q. When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the highest base flood elevation (BFE) shall apply.


(2) Specific Standards: In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in subsection 07-10A-05(2) of this article, the following provisions, in addition to the provisions of subsection (1) of this section, are required:

A. Residential Construction: New construction, substantial improvements, and development of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than the flood protection elevation, as defined in section 07-10A-03 of this article.

B. Non-Residential Construction: New construction, substantial improvements, and development of any commercial, industrial, or other non-residential structure shall have the lowest floor, including basement, elevated no lower than the flood protection elevation as defined in section 07-10A-03 of this article. Structures located in Zones A, AE, AH, and AO may be floodproofed to the flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AH and AO Zones, the floodproofing elevation shall be in accordance with subsection (5)B of this section. A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection 07-10A-09(3) of this article, along with the operational plan and the inspection and maintenance plan.

C. Additions/Improvements:

1. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(A) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure; or

(B) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

2. Additions to non-compliant post-FIRM structures that are a substantial improvement with modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

3. Additions and/or improvements to non-compliant post-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:

(A) Not substantial improvement, the addition and/or improvements only must comply with the standards for new construction; or

(B) A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

D. Manufactured Home Standards:

1. New and replacement manufactured homes shall be elevated so that the lowest floor of the manufactured home is not lower than the flood protection elevation, as defined in section 07-10A-03 of this article.

2. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the Idaho Division of Building Safety's "Idaho Manufactured Home Installation Standard" in accordance with Idaho Code section 44-2201(2). Additionally, when the elevation would be met by an elevation of the chassis thirty six inches (36") or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty six inches (36") in height, an engineering certification is required.

3. All enclosures or skirting below the lowest floor shall meet the requirements of subsections (1)H1 and (1)H2 of this section.

4. An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within a flood prone area. This plan shall be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.

E. Recreational Vehicles: Temporary placement of recreational vehicles shall:

1. Be on site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions); or

F. Temporary Non-Residential Structures: Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:

1. A specified time period for which the temporary use will be permitted. Time specified may not exceed six (6) months, renewable up to one year;

2. The name, address, and phone number of the individual responsible for the removal of the temporary structure;

3. The time frame prior to the event at which a structure will be removed (i.e., immediately upon flood warning notification);

4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and

5. Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.

G. Accessory Structures:

1. Accessory Structures (Footprint Greater Than 1,500 Square Feet): When accessory structures (sheds, detached garages, etc.) used solely for parking, and storage are to be placed within a special flood hazard area, elevation or floodproofing certifications are required for all accessory structures in accordance with subsection 07-10A-09(3) of this article, and the following criteria shall be met:

(A) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking, or restroom areas);

(B) Accessory structures shall not be temperature-controlled;

(C) Accessory structures shall be designed to have low flood damage potential;

(D) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;

(E) Accessory structures shall be firmly anchored in accordance with the provisions of subsection (1)A of this section. All utility equipment and machinery, such as electrical, shall be installed in accordance with the provisions of subsection (1)D of this section; and

(F) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below flood protection elevation in conformance with the provisions of subsection (1)H of this section.

2. Accessory Structures (1,500 Square Feet Or Less): An accessory structure with a footprint less than one thousand five hundred (1,500) square feet that satisfies the criteria outlined in subsections (2)G1(A) through (2)G1(F) of this section is not required to provide the elevation certificate per subsection (2)B of this section.

3. Accessory Structures Not Used Solely For Parking Access And Storage: Accessory structures not used solely for parking access, and storage must be elevated per subsections (2)A and (2)B of this section.

H. Tanks: When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

1. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the base flood, including the effects of buoyancy (assuming the tank is empty);

2. Elevated above-ground tanks, in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the base flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;

3. Not elevated above-ground tanks may be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood-borne debris;

4. Tank inlets, fill opening, outlets and vents shall be:

(A) At or above the flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the base flood; and

(B) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the base flood.

I. Construction Of Below-Grade Crawlspace:

1. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, must not exceed four feet (4') at any point.

2. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.

3. The velocity of floodwaters at the site should not exceed five feet (5') per second for any crawlspace.

J. Other Development In Floodways:

1. Fences that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, in regulated floodways shall meet the limitations of subsection (4) of this section.

2. Retaining walls, bulkheads, sidewalks, and driveways that involve the placement of fill in regulated floodways shall meet the limitations of subsection (4) of this section.

3. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings, and similar means for vehicles or pedestrians to travel from one side of the watercourse to the other side, which encroach into regulated floodways, shall meet the limitations of subsection (4) of this section.

4. Drilling water, oil, and/or gas wells including fuel storage tanks, apparatus, and any equipment at the site that encroach into regulated floodways shall meet the limitations of subsection (4) of this section.

5. Docks, piers, boat ramps, marinas, moorings, decks, docking facilities, port facilities, ship building, and ship repair facilities that encroach into regulated floodways shall meet the limitations of subsection (4) of this section.

6. Gravel and sand extraction: See sections 07-14-17 and 07-14-19 of this chapter.

K. Subdivision Plats In Flood Zone:

1. Development Plan: For any proposed subdivision that is located within a map floodplain, the developer/applicant shall provide a development plan of adequate scale and supporting documentation that demonstrates consistency with subsection (1) of this section and includes the following:

(A) Location of all planned improvements;

(B) The location of floodways and the floodway fringe in accordance with sound engineering practices;

(C) The location of the present water channel;

(D) Any planned rerouting of waterways;

(E) All major drainageways;

(F) Areas of frequent flooding;

(G) Means of floodproofing buildings; and

(H) Means of insuring loans for improvements within the floodplain.

2. Review: To give additional guidance in approving any proposed subdivision within a floodplain, the commission shall review proposed developments considering the new construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood; and for new construction or substantial improvements of nonresidential structures, the lowest floor (including basement) shall be elevated to or above the level of the 100-year flood, or together with attendant utility and sanitary facilities, shall be floodproofed up to the level of the 100-year flood.

3. Justification For Development: Upon determination that buildings are planned within the floodplain or that alterations of any kind are anticipated within the floodplain area that will alter the flow of water, the developer/applicant shall demonstrate conclusively that such development will not present a hazard to life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel and not have an adverse impact on the natural environment. Justification shall be submitted in letter form with the preliminary plat.

4. Appropriateness Of Subdivision: In determining the appropriateness of subdivision for land located within the floodplain, the presiding party and board shall consider the objectives of this chapter and at least the following upon consideration of the preliminary plat:

(A) The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses;

(B) The danger that intended uses may be swept on the other lands or downstream to the injury of others;

(C) The adequacy of proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions;

(D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(E) The importance of the services provided by the proposed facility to the community;

(F) The requirements of the subdivision for a waterfront location;

(G) The availability of alternative locations not subject to flooding for the proposed subdivision and land uses;

(H) The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future;

(I) The relationship of the proposed subdivision to the comprehensive plan and any floodplain management programs for the area;

(J) The safety of access to the property for emergency vehicles in times of flood;

(K) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

(L) The cost of providing governmental services during the after flood conditions including maintenance and repair of public utilities such as sewer, gas, electrical and water systems, and streets and bridges.

(M) No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or danger. If only part of the proposed subdivision can be safely developed, development shall be limited to that part and the County shall require development to proceed consistent with that determination.

5. Floodproofing Plans: Floodproofing plans must be individually approved by the Board upon recommendation from the commission before such uses are constructed. Floodproofing may include, but not be limited to, the following:

(A) Anchorage to resist flotation and lateral movement;

(B) Installation of watertight doors, bulkheads and shutters or similar methods of closure;

(C) Reinforcement of walls to resist water pressure;

(D) Use of paints, membranes or mortars to reduce seepage of water through walls;

(E) Addition of mass or weight to structures to resist flotation;

(F) Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation walls and basement flood pressures;

(G) Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters;

(H) Installation of pumps or comparable facilities for subsurface drainage systems to relieve external foundation wall and basement flood pressures;

(I) Building design and construction to resist rupture or collapse caused by water pressure or floating debris;

(J) Installation of valves or controls on sanitary and storm drains which permit the drains to be closed to prevent backup of sewage and stormwaters into buildings or structures;

(K) Location and installation of all electrical equipment, circuits and electrical appliances so that they are protected from inundation by the regulatory flood; and

(L) Location of storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic material which could be hazardous to public health, safety and welfare at elevations above the height associated with the regulatory protection elevation or design of such facilities to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

L. Critical Facilities: Applications for the construction of a critical facility shall include a statement from a licensed engineer specifying the design flood event and base flood elevations.


(3) Standards For Floodplains Without Established Base Flood Elevations: Within the special flood hazard areas designated as Zone A (also known as unnumbered A Zones) and established in subsection 07-10A-05(2) of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of subsection (1) of this section, shall apply:

A. The BFE used in determining the flood protection elevation (FPE) shall be determined based on the following criteria:

1. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this article and shall be elevated or floodproofed in accordance with standards in subsections (1) and (2) of this section.

2. When floodway data is available from a Federal, State or other source, all new construction and substantial improvements with the floodway areas shall also comply with the requirements of subsections (2) and (4) of this section.

3. Require that all new subdivision proposals and other proposed developments (including proposals for subdivisions greater than 50 lots or 5 acres, whichever is the lesser), include within such proposals base flood elevation data. Such base flood elevation (BFE) data shall be adopted by reference in accordance with subsection 07-10A-05(2) of this article and utilized in implementing this article.

4. When base flood elevation (BFE) data is not available from a Federal, State or other source as outlined above, the lowest floor shall be elevated or floodproofed (non-residential) to two feet (2') above the highest adjacent grade (HAG) at the building site or to the flood protection elevation (FPE) whichever is higher, as defined in section 07-10A-03 of this article. All other applicable provisions of subsection (2) of this section shall also apply.


(4) Standards For Floodways: Areas designated as floodways located within the special flood hazard areas established in subsection 07-10A-05(2) of this article. The floodways are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsections (1) and (2) of this section, shall apply to all development within such areas:

A. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:

1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practices and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or

2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within six (6) months of completion of the proposed encroachment.

B. If subsection (4)A of this section is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.

C. Manufactured homes may be permitted provided the following provisions are met:

1. The anchoring and the elevation standards of subsection (2)D of this section; and

2. The encroachment standards of subsection (4)A of this section.


(5) Standards For Areas Of Shallow Flooding (Zone AO And AH): Areas designated as shallow flooding areas have special flood hazards associated with base flood depths of one foot (1') to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsections (1) and (2) of this section, all new construction and substantial improvements shall meet the following requirements:

A. The lowest floor shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of one foot (1'), above the highest adjacent grade; or at least two feet (2') above the highest adjacent grade if no depth number is specified. A minimum of two feet (2') is required and four feet (4') is recommended where a depth is not provided.

B. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection (5)A of this section so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with subsection 07-10A-09(3) of this article, and subsection (2)B of this section.

C. Accessory structure (sheds, detached garages, etc.):

1. Used solely for parking, access, and storage:

(A) Shall have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of one foot (1'), above the highest adjacent grade; or at least two feet (2') above the highest adjacent grade if no depth number is specified. A minimum of two feet (2') is required and four feet (4') is recommended where a depth is not provided; or

(B) Shall have flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Flood Protection Elevation in conformance with the provisions of subsection (1)H of this section.

2. Not used solely for parking, access, and storage:

(A) Shall be elevated per subsections (2)A and (2)B of this section.

D. Adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 19-038, 8-30-2019)

07-10A-13: VARIANCE PROCEDURES:


(1) Application And Process:

A. An application for a variance must be submitted to the Floodplain Administrator on the form provided by the Canyon County Development Services Department and include, at a minimum, the same information required for a development permit, an explanation for the basis for the variance request and appropriate fee.

B. Upon receipt of a completed application for a variance, the variance request will be reviewed by the Floodplain Administrator. Compliance with granting a variance shall be within the discretion of the Floodplain Administrator following a full review of the facts as stated on the application and as a result of the required agency notification.

C. Prior to decision by the Floodplain Administrator, notice of the variance request will be provided to the applicable Flood District and Idaho Department of Water Resources State Coordinator for the National Flood Insurance Program (NFIP) at least fifteen (15) days prior to decision by the Floodplain Administrator.

D. The burden to show that the variance is warranted and meets the criteria set out herein is on the applicant.


(2) Issuance: Variances shall only be issued:

A. Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances;

B. For the repair, rehabilitation or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure;

C. Upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

D. Upon showing of good and sufficient cause;

E. Upon determination that failure to grant the variance would result in exceptional hardship to the applicant;

F. Upon showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity of water. This includes only facilities defined in section 07-10A-03 of this article in the definition of "functionally dependent use".


(3) Variance Criteria:

A. In considering variance applications, Canyon County shall consider all technical evaluations, all relevant factors, standards specified in other sections of this article, and:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location as defined under section 07-10A-03 of this article as a functionally dependent facility, where applicable;

6. The availability of alternative locations, not subject to flooding or erosion damage for the proposed use;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

B. Variances shall not be issued within any floodway if any increase in flood levels during the base flood discharge would result.


(4) Variance Decision: The decision to either grant or deny a variance shall be in writing and shall set forth the reasons for such approval and denial. If the variance is granted, the property owner shall be put on notice along with the written decision that the permitted development will have its lowest floor below the flood protection elevation and that the cost of flood insurance likely will be commensurate with the increased flood damage risk. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance. (Ord. 19-038, 8-30-2019)

07-10A-15: APPEALS:


(1) Hearing And Decision: The Board of Canyon County Commissioners shall hear and decide appeals from the interpretations of the Floodplain Administrator.


(2) Filing: An appeal must be filed with the Floodplain Administrator within fourteen (14) days of the date of any permit denial or interpretation of the Administrator. Failure to timely file an appeal shall be considered a failure to exhaust the administrative remedies. The appeal must set out the interpretation of the Floodplain Administrator and a narrative setting forth the facts relied upon by the appellant and the appellant's claim regarding the error in the interpretation.


(3) Ruling: Upon receipt of a completed appeal, the appeal will be scheduled for the next available Board of Commissioners meeting to be heard. The Board of Commissioners shall consider the following in ruling on an appeal:

A. All technical evaluations, all relevant factors, standards specified in this section, including:

1. The danger that materials may be swept onto other lands to the injury of others;

2. The danger to life and property due to flooding or erosion damage;

3. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual landowner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity of the facility to a waterfront location, where applicable;

6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9. The safety of access to the property in times of flooding for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

11. The cost of providing government services during and after flood conditions;

12. Including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.


(4) Decision: The Board of Commissioners' decision on appeal shall be in writing and set out the facts, technical information and the legal basis for the decision. (Ord. 19-038, 8-30-2019)

07-10A-17: LEGAL STATUS PROVISION:


(1) Effect On Rights And Liabilities Under The Existing Flood Damage Prevention Ordinance: This article, in part, comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance enacted September 28, 1984 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this article shall not affect any action, suit, or proceeding instituted or pending. All provisions of the Flood Damage Prevention Ordinance of Canyon County enacted on September 28, 1984, as amended, which are not reenacted herein are repealed.


(2) Effect Upon Outstanding Floodplain Development Permits: Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her authorized agents before the time of passage of this article. Provided, however, that when construction is not begun under such outstanding permit within a period of one hundred eighty (180) days subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this article. (Ord. 19-038, 8-30-2019)






CHAPTER 10B
AIRPORT OVERLAY ZONE

07-10B-01: PURPOSE:

The purpose of the AP (Airport Overlay) Zone is to provide zoning protection to the present and long term use of airports and airport facilities. Uses within the AP Zone are generally associated with airport related activities, open space and agricultural uses which are harmonious with the use of airports. The AP Zone is superimposed over other zones. (Ord. 19-038, 8-30-2019)
07-10B-03: USES ALLOWED AND PERMITTED:


(1) A use is allowed or permitted within the AP Zone only by approval of the commission after a hearing held pursuant to the conditional use permit procedure as set forth in article 7 of this chapter.


(2) All uses allowed and all uses permitted by conditional use permit in the respective zone over which the AP Zone is superimposed are appropriate, but uses of airports and airport related facilities such as radio facilities, directional aids to navigation and other structures or facilities as may be determined to be essential to air navigation and operation, agriculture uses, structures used for the habitation of people, and those uses, operations or structures where people might congregate or meet may be approved by the commission only following the conditional use permit procedure. The commission shall not permit a use which would conflict with the airport presently or in the future, unless the conflict can be avoided by imposition of special conditions.


(3) Utility distribution facilities not in violation of any applicable Federal airport standard or regulation applicable to the airport. (Ord. 19-038, 8-30-2019)

07-10B-05: CONFLICT:

If any of the regulations specified in article 10A, "Flood Hazard Overlay Zone", of this chapter differ from regulations in this article, then the regulations of article 10A, "Flood Hazard Overlay Zone", of this chapter shall govern. (Ord. 19-038, 8-30-2019)
07-10B-07: OTHER CONSIDERATIONS:


(1) In evaluating a proposed land use, the presiding party shall consider the following:

A. Evaluation of the effect of a proposed use on airport facilities will be made based not only on a single use acting alone but upon the reasonable assumption that other landowners within the AP (Airport Overlay) Zone may need or desire to establish similar land uses. As such, accumulative effects will be considered in making decisions.

B. Different construction material and methods may be required for sound control purpose beyond those normally required to avoid adverse effects from noise.

C. Auditoriums, churches, schools, hospitals, theaters, and other uses where congregations of people are common, shall be avoided whenever possible.

D. Criteria related to the established noise contours for the airport shall be used in considering conditional use permit applications.

E. Criteria related to Federal Aviation Administration Regulations shall be used in considering conditional use permit applications.

F. Input from government entities. (Ord. 19-038, 8-30-2019)

07-10B-09: NONLIABILITY CLAUSE:


(1) The granting of a conditional use permit for a use in the AP Zone shall not constitute a representation, guarantee, or warranty of any kind or nature by the commission or the Board or by any office or employee thereof of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 19-038, 8-30-2019)






CHAPTER 11
NONCONFORMING USES

07-11-01: PURPOSE:

The purpose of this article is to allow any nonconforming property, use, or structure that was lawfully existing prior to the effective date of this chapter to continue until they are removed, but not to encourage their continuation. It is further the intent of this article that nonconforming uses shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to the regulations of this chapter. (Ord. 19-001, 1-11-2019)
07-11-03: APPLICABILITY:


(1) These regulations shall apply to any lawfully existing nonconforming property, use, or structure in Canyon County, except: In the event that a property, use, or structure that was deemed nonconforming under past zoning regulations now complies with the standards of this chapter, such property, use, or structure shall be deemed conforming.


(2) These regulations shall apply to properties that were not created in accord with the regulations of this chapter (an illegal division of property) and that were of record in the Canyon County Recorder's Office prior to September 6, 1979, the boundaries of which shall not have changed except by governmental action.

A. A property shall be deemed conforming and shall be eligible for building permits if it meets the dimensional standards for the base district in which it is now located.

B. A property shall be deemed nonconforming and shall be eligible for building permits if it meets one of the following standards:

1. The property met the dimensional standards for the applicable base district at the time it was created.

2. A dwelling, as herein defined, was constructed or placed on the property prior to September 6, 1979 provided, in the event that the dwelling is subsequently damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event after September 6, 1979, the property remains eligible for a building permit. (Ord. 19-001, 1-11-2019)

07-11-05: NONCONFORMING PROPERTY:


(1) The nonconforming property shall not be further diminished in size.


(2) Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Director proving the following:

A. The property was in compliance with the minimum property size requirement of the applicable zoning district prior to the decrease in property size; and

B. The decrease in property size was caused by acquisition through prescription, purchase, or other means by Canyon County, a municipality within Canyon County, a highway district within Canyon County, Idaho Transportation Department, utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency. (Ord. 19-001, 1-11-2019)

07-11-07: NONCONFORMING USE:


(1) The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, unless approved subject to the regulations of this chapter.


(2) For the purposes of this article, the term "expanded or extended" shall include, but not be limited to: increased hours; increased services or programs; increased number of residential dwellings; interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use (see Canyon County Building Code as set forth in chapter 6 of this Code); any new structures accessory to the nonconforming use; expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use; anything beyond regular maintenance and minor repairs (as required by the Canyon County Building Code as set forth in chapter 6 of this Code); and any action that extends the duration of the nonconforming use.


(3) If a nonconforming use has ceased for ten (10) years or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time.


(4) A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this chapter upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of the current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within ten (10) years of the event. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time. (Ord. 19-001, 1-11-2019)

07-11-09: NONCONFORMING STRUCTURE:


(1) Nonconforming structures may be enlarged or modified, provided that the additions or modifications to the structure conform to the requirements of this chapter.


(2) A nonconforming structure that is damaged more than seventy five percent (75%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this chapter upon restoration or reconstruction. If the damage to the nonconforming structure is seventy five percent (75%) or less of the current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. (Ord. 19-001, 1-11-2019)

07-11-11: VIOLATIONS:

Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this chapter shall be considered continuing violations. (Ord. 19-001, 1-11-2019)





CHAPTER 12
CERTIFICATES OF ZONING COMPLIANCE

07-12-01: PROVISIONS FOR CERTIFICATE OF ZONING COMPLIANCE:


(1) Certificate Of Zoning Compliance Required: A certificate of zoning compliance is required for all structures requiring a building permit, and for agricultural structures exempt from the requirement to obtain a building permit. An application for a certificate of zoning compliance shall be on a form approved by the director. The application shall be filed with the DSD and accompanied by a filing fee as established by the adopted fee schedule.


(2) Illuminated Address Numbers: Address numbers for dwellings shall be illuminated for emergency services prior to issuance of a certificate of occupancy.


(3) Division Of Land: No certificate of zoning compliance for a new dwelling shall be issued until the subject property, if divided, has been divided according to county ordinances and has access as required in section 07-10-03 of this chapter. However, an existing dwelling located on a parcel of land that was not divided in accordance with county ordinance provisions for the division of land may be rebuilt or replaced.


(4) Hazardous Material Storage: The storage of any hazardous materials, as defined by title 40 of CFR part 261, shall require a list of those materials to be submitted to the Canyon County sheriff's office, the Canyon County paramedics, DSD, and the applicable fire district, prior to issuance of a certificate of zoning compliance.


(5) Expiration Of Certificate Of Zoning Compliance: A certificate of zoning compliance is valid as long as the building permit for the applied-for structure is valid. For agricultural structures exempt from the requirement to obtain a building permit, a certificate of zoning compliance expires upon failure to obtain a setback inspection within one hundred eighty (180) calendar days from the date of issuance of the certificate of zoning compliance. (Ord. 10-006, 8-16-2010)






CHAPTER 13
OFF STREET PARKING AND LOADING REQUIREMENTS

07-13-01: OFF STREET PARKING AND LOADING:


(1) When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other unit of measurement requiring parking or loading facilities, such parking and loading facilities shall be increased to provide for the intensity of use.


(2) Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.


(3) Access roads from state and local highway district highways into parking areas as required herein for commercial and industrial uses shall be forty feet (40') wide at the curb line.


(4) No lawfully existing building shall be deemed to be a nonconforming building solely because of the lack of any such required spaces; provided, that space being used for off street parking or loading in connection with any such building at the time of the effective date hereof shall not be further reduced in area or capacity.


(5) When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half (1/2) shall be adjusted to the next highest whole number of spaces.


(6) Parking space requirements for a use not specifically mentioned in this article shall be the same as for a use specified which has similar traffic generating characteristics.


(7) Except as required for dwellings and motels, off street parking facilities for several buildings, structures or uses, or for mixed uses, may be provided collectively if the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.


(8) Every open off street parking area having more than four (4) parking spaces shall be hard surfaced.


(9) Lighting used to illuminate off street parking areas shall be directed away from residential properties.


(10) Off street parking areas may be required to screen any side adjoining any residential property by a wall, fence, or hedge to a height of six feet (6'), except for the front yard setback areas of the adjoining residential property, which shall be a maximum height of three feet (3').


(11) Required parking spaces for dwellings shall be upon the same premises as the dwelling, and no parking space shall be located in any public right of way. (Ord. 10-006, 8-16-2010)

07-13-03: NUMBER OF SPACES REQUIRED:

Parking spaces as hereinafter set forth shall be provided for all uses allowed and conditional uses permitted in any zone, provided that a greater number of spaces may be required in any case where a conditional use permit is involved and further provided these regulations are subject to the Americans with disabilities act and state law:

(1)   For each dwelling unit     2 spaces inclusive of a garage, carport, or open off street parking  
(2)   For each guest bedroom in a hotel, motel, bed and breakfast, club, lodging house, fraternity or sorority house     1 parking space, plus 1 additional parking space for each 3 beds in a room, plus 2 parking spaces for each 3 employees  
(3)   For each 2 persons in a convalescent, nursing or rest home, sanatorium or home for the care of children or the aged     1 parking space, plus 1 parking space for each doctor assigned full time to the staff, plus 2 parking spaces for each 3 employees  
(4)   For a hospital     1 parking space for each 1,000 square feet of net floor area, plus 1 parking space for each 2 employees  
(5)   For a church, school auditorium or gymnasium, auditorium, theater, or sports arena     1 parking space for each 5 persons based on building capacity  
(6)   For floor space used by the public or by members in a social hall, dance hall, nightclub, pool hall, restaurant, or other similar enterprise or establishment     A number of parking spaces equal to 20 percent of the capacity in persons. For the purpose of this section, "capacity in persons" shall mean the gross floor area used by the public divided by 15 square feet  
(7)   For a bowling alley     3 parking spaces for each bowling lane  
(8)   For a drive-in theater     An additional parking area at the entrance containing 1 parking space for each 10 vehicles accommodated within the theater  
(9)   Business offices, not otherwise specified     1 parking space for each 250 square feet of net floor area  
(10)   Medical or dental office or clinic     1 parking space for each 250 square feet of net floor area  
(11)   Mortuary     1 parking space for each 5 seats based on building capacity  
(12)   Retail stores, banks, and shops other than as specified below     1 parking space for each 200 square feet of net floor area; and for drive-in banks 3 additional parking spaces for each teller window  
(13)   Retail sales establishments handling only durable goods or bulky merchandise such as machinery, furniture or vehicles, personal service and repair shops, or wholesale stores     1 parking space for each 600 square feet of net floor area  
(14)   For manufacturing establishments     1 parking space for each employee, based on the greatest number of employees on site at any one time  
(15)   For every building containing more than 15,000 square feet in area and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck     1 loading space not less than 30 feet in length and 10 feet in width, exclusive of access platforms and maneuvering areas  
(16)   Subdivision community facility     1 parking space for every 300 square feet of net floor area  

(Ord. 10-006, 8-16-2010)





CHAPTER 14
USE STANDARDS

07-14-01: RESERVED:

(Ord. 16-001, 1-8-2016)
07-14-03: APPLICABILITY:


(1) The provisions of this article apply to all properties where a use is listed as an allowed use, a conditional use, or a director's decision in section 07-10-27 of this chapter (land use matrix). (Ord. 16-001, 1-8-2016)

07-14-05: ASSISTED CARE FACILITIES:


(1) If a director's decision is required, the director shall specify the maximum number of clients within the decision. (Ord. 16-001, 1-8-2016)

07-14-07: BED AND BREAKFAST (WITH OR WITHOUT EMPLOYEES):


(1) The operator of the establishment may dwell in the home. (Ord. 16-001, 1-8-2016)

07-14-09: CONTRACTOR SHOP:


(1) The use shall be contained within a building or behind a sight obscuring fence. (Ord. 16-001, 1-8-2016)

07-14-11: HOME BUSINESS:


(1) The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.


(2) The use is conducted entirely within a dwelling or only one of its existing accessory structures.


(3) Not more than one-third (1/3) of the gross area of the dwelling may be devoted to such use, whether said use is carried on in the dwelling or in an accessory building.


(4) No more than three (3) persons other than the residents of the dwelling may work on the premises.


(5) The use does not adversely affect the uses allowed or permitted in the zone in which it is to be located.


(6) One sign no larger than four (4) square feet is allowed, which may not be internally illuminated or constructed of reflective materials.


(7) A home business permit shall not be issued to any use that is allowed or permitted or otherwise defined by this chapter within the agricultural or residential zones or to any use of an industrial nature. (Ord. 16-001, 1-8-2016)

07-14-13: HOME OCCUPATIONS:


(1) The home occupation shall not cause the premises to differ from its residential character in the appearance, lighting, or in the emission of noise, fumes, odors, vibrations, or electrical interference.


(2) The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.


(3) The home occupation shall not adversely affect the uses allowed or permitted in the zone in which it is to be located.


(4) The use requires no additional off street parking space.


(5) No persons other than the residents of the dwelling work on site.


(6) Not more than one-fourth (1/4) of the gross area of dwelling may be devoted to such use, whether said use is carried on in the dwelling or in an existing accessory building.


(7) A nonobtrusive, nonelectric sign with no moving parts is allowed when it is no larger than four (4) square feet in the message board.


(8) The home occupation shall not involve the use of more than one vehicle necessary for the home occupation. (Ord. 16-001, 1-8-2016)

07-14-15: MANUFACTURING OR PROCESSING OF HAZARDOUS CHEMICALS OR GASES:


(1) The standards shall apply to the manufacture or processing of hazardous chemicals or gases as a permitted use in this chapter. The standards shall not apply to research and development facilities.


(2) All structures shall be located a minimum of three hundred feet (300') from any property line.


(3) The use shall be located a minimum of one thousand feet (1,000') from any Residential District or approved hospital use.


(4) All hazardous chemicals or gases shall be stored and/or used within an enclosed structure.


(5) The facility shall be enclosed by a minimum eight foot (8') high security fence or wall. Entrance and exit shall be through a gate that shall be locked during nonbusiness hours.


(6) The application materials shall include written documentation from the appropriate fire authority approving the proposed location and plan specifications of the facilities.


(7) The application materials shall include maps and engineering drawings showing proposed drainage, proposed sewer system design, the depth of the water table, soil composition, all existing surface water, and all existing uses within one-fourth (1/4) mile of the property. The applicant shall also furnish evidence that the dangerous characteristics of the particular process or activity in question have been, or shall be, eliminated or minimized sufficiently so as not to create a public nuisance or be detrimental to the public health, safety, or welfare.


(8) The facility must register and maintain current hazardous waste generation notification as required by Environmental Protection Agency and/or Idaho Department of Environmental Quality and provide such proof of registration. (Ord. 16-001, 1-8-2016)

07-14-17: MINERAL EXTRACTION SHORT TERM:


(1) Setbacks:

  Front   Side   Rear   Corner  
Short term   30'   10'   20'   30'  

A. Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.


(2) Minerals: Gravel, sand, soil or other minerals may be excavated and removed from a maximum of a two (2) acre site, per parcel. The minerals must be removed from the subject property within six (6) months from the date excavation begins. Extracted minerals may not be stored on site beyond the six (6) month time period.


(3) Processing: Crushing, screening, or processing the material is allowed on or at the excavation site at the discretion of the Director.


(4) Accessory Uses: Temporary asphalt mixing and concrete batching may only be allowed as accessory uses to a pit, mine, or quarry at the discretion of the Director.


(5) Submittals: Prior to commencing any phase of extraction, the landowner or operator/extractor shall submit all appropriate fees and provide the following to DSD:

A. Name of the landowner;

B. Name of the operator/extractor;

C. Legal description of the property where gravel is to be extracted;

D. A site plan of the property showing the area where the gravel is to be extracted;

E. The extraction commencement date and completion date (no later than 6 months after commencement date); and

F. Reclamation plan as approved by Idaho Department of Lands.


(6) Time Limit: Short term mineral extraction is allowed during the process of subdivision construction following the provisions of this section. The six (6) month time limit shall apply to extraction during each phase as shown on the approved preliminary plat.


(7) Mineral Extraction In Floodway: Gravel and sand and their subsequent extraction on lands within the special flood hazard area that encroach into regulated floodways shall meet the requirements of subsection 7-10A-11(4) of this chapter. A Reclamation LOMR shall be completed within one year of the completion of mining. (Ord. 19-038, 8-30-2019)

07-14-19: MINERAL EXTRACTION LONG TERM:


(1) If a conditional use permit is required, the following standards shall apply:

A. Setbacks:

Front   Side   Rear   Corner  
30'   30'   30'   30'  

1. Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.

2. When making a decision for a conditional use permit for the use, the decision making body shall consider the following:

(A) The uses of the surrounding properties in the determination of the compatibility of the proposed application with such uses;

(B) Duration of the proposed use;

(C) Setbacks from surrounding uses;

(D) Reclamation plan as approved by Idaho Department of Lands;

(E) The locations of all proposed pits and any accessory uses; and

(F) Recommendations from applicable government agencies.


(2) If the use is allowed in the zone, the following standards shall apply:

A. Setbacks:

Front   Side   Rear   Corner  
30'   20'   20'   30'  

1. Front and corner setbacks shall be measured from the greatest of either the property line, right-of-way line, or road easement line of any local or private street.

B. Submittals: Prior to commencing any phase of extraction, the landowner or operator/extractor shall submit the following to DSD:

1. Name of the landowner;

2. Name of the operator/extractor;

3. Legal description of the property where gravel is to be extracted;

4. A site plan of the property showing the area where the gravel is to be extracted;

5. Commencement and completion date;

6. Reclamation plan as approved by Idaho Department of Lands.


(3) Mineral extraction in floodway: Gravel and sand and their subsequent extraction on lands within the special flood hazard area that encroach into regulated floodways shall meet the requirements of subsection 7-10A-11(4) of this chapter. A Reclamation LOMR shall be completed within one year of the completion of mining. (Ord. 19-038, 8-30-2019)

07-14-21: MINISTORAGE FACILITY:


(1) Materials shall not be sold or delivered to customers directly from the storage compartment. (Ord. 16-001, 1-8-2016)

07-14-23: ROADSIDE STAND:


(1) A roadside stand must not exceed four hundred (400) square feet in size.


(2) Parking and loading must occur on site. (Ord. 16-001, 1-8-2016)

07-14-25: SECONDARY RESIDENCE:


(1) The owner of the lot or parcel containing the secondary residence must live on site.


(2) The secondary residence must have its own address and address numbers shall be placed on the home for emergency purposes. (Ord. 16-001, 1-8-2016)

07-14-27: SMALL WIND ENERGY SYSTEM:


(1) Lot Size: No more than one small wind energy system per one acre of land is allowed.


(2) Height: When located on parcels five (5) acres or less, tower height shall be a maximum of thirty five feet (35') above finished grade of the fixed portion of the tower, excluding the wind turbine and blades. When located on parcels greater than five (5) acres, tower height shall be limited to eighty feet (80').


(3) Proximity To Property Boundary: No part of the small wind energy system structure, including guywire anchors, may extend closer than one hundred feet (100') to the property boundaries of the installation site.


(4) Noise: Noise produced by the wind turbine shall not exceed fifty five (55) decibels (dBA) at the site's property lines.


(5) Capacity: The system capacity shall not exceed one hundred kilowatts (100 kW).


(6) Decision Of The Director:

A. The Director shall consider the following:

1. Lot size;

2. Lot configuration;

3. Proximity to neighboring structures;

4. Topography;

5. Viewsheds; and

6. The uses of the surrounding properties in the determination of the compatibility of the proposed small wind energy system with such uses.

B. The Director shall specify the maximum number of towers. (Ord. 16-001, 1-8-2016)

07-14-29: STAGING AREA:


(1) All work shall be conducted off site.


(2) Business vehicles shall be operable and parked on site, not on a public or private road.


(3) Persons not employed on the premises may visit the premises for the purpose of picking up equipment and materials to be used elsewhere, including trucks offloading or transferring equipment and/or materials to other vehicles.


(4) Employees may meet on the premises to share rides to and from job sites.


(5) Employees' vehicles shall be parked on site and not on a public or private road. (Ord. 16-001, 1-8-2016)

07-14-31: VEHICLE SALES LOT:


(1) Vehicle repair or service work is prohibited on site. (Ord. 16-001, 1-8-2016)

07-14-33: WIND FARM:


(1) The presiding party shall consider the following when making a decision:

A. Lot size;

B. Lot configuration;

C. Proximity to neighboring structures;

D. Topography;

E. Viewsheds; and

F. The uses of the surrounding properties in the determination of the compatibility of the proposed wind farm with such uses. (Ord. 16-001, 1-8-2016)






CHAPTER 15
DIRECTOR ADMINISTRATIVE DECISIONS

07-15-01: APPLICABILITY:

This article applies to land uses that require approval of a director's administrative decision in accordance with the zoning and land use matrix in section 07-10-27 of this chapter. (Ord. 11-003, 3-16-2011)
07-15-03: APPLICATION, PROCEDURE, APPROVAL, RENEWAL, REVOCATION:


(1) Application: The applicant shall submit to DSD an application for a director's administrative decision along with the appropriate fee. DSD shall provide notification by mail of the application to the owners of parcels within six hundred feet (600') of the external boundaries of the parcel, as well as any applicable agencies and shall provide such individuals and agencies a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed application. (Ord. 12-006, 3-22-2012)


(2) Compliance With This Code: Prior to issuance of a director's administrative decision, the subject property shall be in compliance with the public nuisance ordinance (chapter 2, article 1 of this code), the building code (chapter 6 of this code), and with all other articles of this chapter.


(3) Compliance With All Applicable Regulations: The property shall comply with all applicable federal, state, and county laws, ordinances, rules and regulations that pertain to the property and/or business.


(4) Compliance With County Ordinances: The property shall be in compliance with the Canyon County zoning ordinance, public nuisance ordinance and building ordinance.


(5) Nontransferable: This permit is not transferable to any other property or individual and is not valid for any business or use other than that specifically approved by the director.


(6) Parking: Off street parking shall be provided in accordance with article 13 of this chapter. No parking space shall be located in any public right of way.


(7) Decision Of The Director:

A. Review Of Application: Compliance with granting an administrative approval shall be within the discretion of the director following a full review of the facts as stated on the application and as received as a result of the required notification process. The burden of persuading the director to grant a permit is on the applicant. The director shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed use with such uses.

B. Additional Conditions: The director may require additional land use related conditions as are necessary to protect the health, safety and welfare of the residents of parcels within six hundred feet (600'), as well as conditions that would protect the uses of surrounding properties.

C. Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.


(8) Appeal By Affected Person: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. An appeal shall be noticed and heard as a conditional use permit.


(9) Renewals: Renewals are not required for administrative decisions unless specifically addressed in the additional standards of this article. Development services will conduct periodic reviews of approved administrative decisions to ensure compliance with conditions of approval.


(10) Revocation/Violation Of Conditions:

A. Any person, including staff, may file a written notice with the director presenting evidence that the conditions of the administrative decision have been violated. The director shall review the evidence and may conduct an additional investigation if deemed necessary. If the director determines that sufficient evidence shows a violation of the conditions, he shall provide by mail notice of such findings to the permit holder. The permit holder shall be given thirty (30) days to bring the condition into compliance.

B. The director may issue written findings revoking a permit for noncompliance if the permit holder fails to comply with the conditions of the notice given.

C. The director's revocation may be appealed in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 11-003, 3-16-2011)

07-15-05: TEMPORARY USE PERMIT ADDITIONAL REQUIREMENTS/STANDARDS:


(1) In zones allowing a temporary use, the landowner may apply for a temporary use permit for the following reasons:

A. For farmworkers engaged in performing a substantial amount of the operation of the applicant's bona fide farming activities in an agricultural zone;

B. While a single-family dwelling is being constructed;

C. Residing in an RV outside an RV park for a period not to exceed ninety (90) days within a calendar year. (Ord. 12-006, 3-22-2012)

07-15-07: HOME BUSINESS PERMIT ADDITIONAL REQUIREMENTS/STANDARDS2:

(Rep. by Ord. 16-001, 1-8-2016)
07-15-09: DAYCARE FACILITIES ADDITIONAL REQUIREMENTS/STANDARDS:


(1) If a daycare facility is approved the director shall specify the maximum number of children within the decision.


(2) Group daycare facility and daycare center general standards:

A. There shall be a minimum of thirty five (35) square feet of net floor area indoors per child. This space shall be measured wall to wall in rooms that are regularly used by the children, exclusive of halls, bathrooms, and kitchen.

B. On site vehicle pick up and turnaround areas shall be provided to ensure safe discharge and pick up of children, in addition to the required off street parking for the dwelling.

C. The applicant or owner shall secure and maintain a basic daycare license from the state of Idaho department of health and welfare family and children's services division.

D. The applicant shall provide a minimum outdoor play area of one hundred (100) square feet per child. The minimum play area requirement may be waived if:

1. There is greater or equal area of parks that abut the facility that can be used by the children; or

2. The program design is such that the number of children using the play area at any one time conforms to the one hundred (100) square feet per child criteria.

E. All outdoor play areas shall be completely enclosed by a minimum six foot (6') barrier to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Canyon County building code as set forth in chapter 6 of this code. (Ord. 11-003, 3-16-2011)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See section 07-14-11 of this chapter.
Footnote 2: See section 07-14-11 of this chapter.





CHAPTER 16
HOME OCCUPATIONS1


(Rep. by Ord. 16-001, 1-8-2016)







CHAPTER 17
SUBDIVISIONS

07-17-01: PURPOSE:

These regulations provide for the following:


(1) Uniform standards for the subdivision of property and to protect the health, safety, and general welfare of the people of Canyon County.


(2) The manner and form of making and filing of any plat.


(3) The administration of these regulations by defining the powers and duties of approval authorities including procedures for the equitable review and approval of all plats of subdivisions covered by these provisions. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-03: JURISDICTION:

These regulations shall apply to the subdividing of all land within the unincorporated parts of the county and shall include the following:


(1) The subdivision of land into more than four (4) lots, parcels or tracts since September 6, 1979, for transfer of ownership or development.


(2) Any change to a recorded plat.


(3) The following are exceptions to the subdivision requirements of this article:

A. A parcel, resulting from the subdivision of land, that is used exclusively for agricultural purposes (on which there is no permanent dwelling) and is described on the deed, whether including or excluding a public right of way, and consists of one-fourth (1/4) of one-fourth (1/4) of a section of land or forty (40) or more acres.

B. An allocation of land in the settlement of an estate or a court decree for the distribution of property thereunder with the limitation that the land may not be divided into more than four (4) parcels with a minimum size per parcel to be five (5) acres.

C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code and when the dedication of a right of way for public purposes is initiated by a public body.

D. Simple changes to a recorded plat in accordance with section 07-17-19 of this article.

E. A lot or parcel created for the exclusive use of a public or private school, other political subdivisions, or public or private utility facilities.

F. Land that is divided into fewer than five (5) parcels from the original parcel and all of the following have been provided to DSD:

1. An approved irrigation plan, if applicable;

2. Proof that any required conditions of county approvals are met;

3. A record of survey, with metes and bounds descriptions of all lots, that shows access from each parcel complies with the requirements of section 07-10-03 of this chapter, and that includes all required utility easements;

4. Proof that the land does not contain slopes greater than fifteen percent (15%); and

5. Written approval of a site plan from the fire, highway and health districts having jurisdiction. (Ord. 16-007, 6-20-2016)

07-17-05: APPLICABILITY:


(1) No person shall subdivide any tract or parcel of land located wholly or in part in the county except in compliance with the provisions of this article.


(2) No person shall purchase, sell or exchange any parcel of land which is any part of a subdivision or a proposed subdivision submitted to the commission, nor offer for recording in the office of the county clerk, any deed conveying such parcel of land or any fee interest therein, unless such subdivision has been created pursuant to and in accordance with the provisions of this article. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-07: PREPLATTING BUILDING PERMITS:

DSD shall not issue a zoning compliance for construction of residences within any area or upon any property approved for development that requires platting until the final plat has been recorded with the county recorder's office, the applicable conditions of this code met, and the required improvements are constructed or bonded. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-17-09: PRELIMINARY PLAT:


(1) Application: The applicant shall file with DSD a copy of the completed subdivision application form as prescribed by the director and a copy of the preliminary plat with data as required in this section including, but not limited to, preliminary irrigation plans, the availability of irrigation water to the property, and a preliminary drainage plan. All applicable fees shall be paid at this time.

A. Form Of Presentation: The information hereinafter required as part of the preliminary plat submitted shall be shown graphically or by note on plans, and may comprise several sheets showing various elements or required data. All mapped data for the same plat shall be drawn at the same standard engineering scale, having a scale of no more than one inch equals one hundred feet (1" = 100'), unless otherwise approved by DSD prior to submission. The drawing shall measure no larger than twenty four inches by thirty six inches (24" x 36").

B. Identification And Descriptive Data:

1. Proposed name of subdivision and its location by section, township and range.

2. Reference by dimension and bearing to a section corner or quarter section corner.

3. Name, address and phone number of developer.

4. Name, address and phone number of the person preparing the plat.

5. North arrow.

6. Date of preparation.

7. Revision block showing dates of any revisions subsequent to the original preparation date. The revision block shall be part of the title block which shall be placed along the right edge of the drawing sheet.

8. Vicinity map drawn to scale clearly showing proposed subdivision location in relationship to adjacent subdivisions, main arterial routes, collector streets, etc.

C. Existing Conditions Data:

1. The general standard for topography shall be by two foot (2') contours and shall be shown on the preliminary plat map which sets out the proposed subdivision layout unless the director determines that another appropriate contour interval would adequately reflect the character and drainage of the land and highlight or show all areas in excess of fifteen percent (15%) slope.

2. Location of water wells, streams, canals, irrigation laterals, private ditches, washes, lakes or other water features; direction of flow; location and extent of known areas subject to inundation.

3. Location, widths and names of all platted streets, railroads, utility rights of way of public record, public areas, permanent structures to remain, including water wells and municipal corporation lines, within or adjacent to the tract.

4. Name, book and page numbers of any recorded adjacent subdivision having a common boundary with the tract.

5. By note, the existing zoning classification of the tract.

6. By note, the approximate acreage of the tract.

7. Boundary dimensions of the tract.

8. Names and addresses of adjoining property owners within three hundred feet (300') of the exterior boundary of the tract.

D. Proposed Conditions Data:

1. Road layout including location, width and proposed names of roads, alleys, pathways, easements, and roadway connections, if any, to an adjoining platted tract.

2. Typical lot dimensions including curvilinear data to scale; each lot numbered individually; total number of lots by type and grand total. A private road must be a lot.

3. Location, width and use of easements.

4. Designation of all land to be dedicated or reserved for public use with use indicated.

5. If plat includes land for which multi-family, commercial, or industrial use is proposed, such areas shall be clearly designated together with existing zoning classification and status of zoning change, if any.

6. If the proposed subdivision is part of a larger area intended for development, a development master plan of the entire area shall be provided.

7. Appropriate information that sufficiently details the proposed development within any special development area such as hillside, PUD, floodplain, cemetery, manufactured home, large scale development, hazardous and unique areas of development.

8. All roads must be labeled as either "private" or "public" behind or beneath the road name.

E. Proposed Utility Methods:

1. Sewage: A statement as to the type of proposed sanitary sewage facilities.

2. Water Supply: A statement as to the type of proposed water supply facilities.

3. Stormwater Disposal: A statement as to the type of stormwater disposal facilities which may include evidence as may be required to the design and operation of proposed stormwater system.

4. Irrigation System: A statement as to proposed irrigation system, which may include evidence as may be required relative to the design and operation of any proposed irrigation system.

5. Utility Easement: The utility easement width shall be a minimum of ten feet (10') from the exterior boundaries and five feet (5') from the interior boundaries. Utility easements shall be shown graphically on the plat.

F. Special Developments: If applicable, all requirements of section 07-17-33, "Special Developments", of this article shall be submitted with the preliminary plat.


(2) Acknowledgment: Upon receipt of the application, preliminary plat, and applicable fees, DSD shall acknowledge, sign, and date the application and deem it accepted.


(3) Agency Review:

A. The DSD shall transmit one copy of the preliminary plat to county departments and any such other agencies that may have jurisdiction or an interest in the proposed subdivision for their review and recommendation.

B. If no written reply is received from any of the various departments or interested agencies within thirty (30) calendar days from the date of notification, approval of the preliminary plat by such department or agency will be considered to be granted. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)


(4) Commission Review:

A. The commission or hearing examiner shall hold a noticed public hearing on the preliminary plat. The hearing body shall recommend that the board approve, approve conditionally, modify, or deny the preliminary plat. The reasons for such action will be shown in the commission's minutes. The reasons for action taken shall specify:

1. The ordinance and standards used in evaluating the application;

2. Recommendations for conditions of approval that would minimize adverse conditions, if any;

3. The reasons for recommending the approval, conditional approval, modification, or denial; and

4. If denied, the actions, if any, that the applicant could take to gain approval of the proposed subdivision.

B. Upon recommendation by the commission, the preliminary plat, together with the commission's recommendation, shall be transmitted to the board. (Ord. 15-009, 4-23-2015)


(5) Board Action:

A. The board shall consider the commission's recommendation at a noticed public hearing.

B. The board shall base its findings upon the evidence presented at the board's public hearing, and within thirty (30) calendar days declare its findings. It may sustain, modify or reject the recommendations of the commission and make such findings as are consistent with the provisions of this chapter and the Idaho Code. The findings shall specify:

1. The ordinance and standards used in evaluating the application;

2. The reasons for approval or denial; and

3. If denied, the actions, if any, that the applicant could take to gain approval of the proposed subdivision. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-11: FINAL PLAT APPLICATION:


(1) After approval or conditional approval of the preliminary plat, the developer may cause the subdivision, or part thereof, to be surveyed and a final plat prepared in accordance with the preliminary plat as approved.


(2) The developer shall file with DSD a copy of a completed final plat application and five (5) copies of the final plat with data as required in this section including, but not limited to, final irrigation plans, if irrigation water is available to the property, and a final drainage plan. The applicant must submit with the final plat application an engineered construction drawing of the private road design, including curbing and drainage. All fees shall be paid at the time the application is received by DSD. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-13: FINAL PLAT:


(1) Method And Medium Of Presentation:

A. All plats to be recorded shall be prepared on a drafting medium in accordance with the requirements of Idaho Code, title 55, chapter 19, section 55-1905, paragraph (1) for records of survey maps;

B. The plat shall be drawn to an accurate scale of not more than one hundred feet to an inch (100' = 1") unless otherwise approved by DSD prior to submission; and

C. The final plat drawings shall be additionally submitted in digital form approved by the director.


(2) Identification Data Required:

A. A title which includes the name of the subdivision and its location by number of section, township, range and county shall be placed together at one location at the top of the sheet and generally centered.

B. Name, address and official seal of the surveyor preparing the plat.

C. North arrow.

D. Date of preparation.

E. Revision block showing dates of any revisions subsequent to the original preparation date. The revision block shall be part of the title block which shall be placed along the right edge of the drawing sheet.


(3) Survey Data Required:

A. Boundaries of the tract to be subdivided and the interior lots are to be fully balanced and closed, showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.

B. Any excepted lots within the plat boundaries shall show all bearings and distances, determined by an accurate survey in the field. All dimensions shall be expressed in feet and decimals thereof.

C. Basis of bearing on the plat shall be referenced.


(4) Descriptive Data Required:

A. Name, right of way lines, courses, lengths, width of all private and public streets, alleys, pedestrianways and utility easements.

B. All drainageways.

C. All easements provided for public services or utilities and any limitations of the easements.

D. All lots and blocks shall be numbered throughout the plat in accordance with Idaho Code. "Exceptions", "tracts" and "private parks" shall be so designated, lettered or named and clearly dimensioned.

E. All sites to be dedicated to the public will be indicated and the intended use specified.

F. All roads must be labeled as either "private" or "public" behind or beneath the road name.

G. The area of each lot shall be stated in acres and decimals thereof.

H. The statement from Idaho Code section 22-4503 or any later or amended statutory language shall appear on all final plats located in a zone where agricultural uses are allowed or permitted.

I. A note as to the type of sewage disposal facilities to be provided.

J. A note as to the type of water supply facilities to be provided.

K. Required section and quarter section line setbacks.


(5) Dedication And Acknowledgment:

A. Dedication: A statement of dedication of all streets, alleys, pedestrianways and other easements for public use by the persons holding title of record and by persons holding title as vendees under land contract.

B. Acknowledgment Of Dedication: The dedication referred to in subsection (5)A of this section shall be in the form of a certificate acknowledged in accordance with Idaho Code section 50-1309. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)


(6) Required Certifications: The following certifications shall be placed on the signature page of the final plat:

A. Landowner's signature.

B. Certification by a surveyor stating that the plat is correct and accurate and that the monuments described in it have been located as described.

C. Certification of plat approval by the county surveyor.

D. Certification of plat approval by the board.

E. Approval or certification by impacted agencies that may include: highway districts, health department, the city when the development is in an area of impact, treasurer, recorder, and state and federal agencies having jurisdiction. (Ord. 15-009, 4-23-2015)


(7) Time Limitations:

A. The following time limitations are in accordance with section 07-07-23 of this chapter:

1. In the event that the development of the preliminary plat is made in successive continuous segments in an orderly and reasonable manner and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of twenty four (24) months, may be considered for final plat approval. In the event a longer period elapses, the preliminary plat must be reviewed by the commission and approved by the board;

2. Final plat application must be submitted and accepted by DSD within two (2) years of the date of written approval of the preliminary plat; and

3. The final plat shall be filed with the county recorder within sixty (60) days after approval of the board; otherwise, such approval shall become null and void unless an extension of time is applied for and granted. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)


(8) Commission Review: (Rep. by Ord. 15-009, 4-23-2015)


(9) Board Action:

A. Upon receipt of the final plat and all other data as required herein, the board shall thereafter place the final plat on its agenda for consideration at a regular meeting held not less than fifteen (15) calendar days after the date of submittal.

B. The board, following receipt of the final plat, shall consider said plat and any changes from the approved preliminary plat. If the plat conforms to the requirements of the subdivision regulations and Idaho Code, the board shall approve the plat.

C. At the time of approval and recording of the final plat, the board shall accept the dedications shown thereon. As a condition precedent to the approval of any final plat, the board may require the developer to improve or agree to improve the streets and all other public improvements to the standards approved for the preliminary plat by furnishing a surety bond or other guarantee. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-15: COMPLETION OF BONDED IMPROVEMENTS:

All subdivision improvements covered by surety bond or other guarantee shall be completed prior to the issuance of a certificate of occupancy. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-17-17: COMBINING PRELIMINARY AND FINAL PLATS:


(1) The developer may request that the subdivision application be processed as both a preliminary and final plat, known as a short plat, if all of the following exist:

A. The proposed subdivision does not exceed fourteen (14) lots;

B. No major special development considerations are involved such as development in floodplain, hillside development, etc.; and

C. All required information for both preliminary and final plat is complete and in acceptable form. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-19: SIMPLE CHANGES TO RECORDED PLAT:

This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public street right of way or private road easement. (Ord. 16-007, 6-20-2016)


(1) Application For Change:

A. The person seeking a change must file an application on a form provided by the director, and the fees. The application must demonstrate full compliance with all requirements established by the board as prerequisites for making a change to a plat.

B. When the application is filed, the director shall have a period of fourteen (14) calendar days from the time of receipt of the application to determine whether the application is complete.

C. If the director determines that the application is not complete, the application shall be returned to the applicant with written instructions as to what deficiencies must be satisfied. No further consideration will be given to the application until it is returned by the applicant and determined by the director to be complete.

D. When a fully completed application has been filed and the fees paid, the director shall conduct a review. The burden of proof is on the applicant to show compliance with the requirements for a simple change to a recorded plat. The director may grant the application only if the changed plat can meet all requirements of the zone in which it is located.


(2) Approval Or Denial:

A. If the director denies the application, he shall state his reasons in written findings within fourteen (14) calendar days of the denial. A copy shall be forwarded by mail to the applicant at the address given on the application.

B. If the director grants the application, the applicant must submit a record of survey showing the plat change pertaining to the request and a metes and bounds description of all changed lots. The record of survey must bear in the title or in a side note on the record of survey that the purpose of the record of survey is to change the specific plat, stating the name of the plat, with affected lots and blocks. The written decision of the director and a copy of the record of survey must be recorded at the applicant's expense.

C. Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-21: MINOR REPLATS AND AMENDMENTS:

This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section 07-17-19 of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line.

Substantial changes to a recorded plat must comply with the requirements of section 07-17-13 of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements. (Ord. 16-007, 6-20-2016)


(1) Application For Approval Of Minor Replat Or Amendment:

A. A completed application must be submitted to the director with the following documents:

1. Completed application form signed by the property owners whose land is included in the amended plat or replat, or a notarized letter of authorization by the property owners and a sufficient number of copies, as determined by the director, for each agency/organization reviewing the application, shall be submitted by the applicant.

2. Fees.

3. Preliminary title report for all lots to be replatted or amended.

4. A plat meeting the final plat requirements of section 07-17-13 of this article and Idaho Code, title 50, chapter 13. The title of the plat shall state that it is a replat or an amendment of the subdivision or of the particular lots within the subdivision.

5. Narrative explaining the proposed changes to the plat.


(2) Approval Process And Requirements: When an application for approval of a minor replat or amendment of a recorded plat is filed the following procedure applies:

A. The director shall provide a copy of the completed application packet to the affected agencies.

B. Within thirty five (35) calendar days of the acceptance of application, the director shall review the relevant evidence in the record and issue findings and an order of decision. The findings shall cite the applicable legal standards; state the evidence and conclusions on which the decision was based; explain any relevant contested facts and the evaluation of these facts; and if the decision is denied, any action the applicant could take to gain approval.

C. To approve a minor replat or amendment, the director must make a finding that the proposed changes and the plat are in compliance with Idaho Code, title 50, chapter 13 and with the requirements of the county and other agencies; that the proposed changes are not substantial in nature; and that there will be no negative effects on public agencies and private corporations that provide services and facilities for the subdivision.

D. Within one hundred twenty (120) calendar days of approval, the mylar plat must be submitted in a form ready to record. The applicant shall obtain all required signatures on the plat. If the plat is not submitted for recordation within one hundred twenty (120) days and an extension is not granted by the director, approval is null and void and a new application must be submitted. The director may grant an extension for good cause.


(3) Appeal: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-23: CHANGES INVOLVING RIGHTS OF WAY IN A RECORDED PLAT:

Changes to any recorded plat involving a public right of way for public use must be applied for with the highway district having and accepting jurisdiction. Other such applications must be made to the board pursuant to Idaho Code, title 50, chapter 13. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-17-25: LOT REQUIREMENTS:


(1) Lot Design: Side lot lines shall be substantially at right angles or radial to street lines, except where another design may be justified. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-27: EXISTING NATURAL FEATURES:

Existing natural features which add value to residential development and enhance the attractiveness of the community such as streets, watercourses, historic spots and similar irreplaceable assets shall be given consideration in the design of the subdivision. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)
07-17-29: ROAD AND UTILITY IMPROVEMENT REQUIREMENTS:


(1) Responsibility Of Developer: Construction of improvements such as private roads and other facilities which are required as a condition to plat approval shall be the responsibility of the developer and shall meet county specifications and standards of construction.


(2) Irrigation Supply And Distribution Systems: The developer shall disclose, pursuant to Idaho Code section 31-3805, and file as part of the preliminary plat with DSD, evidence that an adequate irrigation supply and distribution system to serve the land within the plat to be recorded will be provided and must include consideration of using existing water rights that go with the land being platted. Such evidence shall include, but not be limited to, the following:

A. Copies of the plans of the proposed distribution system for the lots and areas to be served in the proposed development; and

B. Copies of the community association's or similar organization's documents which may be required precedent to the establishment of an irrigation distribution system within the proposed development.


(3) Construction Drawings: The applicant shall submit to DSD with the application for final plat, construction drawings for all required improvements.


(4) Bonding: Prior to the board signing the final plat, all required improvements shall be constructed and a certificate of completion shall be secured from the county unless a surety bond or other acceptable guarantee of performance to ensure the actual construction of such improvements as submitted and approved is filed with the county clerk. Such surety bond or other guarantee shall be in the amount of one hundred twenty percent (120%) of the estimated cost of the improvements as determined by the county. The improvements when covered by a surety bond shall be constructed within two (2) years from the date of recording of the final plat; provided, however, the board may extend the period one year upon showing of just cause by the developer.


(5) Record Plans And Specifications:

A. Prior to acceptance by the County of any improvements installed by the developer, two (2) sets of prints of the approved "record" plans and specifications shall be certified by the developer's engineer and filed with DSD.

B. Within ten (10) calendar days after completion of improvements and submission of "record" plans in accordance with County specifications, the applicant's engineer shall certify the completion and acceptance of the construction and shall transmit a copy of the said certification to the developer. If a surety bond or guarantee agreement has been executed by the developer, the same shall be forwarded to the County Clerk. The County Clerk shall thereafter release said surety bond or guarantee upon application by the developer upon proof that the improvements have been completed. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-31: REQUIRED IMPROVEMENTS:


(1) Road Improvements:

A. Private Roads:

1. Private roads must be a numbered lot and constructed in accordance with section 07-10-03 of this chapter.

2. A minimum private road lot width of sixty feet (60') is required. This requirement may be reduced to a width not less than fifty feet (50'), in accordance with subsection 07-10-03(1)D of this chapter.

3. Curbs and gutters, if required by the Board, may be either rolled or vertical style and must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch (3/4") aggregate in the concrete mix.

B. Public Streets: Public streets, including curbs, gutters and sidewalks, shall be constructed in accordance with the requirements of the applicable highway district or, if within an Area of City Impact, the requirements adopted by Canyon County in chapter 9 of this Code.


(2) Subdivision Improvements: The commission or hearing examiner may recommend and the Board may require improvements in the subdivision, for example curbs, gutters, sidewalks, streetlights, ribbon curbing, swales, and stormwater retention and disposal.


(3) Road Names: Road name signs and traffic control signs shall be installed by the developer in appropriate locations such as where roads and streets intersect and are approved by the local highway district having jurisdiction.


(4) Other Improvements: All other improvements required as conditions of approval shall be completed. (Ord. 16-007, 6-20-2016)

07-17-33: SPECIAL DEVELOPMENTS:

The purpose of this section is to identify various types of special developments that normally pose special concerns to the commission and the Board when reviewing and acting upon subdivision requests. The provisions of this section are in addition to other applicable requirements of these subdivision regulations. Required information shall be submitted to the DSD with the preliminary plat.


(1) Hillside Development:

A. Hillside Development Evaluation:

1. All hillside development proposals shall give consideration to desirable land use planning, soil mechanics, engineering geology, hydrology, and civil engineering. The evaluation includes, but is not limited to:

(A) Planning of development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site;

(B) Orienting development to the site so that grading and other site preparation is kept to a minimum; i.e., use of building or road envelopes, and no build areas;

(C) Shaping of essential grading to complement the natural landforms and to minimize padding and terracing of building sites;

(D) Division of land tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter-spring runoff period; and

(E) Completion of paving as rapidly as possible after grading.

2. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that their limitations can be overcome; that hazard to life or property will not exist; and that the safety, use or stability of a public way or drainage channel is not jeopardized.

B. Required Data: The developer shall retain professional expertise to obtain the following information which is required by the commission:

1. Soil Reports: For any proposed hillside development, a soils report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, and opinions and recommendations covering the adequacy of sites to be developed.

2. Geology Reports: For any proposed hillside development, a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial actions.

3. Hydrology Report:

(A) For any proposed hillside development, a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development and opinions and recommendations covering the adequacy of sites to be developed.

(B) Flood frequency information shall be provided for the area proposed for the development, if applicable.

C. Grading And Drainage Plan:

1. A preliminary grading and drainage plan shall be submitted with each hillside preliminary plat proposal and shall include the following information:

(A) Approximate limiting dimensions, elevations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction;

(B) Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and

(C) A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site.

2. A final grading plan shall be submitted with each final plat and include the following information:

(A) Limiting dimensions, elevations or finish contours to be achieved by the grading, including all proposed cut and fill slopes and proposed drainage channels and related construction;

(B) Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and

(C) A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing "natural" vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) calendar days prior to the grading.

D. Development Standards:

1. Soils:

(A) Fill areas shall be prepared by removing organic material, such as vegetation and rubbish and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability.

(B) Cuts and fills shall be designed to provide safety, stability and adequate setback from property lines in accordance with County standards, drawings and specifications.

2. Roadways:

(A) Road alignments shall reasonably follow natural terrain and no unnecessary cuts or fills shall be allowed.

(B) One-way streets, in interior subdivision roads only, shall be permitted and encouraged where appropriate for the terrain and when public safety would not be jeopardized. When approved by the County the one-way street may have a thirty foot (30') right-of-way instead of a sixty foot (60') right-of-way.

(C) The width of the graded section shall extend three feet (3') beyond the curb back or edge of pavement on both the cut and fill sides of the roadway. If sidewalks are to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back.

(D) Ribbon curbing and swales or concrete curb and gutter shall be installed along both sides of paved roadways, when required by the Board.

(E) A pedestrian walkway plan may be required.

3. Driveways And Parking Areas: Combinations of collective private driveways, cluster parking areas and on street, parallel parking ways may be used to attempt to optimize the objectives of minimum soil disturbance, minimize impervious cover, and enhance the excellence of design and aesthetic sensitivity.

E. Vegetation And Revegetation:

1. The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted, and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects it may have on slope stability, soil erosion, water quality and fish and wildlife.

2. Vegetation sufficient to stabilize the soils shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread.

3. The developer shall be fully responsible for any destruction of native vegetation proposed and approved for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The developer shall be responsible for replacing such destroyed vegetation in kind or its equivalent.

F. Maintenance: The owner of any private property on which grading or other work has been performed, pursuant to a grading plan approved or a building permit granted under the provisions of this chapter, shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed.


(2) Condominium And Planned Unit Developments:

A. Site Development Plan: The applicant shall provide the commission with a site plan, elevations, perspective drawings and such other illustrated information at a scale to be determined by DSD to show the proposed development that will include at least the following:

1. Site plan;

2. Plat showing lots, including common lots and roads;

3. Architectural styles and building design concepts;

4. Architectural materials and colors;

5. Type of landscaping;

6. Screening, if proposed;

7. Type of solid waste facilities;

8. Parking concept; and

9. Open space areas.

B. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every three (3) living units. This may be reduced by the commission if there is a showing that the needs of a particular development are less.

C. Parking Space: One additional parking space beyond that which is required by the zoning regulations may be required for every three (3) dwelling units to accommodate visitor parking.

D. Control During Development: Single ownership or control during development shall be required and a time limit may be imposed to guarantee the development is built and constructed as planned.


(3) Subdivision For A Cemetery:

A. Function: The developer shall provide the County with written documentation that will sufficiently explain if the proposed cemetery will be used for either human or animal remains and the functions that are anticipated on the property.

B. Compliance With Idaho Code Required: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural platting requirements and management requirements that are outlined in Idaho Code, title 27.


(4) Areas Of Critical Concern:

A. General: The development of any hazardous or unique areas that have previously been designated as areas of critical concern by the Board, as provided by Idaho Code, may need special consideration by the applicant, as determined by the Board, to assure that the development is necessary and desirable in the public interest in view of the existing unique conditions. Areas that may be designated by the Board, through due process, as hazardous or unique may be as follows:

1. Unstable soils;

2. Scenic areas;

3. Historical significance areas;

4. Floodplains; and

5. Other areas of critical concern.

B. Plan Submission: The applicant, if required, shall prepare and submit an environmental assessment statement for those areas as above noted and designated by the Board along with the preliminary plat application.

C. Content Of Environmental Assessment Statement: The content of the environmental assessment statement, if required, shall usually be prepared by professional(s) that will provide answers to the following questions:

1. What detrimental environmental effect may occur as a result of the proposed development?

2. What corrective action or alternative plans could be developed so as not to significantly cause detrimental environmental effects?

3. What adverse effects of the proposed development cannot be mitigated? (Ord. 19-038, 8-30-2019)

07-17-35: SUBDIVISION/EASEMENT VACATIONS:


(1) Any property owner desiring to have an existing subdivision vacated, in whole or part, including easements, shall complete and file an application along with any fees with DSD and also file such other applications as are otherwise required by law.


(2) Upon receipt of the completed application and other information as may be required, DSD shall affix the date of application acceptance thereon. The application shall be considered by the commission at a public hearing noticed as provided for in article 5 of this chapter. Vacations shall be processed in accord with the regulations set forth in Idaho Code section 50-1306A and recorded in accord with the regulations set forth in Idaho Code section 50-1324.


(3) The commission shall review the request and any agency response and make a recommendation to the Board for approval, conditional approval or denial. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-17-37: MINERAL EXTRACTION:

Short term mineral extraction is allowed during the process of subdivision construction following the provisions of this chapter. The six (6) month time limit shall apply to extraction during each phase as shown on the approved preliminary plat. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also section 07-10-29 of this chapter.





CHAPTER 18
ADMINISTRATIVE LAND DIVISIONS

07-18-01: ADMINISTRATIVE LAND DIVISIONS FOR ALL ZONES:


(1) Administrative Land Divisions: An administrative land division of an original parcel is allowed in accordance with the following:

A. For land zoned A (agricultural), the minimum parcel size is one acre and an administrative land division of an original parcel is allowed in accordance with the following:

Less than 80 acres   2 residential parcels  
80 to 119 acres   3 residential parcels  
More than 120 acres   4 residential parcels  

B. For all other zones land may be divided into no more than four (4) parcels through the administrative land division process. The minimum parcel or lot area shall be subject to the minimum lot size provisions of subsection 07-10-21(2) of this chapter.


(2) Approval: If the application and its attachments meet the requirements of this chapter, the director shall approve the land division.


(3) Onetime Only Division: Once an administrative land division has been approved, there shall be no other administrative land divisions from that land regardless of ownership of any of the land involved, unless allowed pursuant to section 07-18-03 of this article for a relocation of building permits between contiguous parcels in an agricultural zone.


(4) Exceptions: If the land division does not qualify as an exception under the subdivision standards of subsection 07-17-03(3) of this chapter, then all regulations of article 17 of this chapter shall apply. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-18-03: ADMINISTRATIVE DIVISION AND RELOCATION OF BUILDING PERMITS BETWEEN CONTIGUOUS PARCELS IN AN AGRICULTURAL ZONE:


(1) Purpose: The director shall have the authority to relocate available residential building permits between said contiguous parcels for the purpose of clustering said residential building permits on a destination parcel.


(2) Minimum Parcel Or Lot Area: The minimum parcel or lot area of this section shall be one acre.


(3) Notifications: Upon acceptance of an application, DSD shall, by mail, provide notification of the proposed relocation to the owners of parcels which are contiguous to the destination parcel and to the owners of parcels which are within three hundred feet (300') of the external boundaries of the destination parcel and shall provide such individuals a period of fifteen (15) calendar days from the date of the certified mailing to submit comments concerning the proposed relocation.


(4) Evaluation And Determination Of Application: The director shall consider all comments that are received within the fifteen (15) day comment period prior to making a final decision concerning the relocation request. In considering comments, the director shall evaluate whether such comments articulate and demonstrate that the parcel is eligible for the relocation of building permits. The director shall evaluate each application on an individual basis and shall exercise discretion in determining whether or not to approve such an application with consideration given to each of the following requirements:

A. The originating and destination parcels must be contiguous. "Contiguous" means touching at a point or along a boundary, including parcels divided by railroad, public right of way, canal, ditch, river, or stream; and

B. The same person or entity must have one hundred percent (100%) ownership interest in both the originating parcels and the destination parcel. "Originating parcel" means the parcel from which the residential building permit is removed; "destination parcel" is the parcel to which the residential building permit is moved; and

C. The originating parcels must be eligible for an administrative land division under this article or have a building permit available; and

D. The relocation uses the originating parcel's administrative land division/building permit and no other administrative land division is available for the parcel; and

E. The relocation must demonstrate at least one of the following:

1. Promotion of effective or efficient farming. If the applicant demonstrates that the relocation would create a more cost effective or efficient method of farming the originating parcels or make them more viable for the production of crops; or

2. Clustering of structures;

F. Deliberate action to withhold productive farm ground from production strictly in order to qualify for administrative relocation of building permits pursuant to this subsection shall disqualify such farm ground from treatment under this subsection.


(5) Approval, Division Of Destination Parcel:

A. The size, shape, and location of the destination parcel, as well as the parcels to which it will be divided into, shall be subject to the approval of the director.

B. If the application meets the requirements of this subsection, the director may approve the division of the destination parcel into no more than four (4) parcels. The director may attach limiting conditions to the approval.

C. If the request is approved, the director shall issue a letter of approval setting forth the details and requirements of the division including the size, shape, and location of the destination parcel.

D. The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.


(6) Appeal By Affected Person: Any affected person who is aggrieved by the decision may file a written notice of appeal in accordance with section 07-05-07 of this chapter.


(7) Onetime Only Division: Once an administrative land division has been approved, there shall be no other administrative land division from that land regardless of ownership of any of the land involved.


(8) Required Language On Approvals: Language from the Idaho right to farm act1 shall appear on administrative land division approvals.


(9) Exceptions: If the land division does not qualify as an exception under the subdivision standards of subsection 07-17-03(3) of this chapter, then all regulations of article 17 of this chapter shall apply. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)

07-18-05: LAND DIVIDED BY JUDICIAL DIVISION (COURT ORDER):


(1) Land divided by a judicial order shall be considered an authorized land division.


(2) If the parcel being divided by court order has an administrative land division available, the division by the court is the same as if DSD had approved it with an administrative land division, even if the resulting parcel sizes are not consistent with normal land division provisions. No application for an administrative land division is required.


(3) If the parcel being divided is eligible for a residential building permit, but does not have an administrative land division available, the court ordered division creates a building permit for each parcel, but does not render any of the new parcels eligible for an administrative land division.


(4) If the parcel being divided does not have any building permits or administrative land divisions available, the parcels created by court order will not be eligible for building permits or administrative land divisions unless land use approval is granted in accordance with the provisions of this chapter.


(5) If the land division does not qualify as an exception under the subdivision standards of subsection 07-17-03(3) of this chapter, then all regulations of article 17 of this chapter shall apply. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)



Footnotes - Click any footnote link to go back to its reference.
Footnote 1: IC § 22-4503.





CHAPTER 19
ENFORCEMENT

07-19-01: CIVIL ENFORCEMENT PROCEDURE:


(1) Request For Voluntary Compliance: If it is determined by the Development Services Department that a violation of this chapter exists on any property, the Development Services Department shall cause a written request for voluntary compliance to be issued to the owner, occupier, and/or person in control of such property. Such request for voluntary compliance shall contain the street address and parcel number of the property, describe the existing violation of this chapter, request voluntary action to remedy the violation, and establish the time period for voluntary remedy of the violation, which shall be ten (10) days from the date of the request for voluntary compliance.


(2) Order Of Abatement: If, following the issuance of a request for voluntary compliance pursuant to subsection (1) of this section, Development Services Department finds that a violation of this chapter still exists on any property, the Development Services Department shall cause an order of abatement to be issued to the owner, occupier, and/or person in control of such property. Such order of abatement shall contain the street address and parcel number of the property, describe the existing violation of this chapter, order the abatement of the violation, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Development Services Department shall issue such order of abatement to the owner, occupier, or person in control of the property on which the violation exists in one or more of the following ways:

A. By hand delivery upon such owner, occupier, or person in control of the property; or

B. By certified mail to such owner, occupier, or person in control of the property, at the address shown on the last available assessment roll, or as otherwise known; or

C. By posting such notice and order at a conspicuous place on the property.


(3) Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or control of any property where any violation exists, to abate such violation within ten (10) calendar days from notice pursuant to this section, however, the Development Services Department may require summary abatement of a nuisance condition where such condition presents an imminent threat to human health or safety.


(4) Summary Abatement: Nothing contained herein shall prevent the Development Services Department from requiring, undertaking, or causing summary abatement of a violation where such condition presents an imminent threat to human health or safety.


(5) Appeal: Within seven (7) calendar days from the date of service, mailing, or posting of the order of abatement, the owner, occupier, and/or person in charge or control of the subject property may appeal to the Board by filing a written appeal with the Development Services Department, which appeal shall enumerate the grounds for appeal. The Board shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order of abatement. The decision of the Board shall be final. If the Board affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the violation as ordered.


(6) Abatement Procedures: The Board, upon recommendation by the Development Services Department and after providing notice as provided herein, may abate or cause the abatement of any violation where the owner, occupant, agent or person in control of property does not comply with abatement notice. If the Board directs the abatement of the violation a service fee shall be imposed against the owner of the subject property for services provided. The fees imposed pursuant to this section shall be reasonably related to, but shall not exceed, the actual cost of the service being rendered. The Board shall cause the fee to be collected in the following manner:

A. Recovery Of Abatement Service Fee: DSD shall send to the owner, occupier, and/or person in control of the subject property, by regular mail, a billing statement requiring payment to cover the costs of abating the nuisance and the administrative services as established by fee schedule. Unless paid as voluntarily, as provided below, such charge shall be collected in the same manner provided by law for the collection of real and personal Property Taxes.

B. Automatic Lien Of Abatement Service Fee: Upon abatement, an automatic lien in the amount of the abatement service fee shall attach to the subject property, and a notice of lien shall be recorded within seventy two (72) hours. Upon payment of the charges in full the lien shall be released.

C. Certification Of Abatement Costs: If full payment is not made within thirty (30) days of the mailing of the billing statement requiring payment of abatement service fee, the Board shall certify such charge to be placed on the Property Tax roll.


(7) Certificate Of Noncompliance: In lieu of abatement, the Board may record a Certificate of Noncompliance detailing the violations existing on the property. Such certificate shall be removed upon remedy of the enumerated violation.


(8) Injunction And Other Remedy At Law: The County may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from violations of this chapter, and/or to recover any and all costs enforcement and/or litigation including, but not limited to attorney fees and court costs. (Ord. 19-038, 8-30-2019)

07-19-03: CRIMINAL ENFORCEMENT PROCEDURE:

Any person who allows the existence of a violation of this chapter to continue after a request for voluntary compliance shall be guilty of a misdemeanor. Each and every day in which any such violation continues after ten (10) days from the date of the request for voluntary compliance may be deemed a separate offense. Each violation shall be punishable as provided in Idaho Code section 18-113. The Canyon County Sheriff and/or designated Code Enforcement Officer(s) shall have the authority to issue citations to violators of this chapter. (Ord. 19-038, 8-30-2019)





Chapter 8 - CAFO REGULATIONS

CHAPTER 01
CONFINED ANIMAL FEEDING OPERATIONS

08-01-01: TITLE:

This article shall be known as the CONFINED ANIMAL FEEDING OPERATION (CAFO) ORDINANCE. (Ord. 07-002, 1-18-2007)
08-01-02: AUTHORITY:

This article is authorized by article 12, section 2 of the Idaho constitution and Idaho Code sections 31-801, 31-828 and 67-6529. (Ord. 07-002, 1-18-2007)
08-01-03: PURPOSE:

The purpose of this article is to provide for the orderly placement and regulation of CAFOs in Canyon County, and to require all CAFOs operating in Canyon County to obtain all required permits and be in compliance with all applicable federal and state environmental standards, and to be sited, where appropriate, within the A (agricultural), IP (industrial park), M-1 (light industrial), or M-2 (heavy industrial) zones, and meet certain development standards. (Ord. 07-002, 1-18-2007)
08-01-04: REPEALER:

All ordinances or parts of ordinances in conflict with this article or inconsistent with the provisions of this article are hereby repealed to the extent necessary to give this article full force and effect. However, those portions of Canyon County zoning ordinance 05-002, as amended, which regulate livestock confinement operations shall remain in full force and effect for any livestock confinement operation that is not regulated by this article. (Ord. 07-002, 1-18-2007)
08-01-05: GENERAL:


(1) Nothing in this article, or any action by the county pursuant to this article shall release the applicant from compliance with or other provisions of applicable local, state, and/or federal laws, permit requirements, rules, and/or regulations.


(2) The provisions of this article are minimum standards, and any more restrictive standards required by county or other applicable local, state, and/or federal laws, rules, and/or regulations must be followed. (Ord. 07-002, 1-18-2007)

08-01-06: DEFINITIONS:

For the purpose of this article, certain terms are defined as set forth below. All words in the present tense include the future tense, the plural includes the singular, and words in the singular include the plural, unless the nature of construction of the sentence indicates otherwise. The word "shall" is mandatory. For purposes of this article, the following words shall have the following meanings:

ADJOINING: To be in, or nearly in, contact.

ANIMAL: All vertebrates, except humans.

ANIMAL NUMBERS: The minimum number of animals at the facility for the facility to be defined as a CAFO:


(1) Seven hundred (700) mature dairy cows, whether milked or dry;


(2) One thousand (1,000) veal calves;


(3) One thousand (1,000) cattle or other mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls and cow/calf pairs;


(4) Two thousand five hundred (2,500) swine, each weighing fifty five (55) pounds or more;


(5) Ten thousand (10,000) swine, each weighing less than fifty five (55) pounds;


(6) Five hundred (500) horses;


(7) Ten thousand (10,000) sheep or lambs;


(8) Fifty five thousand (55,000) turkeys;


(9) Thirty thousand (30,000) laying hens or broilers, if the CAFO uses a liquid manure handling system;


(10) One hundred twenty five thousand (125,000) chickens (other than laying hens), if the CAFO uses a liquid manure handling system;


(11) Eighty two thousand (82,000) laying hens, if the CAFO uses a system other than a liquid manure handling system;


(12) Thirty thousand (30,000) ducks, if the CAFO uses a system other than a liquid manure handling system;


(13) Five thousand (5,000) ducks, if the CAFO uses a liquid manure handling system.

ANIMAL WASTE: Animal excrement, feed wastes, process wastewater, or any other waste associated with the confinement of animals.

ANIMAL WASTE SYSTEM: Any structure or system that provides for the collection, treatment, or storage of animal waste, including composting.

APPLICANT: Any person initiating any application for any action or provision authorized under this article.

APPLICATION: The document and accompanying information required of a person seeking a CAFO siting permit.

BOARD: The board of Canyon County, Idaho, commissioners.

BURDEN OF PERSUASION: The requirement that the party seeking relief from the board or commission must provide evidence showing the party has met this article's requirements.

CAFO: (1) Confined animal feeding operation, also referred to as "concentrated animal feeding operation", means a facility where all the following conditions are met:

A. Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days, or more in any twelve (12) month period; and

B. Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the facility; and

C. The facility is designed to confine or actually does confine the minimum of animal numbers as listed in the "animal numbers" definition provided herein.


(2) Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

CAFO FACILITY AREA: A contiguous area or parcel of land or the use of a contiguous area or parcel of land upon which are confined or fed animals in enclosures or ponds, and which does not sustain crops, vegetation, forage growth in the normal growing season or postharvest residues, and which consists of:


(1) Any combination of "animal numbers" or more, as defined herein, that have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in a twelve (12) month period.


(2) A CAFO facility area does not include land application sites. Areas or parcels of land are deemed contiguous when separated by public or private roads as defined by the CCZO. Areas or parcels of land also are deemed contiguous if they are not adjacent, but are owned or operated by a CAFO operator and a pipeline exists which is capable of conveying process wastewater to the nonadjacent land. A CAFO facility area only pertains to the area containing CAFO improvements.

CAFO IMPROVEMENTS: Enhancements to the CAFO real property that would accommodate expanding the number of animals allowed in the siting permit or upgrades to the animal waste system. CAFO improvements do not include land application sites or the piping or method of conveyance used to convey process wastewater to the land application area.

CAFO SITE ADVISORY TEAM: Team authorized by Idaho Code sections 67-6529C and 67-6529G consisting of representatives of Idaho state agencies that review a site and information regarding a proposed CAFO and issue an opinion regarding that site's suitability for a CAFO.

CAFO SITING PERMIT: The conditional use permit required for a person to operate a new or expanding facility.

CCZO: Canyon County zoning ordinance 05-002, as amended.

COMMENCE OR START OF CONSTRUCTION: Date zoning compliance or building permit is issued or notice of agriculture construction is submitted to Canyon County. Where no building permit or notice is required, then the date when work actually began.

COMMISSION: Planning and zoning commission of Canyon County appointed by the board.

COUNTY: Canyon County, Idaho.

DSD: Canyon County development services department.

DEAD ANIMAL: Carcasses, parts of carcasses, or tissues from deceased animals.

DEPARTMENT: Canyon County development services department.

DIRECT GLARE: Intense light resulting from a high luminance or insufficiently shielded light source in the field of view. This type of light often causes annoyance, discomfort, or loss in visual performance and visibility.

DIRECTOR: Director of Canyon County development services department.

ENSILAGE: Fermentation process for animal feeds that include harvested forage products and other feed commodities.

EXISTING CAFO: A CAFO built and in operation and properly registered within six (6) months of the effective date hereof.

EXPANDING OR NONCONFORMING CAFO: An existing CAFO that: 1) cumulatively increases its onetime animal capacity by four hundred (400) or more animal numbers; or 2) cumulatively increases its onetime animal capacity by twenty percent (20%) or more, whichever increase is less; or 3) an existing CAFO that increases the capacity of its animal waste system.

IDAPA: Idaho administrative procedures act.

ISDA: Idaho state department of agriculture.

LAND APPLICATION: The spreading on or incorporation of liquid or solid waste into the soil mantle primarily for beneficial purposes.

MATERIAL CHANGE: An alteration in the CAFO that meets at least one of the following criteria:


(1) Change in the size and/or location of the animal waste system.


(2) Relocation of CAFO improvements outside of the CAFO facility area for which they were approved.


(3) Relocation of any CAFO improvement so it no longer meets a setback required by this article.


(4) Change in type of animal housed.


(5) Cumulative increase of the permitted onetime animal capacity of twenty percent (20%) or four hundred (400) animals, whichever is less.


(6) Change in location of existing dead animal storage area that could affect neighboring property owners.

NEW CAFO: A CAFO commenced after the effective date hereof, which contains upon it a CAFO facility area.

NONCONFORMING CAFO: A CAFO which lawfully existed prior to the enactment hereof and which is not registered and is operated after the effective date hereof. Nonconforming CAFOs may not be expanded or materially improved except as provided for in this article.

NUTRIENT MANAGEMENT PLAN: A plan approved by the appropriate authorizing agency or his/her designee for managing the amount, source, placement, form and timing of the land application of nutrients and soil amendments for plant production and to minimize potential for environment degradation, particularly impairment of water quality.

ODOR MANAGEMENT PLAN: A site specific plan approved by the responsible government agency with regulatory authority to manage odor generated by a CAFO.

ONETIME ANIMAL CAPACITY: The maximum number of animals that a CAFO facility area is permitted to house at any given point in time.

PERSON: Includes, but is not limited to, an individual, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, limited liability company, agency, department, or division, and all other or any other similar entities.

PROCESS WASTEWATER: Any water on the CAFO facility area that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of animals and any products directly or indirectly used in the operation of a CAFO facility area, such as spillage from animal watering systems; washing, cleaning or flushing pens, barns, manure pits, or spray cooling of animals; and dust control and any precipitation which comes into contact with animal waste.

PUBLIC RIGHTS OF WAY: All public rights of way intended for road purposes under the jurisdiction of local, state, and/or federal agencies.

REGISTRANT: Owner or operator of an existing CAFO who files a registration notice with the DSD office and provides the information required under this article.

REGISTRATION NOTICE: The document and accompanying information that an existing or nonconforming CAFO shall file with the director in order to register the CAFO.

RESIDENCE: Buildings or structures used for human occupancy such as residences, dwellings, churches, schools, subdivisions and planned unit developments.

SETBACK: The mandatory and/or minimum separation distance between the specified uses herein and/or structures.

SITE PLAN: A scaled drawing which includes the elements as set forth in section 08-01-07 or 08-01-09 of this article.

STRUCTURE: Any building used or intended for supporting or sheltering any use or occupancy as defined in the Canyon County building code, as amended.

USDA: United States department of agriculture.

USGS: United States geological survey.

VARIANCE: A modification of the requirements of this article which uses the notification procedures set forth in section 07-08-01 of this code. (Ord. 07-002, 1-18-2007)

08-01-07: REGISTRATION PROCESS FOR EXISTING CAFOs:


(1) Within six (6) months from the effective date hereof, any person or entity ("registrant") operating an existing or nonconforming CAFO shall file a registration notice with the director. An existing or nonconforming CAFO that fails to file a registration notice within six (6) months of the effective date hereof shall pay a fee as set by the board by resolution, which fee shall be submitted with the registration notice. CAFOs that have previously received a conditional use permit, or have registered as an existing facility, need not register or reregister under this section. The registration notice shall be submitted on a form provided by the department and shall include, but not be limited to, the following applicable information:

A. Name, address and telephone number of registrant.

B. Type of animals.

C. Onetime total animal capacity.

D. A site plan, drawn to scale, or a scalable aerial photograph taken within the last six (6) months, showing and labeling the following:

1. Size including CAFO facility area dimensions and location of existing improvements within the CAFO, so that the CAFO facility area may be determined.

2. Property lines and acreage.

3. Feed storage area.

4. Confinement areas.

5. Animal waste management system.

6. Wells.

7. Dead animal storage.


(2) The department shall provide the applicant written notification of receipt within twenty (20) days of receipt of the registration notice and may request additional information for clarification. Upon receipt of the registration notice if no clarification information is requested by the department, and if the clarification information has been received by the department and is complete to the department's satisfaction, the department shall issue a certificate of registration to the applicant.


(3) Registration notices which have been filed with the department shall allow the continued operation of an existing or nonconforming CAFO, as described in the registration notice, and shall be transferable in the same manner as a CAFO siting permit for so long as the CAFO remains in operation without a material change. (Ord. 07-002, 1-18-2007)

08-01-08: CAFO SITING PERMIT REQUIRED:


(1) The following require a CAFO siting permit prior to the operation or commencement of a CAFO:

A. Expanding an existing CAFO; or

B. Material change to an existing CAFO; or

C. A new CAFO.


(2) The CAFO siting permit may be transferred. The department shall be given twenty (20) working days' notice by the CAFO transferring party prior to the transfer of a CAFO siting permit, setting forth the date of the transfer and the name, mailing address and telephone number of the party to whom the permit is being transferred. CAFO siting permits are appurtenant to the location for which they are granted, shall not be transferred to any other location, and are binding on transferees.


(3) An existing or nonconforming CAFO that has registered with the department or has obtained a CAFO siting permit may make changes without applying for another siting permit, if such changes do not meet this article's definitions of "material change" or expanding CAFO. (Ord. 07-002, 1-18-2007)

08-01-09: CONTENTS OF APPLICATION FOR CAFO SITING PERMIT:


(1) The application shall contain all information reasonably required by the department, including, but not limited to:

A. Information required by the CAFO siting advisory team as set forth in Idaho administrative code section 02.04.18.300, as amended, a copy of which is available on request from the department.

B. A complete legible site plan shall be as required for clarity. The site plan size shall be at least eighteen inches by twenty four inches (18" x 24"). The site plan shall include, but is not limited to, the following information:

1. Building locations.

2. Animal waste system.

3. Dead animal storage.

4. Feed storage area.

5. Animal confinement areas.

6. Perimeter dimensions of the CAFO facility area and distances to determine compliance with setback requirements.

7. A map, or maps, including surface contours, soil depths and types, size and location of natural drainage points of the CAFO site, obtained from the natural resource conservation service of the United States department of agriculture or other source. Proposed changes to the existing contours shall be shown on a separate contour map prepared by an engineer or surveyor licensed in the state of Idaho.

C. The site plan shall clearly delineate a line enclosing all CAFO improvements. Proposed expanding or new facility information shall be included in the maps. The above information may be provided on more than one map, where distances and scale make using one map impractical.

D. An animal waste system design plan for animal waste that meets all state and federal requirements and is approved by the responsible regulatory agency. If a waste system is not required, the applicant shall provide satisfactory proof to the department of the lack of need for such a system.

E. Written certification from the applicable regulatory agency that a nutrient management plan, if such a plan is required by any regulatory agency with authority over the proposed CAFO, has been approved.

F. Written certification from the applicable regulatory agency that an odor management plan, if such a plan is required by any regulatory agency with authority over the proposed CAFO, has been approved.

G. Written comment on and approval of the filed site plan from the applicable highway district showing that the site is served by roads of capacity sufficient to carry the traffic generated by the CAFO.

H. All land, whether owned or leased by a CAFO operator, or on which a CAFO is operated, and on which animal waste will be applied shall have a nutrient management plan.

I. Composting under the supervision of the ISDA shall be an acceptable alternative to land application.


(2) The applicant shall submit one additional copy of the above information for the CAFO site advisory team, or any other similar entity approved and required by the department. The department shall take any steps necessary to transmit the information. The CAFO advisory team report will be part of the application, if such a report is requested, and may be used in determining the suitability of the proposed site.


(3) A fee shall be submitted with the application in an amount set by the board by resolution. (Ord. 07-002, 1-18-2007)

08-01-10: PROCESS OF NOTICE AND APPLICATION FOR HEARING FOR CAFO SITING PERMIT APPROVAL:

The department shall review the CAFO permit application for completeness. Upon determining that the same is complete, the commission shall conduct a minimum of one public hearing. Hearings shall be advertised and conducted according to the requirements of conditional use permits contained in the CCZO and Idaho Code section 67-6509, as amended. (Ord. 07-002, 1-18-2007)
08-01-11: CRITERIA FOR APPROVAL AND DEVELOPMENT STANDARDS FOR NEW FACILITIES:


(1) Prior to approval of a CAFO siting permit for a new CAFO, and after public hearing, the commission shall find that the proposed new CAFO meets the following requirements:

A. General Requirements:

1. The new CAFO shall be within an area zoned A (agricultural), M-1 (light industrial), M-2 (heavy industrial) or IP (industrial park), where appropriate.

2. The new CAFO shall comply with and not be in violation of any federal, state or local laws or regulatory requirements.

3. An applicant shall not begin construction of a new CAFO prior to approval of the CAFO siting permit.

4. A new CAFO shall comply with IDAPA rules governing dead animal disposal.

B. Animal Waste:

1. The new CAFO shall comply with the terms of its nutrient management plan for land application.

2. The new CAFO shall be in compliance with all applicable environmental regulations and requirements.

3. All new lagoons shall be constructed in accordance with state and federal regulations.

C. Site Setbacks: An expansion of an existing CAFO, other than a simple expansion of the number of animals, shall comply with the following site setbacks. If the expansion requires a change in only one or more of the following, the particular item shall comply with the particular setback listed below. The site shall not be required to meet new setback requirements unless the requested expansion requires a change in that particular item. For example, if there is no change in the size or location of the ensilage process, an operator need not bring that particular use into conformance with the requirements of subsection C2 of this section regarding setback from an existing residence.

1. The locating of animal waste systems, corrals, wells and septic systems shall conform to all applicable rules, regulations and specifications as required by those regulatory agencies with CAFO oversight.

2. Any feed product resulting from the ensilage process shall be located at least three hundred fifty feet (350') from any existing residence not belonging to the owner or operator of the CAFO, unless the other owner gives written consent to a shorter distance.

3. All agricultural buildings, feed bunks, feed racks, corrals, feed storage areas, or other improvements shall be set back a minimum of fifty feet (50') from the public rights of way.

4. Lights shall be placed and shielded to direct the light source down and inside the property lines of the new CAFO. All direct glare from the CAFO lights shall be contained within the CAFO facility area.

5. No new CAFO shall be approved unless the following questions are answered to the satisfaction of the commission or board:

(A) Whether the proposed facility will be injurious to or negatively change the essential character of the vicinity.

(B) Whether the proposed facility would cause adverse damage, hazard and nuisance to persons or property within the vicinity.

(C) Whether studies should be ordered at the CAFO applicant's expense to aid the commission/board in determining what additional conditions should be imposed as a condition of approval to mitigate adverse damage, hazard and nuisance effects.

6. The animal waste system shall not be located or operated closer than five hundred feet (500') from an existing residence belonging to someone other than the applicant, or be located and/or operated closer than one hundred feet (100') from the property lines, unless the other owner gives written consent to a shorter distance.

7. No animal waste system shall be located and/or operated closer than one hundred feet (100') from a domestic or irrigation well.

8. No animal waste system shall be located closer than one hundred feet (100') from a public right of way.

9. The setbacks contained herein shall not apply to land application.

D. Exemption To Subsection (1)C Site Setbacks: Certain land parcels may not be conducive to setback requirements due to unique locations, demographics and technology. Where appropriate, the commission may grant an applicant a variance to setback requirements pursuant to section 07-08-01 (variance) of this code. If this setback includes animal waste systems, the systems shall meet all state and federal regulations and be approved by the regulatory agency exercising authority. (Ord. 07-002, 1-18-2007)

08-01-12: CRITERIA FOR APPROVAL OF EXPANDING CAFOs:


(1) Prior to approval of a CAFO siting permit for an expanding CAFO, the commission shall find that the expanding CAFO meets the following requirements:

A. General Requirements:

1. The expanding CAFO shall be within an area zoned A (agricultural), M-1 (light industrial), M-2 (heavy industrial) or IP (industrial park), where appropriate.

2. The expanding CAFO shall comply with and not be in violation of any federal, state or local law or regulatory requirements.

3. An applicant shall not begin construction of an expanding CAFO prior to approval of the CAFO siting permit.

4. An expanding CAFO shall comply with IDAPA rules governing dead animal disposal.

B. Animal Waste:

1. The expanding CAFO shall comply with the terms of its nutrient management plan for land application.

2. The expanding CAFO shall be in compliance with all applicable environmental regulations and requirements.

3. All new lagoons shall be constructed in accordance with state and federal regulations.

C. Site Setbacks:

1. The locating of animal waste systems, corrals, wells, and septic systems shall conform to all applicable rules, regulations and specifications as required by those regulatory agencies with CAFO oversight.

2. Any feed product resulting from the ensilage process shall be located at least three hundred fifty feet (350') from any existing residence not belonging to the owner or operator of the CAFO, unless the other owner gives written consent to a shorter distance.

3. All agricultural buildings, feed bunks, feed racks, corrals, feed storage areas, or other improvements shall be set back a minimum of fifty feet (50') from the public rights of way.

4. Lights shall be placed and shielded to direct the light source down and inside the property lines of the expanding CAFO. All direct glare from the CAFO lights shall be contained within the CAFO facility area.

5. The animal waste system shall not be located closer than five hundred feet (500') from an existing residence belonging to someone other than the applicant, or be located and/or operated closer than one hundred feet (100') from the property lines, unless the other owner gives written consent to a shorter distance.

6. No animal waste system shall be located closer than one hundred feet (100') from a domestic or irrigation well.

7. No animal waste system shall be located closer than one hundred feet (100') from a public right of way.

8. The setbacks contained herein shall not apply to land application.

D. Exemption To Subsection (1)C Site Setbacks: Existing agricultural buildings, feed bunks, feed racks, corrals and feed storage areas, including feed products resulting from the ensilage process, are exempt from the setback requirements provided they are not being expanded. Certain land parcels may not be conducive to setback requirements due to unique locations and circumstances. Where appropriate, the commission may grant applicants a reduction in setback requirements. If this setback includes an animal waste system, the system shall meet all state and federal regulations and be approved by the regulatory agency with authority over the animal waste system. (Ord. 07-002, 1-18-2007)

08-01-13: VARIANCE PROCESS:


(1) A variance may be sought relating to the requirements contained in this article by making a written request for a variance at the time of filing the CAFO siting permit application. The commission may authorize a variance from the requirements contained in this article not in conflict with the public interest where, owing to special conditions, a literal enforcement of the provisions of this article would result in undue hardship to the applicant. The applicant for a variance bears the burden of persuasion.


(2) Variance procedures are governed by CCZO. The applicant shall pay the required variance fee as set by the board by resolution at the time of submitting his or her application. (Ord. 07-002, 1-18-2007)

08-01-14: GRANT OR DENIAL OF CAFO SITING PERMIT:


(1) If the commission finds that the applicant has carried the burden of persuasion that the proposed expanding or new CAFO complies with the criteria set forth in this article, the commission shall grant the CAFO siting permit requested. The CAFO siting permit shall be in the form of findings of fact, conclusions of law and order. If the commission does not find that the applicant has shown that the proposed expanding or new CAFO meets the criteria set forth herein, the commission shall deny the CAFO siting permit in writing setting forth reasons for the denial and the relevant law relied upon and action that may be taken by the applicant to attempt to obtain a conditional use permit. In making such decision, the commission may use information and consider recommendations received from the state of Idaho CAFO advisory team or any other similar group.


(2) Construction of the new or expanding CAFO must commence within three (3) years of the issuance of the CAFO siting permit and be completed within five (5) years of the same date. If construction has not commenced within three (3) years and/or completed within five (5) years from the date the CAFO siting permit was approved, the permit holder may request an extension. Application for extension must be filed at least sixty (60) days prior to the expiration of the three (3) year or five (5) year period. A renewal extension, if granted, may be limited to three hundred sixty five (365) calendar days, which shall commence at the expiration of either period. The applicant bears the burden of persuasion on an extension request. (Ord. 07-002, 1-18-2007)

08-01-15: PROCESS FOR CAFO SITING PERMIT:


(1) If the CAFO siting permit holder desires to make changes to the conditions of the CAFO siting permit that result in material changes to the project, an amended conditional use permit is required. The commission, after notice and hearing as required for an original application, and if necessary after submission of additional information, shall apply the same criteria as for granting an original application. If the change request is granted by the commission, an amended CAFO siting permit shall be issued within ten (10) days of commission approval.


(2) If the change request is denied by the commission, the CAFO siting permit holder may appeal the denial to the board. The appeals shall be governed and processed in accordance with the provisions of the CCZO 05-002, as amended.


(3) Inspection of the construction progress of the CAFO facility authorized by the CAFO siting permit shall occur as governed by the current international building code adopted by the board. For those sections for which a building code inspection is not required, inspections, if requested by the department, shall be performed by the appropriate agency having jurisdiction and reported to the director.


(4) The director shall have the authority to issue a "stop work" order for that portion of the new or expanding facility in violation of the CAFO siting permit if an inspection reveals a material violation of the terms of the CAFO siting permit or construction that does not comply with the CAFO plans as presented. All work specified in the order shall stop after posting the order. The CAFO siting permit holder owner may appeal such an order to the commission by filing an application approved by the department and paying the filing fee approved by the board by resolution.


(5) A CAFO operator may initiate operation of a new or expanded facility prior to completion of the project, provided that they have the necessary operation and nutrient management plan in place and provided that their waste management facility has passed final inspection by ISDA, or the appropriate state/federal agency having jurisdiction.


(6) After completion of the construction of the new or expanding CAFO authorized by the CAFO siting permit and completion of any approved change requests or department required compliance corrections, the applicant shall provide written proof to the director that all required permits have been obtained and the nutrient management plan approved where a responsible regulatory agency requires approval of that plan. The applicant shall provide copies of all permits and the nutrient management plan for the CAFO to the director. The director shall certify that the new or expanding CAFO has been inspected and conforms to the terms of the CAFO siting permit, with approved changes, and the CAFO siting permit holder is fully authorized to operate the new or expanded CAFO.


(7) The board may also, at any time, take immediate action to protect the public from immediate danger in accordance with the process set forth in CCZO and the local land use planning act, as amended. (Ord. 07-002, 1-18-2007)

08-01-16: GENERAL APPEAL PROCEDURES:


(1) Commission decisions shall be reduced to writing. Those decisions may be appealed to the board by filing a written notice of appeal with DSD within fifteen (15) calendar days of the date the commission chair signed the findings, conclusions and order or recommendation. The notice of appeal should include a statement of the reasons for the appeal and must be accompanied by a filing fee as provided by section 08-01-09 of this article.


(2) The board chairperson shall preside over all appeal hearings, and shall serve as presiding officer in applying the procedures set forth in chapter 1, article 17 of this code and section 08-01-10 of this article.


(3) The board considers the appeal as a brand new hearing on the issues as if it were a hearing originating before the board. (Ord. 07-002, 1-18-2007)

08-01-17: PENALTIES, ENFORCEMENT AND PERMIT REVOCATION:


(1) Penalties: Each violation of this article is a misdemeanor. Each day that work or land use continues after notification of violation shall constitute a separate offense, and each violation shall be punishable as provided in Idaho Code section 18-113, as amended.


(2) Enforcement Procedures:

A. Whenever DSD shall determine that a probable violation of this article has occurred or is about to occur, it shall notify the board of such probable violation and recommend action that should be taken. Upon knowledge of probable violation, whether or not a recommendation has been received from the director or the commission, the board may request that the Canyon County prosecuting attorney investigate, and if appropriate, commence action, criminal or civil, to correct the violation and to punish the same.

B. In the event any use of land or any construction commences in violation of the provisions of this article, 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.


(3) CAFO Permit Revocation Procedures: Violation of this article, or any conditions of an approved CAFO siting permit, will cause the owner/operator to be in violation of this article and will cause the CAFO siting permit to be revoked. The violation may cause the revocation of the CAFO siting permit by the county in accordance with the following notice and hearing procedures:

A. If any person, including staff or a member of the commission, files a written notice presenting sufficient evidence, as determined by the director, alleging that the conditions of the conditional use permit have been violated, the final presiding party, the board or the commission, whichever made the final decision, shall set the matter for a public hearing noticed in accordance with subsection (3)B of this section.

B. The commission or the board shall conduct at least one public hearing on the proposed revocation of an approved CAFO siting permit for a new CAFO or a CAFO siting permit for an expanding CAFO in which interested persons shall have an opportunity to be heard. At least fifteen (15) calendar days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or newspaper of general circulation within the county. Notice may also be made available to other newspapers, radio and television stations serving the county for use as a public service announcement. Notice shall also be posted on the premises not less than one week prior to the hearing. At least fifteen (15) calendar days prior to the public hearing, notice shall also be provided to property owners or purchasers of record, within the land being considered, three hundred feet (300') of the external boundaries of the land being considered, and any additional area determined by the commission or board. (Ord. 07-002, 1-18-2007)

08-01-18: LAWFULLY CONDUCTED OPERATIONS:

It is the policy of Canyon County that no person shall be allowed to challenge lawfully conducted agricultural operations whether such operations result in inconvenience to other nonagricultural residences or users in an agricultural zone. Therefore, no person shall challenge such lawfully conducted agricultural operations, including, but not limited to, the operation of dairies, feedlots, CAFOs, aerial spraying, nighttime activities associated with planting, harvest, or cultivation, and whether such activities result in noise, dust, insects, slow traffic, or otherwise cause inconvenience to surrounding property owners where such agricultural activities are being conducted or approved when such person takes occupancy of such other nonagricultural use, including residence. (Ord. 07-002, 1-18-2007)





Chapter 9 - AREAS OF CITY IMPACT

CHAPTER 1
CALDWELL

09-01-01: TITLE:

This article shall be known as the CALDWELL AREA OF CITY IMPACT (PLANS AND ORDINANCES/MAP) ORDINANCE. (Ord. 05-013, 6-1-2005)
09-01-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Titles and subtitles of this article are only used for organization and structure, and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(2) Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of Canyon County and the inhabitants thereof by establishing regulations for the Caldwell area of city impact, and further, to:

A. Facilitate Legal Duties Or Parties: To facilitate the legal duties, responsibilities, and authority of Canyon County, Idaho and city of Caldwell, Idaho as is prescribed and provided by the Idaho legislature regarding impact areas; and

B. Processing Of Land Use And Land Division Applications: To provide steps and procedures required for processing zoning applications, comprehensive plan and zoning amendments and subdivision plats and land division within the Caldwell area of city impact in accordance with Idaho Code section 67-6526; and

C. Economical And Compatible Infrastructure: To identify an urban fringe in the unincorporated area surrounding the city of Caldwell within which there is potential for development or changes in land use that must be planned, designed and constructed in an orderly manner compatible with the city of Caldwell for the city of Caldwell to assure timely and/or economical provision of public services, such as: water supply, sewage and storm water collection and treatment, public safety services, airport, parks, and other community service facilities.

D. Compatible Land Use And Roads: To promote land use compatibility, maintain consistent and continuous street alignment, and support traffic flow objectives.


(3) Duration: This article shall be in effect unless amended or otherwise changed in accordance with section 09-01-17 of this article.


(4) Authority: This article is authorized by Idaho Code sections 31-801, 31-828 and 67-6526.


(5) No Separate Entity: This article does not create a separate legal entity.


(6) No Administrative Entity Created: No administrative entity is created as this article only provides for cooperation between the parties using existing agency personnel.


(7) Real And Personal Property: It is not contemplated, due to the nature of this article, that there will be a need to acquire, hold, and/or dispose of any real or personal property under this article.


(8) No Administrative Entity Created: No administrative entity is created as this agreement only provides for cooperation between the parties using existing personnel of Canyon County and the city of Caldwell.


(9) Financing/Budget: Unless otherwise agreed to in writing there shall be no joint financing of activities under this article. No compensation shall be due and owing for services to either party from the other party. Each party agrees to establish its own fees and to be responsible for the collection of said fees from the public and for payment of compensation and benefits for its employees. Each party shall independently budget for expected expenses under this article. (Ord. 05-013, 6-1-2005)

09-01-05: REPEALER:

This article repeals the joint exercise of power agreement for the area of city impact between the city of Caldwell and Canyon County (dated March 3, 1997), Canyon County ordinance re: city of Caldwell, Idaho impact area map (ordinance 00-005, adopted June 14, 2000), and all ordinances, regulations, or parts thereof, in conflict herewith. (Ord. 05-013, 6-1-2005)
09-01-07: SAVING CLAUSE:

Any actions, civil, criminal or administrative, which are pending at the time of the enactment of this article, may be pursued as if this article had not been enacted. (Ord. 05-013, 6-1-2005)
09-01-09: AREA OF CITY IMPACT DEFINED:

The Caldwell area of city impact consists of an area in unincorporated Canyon County where development or use of land affects, or may affect, the city of Caldwell in consideration of trade areas, geographic factors and areas that can reasonably be expected to be annexed to the city of Caldwell in the future. (Ord. 05-013, 6-1-2005)
09-01-11: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED:


(1) The Caldwell area of city impact is hereby established as described in exhibit A attached to ordinance 16-011, a map entitled "Caldwell area of city impact", which map is officially made a part hereof by reference. The Caldwell area of city impact being established and map being specifically adopted by city of Caldwell municipal ordinance 3053.


(2) The Caldwell area of city impact may be reevaluated by the city and Canyon County at such times as they may agree upon, in accordance with Idaho Code section 67-6526, as amended, to consider possible changes in the geographic area affected and/or other provisions of this article. (Ord. 16-011, 9-2-2016)

09-01-13: AREA OF CITY IMPACT MAP:

The Caldwell area of city impact within the unincorporated area of Canyon County adopted herein shall be in effect until amended or modified as allowed by law. (Ord. 16-011, 9-2-2016)
09-01-15: ANNEXATION LIMITED:


(1) Lands Within Area Of impact: Annexation by the city of Caldwell shall be limited to lands lying within the area of impact, unless the owner of the land requests that the tract of land be annexed by the city of Caldwell pursuant to Idaho Code, section 50-222 et seq., and the land is contiguous or adjacent to the boundaries of the city of Caldwell.


(2) Application Of Provisions Upon Annexation: Upon annexation, the provisions of this article shall no longer apply to the annexed area.


(3) Annexation Notification: The city of Caldwell shall notify the director of the county's development services department ("director") in writing ten (10) calendar days in advance of the first city public hearing at which each annexation is considered by the city of Caldwell. The city of Caldwell shall notify Canyon County, in writing, within ten (10) calendar days following the effective date of the annexation ordinance. (Ord. 05-013, 6-1-2005)

09-01-17: APPLICABLE COMPREHENSIVE PLAN AND POLICIES:


(1) Comprehensive Plan: The Canyon County comprehensive plan, as amended, shall apply to the Caldwell area of city impact. Canyon County recognizes that the city of Caldwell has also developed a comprehensive plan and accompanying map for the Caldwell area of city impact. Canyon County shall give consideration to the city's comprehensive plan map designations when evaluating development requests with the Caldwell area of city impact.


(2) Hearing Participation: The city of Caldwell may apply at any time to amend Canyon County's comprehensive plan and/or zoning ordinance, as the city of Caldwell deems necessary and appropriate, and shall fully participate in the hearing process. Input from the city of Caldwell will not be binding or controlling on Canyon County, but shall be treated as documentary evidence. The city of Caldwell shall have affected party status pursuant to Idaho Code section 67-6521 of the local land use planning act, and the county shall review and consider the city of Caldwell's planning goals for growth and development in the Caldwell area of city impact when the county considers comprehensive planning and zoning changes affecting the Caldwell area of city impact.


(3) Comprehensive Plan Amendment Proposals: Notice of all proposals to amend the county comprehensive plan, which may pertain to the Caldwell area of city impact but which do not originate from the city of Caldwell, shall be given to the city of Caldwell community development director at least thirty (30) calendar days prior to the first county public hearing at which such proposal is considered by the county, and the city of Caldwell may make a recommendation before or at said public hearing. After the city receives its initial thirty (30) days' notice, any further notice of proposed changes to the proposal will be provided to the city of Caldwell at least seven (7) days prior to the public hearing. If a recommendation is received by the county from the city of Caldwell, the recommendation shall be given consideration by the county, provided it is factually supported. Such recommendation shall not be binding on the county. If no recommendation is received, Canyon County may proceed without the recommendation of the city of Caldwell.


(4) Final Document Forwarding: After final action has been taken on any proposed amendments to the county's comprehensive plan and/or zoning ordinance or subdivision regulations, Canyon County shall notify the city of Caldwell of said final action by forwarding a copy to the city of Caldwell of all final documents reflecting the action taken by Canyon County. (Ord. 05-013, 6-1-2005)

09-01-19: APPLICABLE ORDINANCES AND STANDARDS:

Within the Caldwell area of city impact, the following ordinances apply, but the city of Caldwell ordinances are subject to the waiver provisions in subsection (6) of this section:


(1) Canyon County zoning ordinance, as lawfully amended.


(2) City of Caldwell's subdivision ordinance, ordinance 1758, in the form existing as of April 1, 2005, except for simple division (lot split) provisions and except for hearing procedures. The county's hearing procedures shall apply.


(3) The following city of Caldwell ordinances apply, even when in conflict with otherwise applicable county provisions:

A. City road widths and profiles found in subsections 11-03-03(2), (3), (4), and (5) of the city of Caldwell municipal code, in the form existing as of April 1, 2005;

B. Caldwell city ordinance 2541, and all standards and specifications adopted thereby, in the form existing as of April 1, 2005.

C. Caldwell city ordinance 2548, in the form existing as of April 1, 2005.

D. Municipal code of the city of Caldwell, chapter 10, article 7, "Caldwell Landscape Ordinance", in the form existing as of April 1, 2005.

E. Municipal code of the city of Caldwell, chapter 10, article 8, "Caldwell Tree Ordinance", in the form existing as of April 1, 2005.

F. Municipal code of the city of Caldwell, chapter 10, article 10, "Transportation Policies And Practices", in the form existing as of April 1, 2005.

G. Municipal code of the city of Caldwell, chapter 4, article 17, "Caldwell Irrigation Utility Ordinance", in the form existing as of April 1, 2005.


(4) Except as set forth above, all other standards of applicable Canyon County codes and ordinances; and


(5) For subdivisions and planned unit developments applied for in the Caldwell area of city impact, Canyon County will require on the face of each final plat a certification line for execution by the city of Caldwell engineer attesting to the plat's conformance with the city standards set forth above. Also, Canyon County will not sign a final plat, or authorize the plat to be recorded, prior to the city engineer's signing the plat.


(6) Waiver Of City Of Caldwell Ordinance Provisions: The requirements listed in the Caldwell ordinances, identified in subsections (2) and (3) of this section, may be waived by the Canyon County board of commissioners in its discretion. An applicant for such waiver bears the burden of persuasion and must specifically state the reasons why a waiver is necessary and prove said waiver will not cause an adverse effect to the health, safety and welfare of the community and that the requirements sought to be waived constitute an undue hardship. For the purpose of this section, increased financial expense associated with a requirement, by itself, does not constitute an undue hardship. Notice of the requested waiver must be given to the city of Caldwell not less than thirty (30) days prior to the hearing on the waiver application. Any further notice on the proposed waiver will be provided to the city of Caldwell at least seven (7) days prior to any public hearing. Written objections from the city of Caldwell will be considered by the Canyon County commissioners. The application for waiver must show that prior to filing the application, the applicant first sought consent from the city of Caldwell to the waiver, indicating the date of the request and the response, if any, from the city of Caldwell. In granting any waiver, the county may impose any conditions the county deems necessary to help mitigate any adverse effect to the health, safety and welfare of the community. The application for waiver will first be considered by the Canyon County planning and zoning commission at a public hearing, which shall make recommendations to the Canyon County board of commissioners for their consideration at a public hearing. The public hearings held before the Canyon County planning and zoning commission and the Canyon County board of commissioners will be conducted in accordance with the notice and hearing procedures provided by subsections 07-17-09(4) and (5) of this code. (Ord. 05-013, 6-1-2005)

09-01-21: ZONING ORDINANCE AMENDMENT PROPOSALS:

All proposed amendments to the text and/or map of the Canyon County zoning ordinance or subdivision regulations, which may relate to the Caldwell area of city impact, shall be referred by the county to the city of Caldwell in the same manner as provided for in subsection 09-01-17(3) of this article. Any recommendation of the city of Caldwell shall be considered in the same manner as provided for in subsection 09-01-17(3) of this article. (Ord. 05-013, 6-1-2005)
09-01-23: AMENDMENT OF COUNTY AND CITY ORDINANCES RELATING TO AREA OF CITY IMPACT AND NOTICE:


(1) Subject to subsection 09-01-17(3) of this article, prior to amendment by the county of any Canyon County ordinance applicable in the Caldwell area of city impact as set forth in section 09-01-19 of this article, Canyon County shall forward the proposed change(s) to the city of Caldwell for review and comment at least thirty (30) calendar days prior to the first Canyon County public hearing at which such amendment(s) will be considered. Any further notice of proposed changes to the proposal will be provided to the city of Caldwell at least seven (7) days prior to the public hearing.


(2) Prior to amendment by the city of any city of Caldwell ordinance applicable in the Caldwell area of city impact as set forth in section 09-01-19 of this article, the city of Caldwell shall forward the proposed change(s) to Canyon County for review and comment at least thirty (30) days prior to the first city of Caldwell public hearing at which such amendment(s) will be considered. Any further notice of proposed changes to the proposal will be provided to Canyon County at least seven (7) days prior to the public hearing. (Ord. 05-013, 6-1-2005)

09-01-25: APPLICATION PROCEDURES:

The following procedures shall be adhered to in processing applications within the Caldwell area of city impact:


(1) Land Use Applications: All land use applications submitted to Canyon 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 of Caldwell in the manner as provided for in subsection 09-01-17(3) of this article.


(2) Planned Unit Developments: All planned unit developments shall be processed as provided for in this code, and as provided for in subsection 09-01-17(3) of this article.


(3) Subdivision Plat Applications: All subdivision plat applications shall be processed as provided for in this code, and as provided for in subsection 09-01-17(3) of this article.


(4) Building Permit Applications: All building permit applications shall be processed as provided for in this code. Owners of properties connecting to city of Caldwell water and/or sewer must obtain a certificate of acceptance from the authorized city of Caldwell official as a condition precedent to obtaining the building permit.


(5) Notice Contents: The county's notice to the city of Caldwell, as provided for by subsection 09-01-17(3) of this article, shall include with the notice a copy of the application and concept plan or plat and irrigation plan, and any other relevant information submitted by the applicant.


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


(7) City/County Internal Procedures: Each party shall determine its own internal procedures 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. An appeal made by the city of Caldwell, or by the county to the city, shall be processed by the nonappealing party in accordance with the internal procedures of the nonappealing party. (Ord. 05-013, 6-1-2005)

09-01-27: AMENDMENT OF CALDWELL AREA OF CITY IMPACT (PLANS AND ORDINANCES) ORDINANCE:


(1) In accordance with Idaho Code section 67-6526(d), the city of Caldwell or the board of county commissioners may request, in writing, the renegotiation of any provision of this article at any time. Within thirty (30) days of receipt of such written request by either party, an initial meeting between the two (2) jurisdictions should occur. If the parties agree to amend this article, hearings to enact such amendments shall be scheduled before the parties' respective planning and zoning commissioners or the hearing examiners with ultimate approval resting with the board of county commissioners and the Caldwell city council. If the parties are unable to agree to amend this article, either party may elect to submit the issues to a committee of nine (9) as described in the local land use planning act, Idaho Code section 67-6526(b).


(2) During renegotiation, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by both the city of Caldwell and Canyon County, in accordance with the notice and hearing procedures provided in title 67, chapter 65 of Idaho Code, or until a declaratory judgment from district court is final.


(3) Amendments to this article shall be processed using the notice and hearing requirements of Idaho Code section 67-6509. (Ord. 05-013, 6-1-2005)

09-01-29: SEVERABILITY:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 05-013, 6-1-2005)
09-01-31: EFFECTIVE DATE:

This article shall be in full force and effect upon its passage, approval, and publication. (Ord. 05-013, 6-1-2005)





CHAPTER 3
GREENLEAF

09-03-01: TITLE:

This Article shall be known as the GREENLEAF AREA OF CITY IMPACT (PLANS AND ORDINANCES) ORDINANCE. (Ord. 94-013, 12-23-94)
09-03-03: SCOPE:


(1) The Idaho Legislature duly enacted Idaho Code section 67-6526(a) which provides that by separate ordinance the County of Canyon and City of Greenleaf shall provide for application of plans and ordinances for the area of city impact; and


(2) The City of Greenleaf and the County have adopted a map identifying the City of Greenleaf impact area within the unincorporated area of the County by the adoption of Ordinance No. 99 duly passed by the City of Greenleaf on October 26, 1994, and by Ordinance No. 94-005 duly passed by Canyon County on October 27, 19941; and


(3) Idaho Code section 67-6526(a) requires that the City of Greenleaf and the County of Canyon provide by ordinance for the application of plans and ordinances for the area of city impact of the City of Greenleaf within the unincorporated area of the County no later than January 1, 1995; and


(4) The City of Greenleaf and the County shall enter into a joint exercise of power agreement for the impact area of the City of Greenleaf, which agreement shall provide for and facilitate the legal duties of the parties and their responsibilities and authority as required under the Local Planning Act of 1975, and including any duties appertaining to the area of City impact subsequently required by the Idaho Legislature. (Ord. 94-013, 12-23-94)

09-03-05: ANNEXATION LIMITED:


(1) Lands Within Area Of Impact: Effective January 1, 1995, annexation by the City of Greenleaf shall be limited to lands lying within the area of impact, unless the owner of the land requests the tract of land be annexed by the City, and the land is contiguous to the boundaries of the City of Greenleaf.


(2) Application Of Provisions Upon Annexation: Upon annexation, the provisions of this Article shall no longer apply to the annexed area. (Ord. 94-013, 12-23-94)

09-03-07: APPLICATION OF COMPREHENSIVE PLAN AND ZONING ORDINANCE:

There is hereby adopted for the purposes of complying with Idaho Code section 67-6526(a) the Ordinance codified in this Article, which provides for the application of the latest edition of the Canyon County Comprehensive Plan as duly enacted and adopted and amended by the County Commissioners, and Chapter 7 of this Code, to the area of impact of the City of Greenleaf within the unincorporated area of the County, until a new comprehensive plan and/or zoning ordinance has been duly adopted in accordance with the provisions of a joint exercise of power agreement impact area City of Greenleaf/County of Canyon. Until the joint exercise of power agreement is adopted and operational, the County shall direct copies of all applications coming before it, pursuant to the Local Planning Act of 1975 and Chapter 7 of this Code concerning property located in the area of City impact of Greenleaf, for the City of Greenleaf's input on the application and shall give such input due consideration; and after the adoption of the joint exercise of power agreement and the same becomes operational, then the provisions of that agreement shall govern this process. (Ord. 94-013, 12-23-94)
09-03-09: APPLICATION OF GREENLEAF SUBDIVISION ORDINANCE:


(1) Adoption Of Subdivision Ordinance: There is hereby adopted for the purposes of complying with Idaho Code section 67-6526(a) the ordinance codified in this article, which provides for, except as provided in subsection (2) of this section, the application of City of Greenleaf's Subdivision Ordinance, as amended, as codified at title 14, chapters 1 through 9, Municipal Code of the City of Greenleaf, to the Area of Impact of the City of Greenleaf within the unincorporated area of the County, until a new Subdivision Ordinance has been duly adopted in accordance with the provisions of a joint exercise of power agreement impact area City of Greenleaf/County of Canyon.


(2) Exceptions And Conflict Procedure: In the event a conflict in the application of the provisions of chapter 7 of this Code and the provisions of the City of Greenleaf's Subdivision Ordinance to the Area of Impact of the City of Greenleaf, the provisions of the City of Greenleaf's Subdivision Ordinance shall control, but shall not control over the application of chapter 7, article 10A, "Flood Hazard Overlay Zone", and/or chapter 6, article 5, "Addressing", of this Code. The City of Greenleaf's Subdivision Ordinance shall be subject to the applicable Golden Gate Highway District's standards and regulations solely enforceable by said highway district. It is further provided that only those portions of the Subdivision Ordinance adopted which are not repugnant to Federal or State law shall be adopted by the County and there shall be no approval and reviewing of protective or restrictive covenants as part of the process described in this article.


(3) One Mile Approval By City: By the passage of the ordinance codified in this article, and by the city's passage of a like ordinance, there is mutual agreement that within one mile of the City of Greenleaf's boundary, the Greenleaf City Subdivision Ordinance shall prevail over chapter 7, article 17 of this Code as is provided for in Idaho Code section 50-1306 in those circumstances where the one mile limit exceeds the boundaries of the impact area, except in those instances where there is an overlap with another city that is larger, in which event the jurisdiction of the larger city shall be assumed. (Ord. 94-013, 12-23-1994)

09-03-11: IMPACT AREA MAP:

The Greenleaf, Idaho, Canyon County approved impact area map is hereby adopted as the official map identifying the Area of City Impact within the unincorporated area of the County for the City of Greenleaf. A true and correct copy of said map is affixed as attachment 1 to the ordinance codified herein and is fully incorporated by reference herein. (Ord. 08-007, 4-16-2008)
09-03-13: AVAILABILITY OF ORDINANCES:

True and correct copies of the ordinances herein referred to shall be on file with the Clerk of the City of Greenleaf, the Clerk of the Canyon County Commissioners, the Office of Planning and Zoning Department of the City of Greenleaf, and the Planning and Zoning Department of the County and are available for public inspection and reference. (Ord. 94-013, 12-23-1994)


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See Section 09-03-11 of this Article.





CHAPTER 5
HOMEDALE

09-05-01: TITLE:

This article shall be known as the HOMEDALE AREA OF CITY IMPACT (PLANS AND ORDINANCES/MAP) ORDINANCE. (Ord. 10-012, 10-29-2010)
09-05-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Sections and subsections of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(2) Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of Canyon County and the inhabitants thereof by establishing regulations for the Homedale area of city impact, and further, to:

A. Facilitate Legal Duties Or Parties: To facilitate the legal duties of, responsibilities, and authority of Canyon County, Idaho, and city of Homedale, Idaho, as prescribed and provided by the Idaho legislature regarding impact areas; and

B. Processing Of Land Use And Land Division Applications: To provide steps and procedures required for processing zoning applications, comprehensive plan and zoning amendments and subdivision plats and land division within the Homedale area of city impact in accordance with Idaho Code section 67-6526; and

C. Economical And Compatible Infrastructure: To identify an urban fringe in the unincorporated area surrounding the city within which there is potential for development or changes in land use that must be planned, designed and constructed in an orderly manner compatible with the city of Homedale for the city of Homedale to assure timely and/or economical provision of public services, such as: water supply, sewage and stormwater collection and treatment, public safety services, airport, parks, and other community service facilities; and

D. Compatible Land Use And Roads: To promote land use compatibility, maintain consistent and continuous street alignment, and support traffic flow objectives.


(3) Duration: This article shall be in effect unless amended or otherwise changed in accordance with section 09-05-07 of this article.


(4) Authority: This article is authorized by Idaho Code sections 31-801, 31-828 and 67-6526.


(5) No Separate Entity: This article does not create a separate legal entity.


(6) No Administrative Entity Created: No administrative entity is created as this article only provided for cooperation between the parties using existing agency personnel.


(7) Real And Personal Property: It is not contemplated, due to the nature of this article, that there will be a need to acquire, hold, and/or dispose of any real or personal property under this article.


(8) No Administrative Entity Created: No administrative entity is created as this agreement only provides for cooperation between the parties using existing personnel of Canyon County and the city of Homedale.


(9) Financing/Budget: Unless otherwise agreed to in writing there shall be no joint financing of activities under this article. No compensation shall be due and owing for services to either party from the other party. Each party agrees to establish its only fees and to be responsible for the collection of said fees from the public and for payment of compensation and benefits for its employees. Each party shall independently budget for expectant expenses under this article. (Ord. 10-012, 10-29-2010)

09-05-05: REPEALER:

This article repeals the joint exercise of powers agreement for the area of city impact between the city of Homedale and Canyon County ordinance regarding the city of Homedale, Idaho, impact area map (ordinance 08-006 adopted 4-21-2008), and ordinance 94-016, adopted December 23, 1994, regulations, or parts thereof, in conflict herewith. (Ord. 10-012, 10-29-2010)
09-05-07: SAVINGS:

Any actions, civil, criminal or administrative, which are pending at the time of the enactment of this article, may be pursued as if this article had not been enacted. (Ord. 10-012, 10-29-2010)
09-05-09: AREA OF CITY IMPACT DEFINED:

The Homedale area of city impact consists of an area where development or use of land affects or may affect, the city of Homedale in regards to its trade areas, geographic factors and areas that can reasonably be expected to be annexed into the city in the future. (Ord. 10-012, 10-29-2010)
09-05-11: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED:


(1) The Homedale area of city impact is hereby established as described in exhibit A attached to the ordinance codified herein, and incorporated by reference. The Homedale area of city impact being established and map being specifically adopted, by city of Homedale municipal ordinance 3452.


(2) The Homedale area of city impact may be reevaluated by the city and Canyon County at such times as they may agree upon, in accordance with Idaho Code section 67-6526, as amended, to consider possible changes in the geographic area affected and/or other provisions of this article. (Ord. 10-012, 10-29-2010)

09-05-13: AREA OF CITY IMPACT MAP:

The Homedale area of city impact within the unincorporated area of Canyon County is particularly described in section 09-05-11 of this article and also set forth on the map referred to in section 09-05-11 of this article, which map shall be in effect until amended or modified as allowed by law. (Ord. 10-012, 10-29-2010)
09-05-15: ANNEXATION LIMITED:


(1) Lands Within Area Of Impact: Annexation by the city of Homedale shall be limited to lands lying within the Homedale area of city impact unless the owner of the land requests that the tract of land be annexed by the city of Homedale pursuant to Idaho Code section 50-222 et seq., and the land is contiguous or adjacent to the boundaries of the city of Homedale.


(2) Application Of Provisions Upon Annexation: Upon annexation, the provisions of this article shall no longer apply to the annexed area.


(3) Annexation Notification: The city of Homedale must notify the director of the county's development services department ("director") in writing ten (10) calendar days in advance of the first public hearing at which each annexation is considered by the city of Homedale. The city of Homedale shall notify Canyon County in writing within ten (10) calendar days following the effective date of the adoption of each annexation ordinance. (Ord. 10-012, 10-29-2010)

09-05-17: APPLICABLE COMPREHENSIVE PLAN AND POLICIES:


(1) Comprehensive Plan: The Canyon County comprehensive plan, as amended, shall apply to the Homedale area of city impact. Canyon County recognizes that the city of Homedale has also developed a comprehensive plan which addresses the Homedale area of city impact. Canyon County shall give consideration to the city's comprehensive plan when evaluating development requests within the Homedale area of city impact.


(2) Hearing Participation: The city of Homedale may apply at any time to amend Canyon County's comprehensive plan and may fully participate in the hearing process. Hearing input from the city of Homedale will not be binding or controlling on the county, but shall be treated as documentary evidence. The city of Homedale shall have affected party status pursuant to Idaho Code section 67-6521 of the local land use planning act, as amended.


(3) Comprehensive Plan Amendment Proposals: All proposals to amend Canyon County's comprehensive plan, which may pertain to the Homedale area of city impact, but which do not originate from the city of Homedale, shall be referred to the city of Homedale's planning and zoning director at least thirty (30) calendar days prior to the first county public hearing on the matter and the city of Homedale may make a recommendation before or at said public hearing. After the city receives its initial thirty (30) calendar days' notice, any further notice of proposed changes to the proposal will be provided to the city of Homedale at least seven (7) calendar days prior to the public hearing. If a recommendation is received by the county from the city of Homedale, it shall be given consideration by the county, provided it is factually supported, but such recommendation shall not be binding on the county. If no recommendation is received, Canyon County may proceed without the recommendation of the city of Homedale.


(4) Final Document Forwarding: After the county's final action has been taken on any proposed amendments to the county's comprehensive plan, the county shall notify the city of Homedale's planning and zoning administrator of said final action by forwarding, to the city of Homedale, a copy of all final documents reflecting the action taken by the county. (Ord. 10-012, 10-29-2010)

09-05-19: APPLICABLE ORDINANCES AND STANDARDS:

Within the Homedale area of city impact, the following ordinances are applicable:


(1) Canyon County zoning ordinance, as lawfully amended.


(2) Canyon County subdivision ordinance, as lawfully amended. (Ord. 10-012, 10-29-2010)

09-05-21: ZONING/SUBDIVISION ORDINANCE AMENDMENT PROPOSALS:


(1) All proposed amendments to the text and/or map of the Canyon County zoning or subdivision ordinance, which may relate to the Homedale area of city impact, shall be referred by the county to the city of Homedale in the same manner as provided for in subsection 09-05-17(3) of this article. Any recommendation of the city of Homedale shall be considered in the same manner as provided for in subsection 09-05-17(3) of this article. (Ord. 10-012, 10-29-2010)

09-05-23: AMENDMENT OF COUNTY AND CITY ORDINANCES RELATING TO AREA OF CITY IMPACT AND NOTICE:


(1) Subject to subsection 09-05-17(3) of this article, prior to amendment by the county for any county ordinance applicable in the Homedale area of city impact as set forth in section 09-05-19 of this article, the county shall forward the proposed change(s) to the city of Homedale for review and comment at least thirty (30) calendar days prior to the first county public hearing at which such amendment(s) will be considered. Any further notice of proposed changes to the proposal will be provided to the city of Homedale at least seven (7) days prior to the public hearing. (Ord. 10-012, 10-29-2010)

09-05-25: APPLICATION PROCEDURES:

The following procedures shall be adhered to in processing applications within the Homedale area of city impact.


(1) Land Use Applications: All land use applications submitted to Canyon County requiring notification of a public hearing, shall be referred to the city of Homedale in the manner as provided for in subsection 09-05-17(3) of this article.


(2) Planned Unit Development: All planned unit developments shall be processed as provided for in this code, and as provided for in section 09-05-19 of this article.


(3) Subdivision Plat Applications: All subdivision plat and irrigation plan applications shall be processed procedurally as provided for in this code, and as provided for in section 09-05-19 of this article.

A. In addition, all developers within the Homedale area of city impact shall disclose and file as part of the preliminary plat submitted to the county their proposal as to curbs and gutters. If the developer proposes no or minimal curbs and gutters, the city of Homedale shall be entitled to review the curb and gutter proposal and submit their recommendation to the county. If the city of Homedale recommends that the developer have more extensive curb and gutters, the burden of proof shall be upon the developer to establish that more extensive curb and gutters are not necessary for the subdivision.

B. In addition, all developers within the Homedale area of city impact shall disclose and file as part of the preliminary plat submitted to the county evidence that adequate fire protection in the form of fire hydrants, water mains and/or other methods of protecting property from fire loss will be provided.


(4) Building Permit Applications: All building permit applications shall be processed as provided for in this code. Owners of properties connecting to city of Homedale water and/or sewer must obtain a certificate of acceptance from the authorized city official as a condition precedent to obtaining the building permit.


(5) Notice Contents: The county's notice to the city of Homedale, as provided for by subsection 09-05-17(3) of this article, shall include with the notice a copy of the application and concept plan or plat and irrigation plan, and any other relevant information submitted by the applicant.


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


(7) City/County Internal Procedures: Each party shall determine its own internal procedures 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. An appeal made by the city to the county, or by the county to the city, shall be processed by the nonappealing party in accordance with the internal procedures of the nonappealing party. (Ord. 10-012, 10-29-2010)






CHAPTER 7
MELBA

09-07-01: TITLE:

This Article shall be known as the MELBA AREA OF CITY IMPACT (PLANS AND ORDINANCES) ORDINANCE. (Ord. 94-014, 12-23-94)
09-07-03: SCOPE:


(1) The Idaho Legislature duly enacted Idaho Code section 67-6526(a) which provides that by separate ordinance the County of Canyon and City of Melba shall provide for application of plans and ordinances for the area of city impact; and


(2) The City of Melba and the County have adopted a map identifying the City of Melba impact area within the unincorporated area of the County by the adoption of Ordinance No. 154 duly passed by the City of Melba on October 11, 1994, and by Ordinance No. 94-004 duly passed by Canyon County on October 27, 19941; and


(3) Idaho Code section 67-6526(a) requires that the City of Melba and the County of Canyon provide by ordinance for the application of plans and ordinances for the area of city impact of the City of Melba within the unincorporated area of the County no later than January 1, 1995; and


(4) The City of Melba and the County shall enter into a joint exercise of power agreement for the impact area of the City of Melba, which agreement shall provide for and facilitate the legal duties of the parties and their responsibilities and authority as required under the Local Planning Act of 1975, and including any duties appertaining to the area of City impact subsequently required by the Idaho Legislature. (Ord. 94-014, 12-23-94)

09-07-05: ANNEXATION LIMITED:


(1) Lands Within Area Of Impact: Effective January 1, 1995, annexation by the City of Melba shall be limited to lands lying within the area of impact, unless the owner of the land requests the tract of land be annexed by the City, and the land is contiguous to the boundaries of the City of Melba.


(2) Application Of Provisions Upon Annexation: Upon annexation, the provisions of this Article shall no longer apply to the annexed area. (Ord. 94-014, 12-23-94)

09-07-07: APPLICATION OF COMPREHENSIVE PLAN AND ZONING ORDINANCE:

There is hereby adopted for the purposes of complying with Idaho Code 67-6526(a) the Ordinance codified in this Article, which provides for the application of the latest edition of the Canyon County Comprehensive Plan as duly enacted and adopted and amended by the County Commissioners, and Chapter 7 of this Code, to the area of impact of the City of Melba within the unincorporated area of the County, until a new comprehensive plan and/or zoning ordinance has been duly adopted in accordance with the provisions of a joint exercise of power agreement impact area City of Melba/County of Canyon. Until the joint exercise of power agreement is adopted and operational, the County shall direct copies of all applications coming before it, pursuant to the Local Planning Act of 1975 and Chapter 7 of this Code concerning property located in the area of City impact of Melba, for the City of Melba's input on the application and shall give such input due consideration; and after the adoption of the joint exercise of power agreement and the same becomes operational, then the provisions of that agreement shall govern this process. (Ord. 94-014, 12-23-94)
09-07-09: APPLICATION OF MELBA SUBDIVISION ORDINANCE:


(1) Adoption Of Subdivision Ordinance: There is hereby adopted for the purposes of complying with Idaho Code section 67-6526(a) the ordinance codified in this article, which provides for, except as provided in subsection (2) of this section, the application of City of Melba's Subdivision Ordinance 151, as amended, to the Area of Impact of the City of Melba within the unincorporated area of the County, until a new Subdivision Ordinance has been duly adopted in accordance with the provisions of a joint exercise of power agreement impact area City of Melba/County of Canyon.


(2) Exceptions And Conflict Procedure: In the event of a conflict in the application of the provisions of chapter 7 of this Code and the provisions of the City of Melba's Subdivision Ordinance to the Area of Impact of the City of Melba, the provisions of the City of Melba's Subdivision Ordinance shall control, but shall not control over the application of chapter 7, article 10A, "Flood Hazard Overlay Zone", of this Code and/or chapter 6, article 5, "Addressing", of this Code. The City of Melba's Subdivision Ordinance shall be subject to the applicable Nampa highway district's standards and regulations solely enforceable by said highway district. It is further provided that only those portions of the Subdivision Ordinance adopted which are not repugnant to Federal or State law shall be adopted by the County and there shall be no approval and reviewing of protective or restrictive covenants as part of the process described in this article.


(3) One Mile Approval By City: By the passage of the ordinance codified in this article, and by the city's passage of a like ordinance, there is mutual agreement that within one mile of the City of Melba's boundary, the Melba City Subdivision Ordinance shall prevail over chapter 7, article 17 of this Code as is provided for in Idaho Code section 50-1306 in those circumstances where the one mile limit exceeds the boundaries of the impact area, except in those instances where there is an overlay with another city that is larger, in which event the jurisdiction of the larger city shall be assumed. (Ord. 94-014, 12-23-1994)

09-07-11: IMPACT AREA MAP:


(1) Title: This section shall be known as the CANYON COUNTY ORDINANCE RE: CITY OF MELBA IMPACT AREA MAP.


(2) Authority: This section is enacted pursuant to section 67-6526(a), Idaho Code, of the Local Planning Act of 1975, 31-714, 31-801, and 31-828, Idaho Code and article 12, section 2 of the Idaho Constitution, as amended or subsequently modified.


(3) Purpose: The Local Planning Act of 1975 requires that each county and each city in the State of Idaho shall identify by ordinance an Area of City Impact within the unincorporated area of the County and shall, in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, adopt by ordinance a map identifying that Area of City Impact.


(4) City Impact Area Map: The City of Melba impact area map adopted by Melba City Ordinance 154 duly passed by the city on October 11, 1994, is hereby adopted as the official map identifying the area of the City of Melba impact within the unincorporated area of the County. A true and correct copy of said map is as follows:


(Ord. 94-004, 10-27-94)
09-07-13: AVAILABILITY OF ORDINANCES:

True and correct copies of the ordinances herein referred to shall be on file with the Clerk of the City of Melba, the Clerk of the Canyon County Commissioners, the office of Planning and Zoning Department of the City of Melba, and the Planning and Zoning Department of the County and are available for public inspection and reference. (Ord. 94-014, 12-23-94)


Footnote 1: See Section 09-07-11 of this Article.





CHAPTER 9
MIDDLETON

09-09-01: TITLE:

This article shall be known as the MIDDLETON AREA OF CITY IMPACT (PLANS AND ORDINANCES) ORDINANCE. (Ord. 01-006, 7-6-2001)
09-09-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(2) Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of the county and the inhabitants thereof by establishing regulations for the Middleton area of city impact.


(3) Authority: This article is authorized by Idaho Code 31-801, 31-828 and 67-6526. (Ord. 01-006, 7-6-2001)

09-09-05: REPEALER:

This article repeals the joint exercise of powers for the area of city impact between the city of Middleton and Canyon County (1-14-98), and all other ordinances, regulations, or parts thereof, in conflict herewith. (Ord. 01-006, 7-6-2001)
09-09-07: SAVINGS:

Any actions, civil, criminal or administrative, which are pending at the time of the enactment of this article, may be pursued as if this article had not been enacted. (Ord. 01-006, 7-6-2001)
09-09-09: ANNEXATION:


(1) Annexation by the city of Middleton shall be limited to those lands lying within the Middleton area of city impact and being contiguous to the boundaries of the city of Middleton, except for those properties outside the Middleton area of city impact and being contiguous to the boundary of the city of Middleton where the owner has requested annexation as provided for in Idaho Code 50-222 et seq.


(2) Upon annexation, the provisions of this article shall no longer apply to the annexed area. The city of Middleton shall notify the county development services director in writing both when annexations are being considered and when annexations are completed. (Ord. 01-006, 7-6-2001)

09-09-11: APPLICABLE COMPREHENSIVE PLAN AND POLICIES:


(1) Comprehensive Plan: Canyon County and the city of Middleton shall work cooperatively to develop a joint amendment to the county's comprehensive plan for the Middleton area of city impact. The county's comprehensive plan shall apply in the impact area.


(2) Hearing Participation: The city may apply at any time to amend the county's comprehensive plan and/or zoning ordinance, as it deems necessary and appropriate, and shall fully participate in the hearing process. Such input will not be binding or controlling, but shall be treated as documentary evidence. The city shall have affected party status pursuant to Idaho Code 67-6521 of the local land use planning act.


(3) Plan Amendment Proposals: All proposals for amendments to the county comprehensive plan which may appertain to the Middleton area of city impact but which do not originate from the city shall be referred to the city at least thirty (30) calendar days prior to any hearing on such matter and a recommendation may be made before or at said public hearing. If a recommendation is received it shall be given great weight by the county, provided it is factually supported, but such recommendation shall not be binding on the county. If no response is received the county may proceed without the recommendation of the city. A copy of the final decision issued by the county shall be forwarded to the city. If the city does not agree with the request, because it involves a major change in the county's comprehensive plan, the city may request renegotiation of this article as provided in Idaho Code 67-6526(d). A major change is one that is fundamental to the county's comprehensive plan, as determined by the parties.


(4) Final Document Forwarding: After recommendations have been made and final action has been taken on amendments to the county's comprehensive plan and/or zoning ordinance, the county shall notify the city of said final action by forwarding a copy to the city of all final documents reflecting the action taken by the county. (Ord. 01-006, 7-6-2001)

09-09-13: APPLICABLE ORDINANCES:

The Canyon County zoning ordinance1 and the Canyon County subdivision ordinance2 shall apply in the Middleton area of city impact. (Ord. 01-006, 7-6-2001)
09-09-15: ZONING ORDINANCE AMENDMENT PROPOSALS:

All proposed county ordinance amendments to the text and/or map which may relate to the Middleton area of city impact shall be referred to the city in the same manner as provided for in subsection 09-09-11(3) of this article, except that recommendations received from the city by the county are nonbinding but any factually supported recommendations shall be seriously considered by the county. (Ord. 01-006, 7-6-2001)
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 ordinance3.

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)

09-09-19: AMENDMENT:


(1) In accordance with Idaho Code 67-6526(d), the city of Middleton or the board of Canyon County commissioners may request, in writing, the renegotiation of any provision of this article at any time. Within thirty (30) days of receipt of such written request by either party, an initial meeting between the two (2) jurisdictions should occur. If the parties agree to amend this article, hearings to enact such amendments shall be scheduled before the parties' respective planning and zoning commissions with ultimate approval resting with the board of county commissioners and the city council. If the parties are unable to agree to amend this article, either party may elect to submit the issues to the committee of nine (9) persons pursuant to Idaho Code 67-6526(b).


(2) While renegotiation is occurring, all provisions of this article shall remain in effect until this article is amended or a substitute ordinance is adopted by both Middleton and Canyon County, in accordance with the notice and hearing procedures provided in title 67, chapter 65 of Idaho Code, or until a declaratory judgment from district court is final.


(3) Amendments to this article shall be processed using the notice and hearing requirements of Idaho Code 67-6509. (Ord. 01-006, 7-6-2001)

09-09-21: SEVERABILITY:

Should any action or provision of this article be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 01-006, 7-6-2001)
09-09-23: IMPACT AREA MAP:


(1) Title: This section shall be known as the CANYON COUNTY ORDINANCE RE: CITY OF MIDDLETON IMPACT AREA MAP.


(2) Authority: This section is enacted pursuant to Idaho Code 67-6526, of the local planning act of 1975, Idaho Code 31-714, 31-801, and 31-828 and article 12, section 2 of the Idaho constitution, as amended or subsequently modified.


(3) Purpose: The local planning act of 1975 requires that each county and each city in the state of Idaho shall identify by ordinance an area of city impact within the unincorporated area of the county and shall, in accordance with the notice and hearing procedures provided in Idaho Code 67-6509, adopt by ordinance a map identifying that area of city impact.


(4) Repealer: The Middleton area of city impact map ordinance repeals the Middleton area of city impact map adopted in ordinance 05-010 and all other ordinances, regulations, or parts thereof in conflict herewith.


(5) Savings: Any actions, civil, criminal, or administrative, which are pending at the time of the enactment hereof, may be pursued as if this section had not been enacted.


(6) City Impact Area Map:

A. Area Designated: The Middleton area of city impact is the area designated on the Middleton area of city impact boundary map (attached as exhibit A to the ordinance codified herein), hereby fully incorporated by reference, copies of which are available for inspection at the office of the clerk of the city of Middleton and at the Canyon County development services department.

B. Jurisdiction: In case a property under single ownership is divided by the boundary line of the Middleton area of city impact and any other area of city impact boundary, if such line divides such property so that one or both of the parts has a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located.

C. Exception: In the case where a property under a single ownership is divided by the boundary line of the Middleton area of city impact only, the smaller portion of such property may, without the three hundred foot (300') limitation stated above, be included in the jurisdiction within which the larger portion of the property is located.


(7) Severability: Should any action or provision of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole or a part thereof other than the part declared to be unconstitutional or invalid. (Ord. 06-010, 8-17-2006)


Footnote 1: See chapter 7 of this code.
Footnote 2: See chapter 7, article 17 of this code.
Footnote 3: See chapter 7, article 17 of this code.






CHAPTER 11
NAMPA

09-11-01: TITLE:

This article shall be known as the NAMPA AREA OF CITY IMPACT (PLANS AND ORDINANCES/MAP) ORDINANCE. (Ord. 05-014, 6-1-2005)
09-11-03: STRUCTURE, PURPOSE AND AUTHORITY:


(1) Structure: Titles and subtitles of this article are only used for organization and structure and the language in each paragraph of this article should control with regard to determining the legislative intent and meaning of the board of county commissioners.


(2) Purpose: The purpose of these provisions is to promote the public health, safety, general welfare, peace, good order, comfort and convenience of Canyon County and the inhabitants thereof by establishing regulations for the Nampa area of city impact, and further, to:

A. Facilitate Legal Duties Or Parties: To facilitate the legal duties, responsibilities, and authority of Canyon County, Idaho, and city of Nampa, Idaho, as is prescribed and provided by the Idaho legislature regarding impact areas; and

B. Processing Of Land Use And Land Division Applications: To provide steps and procedures required for processing zoning applications, comprehensive plan and zoning amendments and subdivision plats and land division within the Nampa area of city impact in accordance with Idaho Code section 67-6526; and

C. Economical And Compatible Infrastructure: To identify an urban fringe in the unincorporated area surrounding the city within which there is potential for development or changes in land use that must be planned. designed and constructed in an orderly manner compatible with the city of Nampa for the city of Nampa to assure timely and/or economical provision of public services, such as: water supply, sewage and storm water collection and treatment, public safety services, airport, parks, and other community service facilities.

D. Compatible Land Use And Roads: To promote land use compatibility, maintain consistent and continuous street alignment, and support traffic flow objectives.


(3) Duration: This article shall be in effect unless amended or otherwise changed in accordance with section 09-11-17 of this article.


(4) Authority: This article is authorized by Idaho Code sections 31-801, 31-828 and 67-6526.


(5) No Separate Entity: This article does not create a separate legal entity.


(6) No Administrative Entity Created: No administrative entity is created as this article only provides for cooperation between the parties using existing agency personnel.


(7) Real And Personal Property: It is not contemplated, due to the nature of this article, that there will be a need to acquire, hold, and/or dispose of any real or personal property under this article.


(8) No Administrative Entity Created: No administrative entity is created as this agreement only provides for cooperation between the parties using existing personnel of Canyon County and the city of Nampa.


(9) Financing/Budget: Unless otherwise agreed to in writing there shall be no joint financing of activities under this article. No compensation shall be due and owing for services to either party from the other party. Each party agrees to establish its own fees and to be responsible for the collection of said fees from the public and for payment of compensation and benefits for its employees. Each party shall independently budget for expected expenses under this article. (Ord. 05-014, 6-1-2005)

09-11-05: REPEALER:

This article repeals the joint exercise of powers agreement for the area of city impact between the city of Nampa and Canyon County (dated March 27, 1998), Canyon County ordinance re: city of Nampa, Idaho impact area map (ordinance 00-011, adopted November 14, 2000), and all ordinances, regulations, or parts thereof, in conflict herewith. (Ord. 05-014, 6-1-2005)
09-11-07: SAVING CLAUSE:

Any actions, civil, criminal or administrative, which are pending at the time of the enactment of this article, may be pursued as if this article had not been enacted. (Ord. 05-014, 6-1-2005)
09-11-09: AREA OF CITY IMPACT DEFINED:

The Nampa area of city impact consists of an area where development or use of land affects, or may affect, the city of Nampa in regard to its trade areas, geographic factors and areas that can reasonably be expected to be annexed to the city in the future. (Ord. 05-014, 6-1-2005)
09-11-11: GEOGRAPHIC AREA OF CITY IMPACT ESTABLISHED:


(1) The Nampa area of city impact is hereby established as described in exhibit A attached to ordinance 16-010, a map entitled "Nampa area of city impact", which map is officially made a part hereof by reference. The Nampa area of city impact being established and map being specifically adopted by city of Nampa municipal ordinance 4278.


(2) The Nampa area of city impact may be reevaluated by the city and Canyon County at such times as they may agree upon, in accordance with Idaho Code section 67-6526, as amended, to consider possible changes in the geographic area affected and/or other provisions of this article. (Ord. 16-010, 9-2-2016)

09-11-13: AREA OF CITY IMPACT MAP:

The Nampa area of city impact within the unincorporated area of Canyon County adopted herein shall be in effect until amended or modified as allowed by law. (Ord. 16-010, 9-2-2016)
09-11-15: ANNEXATION LIMITED:


(1) Lands Within Area Of Impact: Annexation by the city of Nampa shall be limited to lands lying within the Nampa area of city impact unless the owner of the land requests that the tract of land be annexed by the city of Nampa pursuant to Idaho Code section 50-222 et seq., and the land is contiguous or adjacent to the boundaries of the city of Nampa.


(2) Application Of Provisions Upon Annexation: Upon annexation, the provisions of this article shall no longer apply to the annexed area.


(3) Annexation Notification: The city of Nampa must notify the director of the county's development services department ("director") in writing ten (10) calendar days in advance of the first public hearing at which each annexation is considered by the city of Nampa. The city of Nampa shall notify Canyon County in writing within ten (10) calendar days following the effective date of the adoption of each annexation ordinance. (Ord. 05-014, 6-1-2005)

09-11-17: APPLICABLE COMPREHENSIVE PLAN AND COMPREHENSIVE PLAN:


(1) Comprehensive Plan: The Canyon County comprehensive plan, as amended, shall apply to the Nampa area of city impact. Canyon County recognizes that the city of Nampa has also developed a comprehensive plan and accompanying map for the Nampa area of city impact. Canyon County shall give consideration to the city's comprehensive plan map designation