ORDINANCE # 239

AN ORDINANCE FOR THE CITY OF HOPE, BONNER COUNTY, IDAHO, PROVIDING FOR AMENDING CHAPTER 8 OF ORDINANCE #208 REGARDING THE PROCESSING OF MINOR LAND DIVISIONS APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.

WHEREAS, the City Council desires to amend ordinance provisions related to the processing of applications under provisions contained in Chapter 8 of Ordinance #208; and

WHEREAS, the City Council conducted duly noticed public hearings on October 8, 2003 and on March 3, 2004 and continued on April 7, 2004 regarding amending said ordinance provisions; and

WHEREAS, the City Council, based upon the adoption of Ordinance #208 and the record regarding this ordinance amending ORdinance #208, does find the proposed amendments in accordance with the City's Comprehensive Plan.

NOW, THEREFORE, be it ordained by the City Council of the City of Hope, Idaho that the following is hereby adopted:

SECTION 1

Chapter 8 of Ordinance #208 is hereby amended to be titled "Property Line Amendments" (PLA).

Chapter 8, Section 8-1 of Ordinance #208 is hereby amended in its entirety to read as follows:

8-1: Authority

The City Council hereby empowers the Mayor to approve or reject Property Line Amendments (PLA) applications processed in accordance to the provisions of this section.

SECTION 2

Chapter 8, Section 8-2 of Ordinance #208 is hereby amended in its entirety to read as follows:

8-2: Applicability

The PLA procedure can be applied for when all of the following conditions exist: No additional parcels or lots are created; the results of the application will comply with design standards as identified below in Section 5 of this ordinance; and if dedication of land to the City is required or proposed, such dedication shall receive prior acceptance from the City Council.

SECTION 3

Chapter 8, Section 8-3 of Ordinance #208 is hereby amended in its entirety to read as follows:

8-3: Procedures

No parcel shall hereafter be altered except in conformity with the regulations herein or as otherwise provided for in Ordinance #208. An applicant shall submit a completed application and supporting materials to the City or its duly appointed representative. Said application form shall be supplied by the City. Within forty-five (45) days of receipt of a completed application and supporting materials, the Planning and Zoning Administrator shall either approve or deny the application. In the case of denial, the Planning and Zoning Administrator shall place the denial in writing and return reasons for such denial and may include suggestions for future compliance with the City's ordinances.

Upon approval of an application by the Planning and Zoning Administrator, the application shall be forwarded to the Mayor for review and comment. Upon successful completion of the Mayor's review, applications shall be approved by the Mayor and Administrator and applicants may proceed with creating final documents.

Denials or conditions of approval placed on an application by the Planning and Zoning Administrator and/or Mayor may be appealed to the City Council within twenty (20) days of issuance of the written decision and shall be heard at either a regular or special meeting of the City Council. Such appeal shall be heard no later than sixty (60) days from the date of filing of the appeal.

Approved property line adjustment applications involving lands not previously platted shall be required heard at either a regular or special meeting of the City Council. Such appeal shall be heard no later than sixty (60) day from the date of filing of the appeal.

Approved property line adjustment applications involving lands not previously platted shall be required to file a record of survey denoting the approved request as well as a signed approval by the Planning and Zoning Administrator and the Mayor with the Clerk attesting.

Approved property line adjustment applications involving platted lands shall be required to file a plat denoting the approved request. Said plat shall at a minimum, and to the City's satisfaction, conform to platting standards identified in Idaho Code and will contain the signed approvals by the Planning and Zoning Administrator and the Mayor with the Clerk attesting.

The Planning and Zoning Administrator and/or Mayor shall provide a staff report, written or oral, to the City Council at its regular monthly meeting which may include the status of applications, application decisions and a general report of ongoing adjustment activity.

SECTION 4

Chapter 8, Sections 8-4 and 8-5 of Ordinance #208 are hereby repealed in their entirety.

SECTION 5

Chapter 8, Section 8-6 of Ordinance #208 is hereby amended in its entirety to read as follows:

Section 8-6: Design Standards

Design standards shall be applied so as the results of an application will not create a new non complying use or structure and will not create any new category of non compliance with current zoning or development standards. Any net increase in a non compliance with current zoning or development standards. Any net increase in a non conformity shall require City Council review and approval prior to any approval by the Mayor.

Any determination by the mayor or administrator regarding such compliance or non compliance can be appealed to the City Council. Such appeal shall be submitted and processed according to appeal provisions contained in above Section 3 (amended Section 8-3 of Chapter 8 Ordinance #208).

SECTION 6

Chapter 8, Sections 8-7 and 8-8 of Ordinance #208 are hereby repealed in their entirety.

SECTION 7

Chapter 8, Section 8-9 of Ordinance #208 is hereby amended in its entirety to read as follows:

The application fee for a PLA shall be set by resolution adopted by the City Council.

SECTION 8

Chapter 8, Section 8-10 of Ordinance #208 is hereby repealed in its entirety.

SECTION 9

If any section, subsection, sentence, clause, phrase or words of this Ordinance is declared to be invalid by a court of competent jurisdiction such declaration shall not affect the validity of the remaining portions of this Ordinance.

SECTION 10

This Ordinance shall be in full force and effect upon passage, approval and publication of the Ordinance in one issue of the Bonner County Daily Bee, a newspaper of general circulation, published in the City of Sandpoint, Idaho and the official newspaper hereof.

Passed under suspension of the rules and duly enacted as an Ordinance of the City of Hope, Idaho by the City Council on said City on April 7, 2004.

Bruce Stuzke, Council President

Attest:

Shirley Ramey, City Clerk

Legal 5116

April 16, 2004

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