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City of Rexburg Development Code: ADMINISTRATION
CHAPTER 1: SCOPE AND ADMINISTRATION
SECTION 4: LAND USE ACTIONS
SECTION 1: SCOPE
1.04.010. Application
1.01.010. Title
1.04.020. Amendments to this Ordinance
1.01.020. Authority
1.01.030. Purpose 1.04.030. Conditional Use Permits
1.04.040. Subdivisions
1.01.040. Intent
1.04.050. Vacations
1.01.050. Applicability
1.04.060. Variances
1.01.060. Previous Ordinances and Maps
1.04.070. Permits Required
1.01.070. Severability
1.04.080. Inspections
1.01.080. Relationship to Other Laws
1.04.090. Certificate of Occupancy
1.01.090. Violation and Penalties
SECTION 5: ENFORCEMENT PLAN
SECTION 2: FACILITATORS
1.05.010. Policy
1.02.010. Economic Development Team
1.05.020. Purpose
1.02.020. Strategic Development Team
1.05.030. Officers Responsibilities and Objectives
1.02.030. Zoning Administrator
1.05.040. Enforcement Activities
1.02.040. Development Review Committee
1.05.050. Education
1.02.050. Design Review Board
1.05.060. Communication and Coordination
1.05.070. Block by Block Inspection
SECTION 3: RECOMMENDING BODY
1.05.080. Evaluation Criteria
1.03.010. Planning and Zoning Commission
1.05.090. Notices Used by Enforcement
1.03.020. Duties of the Planning and Zoning Commission
1.05.100. Courtesy Notice
1.03.030. Membership and Term of the Commission
1.05.110. Correction Notice
1.03.040. Organization of the Commission
1.05.120. Final Notice
1.03.050. Meetings of the Commission
1.05.130. Re-Occurring Violation
1.03.060. Conflict of Interest
1.05.140. Abatement
1.05.150. Citation
1.05.160. Prosecution
1.05.170. Results
SECTION 1: SCOPE
1.01.010. Title
This Ordinance shall be known and entitled as “The City of Rexburg Development Code” and may be so cited and
pleaded.
1.01.020. Authority
This Ordinance is adopted pursuant to authority granted by Title 67, Chapter 65 of the Idaho Code, and Article 12,
Section 2 of the Idaho Constitution, as amended.
1.01.030. Purpose & Objectives
The purpose of this Ordinance shall be to promote the health, safety, and welfare of the residents
of the City of Rexburg as follows:
a.
To protect property rights and enhance property values.
b.
To provide for the protection and enhancement of the local economy.
c.
To ensure that important environmental features are protected and enhanced.
d.
To encourage the protection of prime agricultural lands for the production of food.
e.
To encourage concentration of population in urban areas with the goal of enhancing the quality of life for
the community.
f.
To ensure that development is commensurate with the physical characteristics of the land.
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g.
To protect life and property in areas subject to natural hazards and disasters.
h.
To protect recreation resources.
i.
To avoid undue water and air pollution.
j.
To maximize the use of existing infrastructure including roads, utilities, sewers and water facilities.
k.
To secure safety from fire and provide adequate open spaces for light and air.
l.
To implement the comprehensive plan.
The purposes of these regulations may be achieved through the following objectives:
a.
Harmonious development of the area.
b.
Coordination of streets and roads within subdivisions with other existing or planned streets and roads.
c.
Adequate open space for travel, light, air and recreation.
d.
Conservation of or provisions for adequate transportation, water drainage, and sanitary facilities.
e.
Avoidance of population congestion as would involve danger or injury to health, safety, or general welfare
by reason of:
1. Lack of water supply, drainage, transportation, or other public services; or
2. Unnecessary imposition of an excessive expenditure of public funds for the supply of such services.
f.
Establish requirements as to the extent and manner in which roads shall be created and improved; and water
and sewer and other utility mains, piping connections, or other facilities shall be installed as conditions
precedent.
g.
Planning and platting large areas before development.
h.
Defining the powers and duties of approval authorities; including procedures for the equitable review and
approval of all plats or subdivisions covered by these provisions.
1.01.040. Intent
It is the intent of the governing body of the City of Rexburg that this Ordinance be interpreted and construed to
further the purposes of this Ordinance and the objectives and characteristics of the zoning districts.
1.01.050. Applicability
The provisions of this Ordinance are applicable not only to private persons, agencies, and organizations but also to
all public agencies and organizations to the full extent that they may be enforceable.
1.01.060. Previous Ordinances and Maps
The existing ordinances covering the zoning of the property within the limits of the City of Rexburg together with
all maps which are part of such ordinances are hereby superseded. Any illegal or unauthorized use of land, buildings
or structures shall remain illegal and unauthorized unless specifically authorized under this Ordinance.
1.01.070. Severability
If any portion of this Ordinance or its application to specific circumstances shall be held invalid by a court of
competent jurisdiction, the remainder of this Ordinance and its application to other circumstances shall be
unaffected.
1.01.080. Relationship to Other Laws
If State or federal law or regulations or other City ordinances impose additional or duplicative standards on
development or buildings regulated by this Ordinance, the more restrictive standard shall apply.
1.01.090. Violation and Penalties
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance
with the terms of this ordinance and other applicable regulations.
a.
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a
complaint with the Zoning Administrator.
b.
The Zoning Administrator or his agent shall record such complaint, investigate the same, and take such
action or cause such action to be taken as provided by this Ordinance.
c.
The City Attorney may, in addition to taking whatever criminal action is deemed necessary, take steps to
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civilly enjoin any violation of this Ordinance.
d.
Any violation of the provisions of this Ordinance or any failure to comply with any of its requirements
shall constitute an infraction.
e.
Each day such violation continues beyond notice, shall be considered a separate violation.
f.
The land owner, tenant, sub-divider, builder, public official, or any other persons who commit, participate
in, assist in, or maintain such violations may each be found guilty of a separate offense.
g.
Any person convicted of violating the provisions of this Ordinance shall be punishable by imprisonment for
a term not to exceed thirty (30) days, a fine not to exceed three hundred dollars ($300), or by both such fine
and imprisonment.
h.
Nothing herein contained shall prevent the City of Rexburg from taking such other lawful action as is
necessary to prevent or remedy any violations.
i.Attorney Fees and Costs.
The City may seek injunctive relief through the courts for enforcement of the
provisions of this Ordinance and, in addition to the relief sought, shall also be entitled to its attorney’s fees
and costs.
1.01.100. General Procedures
Development ideas and applications will proceed through the following bodies for consideration in the City of
Rexburg:
1. Economic Development Team
2. Strategic Development Team
3. Application to Development Review Committee
4. Design Review Board (If needed)
5. Planning & Zoning Commission
6. City Council
SECTION 2: FACILITATORS
1.02.010. Zoning Administrator
There is hereby created the position of City of Rexburg Zoning Administrator.
a.
The Zoning Administrator shall be appointed by the Mayor and confirmed by the City Council.
b.
The Mayor may appoint another officer of the City, including but not limited to the City Clerk, Zoning
Administrator, Building Official, to fulfill all or part of the duties of the Zoning Administrator.
c. Duties of the Zoning Administrator.
The Zoning Administrator shall administer the provisions of this
Ordinance, provide assistance to and guidance to the Commission and Council, and have the following
duties:
1. Advise interested persons of the Development Code provisions.
2. Notify the news media regarding matters of public interest.
3. Aid and assist applicants in the preparation and processing of applications.
Review.
4. The Zoning Administrator or a designee will review all plans and applications for compliance
to the Rexburg Development Code.
Assist Commission and Council.
5. Review and assist the Commission and Council in reviewing
applications for home occupations, site plans, variances, conditional use permits, rezoning requests,
subdivisions, planned unit developments and annexations.
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Interpret Code.
6. In administering this ordinance, the Zoning Administrator may make interpretations
of any part of this code, which interpretations are binding but may be appealed to the Design Review
Board, the Mayor, or the Planning and Zoning Commission.
Chief Enforcement Officer.
7. The Zoning Administrator shall serve as Chief Enforcement Officer of
this Title, and carry out the enforcement authorities of The Commission under section 1.030.020.
Ordinance Violations.
8. Investigate violations of this Ordinance and notify in writing the person
responsible for such violations, ordering the action necessary to correct such violation.
Field Officers.
9. The Zoning Administrator shall direct and administrate the efforts of any, and all,
Field Service Officers assigned to the Administrator to assist him in performance of his duties of
investigations, process services, and notifications.
Authority.
10. The Zoning Administrator shall receive and direct, all appellate matters to the appellate
authority of jurisdiction, including scheduling and coordinating all appeal hearings in regards to this
Title.
1.02.020. Economic Development Team
New businesses, new major developments, new developers to the City of Rexburg, and developers needing
assistance with city administration and city processes may approach the Economic Development Team for informal
advice and direction. Such discussion shall be treated as advisory by both parties and a general record of the meeting
shall be created.
a. Objective.
The objective, to be implemented through their procedures and deliberations, shall be to
encourage development quality that will enhance both the natural and built environments, with
consideration to present and future property values.
b. Economic Development Director.
The Economic Development Director shall work as a liaison for those
developers and business owners to facilitate and educate during the permitting process.
c. Members.
Members of the Economic Development Team shall be the Economic Developer, the Zoning
Administrator, the Zoning Administrator, the City Engineer and others as requested.
d.
It is recommended that the applicant discuss the application informally with the Economic Development
Team prior to formal submission to help expedite the process. Depending upon the size of the proposed
project, its location and type, the applicant may be directed to one or more agencies of the City for
processing.
1.02.030. Strategic Development Team
Large scale development that impacts surrounding projects, will need to be submitted to the Strategic Development
Team prior to submittal of an application to the Development Review Committee.
a.
The purpose of the Strategic Development Team is to coordinate all entities within the City for
development.
b.
Members of this group include the Zoning Administrator, Economic Development Director, City Engineer,
City Clerk, City Attorney, and City Mayor.
c.
An informal review by the Strategic Development Team may be requested by submitting a Meeting
Request form and any schematic development plans at least one week prior to the next scheduled Strategic
Planning Team meeting.
1.02.040. Development Review Committee
The Development Review Committee is established to evaluate all proposals subject to the provisions of this Title.
The Development Review Committee is the body charged with reviewing items relating to public health and safety
with consideration to coordinate, expedite and assure fair and equitable implementation of this Title.
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a. Policies and Procedures
1. The Development Review Committee shall act as an advisory body to the Zoning Administrator for
site plans when no variance or deviation is requested.
Members.
2. The Development Review Committee shall consist of the Zoning Administrator, GIS
Department Head, City Engineer, Fire Department Inspector, Building Administrator or designees.
Advisory.
3. The Development Review Committee shall act as an advisory body to the City Council for
larger and more complex proposals including conditional use permits, planned unit developments, all
site plans involving variances or deviations, divisions of land, zone map amendments, annexations and
other actions as requested by Staff or the City Council.
Denial Authority.
4. Each department charged with development review shall have the ability and
authority to require the Zoning Administrator to make a recommendation of denial when in their view
the project cannot meet the requirements and review criteria of this Title and acceptable conditions do
not exist to cure the identified failings of the project.
Record.
5. Each of the Development Review Committee Members will input their reviews and
comments into the City permitting system or provide them to the Planning & Zoning Assistant
following their project review. These records shall be preserved as part of the official file for each
development proposal.
6. All bodies authorized under this chapter may call upon any City staff or other persons with technical
expertise, and may testify before any board, commission or other body upon the subjects for which
they have responsibility.
b. Inquiry.
A person or organization considering any construction, building or site alteration, rezoning or
other development activity, may approach the City Planning & Building Department for informal advice
and direction. Such discussion shall be treated as advisory by both parties and a general record of the
meeting shall be created.
c. Pre-Application.
An informal review by the City Planning & Building Department may be requested by
submitting a Meeting Request form provided by these departments along with any schematic development
plans at least one week prior to the meeting.
d. Application.
An application for consideration of a development proposal must be submitted utilizing a
form available from the Zoning Administrator or designee.
1. Materials to be submitted with the application shall include the elements set forth within the
requirements for the type of proposal to be considered, (i.e., sketch plan, site plan, conditional use
permit, certificate of appropriateness, planned unit development, divisions of land, rezone, annexation,
etc.) as outlined in this title.
e. Fees.
Fees for permits issues under this Ordinance and requests for amendments to this Ordinance shall be
reviewed and changed by resolution of the City Council and Mayor at such time as deemed necessary.
1. A fee may be assessed for any service, including but not limited to the following:
a) Construction inspection fee
b) Notice and publication costs
c) Office checking and field engineering
d) Subdivision plat filing fee
2. Costs for inspection, testing, and quality control are to be paid to the City by the developer at rates
established by resolution of the Council.
Application.
3. The initial formal review by an applicant or owner for a specific parcel shall be
conducted with an application fee.
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nd
2 Fee
4. . A fee, set in accordance with the fee resolution adopted by the City Council, shall be charged
for a third or subsequent formal review requested by the same applicant and/or owner for the same real
property as a prior formal review.
Re-inspection fees.
a) A re-inspection fee may be assessed for each re-inspection when such portion
of work for which inspection is called for is not completed or when corrections called for are not
made with the allotted time.
Work commencing before permit issuance.
5. Any person who commences any work, activity or
operation regulated by this code, before obtaining the necessary permits shall be subject to an additional
fee established by the applicable governing authority, which shall be in addition to the required permit
fees.
Exception:
a) An exception shall be granted for emergency repair work performed during off-
business hours. Emergency repair work shall be work similar in nature to repairing frozen or
physically damaged piping in order to return a system to service.
Impact Area Fees.
6. In the area of city impact, all administrative fees shall be established by the City
and paid to the City. In the event costs are incurred by the City of Rexburg as a result of the
administration or enforcement of area of city impact matters, the City of Rexburg and County agree to
share equally such expenses.
1.02.050. Design Review Board
The Design Review Board is established to review design standards, landscaping, and site plans when requested.
a. Authority.
Zoning Administrator Review.
1. The Planning and Zoning Commission delegates the authority
required to make a best effort, design review to the Zoning Administrator or a designee. It is the intent
that the Zoning Administrator or a designee reviews the application and all submitted plans for
compliance to the Design Standards as set forth in the Rexburg Development Code.
2. When the Design Requirements are not met, the applicant will be advised of the shortcoming and will
be advised to either make the necessary changes for compliance or meet with the Design Review
Board.
b. Initiating a Meeting
Disagree with Zoning Administrator Review.
1. If at any time, the person submitting the plans does
not agree with the review performed by the Zoning Administrator or a designee, he/she may request a
hearing by the Design Review Committee.
Zoning Administrator Request.
2. If the Zoning Administrator or designee performing the design
review feels that input is required from the Design Review Committee, he/she can request that the
Design Review Committee meet and discuss the proposal.
Commission Request.
3. The Planning and Zoning Commission at any time may request that a Design
Review Board be called together for a certain project review or as a re-review on a project completed
by the Zoning Administrator or a designee.
c. Organization
1. The Design Review Committee is made up of three (3) pools of individuals from:
a) The Planning and Zoning Commission (pool of all members)
b) The City Council and Mayor (pool of all members)
c) Professional Group (group of ten)
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2. Three (3) members of the committee should be present for project design review. The Planning and
Zoning Assistant shall attempt to build a three (3) member committee by calling one (1) member from
each pool.
a) If the attempt is not successful, then the group may consist of three (3) members of any
combination of the pools.
b) If at the time of the meeting some or all of the members of the committee do not show, then two of
the remaining members and/or City Staff may act as the committee.
3. The Zoning Administrator shall recommend potential members from the private sector for inclusion
into the Professional Group to the Mayor.
d. Meeting Procedures.
To implement this purpose, certain procedures shall be adopted to include, but not
be limited to, meetings attended by members of the Design Review Board. After introductions, the meeting
will proceed as follows:
1. The meeting is headed by the Commissioner present. If there is no Planning and Zoning
Commissioner present, then the City Council member in attendance presides.
2. The City Plan Reviewer or designee outlines the specifics on why the current drawings do not meet the
prescriptive design requirements of the Development Code.
3. Each section of the design requirements is reviewed by the Board.
4. The applicant explains how the design meets the intent of the Design Review Requirement.
5. The Board deliberates and comes to a conclusion on an allowed design.
6. Written meeting reviews setting forth decisions and findings shall be made. These records shall be
preserved as part of the official proceedings for each developmental proposal.
7. The written meeting reviews are sent to all parties present at the meeting on the first possible date.
8. After follow-up with the Board on the written meeting review, the review is attached and included with
the Building Permit for the project.
9. The building plans are redrawn or redlined to identify the changes made by the Board.
10. All subsequent reviews are completed with the new plans.
e. Action.
By no later than 30 working days from the date of the first regularly scheduled Development
Review Committee at which the applicants’ proposal was initially reviewed, the Development Review
Committee, shall take action to recommend approval, approval with conditions, table pending submission
of revised or additional materials or recommend denial of the applicant’s proposal, unless the applicant
grants a written extension to the review period.
SECTION 3: RECOMMENDING BODY
1.03.010. Planning and Zoning Commission
There is hereby created a Planning and Zoning Commission. The Planning & Zoning Commission is referred to in
this Ordinance as the Commission.
a.
The Commission shall have the authority to consider and recommend to the Council ordinances,
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amendments thereto, and repeal of ordinances affecting zoning, planning, and building within the City of
Rexburg.
b. Hold Public Hearings.
The Commission shall provide guidance and assistance to the Council, hold public
hearings as required by law, and shall grant or deny applications presented to the Commission.
c. Recommendations to City Council.
The Commission shall make timely recommendations to the Council
in all matters relating to this Ordinance in which the Council has final decision making powers.
d.
Any action taken by the Commission, which will be final, unless appealed, may be reviewed by the Council
at their discretion, within twenty (20) days of Commission action, if the Council believes there may be
significant adverse impact as a result of Commission action.
1.03.020. Duties of the Commission
The Commission shall have the following duties, as well as such others, prescribed by law or assigned by the
Council:
a. Comprehensive Plan.
Conduct a comprehensive planning process designed to prepare, implement, review
and update a Comprehensive Plan.
Biannual.
1. Conduct a biannual review of this Ordinance and its implementation of the
Comprehensive Plan.
b. Conditional Use Permits.
Grant conditional use permits as specified in this Ordinance and make
recommendations to the Council on those conditional use permits for which the Council has final decision
making powers.
c. Mitigating Land Use Impacts.
Any change of use that creates more intense impacts may be denied if the
Planning and Zoning Commission finds that such impacts cannot be mitigated by the imposition of
conditions. Land use impacts that may need to be mitigated include the following:
1. An increase in daily or peak hour traffic.
2. A change in circulation patterns on or around the property.
3. A significant increase in the demand for parking.
4. A change in the density of people on site.
5. Expansion of the hours of operation.
6. Any increased environmental impact, such as noise or air pollution; offensive odors; excessive
illumination or glare, etc.
d. Proposed Amendments.
Review all proposed amendments to this Ordinance and make recommendations
to the Council. Initiate proposed amendments to this Ordinance.
e. Staff Reviews.
Complete site plan and design standard reviews as provided for in this Ordinance.
f. Rules and Regulations.
The Commission is authorized by the City of Rexburg and Madison County to
administer and enforce all rules and regulations pertaining to the Area of the City Impact for the City of
Rexburg as provided in Section 10.3 hereof.
g. Variances.
Grant variances as authorized by this Ordinance and Idaho statutes.
1.03.030. Membership and Term of Commission
The Commission shall consist of eleven (11) members, eight (8) of whom shall reside within the city limits of
Rexburg and be appointed by the Mayor and confirmed by the Council; three (3) members to be appointed who
reside within the Area of City Impact defined in City Ordinance No. 770.
a.
The three residing in the Area of City Impact shall be appointed, one by the Mayor and the other two shall
be appointed by the Madison County Commissioners.
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b.
The Mayor shall ask and receive names of persons to serve on the Commission.
1. The length of term is three (3) years.
2. The terms shall be staggered.
Resident.
3. The eight (8) members residing in the City shall have resided in Rexburg two (2) years
prior to appointment and must remain a resident of the City during service on the Commission.
d. Vacancies.
Vacancies occurring otherwise than through the expiration of terms must be filled in the same
manner as the original appointment. A member appointed and fulfilling an unexpired term shall serve the
remainder of the term.
e.
Members of the Commission may be removed for good cause by a majority vote of the full council.
f.
Members of the Commission may receive such mileage and per diem compensation as provided by the
Council.
g. Impact Area Enforcement.
The City of Rexburg and Madison County authorize the Rexburg Planning
and Zoning Commission to be the enforcing agency responsible for enforcing compliance with the
provisions of this ordinance within the Area of City Impact. Enforcement policies and procedures shall be
in compliance with the authorities and duties of the Zoning Administrator, acting as Chief Enforcement
Officer for the Commission.
h. Area of City Impact Voting.
In matters pertaining to the Area of City Impact, a vote of the three (3)
members residing in the Area of City Impact, in the aggregate, shall have the same weight as the vote of the
remaining seven (7) members of the Commission residing in the City of Rexburg, in the aggregate.
1.03.040. Organization of the Commission
The Commission shall elect a chairman and may create and fill any other office it deems necessary.
a.
The Commission may establish subcommittees, advisory committees or neighborhood groups to advise and
assist in carrying out its responsibilities under this Ordinance.
b.
The Commission may appoint non-voting ex-officio advisors as deemed necessary.
1.03.050. Public Hearing Notice
The public hearing shall be noticed as required by state statutes.
a. Newspaper Notice.
At least fifteen (15) days prior to the hearing, notice of the time and place and a
summary of the amendment shall be published in the official newspaper or paper of general circulation
within the jurisdiction of Rexburg.
b. Mailing Notice for Map Revision
. If the amendment is a map revision, additional notice shall be provided
by mail to property owners or purchasers of record of land within three hundred feet (300') of the external
boundaries of land being considered.
c. Posting.
Notice shall also be posted on the property to be rezoned not less than one (1) week prior to the
hearing.
d. 200 or More Land Owners.
When notice is required to two hundred (200) or more property owners or
residents, notice of the proposed change and the hearing shall be published in the official newspaper once a
week for two (2) consecutive weeks, with at least one of the publications being fifteen (15) days prior to the
date set for hearing on the proposed change.
1.03.060. Conflict of Interest
A member of the Commission shall not participate in any proceeding or action when the member, his employer,
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business partner, business associate, or any person related to him by affinity or consanguinity within the second
degree has an economic interest in the procedure or action.
a.
An actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the
action is being heard or considered.
1. Such disclosure shall be recorded in the minutes.
1.03.070. Hearing Procedures
Hearing Procedures.
The following shall be observed in the conduct of public hearings before the Planning and
Zoning Commission and the Council:
a. Recorded.
All public hearings shall be recorded electronically or steno-graphically and all persons
testifying shall speak in such a manner to assure that the recorded testimony or remarks will be accurate
and trustworthy.
b. Purpose and Subject.
The chairperson shall announce the purpose and subject of the hearing.
c. Conflict of Interest.
The chairperson may ask if any members have a conflict of interest and wish to be
excused from this portion of the meeting. (See 1.03.060)
d. Applicant Presents Proposal.
The chairperson shall ask the applicant to explain the proposal being
considered.
e. Questions.
The chairperson shall entertain questions from the Commission members regarding the
proposal.
f. Staff Report.
The chairperson shall ask the Zoning Administrator or designee if there is any additional
discussion needed for clarification.
g. Related Testimony.
The presiding officer may note, prior to opening the public hearing that testimony
should relate to whether the proposal before the hearing body is in accordance with the Comprehensive
Plan, the Development Code, and other standards of the City.
h. Time Limit.
The hearing body may establish a time limit to be observed by all speakers, depending upon
the number of those who wish to testify. Such a time limitation shall apply to all speakers’ comments.
i. Open Public Hearing.
The chairperson shall ask for statements from others in the audience.
Recognized.
1. No person shall be permitted to speak until such person has been officially recognized by
the presiding officer.
Sign-up Sheet.
2. The Zoning Administrator may require that those who wish to testify complete a sign-
up sheet with name and address prior to giving testimony.
State Name and Address.
3. Each person testifying shall be asked to state his/her name and address in
such a manner as to assure that it will be recorded by electronic means.
Questions.
4. At the conclusion of a speaker’s comments, each member of the hearing body may address
questions to the speaker. If a time limit has been set, such questions and answers shall not be included
in the time limit.
Rebuttal.
5. When all statements have been given, the chairperson shall afford anyone who has
previously given a statement to speak in rebuttal or clarify his/her earlier statement.
j. Close Public Hearing.
After such rebuttal and clarification, the chairperson shall close the public hearing
and ask for comments from the Commission members. Such discussion shall lead to action by the
Commission.
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1.03.080. Meetings of the Commission
The Chairperson presides at all regular meetings of the Commission which may be scheduled on the first and third
Thursday of each month for no less than nine (9) months in a year.
a.
All meetings and records shall be open to the public and a record of all meetings, hearings, resolutions,
studies, findings, permits, recommendations, and actions shall be maintained by the Commission.
b.
A quorum of the Commission shall consist of six (6) members.
c.
The Commission may prepare and adopt supplemental procedural rules, upon the approval of the City
Council, that will assure the accomplishment of the stated purpose and promote the efficiency and
effectiveness of the design review process.
d. Commission Action
. The Commission may recommend that the amendment be granted as requested, that
it be modified, or that it be denied.
1.03.090. City Council
Within sixty (60) days of the public hearing, the Commission shall transmit its recommendation to the Council.
a. Action by Council.
Upon granting, modifying, or denying a request for amendment, the Council shall
specify:
1. The provisions of this Ordinance and the Comprehensive Plan and other standards used in evaluating
the application.
2. The reasons for approval or denial.
3. The actions, if any, the applicant should take to obtain an amendment of the Ordinance.
1.03.100. Rejected Proposal
a. City Council Rejects Amendment.
When the City Council rejects a Comprehensive Plan Map or a zone
change recommendation from a public hearing that was held at a Planning and Zoning Commission
meeting, another public hearing shall be required to be held at the next available City Council meeting.
b. Commissioners Request Additional Hearing.
During a Comprehensive Plan map or a zone change
hearing, the Planning and Zoning Commission at their discretion can request an additional public hearing
be held at a future City Council meeting.
1.03.110. Appeals
The final decision of the Commission may be appealed to the Council by submitting a written appeal to the City
Clerk within fifteen (15) days of the decision of the Commission. Decisions of the Council may be appealed as
provided in Idaho Code Section 67-6521.
a. Impact Area.
Any affected person may appeal a final decision of the Commission relating to matters
arising within the Area of City Impact.
Authority.
1.The Zoning Administrator shall receive and direct appeals for the Impact Area, including
scheduling and coordinating.
Board of Appeals.
2.Said appeal shall be heard by a board of appeals consisting of two members
appointed by the county and two members appointed by the city.
Time Limit.
3.Any appeal from a decision pertaining to the Area of City Impact must be submitted by
written notice to the Clerk of the Commission within fifteen (15) days of the decision of the
Commission.
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SECTION 4: LAND USE ACTIONS
1.04.010. Application.
The applicant shall provide the Zoning Administrator with the following information:
a.
Name, address, and phone number of applicant.
b.
Name, address, and phone number of owners of the property, if owner is not the applicant.
c.
Legal description of the property
d.
Existing and proposed use
e.
Existing and proposed zoning district.
f. Vicinity Map.
For map revisions, a vicinity map showing the property lines, thoroughfares, existing and
proposed zoning, existing land uses.
1.04.020. Amendments to this Ordinance
The Council may, by ordinance, after receipt of recommendation from the Commission and subject to procedures
provided by law, amend, supplement, change, or repeal the regulations, restrictions, and boundaries or
classifications of property. Such amendments may include text amendments or map revisions.
a. Initiation of Ordinance Amendments.
Amendments to this Ordinance may be initiated in one of the
following ways:
Application.
1. (See 1.04.010.) By the filing of an application by a property owner or authorized agent
with the area proposed to be changed by the amendment. The applicant shall provide the Zoning
Administrator with the following additional information:
Narrative Statement.
a) A statement on how the proposed amendment relates to the
Comprehensive Plan, availability of public facilities, and compatibility with the surrounding area
and zoning.
Area of City Impact.
b) In the event an application for rezoning received by the Commission
requests a rezoning of any lands that lie within one quarter (1/4) mile of any boundary of the Sugar
City Area of City Impact, the Commission shall provide the City of Sugar City written notice of
the application for rezoning.
2. By adoption of a motion by the Commission
3. By adoption of a motion by the Council
b. Zoning Map Revisions.Comprehensive Plan Amendment
. If the request for zoning amendment is not
in accordance with the Comprehensive Plan, the Commission shall consider and the Council may adopt or
reject an amendment to the Comprehensive Plan after notice and hearings as provided in Section 67-6509,
Idaho Code. (See following summary table for allowable zoning in Comprehensive Plan areas.)
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Summary Table of Appropriate Land Uses for
each Comprehensive Plan Map Designation:
(Amended 03 May, 2017 by Ordinance 1159)
Comprehensive Plan Designation Allowable Zoning District
TOZ Technology and Office Zone
RBC Regional Business Center
Commercial
GBD General Business Center
CBC Community Business Center
LI Light Industrial
Light Industrial
TOZ Technology and Office Zone
CBD Central Business District
Downtown Commercial Mixed Use
MU Mixed Use
MU Mixed Use
OS Open Space
CBC Community Business Center
Neighborhood Commercial Mixed Use
CBD Central Business District
TOZ Technology and Office Zone
RBC Regional Business Center
PF Public Facilities
Public Facilities Point of reference & may be included in any
zone
MDR1 Medium Density Residential 1
MDR2 Medium Density Residential 2
Moderate to High Density Residential
HDR1 High Density Residential 1
HDR2 High Density Residential 2
LDR2 Low Density Residential 2
LDR3 Low Density Residential 3
Low to Moderate Density Residential
MDR1 Medium Density Residential 1
MDR2 Medium Density Residential 2
RR1 Rural Residential 1
RR2 Rural Residential 2
Single Family Residential LDR1 Low Density Residential 1
LDR2 Low Density Residential 2
LDR3 Low Density Residential 3
TAG1 Transitional Agriculture 1
Agriculture / Rural TAG2 Transitional Agriculture 2
OS Open Space
Open Space OS Open Space
University UD University District
c. Commission Consideration.
In evaluating requests for amendments, the Commission shall consider, in
addition to conformance with the Comprehensive Plan as required by Section 67-6511, Idaho code, the
following:
1. The capacity of existing public streets, water and sewer facilities, storm drainage facilities, solid waste
collection and disposal, and other utilities.
2. The capacity of existing public services, including but not limited to, public safety services, public
emergency services, schools, parks and recreational services.
3. The potential for nuisances or health and safety hazards that may adversely affect adjoining properties.
4. Recent changes in land use on adjoining properties or in the neighborhood of the map revision.
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d. Other Material Change Recommendations.
Following the hearing, if a material change in the ordinance
is recommended, other than that published for the present hearing, further notice and hearings shall be
provided before the Commission forwards its recommendation to the Council.
1.04.030. Conditional Use Permits
Pursuant to Idaho Code Section 67-6512, the Council and Commission may issue conditional use permits.
a. Application.
(See 1.04.010.) A narrative statement shall discuss the general compatibility of the proposed
development with adjacent properties and the neighborhood, the relationship of the proposed use to the
Comprehensive Plan, and the effects of the following on the adjoining property: noise, glare, traffic
generated, vibration, odor, fumes, drainage, building height, massing, and solid waste.
b. Studies.
The Commission or Council may require that the applicant conduct studies of the social,
economic, fiscal, and environmental effects of the proposed use.
c. Hearing.
Prior to issuing a conditional use permit, at least one public hearing shall be held. (See 1.03.070.)
d. Authority of Commission to Review Conditional Use Permits.
The Planning and Zoning Commission
may, without approval of the Council, grant the following conditional use permits:
Conditional Use Permits:
Bed & Breakfast
Boarding houses
Churches, synagogues, and temples
Day care centers
Developments with four (4) or less dwelling units
Funeral and crematory services
Government buildings
Section 4.00.040.
Home occupations under
Household goods warehousing and storage
Nursery Schools
Parks
Reduced parking space size in parking structures
1. All other conditional use permits may only be granted after review and recommendation by the
Commission and approval by the City Council.
e. Standards for Approval.
The approving body shall review the particular facts and circumstances of each
proposed conditional use and shall find adequate evidence to show that the proposed use will comply with
the following:
Be Listed as Conditional Use.
1. Constitute a conditional use as established in this Development Code.
Comprehensive Plan.
2. Be in accordance with a specific or general objective of the city’s
Comprehensive Plan and the regulations of this Ordinance.
Harmony with Adjacent.
3. Be designed and constructed in a manner to be harmonious with the
existing character of the neighborhood and the zone in which the property is located.
Nuisance.
4. Not create a nuisance or safety hazard for neighboring properties in terms of excessive
noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air
pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic
generation, or interference with pedestrian traffic.
Public Facilities and Services.
5. The use will be adequately served by essential public facilities and
services such as street access, police and fire protection, drainage structures, refuse disposal, water and
sewer service, and schools.
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a) If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded
sufficiently to serve the proposed use.
Traffic.
6. Not generate traffic in excess of the capacity of public streets or access points serving the
proposed use and will assure adequate visibility at traffic access points.
Buffers.
7. Be effectively buffered to screen adjoining properties from adverse impacts of noise,
building size and resulting shadow, traffic, and parking.
Slope and Soil.
8. Be compatible with the slope of the site and the capacity of the soils and will not be in
an area of natural hazard unless suitably designed to protect lives and property.
Historic Features.
9. Not result in the destruction, loss or damage of a historic feature of significance to
the community of Rexburg.
f. Supplementary Conditions and Safeguards.
In granting a conditional use permit, the approving body
may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may
include but not be limited to:
1. Minimizing adverse impact on other developments.
2. Controlling the sequence and timing of development.
3. Controlling the duration of development.
4. Assuring the development is properly maintained.
5. Designating the exact location and nature of development.
6. Requiring the provision for on-site or off-site public facilities of services;
7. Requiring more restrictive standards than those generally required in this Ordinance.
g. Action by the Commission/Council.
(See 1.03.090.)
h. FormalNotice.
Formal notice will be sent to applicant after approval of a Conditional Use Permit.
1. Notice will state the conditions of the permit.
i. Time Limit.
If conditions are violated or not met, there will be a ninety (90) day period to cure the
problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit.
1.04.040. Subdivisions
a. Violations
1. No personal shall subdivide any tract or parcel of land except in compliance with the provisions of this
ordinance.
2. No person shall purchase, sell, offer for sale or exchange any parcel of land which is part of a
subdivision or proposed subdivision, 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 in
accordance with the provisions of this ordinance.
1.04.050. Vacations
Property owner desires to have an existing subdivision, public right-of-way or easement vacated, or to dedicate a
street right-of-way or easement.
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a. Procedure.
All vacations shall be done in accordance with state statutes.
1. Complete and file an application with the City and provide other information required by law.
2. Upon receipt of the completed application and other information required, the City affixes the date of
application acceptance on the application.
3. Application is placed on the agenda for consideration at the next regular meeting of the Commission
no less than thirty (30) days from application submittal.
4. The Commission shall establish a date for a public hearing and give such public notice as required by
law.
5. City departments shall submit comments on the vacating application prior to the Commission meeting.
Commission.
6. The Commission will review the request and any agency response and make a
recommendation to the Council for approval, conditional approval or denial.
Council.
7. The Council may approve or deny the application.
Dedication Approved.
8. When a dedication is approved, any required street improvement shall be
constructed or a bond furnished assuring construction, prior to acceptance of dedication, unless other
requirements or agreements have been previously approved by the Council. (See Final Plat
Development Agreement in Subdivision Chapter.)
Deed.
9. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a
deed conveying such lands to the City.
Adjacent Property Owners.
10. When public right-of-way lands are vacated, the Council shall provide
adjacent property owners with a deed for said vacated rights-of-way in such proportions as described
by law.
Record with County.
8. The City will record the deed with the County Recorder.
1.04.060. Variances
The Planning and Zoning Commission may authorize variances or modifications from the provisions of this
Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, and rear yard setbacks, parking spaces,
height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of
a structure upon the lot, pursuant to Idaho Code Section 67-6516.
a. Application for a Variance.
In addition to the information required under Section 1.01.010., the
Commission may also require a narrative statement documenting that the request for a variance conforms to
the following conditions:
b. Conditions.
To approve a variance, the Commission must find, in writing, that the application for a
variance fulfills all of the following conditions:
1. The need for a variance results from physical limitations of the lot upon which the variance is
requested, which are not generally applicable to other properties in the same zone;
2. Failure to approve a variance will result in undue hardship;
a) The fact than an owner could realize a greater financial return from his property by subdividing
said property contrary to these regulations is not sufficient reason for hardship. Hardship cannot
be proved where it can be shown that property was purchased with the knowledge of existing
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restrictions, nor can hardship be claimed in terms of prospective sales or potential customers.
3. The alleged hardship has not been created by the action of the applicant or the property owner;
4. Approval of the variance is not in conflict with public interest.
5. The waiver will neither have the effect of nullifying the intent and purpose of the Comprehensive Plan,
zoning, or the Development Code.
c. Public Hearing.
Prior to granting a variance, at least one (1) public hearing shall be held to give interested
persons an opportunity to be heard. (See 1.03.070.)
d. Supplementary Conditions and Safeguards.
In granting any appeal or variance, the Commission may
prescribe appropriate conditions and safeguards.
1. The Commission may not grant a variance to permit a use not authorized under the terms of this
Ordinance.
e. Action by the Commission.
(See 1.03.080.d. and 1.03.090.)
f. Appeals.
(See 1.03.110.)
1.04.070. Building Permits Required
No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway,
carport, parking area or any other structure, without first obtaining a building permit for each building, sidewalk,
driveway, carport, parking area or any other structure from the City.
To apply for a permit, the applicant shall file an application with the Building Department.
a. Application Requirements.
To provide the information necessary to determine compliance with the
provisions of this Ordinance, the application shall require the following:
1. Name, address, and phone number of applicant.
2. Name, address, and phone number of owners of the property, if owner is not the applicant.
3. Legal description of the property.
4. Existing use.
5. Proposed use.
6. Zoning district.
7. A site plan drawn to scale showing:
a) the actual dimensions and the shape of the lot to be built upon;
b) the exact size and location of existing buildings on the lot, if any;
c) the exact location and dimensions of the proposed building, sidewalk, driveway, carport, parking
area or any other structure or alteration;
d) the location, layout, and access of proposed on-site parking;
e) Number and dimensions of off-street parking spaces and loading berths.
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f) the location and type of landscaping, fencing, and screening proposed on the lot;
g) Proposed water and sewer facilities.
h) Existing and proposed easements.
i) Proposed storm drainage for multi-family, commercial and industrial developments.
Elevations.
8. Applications subject to site plan review shall also include detailed drawings of all
elevations (front, rear and sides) in order to demonstrate compliance with Section 7 of this Ordinance
and to show building heights.
9. Such other matters as may be necessary to determine compliance with City ordinances.
b. Permits Issuance
1. No building permit may be issued on a lot for the use of any land, construction, or alteration of any
building or structure on a lot which would be in violation of any provision of this ordinance.
2. Any license or permit issued in conflict with such provisions shall be void.
3. Failure to have all work inspected may result in the withholding of services or issuances of building
permits.
1.4.080. Inspections
Appropriate agencies and departments shall inspect (or cause to be inspected) the improvements for compliance with
approved plans and specifications and applicable codes in the course of construction, installation, and repair. (Ex:
buildings, fire hydrants, water supply, sewage, disposal systems, etc.)
a. Improvements
1. The City Engineer’s office will inspect all construction of improvements that will be accepted and
maintained by the City.
a) Work completed without adequate notification to the City Engineer’s office may not be accepted
by the City unless approved inspections and testing has been completed.
2. The developer will be required to construct or have constructed all property improvements as required
for the development of any proposed subdivision.
Excavations.
3.Excavations for fire hydrants and water and sewer mains and laterals shall be covered or
backfilled ONLY after such installations shall have been approved by the City.
Uncover.
4. If installation is covered before being inspected and approved, it shall be uncovered after
notice has been issued by the City to the responsible person.
b. Manufactured/Mobile Home Community Inspections.
The Building Inspector is hereby authorized and
directed to make inspections to determine the condition of Manufactured/Mobile Home communities
within the city, in order that they may perform their duty of safeguarding the health and safety of occupants
of Manufactured/Mobile Home communities and of the general public.
Inspect Register.
1.The Building Inspector shall have the power to inspect the register containing a
record of all manufactured homes, mobile homes, or trailers within the communities.
Right of Entry for Enforcement.
2.The Building Inspector shall have the power to enter at reasonable
times upon any private or public property for the purpose of inspecting and investigating conditions
relating to the enforcement of regulation set forth in this Ordinance with the owner’s permission.
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Owner Grants Access.
3.It shall be the duty of the owners or occupants of the community, or of the
person in charge thereof, to give the Building Inspector free access to such premises where
Manufactured/Mobile Homes are contained therein, upon notice to the management at reasonable
times for the purpose of inspection.
Occupant Grants Access.
4. It shall be the duty of every occupant, owner, or agent thereof of a
community to give the city employee access to any part of such community or its premise at
reasonable times for the purpose of making such repairs or alterations as are necessary to effect
compliance with this chapter, or with any lawful order issued pursuant to the provisions of this chapter.
Violation of Inspections.
5.Whenever any inspection reveals that conditions or practices exist which
are in violation with any provision of this Ordinance, or any ordinance of the City of Rexburg, Idaho,
or laws of the State of Idaho, the inspecting officer shall give notice in writing to the person in charge
of such Manufactured/Mobile Home Community, and unless such conditions or practices are corrected
within a reasonable period of time, such period of time to be determined by the inspecting officer, the
manufactured/mobile home shall cease operation.
1.04.090. Certificate of Occupancy
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, enlarged, changed, converted, or wholly or partly altered or enlarged in its use or
structure until a Certificate of Occupancy has been issued by the Building Official.
a.
The Certificate should state that the proposed use of the building or land conforms to the requirements of
this Ordinance and with all conditional provisions that may have been imposed.
SECTION 5: ENFORCEMENT PLAN
1.05.010. Policy
The following program governing enforcement within the City Limits and Area of City Impact is hereby adopted.
1.05.020. Purpose
The City Staff will work with Rexburg residents in an effort to make the City of Rexburg a clean, safer, and
healthier place to live.
a.
The methods used will primarily be through education in conjunction with enforcement as needed.
b.
While serving the public, City Staff will treat the public with dignity and respect, with a positive attitude,
and a collaborative spirit.
c.
City Staff will develop processes and procedures to effectively serve the public.
d.
City Staff will stay informed and educated on current issues with code enforcement and develop needed
skills to deliver professional services.
e.
Code enforcement will work in cooperation with a variety of other agencies and take part in community
events to serve the public.
1.05.030. Objectives
Code enforcement activities will help individuals and families to improve their properties. This strategic plan will
assist in helping improve safe, sanitary, living conditions and neighborhood aesthetics. Through education and
Code Officer involvement, residents will take the self-initiative to maintain their property, neighborhood, and
community. With this strategic plan, the needed intervention will take place. This plan has the base to succeed,
nevertheless, it will be an evolving plan, and it can and will be modified where needed to successfully serve the
residents of the City of Rexburg.
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a. Education.
Educate property owners and renters of their responsibilities to maintain their property as it
pertains to the standards set forth in City of Rexburg codes.
b. Enforcement.
Enforce the codes in accordance with established policies and procedures. Seek compliance
through education and enforcement.
c. Cooperation.
Work with individual property owners, landlords, occupants, renters and businesses.
d. Minimize Negative Impacts.
To maximize our service to the community, we have analyzed the most
common code violations that have the most negative impact on a neighborhood. The Code Enforcement
Division will focus on the most common violations listed below.
1. Debris and garbage on properties
2. Inoperative vehicles
3. Weeds
4. Illegal Housing Units.
1.05.040.Enforcement Activities
Code enforcement activities will help individuals and families to improve their properties. Referring to The
“Window Theory” as written by James Wilson and George Kelly, Sandi Bucher stated in an article in the LA
times…
“A stable neighborhood of families who care for their homes, mind each other’s children and confidently frown
on unwanted intruders, can change, in a few years or even a few months into an inhospitable and frightening
jungle…A piece of property is abandoned, weeds grow up, a window is smashed… Families move out,
unattached adults move in. Litter accumulates…it is more likely that here, rather than in places where people
are confident they can regulate public behavior by informal controls, drugs will change hands…and crime and
decay goes on.” “It has been proven in case studies that anywhere a community stops caring about their
neighbor, their property, their children and their neighbor’s children, a broken window is bound to show up”.
Code enforcement will help improve safe and sanitary living conditions and neighborhood aesthetics. It is
anticipated through education and involvement; many residents will take self-initiative to correct code violations on
their properties.
1.05.050. Education
Education is an important and proactive component affecting code enforcement. Education empowers citizens to
make decisions about their individual properties, neighborhoods, and community. Educational opportunities will be
provided to residents on code enforcement and neighborhood clean-up activities with the cooperation and support of
the Zoning Administrator and Public Information Officer. Information will be disseminated through:
a.
Flyers, newsletters
b.
Monthly activities in coordination with specific seasons of the year
c.
Newspaper features on “things to know about code enforcement”
d.
Surveys and Questionnaires
e.
TV news stories
f.
Web Page information
g.
Workshops and seminars
1.05.060. Communication and Coordination
Code enforcement activities will be coordinated with the Police, Fire, Building, District Health Departments, and
other entities. Coordination will include:
a.
Animal control—number of dogs allowed per household
b.
Building Department-dangerous buildings
c.
Church Groups
d.
Civic and Service Organizations
e.
Fire Department-unsafe structures, burnt structures, home addressing and size of letters, hydrants, access
issues, etc.
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f.
Health Department—safety and unsanitary conditions in or around homes or businesses, and infestations
g.
Neighborhood Associations
h.
Police Department-illegal activities in or around properties, graffiti, and abandoned vehicles etc.
1.05.070. Block by Block Inspection Process
Code Enforcement officers will work to achieve the goals and objectives of this plan by initiating a block-by-block
inspection process. This inspection process will be a systematic sweep of the entire area as divided into zones. There
are four zones within the City of Rexburg. The zones are geographically sectioned and delineated by major traveled
arteries.
a. Evaluation.
Properties will be evaluated for the target violations of debris, inoperative and/or unlicensed
vehicles, weeds and graffiti.
b. Contact.
This effort will give the officer the opportunity to go door-to-door reviewing thoroughly each
property for code violations and whenever possible, meet with the property owners or occupants and
educate them on city codes.
1. Education materials will be distributed, communication will take place, and relationships based on
trust will be built.
c. Complaints.
Although the officer will be concentrating their efforts on one specific block area at a time,
they will continue to follow up on all complaints, abandoned vehicles, and active cases within the city.
1.05.080. Evaluation Criteria
Measuring the impact of code enforcement activities is not always precise. Some activities can be tabulated
numerically, while others will come with a less tangible result.
a.
The Code Enforcement Department maintains a computer tracking system allowing for activities to be
recorded and tabulated.
b.
It is believed by using the block-by-block inspection and the new notice system we will be able to track
more closely any time we have interaction with residents directly or indirectly. Code Enforcement will be
able to evaluate the efforts from the information gathered from each inspection.
c.
Other less tangible ways to evaluate the program will be:
1. A decline in out-migration of residents and businesses from the neighborhoods
2. Aesthetic improvements of structures and landscaping
3. Increased self-initiative by the residents to correct code violations
4. Observation of improvements of safe and sanitary living conditions
5. Stable property values
1.05.090. Notices and Procedures Used by Code Enforcement
a.
Courtesy Notice
b.
Correction Notice
c.
Final Notice
d.
Re-Occurring Violation Notice
e.
Citation process (as needed)
f.
Prosecution process (as needed)
g.
Process for open and accessible vacant buildings
h.
Dangerous building abatement process
i.
Code enforcement money handling procedure
j.
Voluntary community service
k.
Recognition awards
l.
Code Enforcement development
m.
Coverage and statistics
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1.05.100. Courtesy Notice
This is the initial step in communicating violations to residents and property owners regarding their property. This
notice is a door hanger notifying the property owner or occupant of code violations on the property. If the property
owner or occupants are available, we will work directly with them to help resolve code violations. Attempts will
always be made to have face-to-face contact between the officer and the occupant prior to the notice being left on
the door. Code officers can offer solutions and advise of programs which may be available to get help if needed.
The door hanger has two perforations: 1) Part of the door hanger is to be filled out by the property owner/occupant
and sent back to Code Enforcement within ten (10) days. This is to acknowledge receiving the notice and to show a
plan of action to correct the problem and 2) The other portion is information for the officer to track the case.
1.05.110. Correction Notice
This notice is mailed on the same day as the courtesy notice. The notice will be a reminder of the agreement to
bring the property into compliance or that a notice was posted on the door. They will have ten (10) days to respond
to the notice or correct the violation. The ten (10) days will begin from the post of the Courtesy notice.
1.05.120. Final Notice
The final notice is the last effort to get the property owner’s attention before further action is taken or prosecution.
Ten (10) more days are given for a response or remedy.
1.05.130. Re-Occurring Violation Notice
This notice is utilized when a property owner has been notified repeatedly of code violations and the violation
continually re-surfaces. With this notice, the responsible party is given ten (10) days to comply. If property is not in
compliance by the ten (10) day deadline, all other notices are forfeited and the case will go directly to the abatement,
citation, or prosecution process.
1.05.140. No Abatement Process
The Abatement Process is not used due to the fact that the city does not have the ability to store these items nor
desires the liability that could accompany transporting and storage.
1.05.140. Citations
One avenue to resolve violations is to issue citations. The issuance of a citation is much more serious in nature than
an abatement notice and tends to directly impact the point of view of the violator. This gives the Enforcement
Division an opportunity to resolve a violation in a more direct and expeditious manner.
1.05.150. Prosecution Process
The prosecution process is used in cases where a violation consists of items that may be deemed of value (i.e.
vehicles, parts of vehicles, appliances, furniture, etc.). The Prosecution Process is to be followed as a last resort
after the citation process has been exhausted.
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