Notice of Public Hearing

NOTICE OF PUBLIC HEARING

Re: Potential modifications to the Madison County Unified Development Code Chapter 109-Miscellanious Provisions, to adopt a new section to Chapter 109 to include a governing section on Accessory Dwelling Units.

NOTICE IS HEREBY GIVEN that a public hearing will be held before the Madison County Planning and Zoning Commission at or after the hour of 6:30 p.m. on Wednesday October 26, to consider an amendment to the Unified Development Code.

Madison County is proposing to amend the Unified Development Code to add a section to govern Accessory Dwelling Units. The amendment will change Accessory Dwelling Units from allowed with a Conditional Use Permit which requires a public hearing before the Planning Commission and final decision of the Board of County Commissioners, to being allowed with an Administrative Permit which will be approved by the Planning Administrator, contingent upon meeting nine (9) conditions which are outlined the proposed amendment to the Code. The decision of the Planning Administrator may be appealed to the Planning Commission.  Conditions of Approval include:

1. Lot is at least 1 acre in size.
2. Accessory dwelling unit can be serviced with a single shared well with the primary residence
3. Must demonstrate approval of the proposed septic system as approved by East Idaho Public Health.
4. May be attached or detached to the primary residence, or part of an accessory building (detached garage or shop).
5. May not exceed half the size of the primary residence (including basement), or 1,500 square feet, whichever is larger. If the lot is 2 acres or larger, there is no size restriction on the accessory dwelling
6. Must remain in the same ownership as the lot and primary dwelling on the lot (may not be condominiumized).
7. No more than one primary dwelling and one accessory dwelling is allowed per lot. (For example, a basement apartment with a separate entrance would qualify as an accessory dwelling. Therefore no additional dwelling unit would be allowed on the lot.)
8. Any enforcement of the neighborhood covenants regarding accessory dwelling units is the responsibility of the Home Owners’ Association and not the responsibility of Madison County. Approval by Madison County does not constitute conformance with covenants in place.
9. If the lot is in a platted subdivision, notice of the application for the accessory dwelling unit and pending building permit will be sent to all lot owners within the subdivision.

The public is invited to attend, and public comment is encouraged. Written comment will be accepted in regards to this proposal at the Madison County Planning and Zoning Office, 134 E. Main Suite 208, Rexburg Idaho, 83440.

The proposed language for this potential modification can be accessed on the Madison County Idaho Website: https://www.co.madison.id.us/departments/planning-zoning

This notice is given pursuant to the provisions of §§ 67-6509, 67-6511, Idaho Code, and all amendments thereof.

DATED this _____ day of ­­­_______________, 2022

Madison County Planning and Zoning Commission

______________________________________________

By: Kim H. Muir, Madison County Clerk

Published:       October 11, 2021

                        November 18, 2021