Chapter 18.120
TEXT AMENDMENTS
Sections:
18.120.020 Initiation of amendment.
18.120.040 Action by commission.
18.120.050 Action by the council.
18.120.060 Resubmission of application.
18.120.070 Zoning ordinance map amendment pursuant to development agreement.
18.120.010 Introduction.
Whenever the public necessity, general welfare, or good zoning practices require, the council may, by ordinance, amend the provisions of this title in accordance with the procedures of this chapter. For ordinance amendments that affect the property located in the impact area, the board of county commissioners must approve the amendments. Amendments may include the following:
A. Zoning ordinance text amendment: an amendment, supplement, or repeal of the text of this title.
B. Zoning ordinance map amendment: a change in the zone district boundaries as shown on the official zoning map. [Ord. 230, 2016.]
18.120.020 Initiation of amendment.
Amendments to the zoning ordinance may be initiated by a motion of the commission or the council, or by the filing of an application with the administrator. [Ord. 230, 2016.]
18.120.030 Application.
A. Applications for amendments as described in DCC 18.120.010(A) shall contain the following information:
1. Name, address, and phone number of applicant.
2. Proposed amendment and summary of the specific objective of any proposed change in text.
3. A statement of how the proposed amendment relates to the comprehensive plan.
4. A fee established by city council resolution.
5. Eight copies of the above information. The administrator may request additional copies.
B. Applications for amendments as described in DCC 18.120.010(B) shall contain the following information:
1. Name, address, and phone number of applicant.
2. Existing and proposed uses of subject land.
3. Existing and proposed zoning district of subject land.
4. Vicinity map at a scale approved by the administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require.
5. A statement of how the proposed amendment benefits the public interest.
6. A list of all property owners and their mailing addresses within 300 feet of the external boundaries of the land being considered, typed on mailing labels.
7. A fee established by city council resolution.
8. Proof of interest in subject property.
9. Eight copies of the above information. The administrator may request additional copies. [Ord. 230, 2016.]
18.120.040 Action by commission.
The commission shall review proposed amendments in the following manner:
A. Criteria for Review. The commission shall, at a minimum, consider the following criteria in making its recommendation to the council:
1. The relationship of the proposed amendment to the comprehensive plan, or in the case of a comprehensive plan amendment, any significant changes that have occurred that may warrant such a change; and
2. Availability of public services to support the full range of proposed uses; and
3. Compatibility of the proposed uses with the surrounding area.
B. If a proposed zoning ordinance amendment is not in accordance with the comprehensive plan, the commission shall notify the applicant of this finding and inform the applicant that they must apply for an amendment to the comprehensive plan before the ordinance or zoning map can be amended. [Ord. 230, 2016.]
18.120.050 Action by the council.
A. Proposed amendments shall comply with the provisions of Chapter 18.125 DCC except the council shall conduct at least one public hearing.
B. Following the hearing, if the council makes a substantial change from what was presented at the hearing, further notice and hearing shall be provided before the council makes its final action.
C. Upon adopting the proposed amendment, the council shall find that the following facts, where applicable, when submitted with the application and presented to them, establish that the amendment:
1. Will generally conform with the comprehensive plan; and
2. Will not create excessive additional requirements at public cost for public facilities and services; and
3. Will be in accordance with the welfare of the general public.
D. Upon approval of an amendment to the zoning ordinance, the council shall pass an ordinance making said amendment part of this title. [Ord. 230, 2016.]
18.120.060 Resubmission of application.
No application for an amendment which has been denied by the council shall be resubmitted in either substantially the same form or with reference to substantially the same land for the same purposes within one year from the date of such final action, unless an amendment to the comprehensive plan has been made which has resulted in a change in conditions applying to the specific land under consideration. [Ord. 230, 2016.]
18.120.070 Zoning ordinance map amendment pursuant to development agreement.
A. A zoning ordinance map amendment, as defined in DCC 18.120.010(B), may be made conditional upon the owner or developer of the property to be rezoned making a commitment concerning the use or development of the subject parcel. Any such written commitment shall be made in accordance with Idaho Code, Section 67-6511A, and may be made as part of a development agreement entered into between the city and the owner or developer.
B. Commitments, whether part of a development agreement or not, shall be recorded in the office of the Valley County recorder and shall take effect upon the adoption of the zoning ordinance map amendment. Unless modified or terminated by the city council, any such commitment shall be binding upon the owner of the property, each subsequent owner, and each other person acquiring an interest in the subject property.
C. A commitment may be modified only by permission of the city council after compliance with the notice and hearing requirements of Idaho Code, Section 67-6509. A commitment may be terminated, and the zoning designation upon which it was based reversed, upon failure of the requirements in the commitment after a reasonable time as determined by the city council, or upon failure of the owner or developer, each subsequent owner, or each other person acquiring an interest in the subject property to comply with the conditions in the commitment, and council after complying with the notice and hearing provisions of Idaho Code, Section 67-6509. A written commitment shall be deemed written consent to rezone upon the failure of conditions imposed by the commitment in accordance with Idaho Code, Section 67-6511A and this section. [Ord. 230, 2016.]