COMPREHENSIVE PLAN, AREA OF CITY IMPACT AMENDMENTS
8-3-1: PURPOSE:
The purpose of the comprehensive plan is to set forth the city's goals, policies, and programs and to direct and designate the desired general distribution, location, and extent of the significant uses of the land toward the achievement of the city's goals. The comprehensive plan is a dynamic document based upon community values and existing and projected conditions and needs which are in a constant state of change. The purpose of this chapter is to set forth procedures for the amendment of the comprehensive plan so that it may be updated and modified as necessary in response to changing circumstances.
A. The comprehensive plan shall include all components of Idaho Code section 67-6508 for property within existing municipal corporate limits.
B. The comprehensive plan shall also include the future land use plan map component of Idaho Code section 67-6508(c) for property within the city's area of city impact boundary. The city council, at its discretion, may elect to incorporate any or all other aspects of Idaho Code section 67-6508, comprehensive plan requirements, into its comprehensive plan's future direction for its area of city impact. (Ord. 263, 7-12-2005)
8-3-2: LEGAL AUTHORITY:
The comprehensive plan, including its text or maps, may be amended by resolution passed by the city council pursuant to the provisions of Idaho Code section 67-6509. (Ord. 263, 7-12-2005)
8-3-3: AUTHORIZATION FOR INITIATION:
Applications or requests for a comprehensive plan amendment may be initiated by either:
A. The verified application of the record owner or owners of the affected property or authorized agent thereof; or
B. The city council through its own motion. (Ord. 263, 7-12-2005)
8-3-4: COORDINATION WITH RELATED MUNICIPAL ACTIVITIES:
To the maximum extent practical or necessary, amendments to the comprehensive plan shall be coordinated, procedurally and substantively, with amendments to municipal development regulations under this title and other ordinances, as well as with adoption of related city legislation such as the transportation improvement program, the capital improvement program, annexations of area of city impact lands, etc. Amendments to the city's development regulations that require amendments to the comprehensive plan shall not proceed until such associated amendments are made to the comprehensive plan. Upon annexation of area of city impact lands, development review and approval for parcels that require amendments to the comprehensive plan shall not proceed until such associated amendments are made to the comprehensive plan. (Ord. 263, 7-12-2005)
8-3-5: CONCURRENCY AND TIMING:
All proposed amendments shall be considered by the city council concurrently so that their cumulative effect can be ascertained. Pursuant to Idaho Code section 67-6509(d), amendment cycles shall be no more frequent than once every six (6) months for the future land use plan map component of the comprehensive plan; however, amendments to the text and other aspects of the comprehensive plan may be made at any time. (Ord. 263, 7-12-2005)
8-3-6: APPLICATION MATERIALS:
A. Information Required: Applications for amendments to the comprehensive plan shall include the following:
1. Description of the proposed comprehensive plan amendment, including as appropriate, detailed amendatory language;
2. Rationale for the proposed comprehensive plan amendment which may include, but not be limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data necessary to demonstrate that the proposed comprehensive plan amendment is in the public interest of the city;
3. A review and analysis of the comprehensive impacts of the proposed amendment;
4. An explanation of whether approval criteria of section 8-3-8 of this chapter are satisfied; and (Ord. 263, 7-12-2005)
5. Where an amendment is map related or is specific to a site, a mailing list of adjacent property owners within three hundred feet (300') of the affected site; provided, however, that where an applicant has ownership interest in any adjacent properties, the list shall extend to a point three hundred feet (300') beyond said ownership interest. If the city determines that notices will be mailed pursuant to section 8-3-10 of this chapter, such notice will be sent by first class mail at the applicant's expense. (Ord. 263, 7-12-2005; amd. 2006 Code)
B. Preparation Of Amendment Materials: Where initiated by motion of the city council, municipal staff and/or contracted staff shall prepare the amendment material. Where requested by the record owner or owners of the affected property or authorized agent thereof, said party shall prepare the amendment materials. The city clerk-treasurer or contracted staff shall notify the record owner or owners of the affected property or authorized agent thereof, in writing, if the amendment materials are sufficiently complete for consideration, or of what additional information is needed to make the amendment materials complete.
C. Inadequate Applications Not Considered: Applications which are not timely, are incomplete, are substantially similar to a recent and denied request, or do not satisfy the criteria of section 8-3-8 of this chapter shall not be considered. (Ord. 263, 7-12-2005)
8-3-7: FILING FEES:
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each request for a comprehensive plan amendment for the purpose of defraying the expenses of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed in this chapter. (Ord. 263, 7-12-2005)
8-3-8: APPROVAL CRITERIA:
When considering amendments to the comprehensive plan, the following criteria shall be considered, and only those amendments which are found to be in substantial compliance with all the criteria shall be approved:
A. The amendment is necessary to resolve inconsistencies between the comprehensive plan and other municipal plans or ordinances, or to resolve inconsistencies between the comprehensive plan and Kootenai County's plans or ordinances, or to update the transportation improvement program and/or capital improvement program in connection with annual budget adoption;
B. Potential ramifications of the proposed amendment upon all other comprehensive plan elements have been considered and adequately addressed;
C. Conditions have so changed since the adoption of the comprehensive plan that the existing text, including, but not limited to, goals, policies, and/or map classifications, is inappropriate;
D. The proposed amendment is consistent with the overall intent of the goals of the comprehensive plan;
E. The proposed amendment is consistent with the parameters of Idaho Code section 67-6508 in effect at the time;
F. Where an amendment to the comprehensive plan's future land use plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation, or the subject property is of sufficient size to buffer or otherwise mitigate incompatible land uses; and
G. Impacts have been disclosed, and measures have been ensured to reduce possible adverse impacts. (Ord. 263, 7-12-2005)
8-3-9: AMENDMENT PROCEDURE:
The following steps shall precede setting of the public hearing on comprehensive plan amendments, except for those amendments undertaken to the transportation improvement program and/or capital improvement program in connection with annual municipal budget adoption:
A. All proposed amendments to the comprehensive plan's future land use plan map shall be submitted to the city clerk-treasurer not later than May 1 of any given year for a July city council hearing date, and not later than November 1 of any given year for a January city council hearing date. The city council may, at its discretion, consolidate any proposed amendments to the text and other aspects of the comprehensive plan, so that they are concurrently processed and heard with the proposed amendments to the future land use plan map.
B. Following a city council determination to proceed with a hearing on the proposed amendment(s), the city clerk-treasurer or contracted staff shall prepare a comprehensive staff report and recommendations related to the amendments, including an analysis of their cumulative impacts.
C. Subsection B of this section and appropriate supporting materials shall be forwarded to Kootenai County for its preliminary review. Other applicable state, county, and/or local agencies, including highway and school districts, shall be similarly notified inasmuch as they may have an interest in the amendment. Such distribution(s) shall be the responsibility of the city clerk-treasurer or contracted staff. (Ord. 263, 7-12-2005)
8-3-10: PUBLIC HEARING AND NOTICE:
Following initiation of a comprehensive plan amendment process, the city clerk-treasurer and/or contracted staff shall set the matter(s) for public hearing before the city council. The city shall give notice of the hearing to be held, which notice shall contain the date, time, and place of the hearing, a general explanation of the matter(s) to be considered, and a general description in text or by diagram of the location(s) of real property, if any, that is (are) the subject of the hearing, and shall be:
A. Published once in the official newspaper of the city at least fifteen (15) days before the date of the city council hearing;
B. Notice thereof shall be posted at the city hall and other public locations in the city at least fifteen (15) days prior to the hearing; and
C. Where the amendment is map related or is specific to a site, additional public notice may be given to interested or substantially affected persons and may include direct mailing of public notices and posting of property, if applicable, at least fifteen (15) days prior to the hearing. (Ord. 263, 7-12-2005)
8-3-11: COUNCIL ACTION:
A. The city council shall hold a duly noticed public hearing on the proposed comprehensive plan amendment(s). The city council shall amend the comprehensive plan by resolution, which resolution shall be adopted by the affirmative vote of a majority of the members of the city council. The city council shall approve, approve with modifications, or disapprove the recommendation of the city clerk-treasurer and/or contracted staff.
B. A record of the hearing, findings made, and actions taken by the city council, including adoption resolution(s), shall be maintained by the city. (Ord. 263, 7-12-2005)
8-3-12: AREA OF CITY IMPACT BOUNDARY REVIEW:
A. Review: In accordance with Idaho Code section 67-6526, the city shall periodically review the extent to which growth of an urban nature is occurring within current municipal boundaries and within the unincorporated area of city impact boundary. Based upon such review, and coordination with Kootenai County, the city shall adjust its residential density allowances and nonresidential intensity expectations, and/or its area of city impact boundary, as necessary, to accommodate its urban growth expected to occur in the succeeding twenty (20) year period.
B. Boundary Revisions: Revisions of the area of city impact boundary and the regulations pertaining thereto shall be subject to negotiation with Kootenai County's board and concurrent adoption by both the city council and county board pursuant to Idaho Code section 67-6526. (Ord. 263, 7-12-2005)
Athol City Zoning Code
CHAPTER 3
COMPREHENSIVE PLAN, AREA OF CITY IMPACT AMENDMENTS
8-3-1: PURPOSE:
The purpose of the comprehensive plan is to set forth the city's goals, policies, and programs and to direct and designate the desired general distribution, location, and extent of the significant uses of the land toward the achievement of the city's goals. The comprehensive plan is a dynamic document based upon community values and existing and projected conditions and needs which are in a constant state of change. The purpose of this chapter is to set forth procedures for the amendment of the comprehensive plan so that it may be updated and modified as necessary in response to changing circumstances.
A. The comprehensive plan shall include all components of Idaho Code section 67-6508 for property within existing municipal corporate limits.
B. The comprehensive plan shall also include the future land use plan map component of Idaho Code section 67-6508(c) for property within the city's area of city impact boundary. The city council, at its discretion, may elect to incorporate any or all other aspects of Idaho Code section 67-6508, comprehensive plan requirements, into its comprehensive plan's future direction for its area of city impact. (Ord. 263, 7-12-2005)
8-3-2: LEGAL AUTHORITY:
The comprehensive plan, including its text or maps, may be amended by resolution passed by the city council pursuant to the provisions of Idaho Code section 67-6509. (Ord. 263, 7-12-2005)
8-3-3: AUTHORIZATION FOR INITIATION:
Applications or requests for a comprehensive plan amendment may be initiated by either:
A. The verified application of the record owner or owners of the affected property or authorized agent thereof; or
B. The city council through its own motion. (Ord. 263, 7-12-2005)
8-3-4: COORDINATION WITH RELATED MUNICIPAL ACTIVITIES:
To the maximum extent practical or necessary, amendments to the comprehensive plan shall be coordinated, procedurally and substantively, with amendments to municipal development regulations under this title and other ordinances, as well as with adoption of related city legislation such as the transportation improvement program, the capital improvement program, annexations of area of city impact lands, etc. Amendments to the city's development regulations that require amendments to the comprehensive plan shall not proceed until such associated amendments are made to the comprehensive plan. Upon annexation of area of city impact lands, development review and approval for parcels that require amendments to the comprehensive plan shall not proceed until such associated amendments are made to the comprehensive plan. (Ord. 263, 7-12-2005)
8-3-5: CONCURRENCY AND TIMING:
All proposed amendments shall be considered by the city council concurrently so that their cumulative effect can be ascertained. Pursuant to Idaho Code section 67-6509(d), amendment cycles shall be no more frequent than once every six (6) months for the future land use plan map component of the comprehensive plan; however, amendments to the text and other aspects of the comprehensive plan may be made at any time. (Ord. 263, 7-12-2005)
8-3-6: APPLICATION MATERIALS:
A. Information Required: Applications for amendments to the comprehensive plan shall include the following:
1. Description of the proposed comprehensive plan amendment, including as appropriate, detailed amendatory language;
2. Rationale for the proposed comprehensive plan amendment which may include, but not be limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data necessary to demonstrate that the proposed comprehensive plan amendment is in the public interest of the city;
3. A review and analysis of the comprehensive impacts of the proposed amendment;
4. An explanation of whether approval criteria of section 8-3-8 of this chapter are satisfied; and (Ord. 263, 7-12-2005)
5. Where an amendment is map related or is specific to a site, a mailing list of adjacent property owners within three hundred feet (300') of the affected site; provided, however, that where an applicant has ownership interest in any adjacent properties, the list shall extend to a point three hundred feet (300') beyond said ownership interest. If the city determines that notices will be mailed pursuant to section 8-3-10 of this chapter, such notice will be sent by first class mail at the applicant's expense. (Ord. 263, 7-12-2005; amd. 2006 Code)
B. Preparation Of Amendment Materials: Where initiated by motion of the city council, municipal staff and/or contracted staff shall prepare the amendment material. Where requested by the record owner or owners of the affected property or authorized agent thereof, said party shall prepare the amendment materials. The city clerk-treasurer or contracted staff shall notify the record owner or owners of the affected property or authorized agent thereof, in writing, if the amendment materials are sufficiently complete for consideration, or of what additional information is needed to make the amendment materials complete.
C. Inadequate Applications Not Considered: Applications which are not timely, are incomplete, are substantially similar to a recent and denied request, or do not satisfy the criteria of section 8-3-8 of this chapter shall not be considered. (Ord. 263, 7-12-2005)
8-3-7: FILING FEES:
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each request for a comprehensive plan amendment for the purpose of defraying the expenses of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed in this chapter. (Ord. 263, 7-12-2005)
8-3-8: APPROVAL CRITERIA:
When considering amendments to the comprehensive plan, the following criteria shall be considered, and only those amendments which are found to be in substantial compliance with all the criteria shall be approved:
A. The amendment is necessary to resolve inconsistencies between the comprehensive plan and other municipal plans or ordinances, or to resolve inconsistencies between the comprehensive plan and Kootenai County's plans or ordinances, or to update the transportation improvement program and/or capital improvement program in connection with annual budget adoption;
B. Potential ramifications of the proposed amendment upon all other comprehensive plan elements have been considered and adequately addressed;
C. Conditions have so changed since the adoption of the comprehensive plan that the existing text, including, but not limited to, goals, policies, and/or map classifications, is inappropriate;
D. The proposed amendment is consistent with the overall intent of the goals of the comprehensive plan;
E. The proposed amendment is consistent with the parameters of Idaho Code section 67-6508 in effect at the time;
F. Where an amendment to the comprehensive plan's future land use plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation, or the subject property is of sufficient size to buffer or otherwise mitigate incompatible land uses; and
G. Impacts have been disclosed, and measures have been ensured to reduce possible adverse impacts. (Ord. 263, 7-12-2005)
8-3-9: AMENDMENT PROCEDURE:
The following steps shall precede setting of the public hearing on comprehensive plan amendments, except for those amendments undertaken to the transportation improvement program and/or capital improvement program in connection with annual municipal budget adoption:
A. All proposed amendments to the comprehensive plan's future land use plan map shall be submitted to the city clerk-treasurer not later than May 1 of any given year for a July city council hearing date, and not later than November 1 of any given year for a January city council hearing date. The city council may, at its discretion, consolidate any proposed amendments to the text and other aspects of the comprehensive plan, so that they are concurrently processed and heard with the proposed amendments to the future land use plan map.
B. Following a city council determination to proceed with a hearing on the proposed amendment(s), the city clerk-treasurer or contracted staff shall prepare a comprehensive staff report and recommendations related to the amendments, including an analysis of their cumulative impacts.
C. Subsection B of this section and appropriate supporting materials shall be forwarded to Kootenai County for its preliminary review. Other applicable state, county, and/or local agencies, including highway and school districts, shall be similarly notified inasmuch as they may have an interest in the amendment. Such distribution(s) shall be the responsibility of the city clerk-treasurer or contracted staff. (Ord. 263, 7-12-2005)
8-3-10: PUBLIC HEARING AND NOTICE:
Following initiation of a comprehensive plan amendment process, the city clerk-treasurer and/or contracted staff shall set the matter(s) for public hearing before the city council. The city shall give notice of the hearing to be held, which notice shall contain the date, time, and place of the hearing, a general explanation of the matter(s) to be considered, and a general description in text or by diagram of the location(s) of real property, if any, that is (are) the subject of the hearing, and shall be:
A. Published once in the official newspaper of the city at least fifteen (15) days before the date of the city council hearing;
B. Notice thereof shall be posted at the city hall and other public locations in the city at least fifteen (15) days prior to the hearing; and
C. Where the amendment is map related or is specific to a site, additional public notice may be given to interested or substantially affected persons and may include direct mailing of public notices and posting of property, if applicable, at least fifteen (15) days prior to the hearing. (Ord. 263, 7-12-2005)
8-3-11: COUNCIL ACTION:
A. The city council shall hold a duly noticed public hearing on the proposed comprehensive plan amendment(s). The city council shall amend the comprehensive plan by resolution, which resolution shall be adopted by the affirmative vote of a majority of the members of the city council. The city council shall approve, approve with modifications, or disapprove the recommendation of the city clerk-treasurer and/or contracted staff.
B. A record of the hearing, findings made, and actions taken by the city council, including adoption resolution(s), shall be maintained by the city. (Ord. 263, 7-12-2005)
8-3-12: AREA OF CITY IMPACT BOUNDARY REVIEW:
A. Review: In accordance with Idaho Code section 67-6526, the city shall periodically review the extent to which growth of an urban nature is occurring within current municipal boundaries and within the unincorporated area of city impact boundary. Based upon such review, and coordination with Kootenai County, the city shall adjust its residential density allowances and nonresidential intensity expectations, and/or its area of city impact boundary, as necessary, to accommodate its urban growth expected to occur in the succeeding twenty (20) year period.
B. Boundary Revisions: Revisions of the area of city impact boundary and the regulations pertaining thereto shall be subject to negotiation with Kootenai County's board and concurrent adoption by both the city council and county board pursuant to Idaho Code section 67-6526. (Ord. 263, 7-12-2005)