10-15-1: AUTHORITY OF BOARD; RECOMMENDATIONS OF COMMISSION:
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Board, after receipt of recommendation thereon from the commission; and being subject to procedures provided by law, may amend, supplement, change or repeal by ordinance the zoning regulations, restrictions and boundaries or classification of property. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-2: INITIATION OF ZONING AMENDMENTS:
Amendments to this title may be initiated in one of the following ways:
A. By adoption of a motion by the commission.
B. By adoption of a motion by the Board.
C. By written petition designating the change desired and the reason therefor, said petition will be forwarded to the commission.
D. By the filing of an application by a property owner of the area proposed to be changed. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-3: CONTENTS OF APPLICATION:
Applications for amendments to this title shall contain the following information:
A. Name, address and phone number of applicant.
B. Proposed text amendment or proposed zone change.
C. Present land use and present zone.
D. A vicinity map at a scale approved by the Administrator showing property lines, existing roads and proposed zoning and such other items as the Administrator may require.
E. A statement of how the proposed amendment relates to the Comprehensive Plan and the criteria of the ordinance.
F. Rezone requests for small tracts and/or single ownership tracts must be accompanied by findings that this change will be a continuation of orderly development and be a benefit to community interests. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-4: TRANSMITTAL TO COMMISSION:
Zoning boundary amendments shall be amended in the following manner:
A. Request for an amendment to this title shall be submitted to the commission which shall evaluate the request to determine the extent and nature of the amendment requested. Particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction.
B. If the request is in accordance with the adopted plan, the commission may recommend and the Board shall adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided.
C. If the request submitted to the commission is not in accordance with the adopted plan, the commission may recommend to the Board that they amend the plan. The Board shall only amend the Comprehensive Plan using the notice and hearing procedures provided in chapter 3 of this title. After the Comprehensive Plan has been amended, the ordinance may then be amended as hereinafter provided. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-5: COMMISSION PUBLIC HEARING PROCEDURE:
The commission, prior to recommending a zoning ordinance text amendment to the Board, shall conduct a hearing following the procedures in chapter 3 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-6: RECOMMENDATION BY COMMISSION:
After considering the plan, the extent and nature of the effects of any proposed amendment may have upon the delivery of services by any political subdivision providing services, including school districts and any other evidence presented through the public hearing process, the commission shall make a recommendation to the Board. They may recommend that the amendment be approved, approved with modifications or that the amendment be denied. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-7: ACTION BY BOARD:
A. The Board, prior to adopting, revising or denying an amendment as recommended by the commission, shall conduct a hearing following the procedures as identified in chapter 3 of this title.
B. In the event the Board approves an amendment, such amendment shall thereafter be made a part of this title with passage and publication in the manner required by law.
1. If an amendment to a zoning classification is approved pursuant to a request by a property owner, the Board shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date the Board adopted said individual property owner's request for a zone reclassification change.
2. No property owner shall reapply for a reclassification of any property which has been denied by the Board or resubmit in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such action, unless there is an amendment to the Comprehensive Plan which applies to the specific property under consideration.
3. An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
Bingham County Unincorporated City Zoning Code
CHAPTER 15
AMENDMENTS
10-15-1: AUTHORITY OF BOARD; RECOMMENDATIONS OF COMMISSION:
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Board, after receipt of recommendation thereon from the commission; and being subject to procedures provided by law, may amend, supplement, change or repeal by ordinance the zoning regulations, restrictions and boundaries or classification of property. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-2: INITIATION OF ZONING AMENDMENTS:
Amendments to this title may be initiated in one of the following ways:
A. By adoption of a motion by the commission.
B. By adoption of a motion by the Board.
C. By written petition designating the change desired and the reason therefor, said petition will be forwarded to the commission.
D. By the filing of an application by a property owner of the area proposed to be changed. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-3: CONTENTS OF APPLICATION:
Applications for amendments to this title shall contain the following information:
A. Name, address and phone number of applicant.
B. Proposed text amendment or proposed zone change.
C. Present land use and present zone.
D. A vicinity map at a scale approved by the Administrator showing property lines, existing roads and proposed zoning and such other items as the Administrator may require.
E. A statement of how the proposed amendment relates to the Comprehensive Plan and the criteria of the ordinance.
F. Rezone requests for small tracts and/or single ownership tracts must be accompanied by findings that this change will be a continuation of orderly development and be a benefit to community interests. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-4: TRANSMITTAL TO COMMISSION:
Zoning boundary amendments shall be amended in the following manner:
A. Request for an amendment to this title shall be submitted to the commission which shall evaluate the request to determine the extent and nature of the amendment requested. Particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction.
B. If the request is in accordance with the adopted plan, the commission may recommend and the Board shall adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided.
C. If the request submitted to the commission is not in accordance with the adopted plan, the commission may recommend to the Board that they amend the plan. The Board shall only amend the Comprehensive Plan using the notice and hearing procedures provided in chapter 3 of this title. After the Comprehensive Plan has been amended, the ordinance may then be amended as hereinafter provided. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-5: COMMISSION PUBLIC HEARING PROCEDURE:
The commission, prior to recommending a zoning ordinance text amendment to the Board, shall conduct a hearing following the procedures in chapter 3 of this title. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-6: RECOMMENDATION BY COMMISSION:
After considering the plan, the extent and nature of the effects of any proposed amendment may have upon the delivery of services by any political subdivision providing services, including school districts and any other evidence presented through the public hearing process, the commission shall make a recommendation to the Board. They may recommend that the amendment be approved, approved with modifications or that the amendment be denied. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)
10-15-7: ACTION BY BOARD:
A. The Board, prior to adopting, revising or denying an amendment as recommended by the commission, shall conduct a hearing following the procedures as identified in chapter 3 of this title.
B. In the event the Board approves an amendment, such amendment shall thereafter be made a part of this title with passage and publication in the manner required by law.
1. If an amendment to a zoning classification is approved pursuant to a request by a property owner, the Board shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date the Board adopted said individual property owner's request for a zone reclassification change.
2. No property owner shall reapply for a reclassification of any property which has been denied by the Board or resubmit in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such action, unless there is an amendment to the Comprehensive Plan which applies to the specific property under consideration.
3. An amendment of a zoning ordinance applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)