Any person may submit an application for a reclassification of the zoning district to which property is subject, with or without a development agreement, provided such person is the owner of the property or possesses a legally binding option to purchase such property. Any such application shall be governed by the provisions of this chapter. The commission or the board may initiate amendments effecting a reclassification or rezone of property pursuant to the provisions of chapter 31 of this title.

Reclassifying to an inactive zoning district (i.e., R-.4 and R-1/4) is not permitted. (Ord. 2006-15, 10-26-2006; Ord. 98-3, 4-13-1998; Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Form And Content: Any person seeking a reclassification or a reclassification with a development agreement shall apply to the commission on a form provided by the administrator, accompanied by the fees in section 9-3-9 of this title.

      1.   Reclassification: An application for a reclassification shall include:

         a.   A vicinity map showing the lots and parcels on the property in question, on all property within three hundred feet (300') of the exterior boundaries of the property in question and any additional area, as determined by the commission, that may be impacted by the proposed change; and

         b.   A list of names and addresses of the owners of each parcel required to be included on the vicinity map.

         c.   When the area to be rezoned is located within a wellhead protection area, the applicant for a rezone shall identify on a map the ten (10) year, six (6) year, three (3) year time of travel zone of the public water system in which the property is located, and all potable water sources within three hundred feet (300') of the boundary of the property being considered.

         d.   When the proposed zoning district allows permitted or accessory uses that may involve a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area, the applicant shall solicit and document the request for written agency comment from Idaho department of environmental quality, and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, if this is determined by the administrator to be necessary before the application is certified as complete and scheduled for public hearing.

      2.   Reclassification With Development Agreement: An application for a reclassification with a development agreement shall include:

         a.   The name, address and phone number of the applicant(s);

         b.   The present and proposed land use including roadways;

         c.   The present and proposed zoning and overlay districts;

         d.   A vicinity map showing the lots and parcels on the property in question, all property within three hundred feet (300') of the exterior boundaries of the property in question and any additional area, as determined by the commission, that may be impacted by the proposed change;

         e.   A list of names and mailing addresses of the owners of each parcel required to be included on the vicinity map and the name and mailing address of any affected potable water source owner;

         f.   A proposed site plan showing at a minimum:

            (1)   Property lines, scale and north arrow;

            (2)   Location and width of rights of way, easements, canals and ditches;

            (3)   Building locations;

            (4)   Traffic access and circulation;

            (5)   Parking, loading and snow removal areas;

            (6)   Open space and landscaping;

            (7)   Existing and proposed grade(s);

            (8)   Refuse and service areas;

            (9)   Utilities and signs;

            (10)   Rendering of building exteriors; and

            (11)   Any additional materials the administrator considers necessary such as those set forth in subsection 10-4-3F and section 10-6-10 of this code.

         g.   A list of required permits;

         h.   The phasing of the project, time of commencement and completion;

         i.   The phasing of supporting public facilities;

         j.   A statement setting out how the public would benefit from the project; and

         k.   When the area to be rezoned is located within a wellhead protection area, the applicant shall identify the ten (10) year, six (6) year, three (3) year time of travel zone of the public water system in which the property is located, and all potable water sources within three hundred feet (300') of the boundary of the property being considered. The applicant shall also identify proposed uses that may involve a potential contaminant source or potential contaminant as set forth in appendix A attached to the ordinance codified herein, on file in the county. The applicant shall solicit and document the request for written agency comment from Idaho department of environmental quality, and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of the public water systems located within the wellhead protection area, if this is determined by the administrator to be necessary before the application is certified as complete and scheduled for public hearing.

         l.   Such other information that the administrator considers necessary.

   B.   Screening: In granting rezone applications for light industrial and commercial uses, the board shall require the zones to be visually screened. The cost of the screening is to be borne by the individual(s) obtaining the rezone.

   C.   Additional Information For Light Industrial Zoning: Prior to any consideration of a rezone application for light industrial zoning, the board shall require the following information:

      1.   A statement describing how the proposed light industrial area will provide expanded employment opportunities in the county.

      2.   Information tending to show that the economic benefit of a proposed light industrial area will outweigh the cost of providing services to the area concerned at taxpayer expense.

      3.   Information tending to show that additional light industrial lands are necessary in light of the unavailability of sufficient land zoned for light industrial uses located either in incorporated or unincorporated areas of the county.

      4.   A statement describing detrimental and/or beneficial impacts on existing adjacent lands and uses.

      5.   Design plan which shows:

         a.   Existence of natural screening, or the provision of reasonable alternatives, to give separation of the proposed light industrial use from surrounding existing uses. The cost of the screening is to be borne by the individual(s) obtaining the industrial rezone.

         b.   Employee and service traffic flow to and within the proposed light industrial area, and the parking facilities to be provided on site.

         c.   Location of utilities (water, sewer, gas and electricity).

         d.   Proposed layout of building(s), including lot coverage and building area.

         e.   Plans for snow removal. (Ord. 2006-13, 10-26-2006; Ord. 94-2, 4-4-1994; Ord. 92-3, 5-11-1992; Ord. 81-3, 8-24-1981; Ord. 79-4, 9-11-1979; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Hearing Date: Once the administrator certifies that an application for reclassification of a zoning district is complete, and allowing sufficient time to conduct a site visit and write staff reports, the administrator shall schedule the application to be heard by the commission at the next available regular commission meeting date for which public notice requirements can be met. If a hearing before the commission cannot otherwise be held during a regularly scheduled commission meeting within one hundred eighty (180) days of certification, the administrator shall call a special commission meeting, to be held not more than three (3) weeks after the end of the one hundred eighty (180) days, to hear the application.

   B.   Publication Of Notice: Notice of the time, date and place of the hearing, and a summary of the proposal shall be given by one publication in a newspaper of general circulation in the county at least fifteen (15) days prior to the hearing. The commission shall also make available a notice to other newspapers, radio and television stations serving the county for use as a public service announcement. Notice of the proposed amendment shall be sent to all political subdivisions providing services within the county, including school districts, at least fifteen (15) days prior to the public hearing scheduled by the commission.

   C.   Mailing Of Notice: The administrator shall also give notice by United States mail to each property owner or purchaser of record within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered, and within any additional area that may be impacted by the proposed change as determined by the commission, giving the time, date and the place of the hearing, the relief or other action sought by the applicant, and an identification of the property under consideration. The applicant is responsible for providing the administrator a list of the names and addresses of property owners and purchasers of record within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered. When the land being considered is located in a wellhead protection area, the name and address and mailing label(s) shall be provided for all affected potable water source owners.

   D.   Posting Of Notice: Notice shall also be posted on the land being considered as provided by chapter 31 of this title.

   E.   Alternative Forms Of Notice: When notice is required to two hundred (200) or more property owners or purchasers of record for reclassification of the zoning district to which property is subject under this chapter, alternative forms of notice in lieu of posted or mailed notice may be provided as set forth in chapter 31 of this title.

   F.   Continuance Of Hearing: In any public hearing on a reclassification of the zoning district to which property is subject, the commission may order the hearing to be continued. If during any such public hearing the hearing is continued to a specific date, time and place within thirty one (31) days, no further published notice shall be required. (Ord. 2006-13, 10-26-2006; Ord. 98-3, 4-13-1998; Ord. 95-2, 3-6-1995; Ord. 94-2, 4-4-1994; Ord. 92-3, 5-11-1992; Ord. 81-3, 8-24-1981; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   In acting upon an application for a reclassification or a reclassification with a development agreement, the commission shall first determine whether the proposal is in accordance with the comprehensive plan text and map.

   B.   If the application is determined to be in accordance with the comprehensive plan text and map, the board shall then consider, at least, the following criteria:

      1.   Accuracy: Whether there was a mistake in the original zoning, or a map amendment to the MOD is warranted under subsection B11 of this section.

      2.   Change: Whether there has been a change in the surrounding neighborhood since the existing zoning was adopted.

      3.   Special Planning Area: Whether this or any adjoining property has been designated a special planning area on the county zoning map.

      4.   Effect On Public: To what extent the public health, safety, or general welfare may be adversely affected by the reclassification.

      5.   Conformity: Whether present zoning classifications are in conformity with existing uses of adjacent property.

      6.   Availability Of Services: Whether central water and sewer services are available.

      7.   Map Amendment Satisfied: Whether the relevant sections of chapter 31 of this title regarding a map amendment have been satisfied.

      8.   Development Agreement: Whether a development agreement that includes stricter regulations than those applicable to the proposed zoning district generally should be required as a condition of rezoning the subject parcel. See section 9-26-8 of this chapter for the additional requirements that apply to a reclassification with a development agreement.

      9.   Location Of Rezone: When the rezone is located within a wellhead protection area, it may only be granted if best management practices will be taken to mitigate the risk of contamination of public water systems and potable water sources.

      10.   Light Industrial District Rezones: Additional criteria for proposed light industrial rezones, unless satisfactorily addressed by a development agreement, shall include, but are not necessarily limited to, the following:

         a.   Before approving any rezone application for a light industrial zone, the board shall find that the following required standards are met:

            (1)   Maintenance of the Highway 75 view corridor by not allowing industrial rezones within one thousand feet (1,000') of the Highway 75 right of way except when they are to be located adjacent and contiguous to an existing light industrial zone in or adjacent to the cities. In situations where the topography indicates that a smaller setback will ensure maintenance of the view corridor, reasonable flexibility may be allowed.

            (2)   Allowance of only one access off of Highway 75.

            (3)   Location of the property outside identified hazard areas such as floodplain or avalanche zones with the exception of the airport vicinity overlay district.

            (4)   Existence of natural screening or the provision of reasonable alternatives to give separation from existing uses.

            (5)   Minimum size of area to be rezoned is ten (10) acres, unless it is to be located adjacent and contiguous to an existing light industrial zone in or adjacent to the cities.

            (6)   Location of the proposed light industrial area outside of land zoned as A-20 or A-40 (productive agriculture).

         b.   In considering any rezone application for a light industrial zone, the board shall consider the following factors as favoring the application:

            (1)   Utilization or substitution of an existing access off of Highway 75.

            (2)   Location adjacent to existing industrial uses in the cities.

            (3)   Accessibility of proposed area to employee and product transportation lines.

            (4)   Provision of expanded employment opportunities in the county.

            (5)   Be economically beneficial to the county when compared to the cost of county services needed.

         c.   In considering any rezone application for a light industrial zone, the board shall consider the following factors as being unfavorable to the application:

            (1)   Utilization of residential accesses to serve the industrial area.

            (2)   Location of the proposed industrial area outside of and not adjacent to any incorporated or unincorporated town sites.

      11.   Mountain Overlay District (MOD) Rezones: Boundary modifications are of a topographic nature and therefore may impact more than one parcel or an area greater than identified in the current application. In addition to considering the general rezone standards set forth above in this section, before approving any rezone application for the mountain overlay district (including any land in the SC1), with or without a development agreement and after a site visit and a review of all pertinent materials, the board shall find that each of the following required standards are met:

         a.   The rezone is in accordance with the intent and purposes of the MOD regulations described in chapter 21 of this title; and

         b.   The rezone consists of one of the following:

            (1)   All land of less than twenty five percent (25%) slope contiguous to land outside of MOD where the MOD boundary was created by slopes falling within the floodplain overlay or riparian setback district, or the bank of a river or stream named in the national hydrography data set attached as exhibit AA, dated July 8, 2010, to the ordinance codified herein, or

            (2)   All land of less than twenty five percent (25%) slope contiguous to land outside of MOD where the MOD boundary was exclusively created by the isolated artificial slopes falling within the right of way or thirty feet (30') from the centerline of a manmade road cut; or

            (3)   All land of less than twenty five percent (25%) slope contiguous to land outside of MOD, within a discrete drainage, traversed by a dedicated, paved and accepted county road or a road designated as eligible for improvement under a county approved master plan.

      12.   Standards And Criteria: If the applicant or landowner with respect to an application for a rezone under this chapter is the state of Idaho, or any agency, board, department, institution, or district thereof, the commission or the board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the state, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528. (Ord. 2011-01, 1-18-2011; Ord. 2010-10, 12-7-2010; Ord. 2006-13, 10-26-2006; Ord. 2006-08, 6-29-2006; Ord. 2001-03, 3-19-2001; Ord. 94-2, 4-4-1994; Ord. 81-3, 8-24-1981; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Entry Of Order: The commission shall enter an order recommending for or against the application within fifteen (15) days after conclusion of the public hearing, together with the reasons therefor.

   B.   Expansion Of Boundaries; Second Hearing: The commission shall have the option to recommend the expansion of the boundaries of any application to the board after the initial public hearing. In such a case, a second public hearing must be held to consider the revised boundaries, after giving public notice in the same manner prescribed above.

   C.   Notice Of Second Hearing: In such case, the administrator shall determine the names and addresses of the owners of each parcel of land within three hundred feet (300') of the amplified boundaries and notify them by United States mail of the upcoming hearing. (Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Notice Of Recommendation: The administrator shall give the applicant written notice of the commission's recommendation by certified mail within ten (10) days after the commission has reached a decision.

   B.   Filing Of Recommendation: The administrator shall file the commission's written recommendation with the county clerk within ten (10) days after such recommendation has been made. (Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Schedule Public Hearing: After receipt of the commission's recommendation, the board shall schedule at its earliest convenience a public hearing that complies with the requirements of section 9-26-3 of this chapter.

   B.   Adoption Of Motion: The board shall adopt a motion with written findings approving, disapproving or modifying the commission recommendation. If the board decides to modify the commission recommendation after the public hearing, it shall follow the procedure set out in subsection 9-26-5B of this chapter. (Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

Pursuant to Idaho Code section 67-6511A, the additional requirements of this section shall apply to any written agreements between the county and an owner or an owner's authorized agent made as a condition of reclassifying a specific parcel of property; and furthermore, compliance with these additional requirements does not obligate the commission to recommend or the board to adopt any reclassification proposal. Nothing in this section shall be construed as relieving any property which is subject to a development agreement from complete compliance with all other applicable permit and code requirements.

   A.   Standards Of Review: In addition to the criteria set forth in section 9-26-4 of this chapter, the commission shall determine whether the application for a reclassification with a development agreement:

      1.   Is compatible with the uses authorized in, and the regulations prescribed for, the proposed zoning district;

      2.   Is compatible with surrounding zoning districts, or whether reasonable conditions can sufficiently mitigate any incompatible use;

      3.   Will not adversely impact public services such as fire, water, sewer, police, schools, transportation, or other entities; or whether exaction/impact requirements need to be added beyond those required by any other applicable county ordinances;

      4.   Will not adversely impact the orderly development of land;

      5.   Complies, to the extent applicable, with title 10, chapters 4, "Procedure For Approval And Plat Contents", and 6, "Planned Unit Developments", of this code;

   B.   Agreement Terms, Conditions Or Obligations: In acting upon an application for a reclassification with a development agreement, the commission may require any additional term, condition or obligation it deems reasonable to address the specific circumstances of the application, the standards in section 9-26-4 of this chapter and subsection A of this section, or the general purposes of this title.

   C.   Recording Of Development Agreements: At the applicant's expense, an approved development agreement or any subsequent modification shall be recorded in the Blaine County recorder's office. Proof of recording must be submitted by the applicant prior to finalizing any rezoning decision. All the development agreement terms, conditions, duties, or any modifications shall run with the land and shall bind each owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property.

   D.   Modification Of Development Agreements:

      1.   Any proposal to modify a development agreement shall require a public hearing that complies with the hearing and notice requirements set out in section 9-26-3 of this chapter; and

      2.   Except as provided in subsection E of this section, a zoning classification adopted pursuant to a request by a property owner shall not be changed for a period of four (4) years without the consent in writing of the current property owner.

      3.   Subject to subsection D2 of this section, the county may initiate a development agreement modification if it can demonstrate that:

         a.   Subsequent applicable legislation is essential to protect the health, safety and welfare of the public;

         b.   Relevant circumstances have changed materially since the development agreement was executed;

         c.   The development agreement was based on materially inaccurate information; or

         d.   The property owner or their authorized agent has failed to comply with any development agreement term, condition or duty.

      4.   Any major modification, as determined by the planning director, shall require a public hearing by the commission and the board. A minor modification shall require a public hearing only by the board.

   E.   Enforcement Or Termination Of Development Agreements: The county shall periodically review a project through completion to ensure compliance with the terms of the development agreement. If it appears that there is a breach of any term of the agreement, the county has the option of enforcing the terms of the agreement or seeking termination of the agreement. The county shall recover from the property owner any engineering or professional service costs necessary to complete this review and any costs associated with an enforcement or termination action.

      1.   Enforcement Of Development Agreements: The county may enforce a development agreement by any means appropriate at law or in equity, including, but not limited to, specific enforcement, injunctive relief, damages for violation of this chapter.

      2.   Termination Of Development Agreements: The board, after a public hearing that complies with the notice and hearing requirements, may terminate a development agreement when a party fails to comply with any of its terms, conditions, or obligations. Failure to comply with the terms, conditions or obligations of a development agreement shall be deemed consent to rezone the land back to the preexisting zone. Only those uses in the original zoning district shall be allowed to continue so long as the conditions of approval in the original zoning district are satisfied. (Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

No application for the reclassification of a piece of property which has been denied by the board or withdrawn by the applicant shall be resubmitted in less than one year from the date of final action thereon. (Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)