Conditional zoning development agreements are a discretionary tool that may be used by the board as a condition of rezoning. Conditional zoning development agreements allow a specific project with a specific use to be developed on one or more parcels located in an area that is not currently zoned for the proposed uses. (Ord. 668, 5-11-2022)

An agreement may be initiated with the consent of the applicant for the rezoning of a particular parcel of land or collection of parcels of land through the following methods:

   A.   On application by the applicant;

   B.   By recommendation of the director;

   C.   By recommendation of the Zoning Commission or a Hearing Examiner; or

   D.   As required by the board. (Ord. 668, 5-11-2022)

   A.   In the event that a hearing body finds that a conditional zoning development agreement should be entered into, the hearing body shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of a proposed agreement. The hearing body shall then proceed as specified herein.

   B.   In the event of a determination by the board that an agreement should be entered into, the board may remand the matter to the hearing body to set a time limit for submittal of a proposed agreement. The hearing body shall then proceed as specified in this article. (Ord. 668, 5-11-2022)

In the event of findings by the hearing body, or by requirement of the board to submit an agreement, all time limits required by the provisions of Idaho Code or this title may be stayed, modified, or extended upon affirmative decision of the hearing body or vote of the board. The hearing body or the board may establish time limits for submittal of a proposed agreement. Failure by the applicant to comply with such time limits may be deemed to constitute just cause for termination of conditional zoning development agreement proceedings and denial of the zone change application. (Ord. 668, 5-11-2022)

An agreement shall be in the form required by the director. No agreement shall be accepted by the department which does not include the following:

   A.   The legal name, title and addresses of the applicant, property owner and/or others with a direct vested interest in the conditional zoning development agreement and rezone request.

   B.   A legal description of the property that is subject of the rezone request. Such legal description must be acceptable to the county.

   C.   An affidavit by the owner of the parcel agreeing to submission of the use and property for an agreement upon the adoption of an order by the board approving the requested rezone of the subject parcel.

   D.   The current use of the property for which the conditional zoning development agreement is sought.

   E.   The proposed specific use of the property for which the conditional zoning development agreement is sought and an explanation of how the proposed use is permitted or conditionally permitted in the zone for which application has been made.

   F.   A project summary report, which shall include:

      1.   A narrative description of the proposed density, amenities, improvements or other uses sought, including, but not limited to: height, setbacks, size, and location of all proposed structures or activities on the property.

      2.   The estimated time of start and completion of all proposed development activities. This may be simplified by devising a time line that splits development activities into phases.

      3.   Plans for use and reuse of property after proposed project completion.

      4.   A narrative description of physical and environmental effects, constraints, or limitations of the proposed development, including infrastructure demands, and proposals for mitigation of identified physical and environmental effects, constraints or limitations.

      5.   Economic benefits gained or lost from proposed development.

      6.   Conceptual site plans, with some representation of scale showing the approximate location of any proposed structures, perimeter buffer treatment (as required), road improvements, conceptual drainage strategy, and other proposed usage information. Exhibits on general soil types, topography, slope, vegetation, drainages, and other pertinent land characteristics may also be required.

   G.   Signed letters of application, approval, or preapproval from any applicable federal, state, or local agencies involved in the permitting process for the specific use proposed. Letters shall include any written agreements made with agencies to perform specific action. If letters of application, approval, or preapproval are not provided, acknowledgment and consent to comply with all applicable federal, state and local laws, rules, regulations, and standards shall be substituted.

   H.   A statement by the owner of the property that failure to comply with the commitments in the agreement shall be deemed consent to rezone the property to the preexisting zone. Rezoning of the subject parcel will occur at the time of termination of the agreement and shall comply with the notice and hearing procedures set forth in section 67-6509, Idaho Code. The costs of such rezone shall be paid by the applicant, owner and/or developer.

   I.   Signatures of all applicants, owners, developers, or lawfully authorized agents, shall be notarized, and in the case of lawfully authorized agents, properly executed powers of attorney in a form acceptable to the county's legal counsel shall be presented to the director and shall be made part of the agreement.

   J.   A clause that the commitment shall run with the land and be binding on the heirs, assigns, and successors in interest of the owner and/or developer.

   K.   Any other matter mutually agreeable to the parties. This may include, but is not limited to, performance bonding or other fiscal guarantees. (Ord. 668, 5-11-2022)

The board may require an agreement to be executed to allow a rezone in order to ensure implementation of the project as represented by the applicant and to promote the general health, safety, comfort, convenience, and welfare of the citizens of Bonner County. A conditional zoning development agreement shall not allow a use of the property that is not a permitted use (whether of right or with the appropriate permit) in the zone requested.

   A.   Conditional zoning development agreements may be recommended for approval by the hearing body, and may be approved by the board, only after public hearings complying with the notice and hearing procedures set forth in section 67- 6509, Idaho Code and subchapter 2.1 of this title.

   B.   The hearing body may recommend, and the board may add, conditions, terms, duties or obligations to the development agreement. (Ord. 668, 5-11-2022)

Following approval of a conditional zoning development agreement and adoption of a companion ordinance rezoning the subject property by the board, the agreement shall be recorded in the office of the county recorder at the expense of the property owner or applicant. The recorded agreement shall take effect and be in force upon adoption of the approval order or publication of the ordinance rezoning the subject property, whichever occurs later. The agreement, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered to be continuing obligations of the owner, all subsequent owners and any other person acquiring an interest in the property. (Ord. 668, 5-11-2022)

Any owner, subsequent owner, and any other person acquiring an interest in property that is restricted by an agreement adopted pursuant to this chapter, shall comply with all terms, conditions, obligations and duties contained in the agreement. (Ord. 668, 5-11-2022)

   A.   No substantial modification of an agreement may be made without approval of the board unless the modification is required by changes in state or federal laws, rules, or regulations. An agreement may be modified by the board without a public hearing only upon an affirmative recommendation from the hearing body that the proposed modification is not a substantial change to the terms and conditions of the agreement, or that the modification is required by changes in state or federal laws, rules, or regulations.

   B.   After recordation of a conditional zoning development agreement, any party bound by the agreement may seek to modify the agreement. Requests for modification of a conditional zoning development agreement shall comply with the procedures set forth in this article, and may also follow any procedures contained in the original agreement which are consistent with those set forth in this article. The hearing body may recommend to the board, and the board may approve, a substantial modification of a previously adopted agreement based upon the following criteria:

      1.   A public hearing is held which complies with the notice and hearing procedures set forth in section 67-6509, Idaho Code and subchapter 2.1 of this title.

      2.   A finding that the circumstances surrounding the agreement currently in effect have changed and that the proposed modification will:

         a.   Preserve the enjoyment of a substantial property right of the owner;

         b.   Not be detrimental to the public welfare; and

         c.   Not be injurious to other property in the surrounding neighborhood. (Ord. 668, 5-11-2022)

   A.   A conditional zoning development agreement may be terminated by the board without the consent of the breaching party for failure to comply with any term, condition, obligation or duty contained in the agreement. Such termination shall take place after a public hearing on the termination, at which time testimony shall be taken to establish noncompliance with the agreement. The public hearing shall comply with the notice and hearing procedures set forth in section 67-6509, Idaho Code and subchapter 2.1 of this title.

   B.   A conditional zoning development agreement may contain termination procedures, including, without limitation, notification of the persons bound by the agreement of the alleged violation and establishing a reasonable time to remedy the violation prior to the initiation of termination proceedings.

   C.   Upon termination of the agreement, the property which was the subject of the agreement shall revert to the zone applicable as of the date of submittal of the rezone request which resulted in the adoption of the agreement. If no such zone then exists, the zone then in effect which most closely conforms to the characteristics and requirements of the prior existing zone, as determined by the director, shall apply. At that time, all uses of the property which are not permitted within the subsequently applied zone following termination of the agreement shall immediately cease. The property owner may apply for the appropriate permit for any use that is permitted within the subsequently applied zone upon approval of such permit.

   D.   A conditional zoning development agreement shall stipulate that the costs incurred to rezone the property upon termination of the agreement be paid by the applicant, owner and/or developer of the property. (Ord. 668, 5-11-2022)

Conditional zoning development agreements may be enforced by the county through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, or damages for violation of any provision of this article or of any agreement approved pursuant to the provisions of this article. The foregoing enforcement options available to the county shall not be deemed exclusive. (Ord. 668, 5-11-2022)