(1)   Type Of Change: Any person may apply for the following:

      A.    An amendment to the county comprehensive plan and/or map;

      B.    An amendment to this chapter; or

      C.    Amendment to official zoning maps (rezone or conditional rezone). (Ord. 11-003, 3-16-2011)

   (2)   Applications: All applications for the above changes or amendments shall be filed with DSD. An application must be accompanied by a filing fee as established by the adopted fee schedule. Applications shall contain all required information.

   (3)   Comprehensive Plan Changes: Requests for comprehensive plan changes and ordinance amendments may be consolidated for notice and hearing purposes. Although these procedures can be considered in tandem, pursuant to Idaho Code section 67-6511(b), the commission, and subsequently the board, shall deliberate first on the proposed amendment to the comprehensive plan; then, once the commission, and subsequently the board, has made that determination, the commission, and the board, should decide the appropriateness of a rezone within that area. This procedure provides that the commission, and subsequently the board, considers the overall development scheme of the county prior to consideration of individual requests for amendments to zoning ordinances. The commission, and subsequently the board, should make clear which of its findings relate to the proposed amendment to the comprehensive plan and which of its findings relate to the request for an amendment to the zoning ordinance.

   (4)   Zoning Ordinance Changes:

      A.    If an amendment to the ordinance text is approved, then the approved changes shall be effective in accordance with time requirements of Idaho Code sections 31-715 and 31-715A. The board shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other evidence gathered through the public hearing process.

      B.    If an amendment to a zone or zone boundary is approved, then the approved amendment shall be effective immediately upon written approval and shall be established and clearly indicated, as soon as practicable, on the zoning map or maps adopted as part of this chapter. The board shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other evidence gathered through the public hearing process. (Ord. 10-006, 8-16-2010)

   (1)   The commission shall review the particular facts and circumstances of each proposed comprehensive plan amendment and make a recommendation regarding the same to the board. The commission and the board shall determine whether the proposed amendment meets the requirements of the local land use planning act, Idaho Code title 67, chapter 65, and is consistent with the comprehensive plan's purposes, goals and policies:

      A.    Is the requested type of growth generally in conformance with the comprehensive plan;

      B.    When considering the surrounding land uses, is the proposed land use more appropriate than the current comprehensive plan designation;

      C.    Is the proposed comprehensive plan amendment compatible with surrounding land uses;

      D.    Do development trends in the general area indicate that the current designation and circumstances have changed since the comprehensive plan was adopted; and

      E.    Will the proposed comprehensive plan amendment impact public services and facilities. What measures will be implemented to mitigate impacts? (Ord. 11-003, 3-16-2011)

   (1)   The commission shall review the particular facts and circumstances of each proposed zoning amendment and make a recommendation regarding the same to the board. The presiding party shall make its review in terms of the following standards and shall find adequate evidence regarding the following criteria when evaluating the proposed zoning district boundary amendment:

      A.    Is the proposed zone change generally consistent with the comprehensive plan;

      B.    When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation;

      C.    Is the proposed zoning map amendment compatible with surrounding land uses;

      D.    Will the proposed zoning map amendment negatively affect the character of the area? What measures will be implemented to mitigate impacts?

      E.    Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed zoning map amendment;

      F.    Does legal access to the subject property for the zoning map amendment exist or will it exist at the time of development;

      G.    Does the proposed zoning map amendment require public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns created by the proposed development? What measures have been taken to mitigate road improvements or traffic impacts; and

      H.    Will the proposed zoning map amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? (Ord. 16-007, 6-20-2016)

   (1)   Restrictions: In approving a conditional rezone application, the presiding party may establish conditions, stipulations, restrictions, or limitations which restrict and limit the use of the rezoned property to less than the full use allowed under the requested zone, and which impose specific property improvement and maintenance requirements upon the requested land use. Such conditions, stipulations, restrictions or limitations may be imposed to promote the public health, safety and welfare, or to reduce any potential damage, hazard, nuisance or other detriment to persons or property in the vicinity to make the land use more compatible with neighboring land uses. When the presiding party finds that such conditions, stipulations, restrictions or limitations are necessary, land may be rezoned upon condition that if the land is not used as approved, or if an approved use ends, the land use will revert back to the zone applicable to the land immediately prior to the conditional rezone action.

   (2)   Development Agreement: Any condition, stipulation, restriction or limitation imposed pursuant to this article shall be incorporated as part of any site plan, plat, document of title of conveyance and building permit relating to the restricted land. Any predevelopment condition, stipulation, restriction or limitation imposed pursuant to this subsection shall be verified as being met prior to the issuance of any building permit. The applicant must execute a written development agreement to implement and be bound by any such condition, stipulation, restriction, or limitation. No final conditional rezone action shall be taken until such development agreement is recorded in the office of the county recorder. The development agreement shall have the effect and impact provided by Idaho Code section 67-6511A. (Ord. 10-006, 8-16-2010)

   (3)   Conditional Rezoning Designation: Such restricted land shall be designated by a CR (conditional rezoning) on the official zoning map upon approval of a resolution by the board for an "order of intent to rezone". An "order of intent to rezone" shall be submitted to the board for approval once the specific use has commenced on the property and all required conditions of approval have been met and any required improvements are in place. Land uses that require approval of a subdivision shall have an approved final plat in accordance with this chapter before the "order of intent to rezone" is submitted for approval by the board. Designation of a parcel as CR shall not constitute "spot" zoning and shall not be presumptive proof that the zoning of other property adjacent to or in the vicinity of the conditionally rezoned property should be rezoned the same.

   (4)   Time Requirements: All conditional rezones for a land use shall commence (see definition of "commence", section 07-02-03: of this chapter) within two (2) years of the approval of the board. If the conditional rezone has not commenced within the stated time requirement, the application for a conditional rezone shall lapse and become void. All subsequent developments on the property shall reapply for land use approval.

   (5)   Notice That Conditional Rezone Conditions Not Being Met: If any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the director, to establish that the rezone conditions have not been met, or that a use approved by conditional rezoning has been abandoned or has ended, the commission shall notice a public hearing pursuant to article 5 of this chapter, said hearing to be conducted pursuant to article 5 of this chapter. The burden of proof at such hearing shall be on the person who filed the notice. If the commission finds that the rezone conditions are not being followed or that the use approved by conditional rezoning has ended, it may recommend to the board a time schedule for compliance or may recommend that the board order the zone to revert back to the zone from which the property was conditionally rezoned, as provided by subsection (7)I of this section. (Ord. 11-003, 3-16-2011)

   (6)   Conditional Rezone Approval:

      A.    Standards Of Evaluation: The presiding party shall review the particular facts and circumstances of the proposed conditional rezone. The presiding party shall apply the following standards when evaluating the proposed conditional rezone:

         1.    Is the proposed conditional rezone generally consistent with the comprehensive plan;

         2.    When considering the surrounding land uses, is the proposed conditional rezone more appropriate than the current zoning designation;

         3.    Is the proposed conditional rezone compatible with surrounding land uses;

         4.    Will the proposed conditional rezone negatively affect the character of the area? What measures will be implemented to mitigate impacts?

         5.    Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate proposed conditional rezone;

         6.    Does the proposed conditional rezone require public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns? What measures have been taken to mitigate traffic impacts?

         7.    Does legal access to the subject property for the conditional rezone exist or will it exist at time of development; and

         8.    Will the proposed conditional rezone amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? (Ord. 16-007, 6-20-2016)

      B.    Conditions Must Be Met: If the commission recommends and the board approves such order of preliminary rezoning, the order shall include any conditions, stipulations, restrictions or limitations which the commission recommends and the board finds are necessary to the public health, safety and welfare. Such conditions, stipulations, restrictions or limitations must be met before the "order of intent to rezone" is issued. The development agreement must be signed and recorded before final approval is given.

      C.    Conditions Incorporated Into Document: Any conditions, stipulations, restrictions or limitations imposed pursuant to this section shall be incorporated as part of any site plan, plat, document of title of conveyance, and building permit relating to the restricted land.

   (7)   Provisions Governing The Creation, Form, Recording, Modification, Enforcement And Termination Of A Development Agreement:

      A.    Creation Of Development Agreement: The county may enter into a development agreement with a developer for the development of real property in accordance with these rules and the board's FCOs following a public land use hearing; provided that the development agreement shall:

         1.    Describe the land subject to the development agreement;

         2.    Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

         3.    Specify any ongoing performance of owner or developer and the consequence for any owner's or developer's noncompliance therewith;

         4.    Provide, where appropriate, for reservation or dedication of land for public purposes;

         5.    State that the development agreement shall not prevent the county, in subsequent actions applicable to the property, from applying new rules, regulations or policies that do not conflict with development agreements applicable to the property as set forth in the agreement;

         6.    Provide that the director shall administer the development agreements after such agreements become effective;

         7.    Provide that the director shall conduct a review of compliance with the terms and conditions of the development agreement on a periodic basis as established by the development agreement; and

         8.    Provide that a development agreement must be approved by the board, upon recommendation of the commission, which recommendation may be accepted, modified or rejected. A preliminary conditional rezoning approval becomes final when the conditions set forth in the recorded development agreement have been fully met by the developer as determined by the director, in the exercise of the director's discretion including, but not limited to, unforeseen circumstances.

      B.    Development Agreement Duration: The development agreement shall run with the land and bind the property, only as in accordance with law, and shall inure to the benefit of and be enforceable by the parties, and any of their respective legal representatives, heirs, successors and assignees.

      C.    Subject Matter: The development agreement may also cover any other matter not inconsistent with this chapter, which is reasonably related to the project, and not prohibited by law.

      D.    Parties: In addition to the county and developer, any federal, state or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to a development agreement, the development agreement shall specify which agency shall be responsible for the overall administration of the development agreement.

      E.    Form Of Development Agreements: Development agreements shall include, in the board's discretion, but not be limited to, a clear statement of the intent of the parties in regard to entering the agreement, necessary real property descriptions, schedules and exhibits, a detailed statement regarding the development of the property, and periodic review, as established by the development agreement. The development agreement shall address the requirements and conditions for conditional rezoning approval and shall be accompanied by, or include, a statement necessitating the need for a development agreement.

      F.    Modification Of Development Agreements: A development agreement by a developer concerning the use or development of the subject parcel may be modified only by permission of the board after complying with the notice and hearing provisions of Idaho Code section 67-6509. The modification proposal must be in the form of a revised development agreement and must be accompanied by a statement demonstrating the necessity for the requested modification.

      G.    Recording Of Development Agreements: Development agreements or amended development agreements shall be recorded by the director in the office of the county recorder and shall take effect upon the adoption by the board. The director shall provide a copy of the recorded development agreement or amended development agreement to the prosecuting attorney and to the developer. Should a development agreement be terminated by the county, and the zoning designation upon which the use is based is reversed, a document authorizing such termination and zoning reversal shall be recorded by the director in the office of the county recorder and supplied to the same parties noted above.

      H.    Enforcement Of Development Agreements:

         1.    Unless terminated pursuant to subsection (7)I of this section, a development agreement, amended development agreement, or modified development agreement, shall be enforceable by any party thereto, or their successors in interest, notwithstanding any subsequent change in any applicable law adopted by the county which alters or amends the laws, ordinances, resolutions, rules, or policies (hereafter referred to as "laws") specified in this section.

         2.    All laws governing permitted uses of the land that is the subject of the development agreement, including, but not limited to, uses, density, design, height, size, and building specifications of proposed buildings, construction standards and specifications, and water utilization requirements applicable to the development of the property subject to a development agreement, shall be those laws made applicable and in force at the time of execution of the development agreement, notwithstanding any subsequent change in any applicable laws adopted by the county, which alter or amend the laws specified in this section. Such subsequent change shall be void as applied to the property subject to such development agreement to the extent that it changes any laws which any party to the development agreement has agreed to maintain in force as written at the time of execution; provided that a development agreement shall not prevent the board from requiring the developer to comply with laws of general applicability enacted subsequent to the date of the development agreement, if they could have been lawfully applied to the property which is the subject of the development agreement at the time of execution of the development agreement, provided the board finds it necessary to impose the requirements because a failure to do so would place the residents of a subdivision or of the immediate community, or both, in a condition perilous to the residents' health or safety, or both.

      I.    Termination Of Development Agreements:

         1.    A development agreement may be terminated and the zoning designation upon which the use is based reversed, upon the failure of the developer to comply with the provisions in the development agreement. The developer shall comply with the requirements set forth in the development agreement. A development agreement may be terminated only after complying with the notice and hearing provisions of Idaho Code section 67-6509.

         2.    If, as a result of a periodic review, the director finds and determines that the developer has committed a breach of the terms or conditions of the development agreement, the director shall serve notice in writing, within a reasonable time period after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and provide a reasonable time period in which to cure such material breach. If the developer fails to cure the breach within the time period given, the county may terminate or modify the development agreement only after complying with the notice and hearing provisions of Idaho Code section 67-6509 and subsection (5) of this section.

   (8)   Final Rezoning Approval ("Order Of Intent To Rezone"): A conditional rezoning approval becomes final when the conditions set forth in the development agreement have been fully met by the developer. Such approval shall be in the form of a board action known as an "order of intent to rezone", and the property shall be designated by a CR mark on the official zoning map so that persons using the map will be put on notice. Building permits may not be issued until the "order of intent to rezone" is approved by the board and recorded in the county recorder's office by the developer. (Ord. 10-006, 8-16-2010; amd. Ord. 11-003, 3-16-2011)