Donnelly City Zoning Code
CHAPTER 18
55 UNIFIED DEVELOPMENT CODE AMENDMENTS
§ 18.55.010 Processing Unified Development Code amendments.
C.
Whenever the public necessity, convenience, general welfare or good planning practices require, the council may, by ordinance, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property enumerated in this title.
D.
When a property is proposed for annexation, the procedures herein shall be followed for consideration of approval of a city zoning district, or zoning districts, for the subject property.
E.
The city council shall evaluate the request to determine the extent and nature of the amendment requested. Consideration shall be given to the effects upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. After considering the comprehensive plan and other evidence gathered through the public hearing process, the city council may adopt, adopt with conditions, or reject an amendment.
F.
For approval of zoning districts, the city council must find the following:
1.
The proposed zoning district(s) are in compliance with the comprehensive plan;
2.
Adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zoning district(s);
3.
The proposed zoning district(s) are compatible with the existing or planned uses in the surrounding area; and
4.
No nonconforming uses will be created with the zoning district(s) proposed.
G.
For approval of Unified Development Code text amendments, the council must find that the proposed text amendment(s) are in accordance with the comprehensive plan.
H.
In the event the council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance.
I.
No application for a reclassification of any property which has been denied by the council shall be resubmitted 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 final action, unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration.
J.
The city council adopts a zoning classification pursuant to a request by a property owner based upon a valid, existing comprehensive plan and zoning ordinance, the council 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 years from the date the council adopted said individual property owner's request for a zoning classification change.
(Ord. 269, 9/15/2025)