Whenever the public necessity, convenience, general welfare or good zoning practices require, the council may, by ordinance after receipt of recommendation thereon from the commission and subject to procedure provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

(Ord. No. 804, 11-28-1989)

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 council.

C.

By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by said amendment.

(Ord. No. 804, 11-28-1989)

Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:

A.

Name, address and phone number of applicant.

B.

Proposed amending ordinance, approved as to form by the council.

C.

Present land use.

D.

Present zoning district.

E.

Proposed use.

F.

Proposed zoning district.

G.

A vicinity map at a scale approved by the administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require.

H.

A list of all property owners and their mailing addresses who are within 300 feet of the external boundaries of the land being considered.

I.

A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area.

J.

A fee as established by the council.

(Ord. No. 804, 11-28-1989)

Zoning districts shall be amended in the following manner:

A.

Requests for an amendment to the zoning ordinance shall be submitted to the commission which shall evaluate the request to determine the extent and nature of the amendment requested.

B.

If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided.

C.

If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the planning and zoning commission which shall recommend and the council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in Idaho Code § 67-6509. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided for.

(Ord. No. 804, 11-28-1989)

The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

A.

Zoning ordinance text amendment. The commission, prior to recommending a zoning ordinance text amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least 15 days prior to the hearing, notice of time and place, and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council.

B.

Zoning ordinance map amendment. The commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least 15 days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents within the land being considered; 300 feet of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the commission. When notice is required to 200 or more property owners or residents, in lieu of the mail notification three notices in the official newspaper or paper of general circulation is sufficient; provided that, the third notice appears ten days prior to the public hearing. Following the commission's hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council.

(Ord. No. 804, 11-28-1989)

Within 30 days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the comprehensive plan and established goals and objectives.

(Ord. No. 804, 11-28-1989)

The council, prior to adopting, revising or rejecting the amendment to the zoning ordinance as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the council hearing, if the council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the council adopts the amendment.

The council shall accept the recommendation of the commission's report unless rejected by a vote of one-half plus one of the members.

Upon granting or denying an application to amend the zoning ordinance, the council shall specify:

A.

The ordinance and standards used in evaluating the application.

B.

The reasons for approval or denial.

C.

The actions, if any, that the applicant could take to reverse the decision.

In the event the council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance.

(Ord. No. 804, 11-28-1989)

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 purpose 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.

(Ord. No. 804, 11-28-1989)

Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the planning and zoning commission, on the proposed comprehensive plan and zoning ordinance changes for the unincorporated area. Each commission and the city council shall follow the notice and hearing procedures previously identified in this chapter. Concurrently or immediately following the adoption of an ordinance of annexation, the council shall amend the comprehensive plan and zoning ordinance if necessary.

(Ord. No. 804, 11-28-1989)

A.

Purpose. The City of Emmett finds that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote the public health, safety and general welfare. Unless there are compelling reasons, the applicant shall submit plans and applicable studies for all components of the proposed annexation.

B.

Applicability. Any request for an annexation shall be controlled by the provisions of this chapter. To the extent the procedures of this chapter conflict with the procedures of Idaho Code § 50-222 and other applicable state statutes, the provisions of state law shall control. If the city initiates an annexation, the provisions of this chapter shall not govern.

C.

Application process and fees. An application for an annexation of real property into the City of Emmett shall be filed with the Emmett Planning and Zoning Administrator ("administrator") by the owner of the real property or a duly authorized representative of the real property for which the annexation is proposed. The applicant shall pay the nonrefundable application fee for the proposed annexation, as established by ordinance, at the time of the filing of the annexation application. If the applicant fails to pay the city fees on a timely basis, the city is authorized to suspend or if deemed appropriate, terminate the processing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsman like manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law.

D.

Concurrent zoning classification. The city shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of this chapter.

E.

Submittal requirements. Except as otherwise provided in a concurrent application or unless waived by the administrator, the annexation application shall include or attach at least the following:

1.

Application fees established by ordinance.

2.

A statement of the size of the property in square footage and acres.

3.

A description of the proposed project, including the approximate: a) number and size of proposed lots, b) length and location of the proposed water and sewer mains, c) length and location of proposed streets and alleys, and d) length and location of the proposed sidewalks.

4.

A schematic design of the entire project showing the proposed uses, density, streets, alleys, drainage/stormwater management method(s), easements, and proposed size and location of open spaces, pathways, and parks.

5.

A statement describing how the proposed project complies with specific goals and policies of the Gem Community Comprehensive Plan.

6.

A statement describing how the proposed project is compatible with adjacent neighborhood(s).

7.

A statement describing how the applicable natural resources (e.g., watercourses, springs, streams, wildlife and access to public lands) and natural hazards (e.g., floodplains and floodways) are incorporated into proposed project and/or mitigated.

8.

A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation.

9.

A description of how the proposed annexation will protect Emmett's established or proposed wellhead protection zones.

10.

A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire and parks) and mitigation plans.

11.

A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded.

12.

A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. In the case of a phased project, subsections E.3 and E.4 of this section may be omitted for future phases; however, provisions shall be made within an annexation agreement for submittal of plans and payment of fees for future phases. Parks, pathways, and open space must be in the first phase and each consecutive phase so each phase includes the required parks, pathways, and open space.

13.

As necessary, the administrator and/or other city or agency staff may require that one or more of the following studies are warranted based on the size, scope and impact of a proposed annexation. If deemed necessary, said study or studies shall be submitted with the annexation application.

a.

Traffic study showing impact on adjacent streets and streets that would serve the proposed project.

b.

Floodplain study (if applicable).

c.

Soils study (if applicable).

d.

Wetland study (if applicable).

e.

Wildlife study.

f.

A level I environmental study showing the presence of any hazardous waste.

g.

Contour map depicting 15 percent and twenty-five percent slope lines measured at two-foot intervals.

14.

A list of names and mailing addresses of all property owners within 300 feet of the external boundaries of the proposed annexation and the names and mailing addresses of all easement holders within the proposed annexation.

F.

Certification and review. The administrator shall review the application to determine whether the application is complete. Once the administrator finds the application complete, the administrator shall certify the application as complete and shall submit the application for review and comment to the applicable city departments and appointed recommending boards. Following receipt of comments by the city departments and boards, the administrator shall schedule a meeting with the Emmett Planning and Zoning Commission ("commission") at its next regular available meeting for review of the application by the commission.

G.

Notice. The city clerk shall mail to each addressee in the list furnished by the applicant a copy of the notice of the time and place of the hearing at least 15 days before the date set for a hearing. The applicant has the burden of providing to the city an updated and correct list of property owners during the public hearing process. When notice is required to 200 or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the city provides, at the applicant's expense, notice through a display advertisement at least four-inch by two-inch column in size in the official newspaper of the city at least 15 days prior to the hearing, in addition to site posting on all external boundaries of the site. The applicant shall reimburse the city for all mailing costs and publication costs associated with providing notice hereunder. Any notice for annexation which is mailed and published shall contain:

1.

The time and place of the hearing.

2.

A brief description of the land which is the subject of the matter to be heard.

3.

The purpose of the hearing and the proposed uses for the land.

4.

Any other information, required by the administrator, which is necessary or desirable in the public interest.

H.

Commission review. Subject to its bylaws, the commission shall conduct a public hearing to review the application for annexation. The commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Gem Community Comprehensive Plan. The commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Emmett Zoning Ordinance. The commission shall make findings of fact and conclusions of law relating to the application's general compliance with the Gem Community Comprehensive Plan and to the commission's recommendation for zoning. The commission shall forward those findings and conclusions in writing to the council and the applicant.

I.

Council review.

1.

Conduct and notice of council hearing. Upon receipt of the commission's findings of fact and conclusions of law, the council shall schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a commission hearing pursuant to subsection G of this section. The council shall have the right to request further information deemed necessary by the council at any time during the proceedings.

2.

Fiscal impact. To assist the council in the determination whether an annexation will have any negative fiscal impact, the council may, in its sole and absolute discretion, require the applicant for annexation, at the applicant's sole expense, to submit a fiscal analysis or an updated fiscal analysis by a qualified and independent person or firm acceptable by the council and in a format acceptable by the council, to determine the proposed annexation's impact and to recommend the base amount of annexation fees. The council retains the right to require further monetary or nonmonetary contributions for any annexation. The applicant has the right to seek the city's approval of such a fiscal impact study at any point in the annexation process.

If a fiscal analysis is required, at a minimum it shall document additional public infrastructure needs and additional service costs created by the proposed development. Public infrastructure shall include, but not be limited to, sanitary sewer, domestic water, transportation improvements, stormwater, schools and parks. The study must outline tax and fee revenues generated by the development based upon existing levy and fee structures and project any potential tax or fee shortfalls.

3.

Findings. During the public hearing process of the application for annexation, the council shall make its own findings of fact and conclusions of law to determine:

a.

Whether the proposed application will be harmonious and in accordance with specific goals and policies of applicable components of the Gem Community Comprehensive Plan; and

b.

To the extent possible, whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Emmett at the time of an annexation and in the future.

If the council finds general compliance with the Gem Community Comprehensive Plan, the council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the commission made negative findings related to the comprehensive plan under subsection H of this section and therefore did not make a recommendation on zoning classification for the property sought to be annexed, but the council subsequently made favorable findings related to the comprehensive plan and wishes to proceed with the annexation, the council shall remand the proceedings to the commission for its recommendation on zoning classification.

4.

Decision. The council has the sole and absolute discretionary right to approve, approve with a development agreement, or deny an application for annexation. In the event a subsequent development proposal materially differs from the development shown in approved annexation, the development agreement shall provide that the proposed development may be denied, that the applicant shall be responsible for any increased annexation fees and/or that the property may be deannexed. There shall be no right of an appeal by an applicant or by an affected party from an adverse decision of the council on an annexation application. If the council elects to approve the application for annexation with or without conditions, the council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the procedures set forth in this chapter.

(Ord. No. O2007-1, 2-13-2007)