This title shall consist of the text hereof as well as that certain map identified by the approving signatures of the Governing Body, marked and designated as "zoning map", which said map, together with three (3) copies thereof, is now on file in the Office of the City Clerk. Said map has been heretofore examined in detail by the Governing Body, has been made available to the public at public hearings and is hereby adopted as a part of this title, but this title and said map shall be subject to change from time to time as may be determined by the Governing Body. (1984 Code § 5-1-2)

The boundaries of the zones as designated by this title shall be established and clearly marked upon the zoning map as adopted in section 10-4-1 of this chapter. (1984 Code § 5-1-3)

Where uncertainty exists about the location of any district boundary shown on the official zoning map, the following rules shall be used to resolve the uncertainty:

   A.   Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary.

   B.   Where a district boundary approximately follows a street, alley or railroad line, such street, alley or railroad centerline, or the extension of such line, shall be construed as the district boundary.

   C.   Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline.

   D.   Where a district boundary does not obviously coincide with any of the above lines (property; street, alley or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, quarter section or sixteenth section line. (1984 Code § 11-1-6C)

For the purpose of this title, the City shall be and is divided into the following zones:

   Single-family residential zones:

      Large Lot Residential (LLR)

      Single-Family Residential (SFR)

   Multi-Family Residential Zone

   Commercial zones:

      General Commercial (C)

      Neighborhood Commercial (CN)

      Downtown Commercial (CD)

   Industrial zones:

      Light Industrial (LI)

      Heavy Industrial (HI)

(1984 Code § 5-4-11)

   A.   Impact Area Adopted: That area which is described or shown in exhibit A, which is attached to ordinance 569 and incorporated herein as if set out in full verbatim, is adopted as the impact area for the City.

   B.   Map Adopted: That map which accompanied said ordinance 569 is hereby adopted as the impact area map and may be referred to as the City of Fruitland impact area map. Three (3) copies shall be kept on file with the City Clerk and shall be made available to the public for viewing or for copying in accordance with the fee schedule of the City. (1984 Code § 5-1-4; amd. Ord. 569, 9-23-2013)

   C.   Land Use Permit Issuance Requirements: Both the Payette County zoning ordinance and the Fruitland City Comprehensive Plan shall regulate land use in the area of City impact. In accordance with section 3-6 of Payette County ordinance 57, the City Council, or its designee, shall be consulted and approval shall be obtained before a land use permit is issued in the impact area.

   D.   Impact Area Agreement: That impact area agreement entered into between the City and Payette County, August 14, 1990, is hereby adopted as the impact area agreement for the City and is incorporated herein as if set out in full verbatim. (1984 Code § 5-1-4)

Where a property has not been zoned because of an error in a legal description, the following shall apply:

   A.   If the error is caused by the City, the error shall be corrected and duly processed by the City as soon as the error is discovered.

   B.   If the error is caused by the applicant and/or owner, the applicant shall apply for an official zoning map amendment and submit the proper fees pursuant to section 10-2-9 of this title. (1984 Code § 11-1-7)

The purpose of this chapter is to set forth the procedure for securing a zone change. (1984 Code § 5-10-0)

Any change, modification or reclassification of zones may be initiated by the city council, the planning and zoning commission or by application of one or more property owners, purchasers or holders of valid options to purchase property. When the application for change, modification or reclassification is initiated by a property owner, purchaser or holders of valid options to purchase property, the procedure set forth herein shall be followed, except that the planning and zoning commission may, subject to the provisions for notice and publication of hearing, enlarge, expand and amplify a petition for change in reclassification of a zone or planned use classification. (1984 Code § 5-10-1)

Every person seeking a reclassification of any land regulated by this title shall file with the zoning administrator an application therefor, upon a form prescribed by the planning and zoning commission, accompanied by a filing fee as specified by the schedule of fees. All applications for rezone shall conform to the requirements of Idaho Code section 67-6511, as it may be amended, modified, altered or changed. (1984 Code § 5-10-2)

Every application shall contain or be accompanied by all information, plans and maps to scale and other data necessary to assure full presentation of pertinent facts for the records and to assist in making a determination in harmony with the objectives of this title. No application shall be accepted by the zoning administrator unless it is complete and in compliance with all such requirements and contains a designation of the proposed zone classification. (1984 Code § 5-10-3; amd. Ord. 682, 5-10-2021)

Notice of time, place and purpose of each public hearing held by the planning and zoning commission shall be given by publication in a newspaper of general circulation in the city at least fifteen (15) days prior to such hearing. When the public hearing is before the planning and zoning commission on a proposed change, modification or reclassification, notice shall be given by the zoning administrator to the last known owners of each parcel of land within three hundred feet (300') to the exterior boundary, by regular U.S. mail. In any hearing before the planning and zoning commission or the city council, where notice must be given to more than two hundred (200) persons, notice by publication, published at least fifteen (15) days prior to the hearing, setting out the time and place and a summary of the action requested to be taken, shall be published in the official newspaper or a paper of general circulation within the jurisdiction. Notice shall also be posted on the premises not less than one week prior to the hearing. In the event the planning and zoning commission originates, enlarges, extends and amplifies the application for the change, modification or reclassification of property, zone or land use classification, the zoning administrator shall be required to ascertain the names and addresses of the last known owners as the same appear on the records of the county assessor’s office of each parcel of land within three hundred feet (300') to the exterior boundaries of the land area sought to be enlarged, extended or amplified. The notice shall give the date, time and place of hearing, the name of the applicant and relief sought, and identification of the property, and such other facts as may be prescribed by the planning and zoning commission. In any public hearing, the presiding officer may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required. (1984 Code § 5-10-5; amd. 2014 Code; Ord. 682, 5-10-2021)

The planning and zoning commission and city council shall review the particular facts and circumstances of each proposed zone change and take the following factors into consideration:

   A.   The compatibility of the proposed zone with surrounding uses and zones.

   B.   Availability of power, water, sewer, fire protection, police protection and school facilities.

   C.   Access to highways.

   D.   Burdens imposed upon taxing entities for services which will have to be provided.

   E.   Location in relation to floodplain and airport approaches.

   F.   Easements, encumbrances, adverse interests.

   G.   The opinions of surrounding landowners entitled to notice.

   H.   Availability of drainage structures and refuse disposal.

   I.   Opinions of other local or state agencies required to provide services or issue permits.

   J.   Zone change will not set a precedence for future uses incompatible with existing uses.

   K.   Compatibility or conflict with the comprehensive plan.

   L.   Any other factors relevant to the suitability of rezoning the property. (1984 Code § 5-10-6; amd. Ord. 682, 5-10-2021)

At every hearing before the planning and zoning commission, the planning and zoning commission shall hear all persons interested in the subject matter. Not later than sixty (60) working days after the conclusion of the hearing, the planning and zoning commission shall file a report stating its recommendation to the city council. (1984 Code § 5-10-7; amd. Ord. 682, 5-10-2021)

The city council shall hold a public hearing in accordance with this chapter. The city council shall either approve, disapprove or modify the recommendations of the planning and zoning commission. (1984 Code § 5-10-8; amd. Ord. 682, 5-10-2021)

In the event the city council shall have approved or modified the recommendation of the planning and zoning commission, the city council shall cause to be prepared the appropriate ordinance of amendment. (1984 Code § 5-10-9; amd. Ord. 682, 5-10-2021)

No application for the change or reclassification of any property, zone or land use classification, which has been denied by the city council, shall be resubmitted in either the same or substantially the same form, with reference to substantially the same premises or the same purpose, within one year from the date of final action thereon. Any party adversely affected by any action of the planning and zoning commission or city council may appeal pursuant to the appellant procedures contained in section 10-2-10 of this title. (1984 Code § 5-10-10; amd. Ord. 682, 5-10-2021)