Whenever the public necessity, convenience, general welfare or good zoning practices require, the board may, by ordinance after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. Zoning ordinance amendments may consist of text or map revisions. (Ord. 2009-05, 9-28-2009)

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 board; and

   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 or rezone. (Ord. 2009-05, 9-28-2009)

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

      1.   Name, address and phone number of applicant;

      2.   Proposed amending ordinance, approved as to form by the board;

      3.   Present land use;

      4.   Present zoning district;

      5.   Proposed use;

      6.   Proposed zoning district;

      7.   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;

      8.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area and quantifiable data that will verify that rezoning would not cause economic, social or physical stress on existing uses of surrounding areas; and

      9.   A fee as established by the board.

   B.   Applications for amendments to the text of this title shall contain at least the following information:

      1.   Name, address and phone number of applicant;

      2.   Proposed amending ordinance showing the existing ordinance language with changes indicated by strike through and new language indicated by underlining;

      3.   A statement demonstrating that the proposed amendment complies with and implements the comprehensive plan; and

      4.   A fee as established by the board. (Ord. 2009-05, 9-28-2009)

The zoning ordinance text or map shall be amended in the following manner:

   A.   Requests; Submittal: Requests for an amendment to the zoning ordinance text or map or a rezone shall be submitted to the commission, which shall evaluate the request to determine the extent and nature of the requested amendment;

   B.   Standards For Granting Of Zoning Ordinance Text Or Map Amendments: No zoning ordinance text or map amendment shall be recommended for approval by the commission or granted by the board of commissioners unless the following findings are made by the commission or board:

      1.   The requested amendment complies with the comprehensive plan text and future land use map; and

      2.   The requested amendment is not materially detrimental to the public health, safety, or welfare; and

      3.   For zoning ordinance map amendments:

         a.   The subject property meets the minimum dimensional standards of the proposed zoning district; and

         b.   The uses allowed under the proposed zoning district would be harmonious with and appropriate for the existing or intended character of the general vicinity and that such uses would not change the essential character of the same area; and

         c.   The effects of the proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within Gem County's planning jurisdiction have been considered and no unmitigated adverse impacts upon those services will impose additional costs upon current residents of Gem County's planning jurisdiction. (Ord. 2009-05, 9-28-2009)

The commission shall hold a public hearing and make recommendations on proposed zoning ordinance text or map amendments. The commission, prior to recommending a zoning ordinance text or map amendment to the board, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. Notice of the public hearing shall comply with the notice requirements in Idaho Code section 67-6511. (Ord. 2009-05, 9-28-2009)

Within sixty (60) days from the conclusion of the hearing on the proposed amendment, the commission shall transmit its recommendation to the board. 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 and comply with the standards of subsection 11-15-4B of this chapter. (Ord. 2009-05, 9-28-2009)

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

Upon granting, conditionally granting, partially granting, or denying an application to amend the zoning ordinance text or map, the board shall specify:

   A.   The ordinance and standards used in evaluating the application;

   B.   The reasons for approval or denial; and

   C.   The actions, if any, that the applicant could take to obtain a permit favorable ruling.

In the event the board shall approve a zoning ordinance text or map amendment, such shall thereafter be made a part of this title upon adoption and publication. (Ord. 2009-05, 9-28-2009)

   A.   Applicability:

      1.   All applications for a zoning ordinance map amendment to a planned community based district shall require a concurrent submission of a development agreement application.

      2.   Approval of all other applications for zoning ordinance map amendments may be conditioned upon the applicant's entry into a development agreement.

   B.   Process: An application and fees shall be submitted to the administrator on forms provided by the development services department. The application shall include the following materials:

      1.   An affidavit by the property owner agreeing to the submission of the development agreement.

      2.   A listing of any proposed modifications to the standards imposed by other regulations of this title.

      3.   A legal description for the property subject to the development agreement.

      4.   A project description of the uses proposed for the property subject to the development agreement describing the following:

         a.   The specific uses proposed for the property.

         b.   The form, and name if available, of the organization proposed to own and maintain any dedicated open space.

         c.   The proposed systems for water supply, sewage systems, and stormwater management.

   C.   General Regulations:

      1.   The allowed uses, densities and standards shall be those in effect at the time the development agreement is effective.

      2.   A development agreement shall not prevent the board, in subsequent actions applicable to the property, from adopting new ordinances, resolutions, and regulations that conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the board shall not prevent the development of the property as set forth in the approved development agreement.

      3.   The board may suspend the issuance of any permits after a noticed public hearing if it finds that a clear and imminent danger to the public health, safety, or welfare requires the suspension.

      4.   In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more regulations of the development agreement, such agreement may be amended or terminated pursuant to subsection F of this section as may be necessary to comply with the new state or federal laws or regulations.

   D.   Required Finding: In order to approve the application, the board shall find that the proposed development agreement complies with the regulations of this section.

   E.   Periodic Review: The administrator shall monitor the terms and conditions of the final development agreement as set forth in the final development agreement. A more frequent review may be undertaken at the administrator's discretion or at the direction of the board.

      1.   As part of the review, the applicant, owner, or successor in interest shall be required to demonstrate good faith compliance with the final development agreement.

      2.   If the administrator finds that the applicant or owner has failed to perform or comply with the terms of this agreement, the administrator shall notify the applicant or owner of the failure of performance or compliance. If after ninety (90) days, the applicant or owner has not made a good faith effort toward compliance with the terms of this agreement, the administrator shall forward the development agreement to the board for review and action.

      3.   If the board finds and determines, on the basis of substantial evidence, that the applicant, owner, or successor in interest has not complied in good faith with the terms and/or conditions of the final development agreement, action may be taken to terminate the agreement by the board.

   F.   Amendment Or Termination Of Final Development Agreement: A final development agreement may be amended or terminated in whole or in part, by either a request of the parties to the agreement, or their successors in interest, with approval by the board or by action initiated by the board as set forth in this section.

      1.   Notice of intention to amend or terminate any portion of the final development agreement shall be in accord with this section.

      2.   To amend a development agreement, the board shall make the required finding as specified in subsection D of this section for approval of an amendment to the final development agreement.

      3.   The board may terminate a final development agreement if one of the following applies:

         a.   The termination is requested by the parties to the agreement or their successors in interest, and the board determines that the termination would not be materially detrimental to the general public, health, safety, and welfare of the county.

         b.   The board determines that the parties to the agreement, or their successors in interest, have failed to comply with the terms of the development agreement.

      4.   The termination of a development agreement shall result in the reversal of the zoning ordinance map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the zoning district classification in effect prior to approval of the development agreement.

      5.   Any action by the board to amend or terminate a previously recorded development agreement shall be recorded in the office of the Gem County recorder by the clerk to the board. (Ord. 2009-05, 9-28-2009)

No application for a reclassification of any property which has been denied by the board, 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. 2009-05, 9-28-2009)