A.   The Council shall conduct at least one public hearing, following notice and hearing proceedings set forth in Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3 in which interested persons shall have an opportunity to be heard.

   B.   The Council, prior to adoption, amendment or repeal of the Comprehensive Plan, shall conduct at least one public hearing using the same notice and hearing. Following the hearing of the Council, if the Council makes a material change in the Plan, further notice and hearing shall be provided before the Council adopts the Plan or amendment.

   C.   No plan or amendment shall be effective unless adopted by resolution or ordinance by the Council.

   D.   Any person may petition the Council, for a plan amendment at any time.

   E.   Any person seeking an amendment to the Comprehensive Plan text or map shall submit to the Zoning Administrator an application form as prescribed by the City Council, designating the change desired the reasons therefore, and wherein the proposed amendment would be in the public interest. The Zoning Administrator shall transmit the requested amendment to the City Council. Upon receipt of the request, the City Council shall consider the amendment in accordance with this Section.

   F.   Amendment fees are established by Council resolution and are non-refundable. If the requested amendment is for a map change, it may take place under the same fee concurrent with an application for amendment of the Zoning Map or an application for annexation; provided, procedural requirements for each application are met. (Ord. 232, 4-14-2010)

   A.   This chapter may be amended whenever the Council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this Section, and for purposes of this Section, includes any measure to change Zone boundaries, establish or disestablish Zones, to change Zone regulations, to add, repeal or amend any other provisions of any Section or the whole of this Title.

   B.   An amendment to the text of this Title or to the Official Zoning Map may be initiated by a Resolution of Intention by the City Council or by an application of one or more of the owners of property affected by the proposed amendment. (Ord. 232, 4-14-2010)

Application: Any person seeking an amendment of the Zoning Ordinance or Map shall submit to the Zoning Administrator an application, designating the change desired the reasons therefore, and how the proposed amendment would further promote the objectives and purposes of the Zoning Ordinance. Said application shall be accompanied by a filing fee. The Zoning Administrator shall then transmit the requested amendment to the Council. Upon receipt of the request, the Council shall consider the amendment, giving particular attention to the effects of any proposed change upon the delivery of services by any political subdivision providing public services, including school zones, within the planning area of the City.

   A.   Applications from a property owner shall be filed with the City Clerk, accompanied by such data and information necessary to assure the fullest presentation of facts.

   B.   No application from an owner of property for the same general purpose concerning the same property, which has been denied by the City, shall be received or processed within twelve (12) months of such denial except by unanimous action of the Council. (Ord. 232, 4-14-2010)

   A.   Hearing Required: Prior to considering an amendment, the Council shall conduct at least one public hearing, as per Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3, in which interested persons shall have an opportunity to be heard.

   B.   Map Amendments: In the case of map amendments, which are in accordance with the adopted Comprehensive Plan, additional notice shall be provided by mail to property owners or purchasers of record within three hundred feet (300') 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 Council.

   C.   Posting Notice: Notice shall also be posted on the premises not less than one week prior to the public hearing.

   D.   Adverse Impacts: If the request is not in accordance with the adopted Plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services within the planning area, including school zones, the request shall be submitted to the City Council. The City Council may then adopt or reject an amendment to the plan under the notice and hearing procedures provided in this Section. After the plan has been amended, the Zoning Ordinance may then be amended as provided for in this Section.

   E.   Material Change: Following the Council's hearing, if the Council makes a material change from that which was presented at the public hearing, further notice and hearing shall be provided before the Council accepts the amendment. The Council may also adopt initiative after holding a hearing as required under the above provisions.

   F.   Notice: When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing and Council shall be that the public hearing notice shall be published in the official newspaper two (2) consecutive times.

   G.   Public Hearing Required by Council: Amendments to the Zoning Ordinance or Map may be adopted City Council in which parties in interest and citizens shall have an opportunity to be heard. The Council shall use the notice and hearing procedures.

   H.   Amending Ordinance: The Council, upon acceptance of said amendment shall adopt an ordinance amending the Ordinance or Map.

   I.   Reversal of Council Action: If the Council adopts a zoning classification or map amendment pursuant to a request by a property owner, 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 (4) years from the date the Council adopted said individual property owner's request for a zoning classification change or Map amendment. (Ord. 232, 4-14-2010)

The owner of real property that is the subject of zoning or subdivision decisions or conditions of approval under this Title may file a request for a regulatory taking analysis with the City Clerk within twenty-eight (28) days from the date of the final decision.

   A.   A decision is not a final City decision until a decision is made by the Council. Every final decision concerning a site specific land use request shall be provided to the applicant along with notice of the landowner's right to request a regulatory taking analysis.

   B.   Upon request, the City shall prepare a written taking analysis of any decision or condition(s) of approval on any site specific zoning or development application. The regulatory taking analysis shall comply with the process set forth in this Title including use of the most current checklist developed by the Idaho Attorney General. The analysis shall be provided to the real property owner no longer than forty-two (42) days after the date of filing the request with the City Clerk. A regulatory taking analysis prepared pursuant to this section shall be considered public information. The request for a taking analysis and the analysis shall be part of the application record. During the preparation of a taking analysis, any time limitations related to the application or action shall be told.

   C.   If the taking analysis concludes that the decision or attached conditions constitute a taking, the application shall be immediately returned to the City Council for corrective action.

   D.   The City's decision is voidable if a written taking analysis is not prepared after a request has been made pursuant to this chapter. A private real property owner, whose land is the subject of city action, and such property is affected by the City's action without the preparation of a requested taking analysis as required by this Section may seek judicial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a city action for noncompliance with paragraph B of this section must be filed in a District Court in the county in which the private property owner's affect real property is located. (Ord. 232, 4-14-2010)

The regulatory taking analysis shall follow the most current taking guidelines of the Idaho Attorney General. If the following guidelines are modified by the State Attorney General, which revised list shall be utilized in the City of Horseshoe Bend of taking analysis.

   A.   Does the regulation or action result in a permanent or temporary physical occupation of private property?

   B.   Does the regulation or action require a property owner to dedicate a portion of property or to grant an easement?

   C.   Does the regulation deprive the owner of all economically viable uses of the property?

   D.   Does the regulation have a significant impact on the landowner's economic interest?

   E.   Does the regulation deny a fundamental attribute of ownership?

   F.   Does the regulation serve the same purpose that would be served by directly prohibiting the use or action; and does the condition imposed substantially advance that purpose? (Ord. 232, 4-14-2010)

   A.   The Governing Board may amend, by ordinance, the text of this Zoning Ordinance in accordance with applicable provisions of Idaho Code and the City of Horseshoe Bend Comprehensive Plan.

   B.   Any application for a Zoning Ordinance text amendment shall address the questions posed by the application, the information required by state law and information otherwise required by this Title or by the City Council. In addition to information required by the application form, an application to change the text of the Zoning Ordinance shall provide a description of the amendment requested along with a statement that describes the rationale for the request, the proposed text of the amendment, how it would better implement the Comprehensive Plan, and the public purpose that would be achieved by amendment of the Zoning Ordinance. All applications for Zoning Ordinance text amendments shall be submitted to the City Council. An amendment, if approved, shall be implemented by the passage of an ordinance. Amendment of the text of the Zoning Ordinance is a legislative act committed to the sound discretion of the City Council. (Ord. 232, 4-14-2010)

Prior to annexation of an unincorporated area, the Council shall follow the notice and hearing procedures provided in Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3. Immediately following the adoption of an ordinance of annexation, the Council shall amend the City Map to reflect the annexed property. (Ord. 232, 4-14-2010)

Every person seeking annexation into the City of Horseshoe Bend shall file with the City Clerk, an application as prescribed in Section 9-4-2. (Ord. 232, 4-14-2010)

The Council shall hold at least one public hearing for each annexation request as prescribed in Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3. (Ord. 232, 4-14-2010)

Annexation of the lands into Horseshoe Bend shall follow the procedures applicable to the category of lands as established by this section, The implementation of any annexation wherein the City Council determines that annexation is appropriate shall be concluded with the passage of an ordinance of annexation.   

   A.   Procedures for Category 'A' Annexations: Lands lying contiguous or adjacent to the Horseshoe Bend limits may be annexed by the City if the proposed annexation meets the requirements of Category 'A'. Upon determining that a proposed annexation meets such requirements, Horseshoe Bend may initiate the planning and zoning procedures set forth in Chapter 65, Title 67, Idaho Code, to establish the comprehensive planning policies, where necessary, and zoning classification of the lands to be annexed.

   B.   Procedures for Category 'B' Annexations: Horseshoe Bend may annex lands that would qualify under the requirements of Category 'B' annexation if the following requirements are met.

      1.   The lands are contiguous or adjacent to the Horseshoe Bend limits and lie within the City's area of city impact.

      2.   The land is laid off into lots or blocks containing not more than five (5) acres of land each, whether the same shall have been or shall be laid off, subdivided or platted in accordance with any statute of the State of Idaho or otherwise, or whenever the owner or proprietor or any such person by or with his authority has sold or begun to sell off such contiguous or adjacent lands by meets and bounds in tracts not exceeding five (5) acres, or whenever the land is surrounded by the City. Splits of ownership which occurred prior to August 14, 2002, and which were the result of placement of public utilities, public roads or highways, or railroad lines through the property shall not be considered as evidence of a intent to develop such land and shall not be sufficient evidence that the land has been laid out or subdivided in lots or blocks. A single sale after August 14, 2002, of five (5) acres or less to a family member of the owner for the purpose of constructing a residence shall not constitute a sale within the means of this section. For purposes of this section, "family member" means a natural person or the spouse of a natural person who is related to the owner by blood, adoption or marriage within the first degree of consanguinity.

      3.   Preparation and publication of a written annexation plan, appropriate to the scale of the annexation contemplated, which includes, at a minimum, the following elements:

         a.   The manner of providing tax-supported municipal services to the lands proposed to be annexed;

         b.   The changes in taxation and other costs, using examples, which would result if the subject lands were to be annexed;

         c.   The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed;

         d.   A brief analysis of the potential effects of annexation upon other units of local government which currently provide tax-supported or fee-supported services to the lands proposed to be annexed; and

         e.   The proposed future land use plan and zoning designation or designations, subject to public hearing, for the lands proposed to be annexed.

      4.   Compliance with the notice and hearing procedures governing a zoning boundary change as set forth in Section 67-6511, Idaho Code, on the question of whether the property should be annexed and, if annexed, the zoning designation to be applied thereto; provided however, the initial notice of public hearing concerning the question of annexation and zoning shall be published in the official newspaper of the city and mailed by first class mail to every property owner with lands included in such annexation proposal not less than twenty-eight (28) days prior to the initial public hearing. All public hearing notices shall establish a time and procedure by which comments concerning the proposed annexation may be received in writing and heard and, additionally, public hearing notices delivered by mail shall include a one (1) page summary of the contents of the City's proposed annexation plan and shall provide information regarding where the annexation plan may be obtained without charge by any property owner whose property would be subject to the annexation proposal.

      5.   In addition to the standards set forth elsewhere in this Section, annexation of the Property, owned by a nongovernmental entity, that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty (50) acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner.   

      6.   After considering the written and oral comments of property owners whose lands would be annexed and other affected persons, the City Council may proceed with the enactment of an ordinance of annexation and zoning. In the course of the consideration of any such ordinance, the City must make express findings, to be set forth in the minutes of the City Council meeting at which the annexation is approved as follows:

         a.   The land to be annexed meets the applicable requirements of this section and does not fall within the exceptions or conditional exceptions contained in this section.

         b.   The annexation would be consistent with the public purposes addressed in the annexation plan prepared by the City.

         c.   The annexation is reasonably necessary for the orderly development of the city.   

      7.   In addition to the standards set forth elsewhere in this Section, annexation of the following lands must meet the following requirements:

         a.   Property, owned by Boise County or any entity within the County, that is used as a fairgrounds area under the provisions of Chapter 8, Title 31, Idaho Code, or Chapter 2, Title 22, Idaho Code, must have the consent of a majority of the Board of County Commissioners of Boise County; and

         b.   Property, owned by a nongovernmental entity, that is used to provide outdoor recreational activities to the public and that has been designated as a planned unit development of fifty (50) acres or more and does not require or utilize any city services must have the express written permission of the nongovernmental entity owner.

      8.   Notwithstanding any other provision of this section, railroad rights-of-way property may be annexed pursuant to this section only when property within the Horseshoe Bend limits adjoins or will adjoin both sides of the rights-of-way.

   C.    Procedures for Category 'C' Annexations: Horseshoe Bend may annex lands that would qualify under the requirements of Category 'C' annexation if the following requirements are met:

      1.   Evidence of consent to annexation based upon the following procedures:

         a.   Following completion of all procedures required for consideration of a Category 'B' annexation, but prior to enactment of an annexation ordinance and upon an affirmative action by the City Council, the City shall mail notice to all private landowners owning lands within the area to be annexed, exclusive of the owners of lands that receive water or sewer service and owners of lands that are subject to a recorded consent to annex. Such notice shall invite property owners to either give written consent or express written opposition to the annexation, include a description of how that consent or opposition can be made and where it can be filed, and inform the landowner where the entire record of the subject annexation may be examined. Such mailed notice shall also include a legal description of the lands proposed for annexation and a simple map depicting the location of the subject lands.

         b.   Each landowner desiring to consent to or oppose the proposed annexation must submit the consent or opposition, in writing, to the City Clerk by a date specified in the notice, which shall not be sooner than twenty-one (21) days after the date of the mailing of such notice.

         c.   After the date specified in the notice for receipt of written consent or opposition, the City Clerk shall compile and present to the City Council a report setting forth:

            (1)   The total physical area sought to be annexed; and

            (2)   The total physical area of the lands, as expressed in acres or square feet, whose owners have consented in writing to the annexation, plus the area of all lands receiving water or sewer service from the City and the area of all lands subject to a recorded consent to annex.

Objections received after the conclusion of the twenty-one (21) day period shall not be considered unless the late objection is due to the City's failure to follow the procedures provided herein. Objections received from owners of lands subject to a recorded consent to annex, or from owners receiving water or sewer service from the City, shall not be considered objections for purposes of this section. The Clerk shall report the results to the City Council.

         d.   Upon receiving such report, the City Council shall review the results and may thereafter confirm whether consent was received from the owners of a majority of the land areas and those providing written consent, in addition to all lands subject to the implied consent provisions set forth herein and those subject to consent of record in the office of the Boise County Recorder. The results of the report shall be reflected in the minutes of the City Council. If the report, as accepted by the City Council, confirms that owners of more land area have consented to annexation than oppose such annexation, the City Council may enact an ordinance of annexation, which thereafter shall be published and become effective according to the terms of the ordinance. If the report confirms that owners of more land area oppose annexation than consent to such annexation, the Category 'C' annexation shall not be authorized. (Ord. 232, 4-14-2010)

   A.   Certain types of uses possess unique and special characteristics, which require special consideration prior to their being permitted in a particular zone. A conditional use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the Ordinance, but may be allowed with conditions under specific provisions of the Ordinance, subject to the ability of political subdivisions, including school zones, to provide services for the proposed use, and when it is not in conflict with the Comprehensive Plan.

   B.   The reason for special consideration involves, among other things, the size of the area required for the full development of such use, the nature of traffic problems incidental to operation of the use, the effect such use has on any adjoining land uses and the effect such use has on the growth and development of the community as a whole.

   C.   The purpose of review shall be to determine that the characteristics of any such use shall not be unreasonable or incompatible with the type of uses permitted in surrounding areas, and for stipulating such conditions as maybe reasonable so that the basic purposes of the Chapter shall be served. Nothing construed herein shall be deemed to require the Council to grant a conditional use permit.

   D.   No building permit shall be issued when a conditional use permit is required by the terms of this Chapter, unless a conditional permit has been granted by the City Council and then only in accordance with the terms and conditions of the conditional use permit.

   E.   No conditional use permit shall be transferable from one property to another. In the event the property changes hands, the new owner, if he or she desires to continue the conditional use, shall appear before the City Council for review. Said continuance shall be subject to the same terms and conditions of the original permit. (Ord. 232, 4-14-2010)

Every person seeking a conditional use permit shall file with the City Clerk an application as prescribed in Chapter 9, Section 9-4-2. (Ord. 232, 4-14-2010)

The City Council shall hold at least one public hearing for each application for conditional use permit as prescribed in Chapter 9, Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3 of this title. (Ord. 232, 4-14-2010)

The Council may grant or deny a conditional use permit by the majority of the members of the Council present at the meeting where the application is considered. Whenever the Council grants or denies a permit, it shall specify in its findings:

   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. (Ord. 232, 4-14-2010)

Upon granting a conditional use permit, conditions may be attached, including but not limited to the following, for the purpose of:

   A.   Minimizing adverse impact on other development (special yards of spaces, fences and walls).

   B.   Controlling the sequence and timing.

   C.   Controlling duration of the use.

   D.   Assuring that development is maintained property.

   E.   Designating the location and nature of development, including signs.

   F.   Requiring the provision for on-site public facilities or services.

   G.   Requiring more restrictive standards than those generally required in an ordinance: (surfacing of parking areas to City specifications, regulation of points of vehicular ingress and egress, landscaping and maintenance, regulation of noise, vibration, odors or other similar nuisances).

   H.   Specifying the period of time for which a permit is issued and conditions which, if not followed, will bring about revïcation of the conditional use permit.

   I.   Requiring mitigation of effects of the proposed use upon services delivered by any political subdivision, including school zones, providing services within the planning area of Horseshoe Bend. (Ord. 232, 4-14-2010)

   A.   Effective Date: The permit shall not become effective until twenty (20) calendar days from the date of the action by the Council.

   B.   Judicial Review: An applicant denied a permit or aggrieved by a decision may within twenty-eight (28) days after all remedies have been exhausted under the ordinances of the City seek judicial review under the procedures provided by Idaho Code 67-5215(b) through (g) and 67-5216 (67-6519). (Ord. 232, 4-14-2010)

A modification of the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of the buildings or; other Ordinance provisions affecting the size or shape of structures or the placement of structures upon lots. The variance is an adjustment or special exception made in the application of the regulations set forth in this chapter to a particular piece of property which, because of special circumstances, may be deprived of privileges commonly enjoyed by other properties in the same zone or vicinity. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. (Ord. 232, 4-14-2010)

The purpose of a variance is to provide fair treatment and to see that individuals are not penalized because of site characteristics beyond their control. A variance shall not be considered a right or special privilege but may be granted to an applicant only upon a showing that:

   A.   Undue hardship exists because of special physical characteristics of the site which prevent the literal application of zoning regulations; and

   B.   The variance is not in conflict with the public interest.

Hardships must result from special site characteristics relating to size, shape or dimensions of a site or the location of existing structures thereon; from geographic, topographic or other physical conditions; or from population densities, street locations or traffic conditions. (Ord. 232, 4-14-2010)

An application for a variance shall be filed with the City Clerk on a form prescribed by the Council. The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking, off-street loading facilities and landscaped areas, as applicable. (Ord. 232, 4-14-2010)

Notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. A notice of public hearing shall be given not less than fifteen (15) calendar days nor more than thirty (30) calendar days prior to the date of the public hearing by mailing notices to adjacent property owners. The notice shall contain the address or location of the property for which the application is taken as well as a brief description of the nature of the variance requested. Public Hearing procedures outlined in Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3 shall be followed. (Ord. 232, 4-14-2010)

The City Council may grant a variance based on the application, investigation and evidence submitted, upon finding the following:

   A.   That literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Zoning Ordinance.

   B.   That there are extraordinary site characteristics applicable to the property involved or intended use of the property which does not generally apply to other properties classified in the same zone.

   C.   That literal interpretation and enforcement of the regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone.

   D.   That the granting of the variance will not constitute a grant or special privilege inconsistent with the limitations on other properties classified in the same zone.

   E.   That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. (Ord. 232, 4-14-2010)

The use of construction permitted under the terms of any variance shall be commenced within a six (6) month period. If not commenced, the variance is no longer valid. An extension of an additional six (6) months may be granted if requested prior to expiration of the approval. (Ord. 232, 4-14-2010)

An applicant denied a permit or aggrieved by a decision may within twenty - eight (28) days after all remedies have been exhausted under the ordinances of the City seek judicial review under the procedures provided by Idaho Code 67-5215(b) through (g) and 67-5216 (67-6519).

The City zoning plan regulates the use of land and structures by assigning uses to one or more Zones. Idaho Code section 67-6511A permits a procedure for accommodating specific land uses in the City while continuing to provide for the protection of the public health, safety and welfare. This ordinance is intended to provide reasonable standards and procedures in order to:

   A.   Implement the goals and policies of the City Comprehensive Plan;

   B.   Preserve and protect the character of the City;

   C.   Assure the public health, safety and welfare of present and future citizens of the City;

   D.   Protect and enhance the natural resources of the City and integrate new development harmoniously into the City's natural environment;

   E.   Protect property rights by balancing the rights of abutting and neighboring landowners to enjoy their property without undue disturbance from abutting or neighboring uses;

   F.   Provide for specific land uses in neighborhoods that are determined compatible but prohibited by current zoning; and

   G.   Improve circulation and reduce traffic congestion and hazards on existing and proposed streets. (Ord. 232, 4-14-2010)

A development agreement is a written commitment, as contemplated under Idaho Code section 67-6511A, which, as a condition of rezoning, including rezoning upon annexation, specifies the use requirements and use restrictions different from the requirements of a particular zone, and which may be submitted by an applicant for a zone change or required by the City Council as a condition of a zoning classification change.

   A.   By permitting or requiring commitments pursuant to this Title, the City does not obligate itself to approve a proposed zone change or annexation that is requested concurrent with a proposed development agreement.

   B.   Nothing in this Title shall be construed as relieving the property which is subject to development agreement restrictions from further compliance with all other permit and ordinance requirements of the City.

   C.   A development agreement shall only be modified after public hearing by the City Council.

   D.   A development agreement may be terminated by the City Council, after public hearing, for failure to comply with any of the commitments expressed in the agreement. Upon termination of the agreement the Council shall rezone the property to its prior zoning designation. In the case of an initial zoning designation established at the time of annexation, termination of the agreement shall result in a City zoning designation deemed appropriate by the Council.

   E.   All public hearings to consider modifying or terminating a development agreement shall comply with the notice and hearing provisions of Section 67-6509 of the Idaho Code. (Ord. 232, 4-14-2010)

   A.   Use: Use of development agreements in the annexation or rezoning process may be utilized in any zone, regardless of lot size, subject to the standards provided for in this Title.

   B.   Subsequent Actions: A development agreement shall not prevent the City in subsequent actions applicable to the property from applying new standards, regulations or policies that do not conflict with the written commitments within the development agreement.

   C.   Encumbrance: The development agreement is binding on the owner of the subject property and each other person acquiring an interest in the property. The owner, lessee, or owners of a valid interest in the property and all subsequent property owners of the property encumbered by the development agreement shall comply with all conditions, terms, obligations and duties contained in the development agreement. Failure to comply may result in termination of the agreement in accordance with Section 13 of this Title. (Ord. 232, 4-14-2010)

   A.   Request for or Requirement of a Development Agreement: A development agreement may be requested by the applicant or required by the City Council.

      1.   In the event an applicant seeks to enter into a development agreement, the development agreement shall be submitted to the City with the rezone application.

      2.   If an application does not include a development agreement and the City Council determines that the application should not be approved without a development agreement, the Council may determine the basic terms of the development agreement during the public hearing on the rezone application or as part of its decision on the application. The terms of the development agreement shall include the use restrictions and use requirements for the subject property including such terms as are listed under Section 4.b.2) of this Title that the Council deems appropriate.

      3.   Any zoning change may be conditioned upon the applicant entering into a development agreement approved by the City Council. Failure of the owner of the subject property to enter into a development agreement that is required by the City Council shall be grounds to deny the zoning change or annexation request.

   B.   Filing Requirements: When the applicant requests a development agreement, the City's representatives may require such information as is reasonably necessary to process the application. Depending upon the nature of the property which is the subject of the application, this information may include, but is not limited to, the following:

      1.   A conceptual master plan, at an adequate scale, that addresses:

         a.   Vehicular and pedestrian circulation, to include adjacent and proposed paths and roadways, as well as parking and snow removal;

         b.   Existing and proposed buildings and uses, including open space and common areas;

         c.   Conceptual grading and landscaping;

         d.   Schematic building plans;

         e.   Proposed design criteria (height, setbacks, density, etc.);

         f.   Utility capacity, connections, and layout; and

         g.   Other items as requested by the Zoning Administrator, City Engineer, Public Works or the City Council;

      2.   A draft development agreement which shall be reviewed by the City Attorney, and shall contain at a minimum, the following:

         a.   List of uses to be allowed;

         b.   Identification of development standards required under the agreement;

         c.   Identification of locations for permitted uses on a proposed conceptual plan;

         d.   Planned implementation of improvements with a construction and completion schedule;

         e.   Provision that the standards, processes and information contained in the land use ordinances of the City shall apply to the development of the property in the development agreement;

         f.   A provision that the property owners and other interested parties consent that failure to comply with the terms of the agreement, including the construction schedule of improvements, shall result in a reversion of the zoning of the real property to the zoning designation existing immediately prior to the agreement; or, in the case of an initial zone at annexation, the zoning of the real property shall be changed to a zoning designation deemed appropriate by the City Council;

         g.   A provision specifying that the agreement and all conditions, terms, and duties and obligations included in said agreement shall be an encumbrance on the real property;

         h.   Any other matter required by the City Council or City Attorney as deemed appropriate. (Ord. 232, 4-14-2010)

The development agreement shall be signed by the owner of the property and the Mayor in behalf of the City and shall be attached to the ordinance establishing the zoning map amendment. The agreement shall be recorded in the office of the Boise County Recorder within ten (10) days of adoption of the ordinance establishing the zoning map amendment by the City Council. The ordinance number shall be clearly referenced on the Official Zoning Map for the City. The development agreement shall take effect upon the adoption of the amendment to the zoning ordinance. (Ord. 232, 4-14-2010)

   A.   Applicability: The standards identified in the subsections below apply to all annexations and rezones involving development agreements, unless otherwise specified.

   B.   Comprehensive Plan: The application should be compatible with the City's Comprehensive Plan.

   C.   Neighborhood:

      1.   There shall be compatible transition in scale, building form, and proportion between the proposed structure/use and existing structures and landscape.

      2.   All development within the project area must comply with the standards and criteria established in the Horseshoe Bend City land use ordinances.

      3.   Alteration to the existing grade shall be in compliance with the City's Zoning and Subdivision Ordinances.

      4.   The proposed use(s) and development of the subject property shall be appropriate for the location, the lot and the neighborhood.

      5.   The proposed use(s) and development shall not adversely affect the character, public health, safety, and/or general welfare of the neighborhood or the community.

   D.   Infrastructure:

      1.   The proposed use(s) and development of the subject property shall not cause undue traffic congestion, or dangerous traffic conditions.

      2.   The proposed use(s) and development of the subject property shall not adversely impact other infrastructure such as, but not limited to, public utilities and communication systems, water, wastewater, and drainage systems, as well as snow storage and snow removal. (Ord. 232, 4-14-2010)

Development agreements may be enforced by the City through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, monetary damages, criminal penalties and/or termination of the development agreement. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate by the City. (Ord. 232, 4-14-2010)

   A.   Modification of Agreements: Development agreements may only be modified through the public hearing process.

   B.   Termination of Agreements: Development agreements may be terminated or amended by the City Council, after public hearing for failure to comply with the commitments expressed in the development agreement.

      1.   Upon termination of a development agreement pursuant to this Title, the City Council shall reverse the property to the prior zoning designation or in the case of initial zone at annexation, to a zoning designation deemed appropriate by the City Council.

      2.   All uses that are not compatible with the subsequent zoning designation following termination of the development agreement shall cease. The owner of the property shall apply for a conditional use permit for the property, if the use(s) are conditionally allowed within the subsequent zone.

   C.   Notice: In the event the City believes that grounds exist for revocation of the development agreement, the property owner shall be given written notice, by certified mail, of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance and providing the property owner fifteen (15) calendar days to furnish evidence:

      1.   That corrective action has remedied the violation or noncompliance;

      2.   That rebuts the alleged violation or noncompliance; and/or

      3.   That a request to amend the development agreement has been submitted. (Ord. 232, 4-14-2010)

In the event that a property owner fails to provide evidence reasonably satisfactory to the City Council as required in Section 9-6-4 of this Title, the City Council shall hold a public hearing in accordance with this Title to consider terminating or modifying the development agreement.

   A.   The City Council shall provide the property owner notice and reasonable opportunity to be heard concerning the matter and a public hearing shall be conducted.

   B.   Within ten (10) calendar days of the completion of the hearing, the City Council shall issue a written decision taking no action, terminating the development agreement or modifying the development agreement. (Ord. 232, 4-14-2010)

   A.   Animal Clinic, Animal Hospital, Veterinary Office and Kennel:

      1.   Will be located at least five hundred (500) feet from any residence including motels and hotels, except for an owner's residence. The Zoning Administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property.

      2.   Will comply with all State and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor.

   B.   Bulk Storage of Flammable Liquids and Gases above Ground and for Resale:

      1.   Will be located at least five hundred (500) feet from a residential zone, any residence, motel or hotel, except for an owner's residence.

      2.   Will be erected subject to the approval of the appropriate fire zone.

      3.   Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the appropriate fire zone

   C.   Contractor's Yard:

      1.   Will be located a minimum distance of three hundred (300) feet from any residence, except for an owner's residence.

      2.   Will have a screening fence around areas utilized for storage of equipment.

      3.   Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses.

   D.   Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of Commercial Value:

      1.   The extent and method of rehabilitation shall be determined in advance of issuing a zoning permit with due consideration given to what is suitable and compatible with the surrounding area.

      2.   Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property.

      3.   Safety fencing shall be erected around all pits that create a safety hazard.

   E.   Outdoor Storage of Commercial and Industrial Materials:

      1.   Will be screened from view from any existing, adjoining residence or residentially zoned area, whether or not such property is separated by an alleyway or street.

      2.   Will not be located in any front yard setback area.

   F.   Stockpiling of sand, gravel or other minerals:

      1.   Prohibited: The city prohibits any and all mining, dredging or stockpiling of sand, gravel or other minerals within the city limits, with the exception made for stockpiling the aforementioned materials in increments less than twenty (20) yards, or for a period of less than thirty (30) days, and unless otherwise allowed by the provisions of this title.

      2.   Conditional Use Permit Required: In order to stockpile sand, gravel or other minerals within the city, an application for a conditional use permit must be received and approved by the city council. Such conditional use permit may include, but is not limited to, the regulation of aesthetics, hours of operation, impact on adjoining properties, noise, dust, and odors. In the event of an existing extraction practice of mining, dredging, or stockpiling of sand, gravel or other minerals within the city limits, such entity must obtain a conditional use permit within one hundred eighty (180) days from the passage hereof.

      3.   Violation: Any violation of the provisions of this subsection shall be a misdemeanor. Any person or persons found in violation of this subsection shall also be liable for any costs to the city that result from the violation. (Ord. 232, 4-14-2010)