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 procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 542, 2007)

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 or an application by a property owner or a person who has an existing interest in property within the area proposed to be changed or affected by said amendment. (Ord. 542, 2007)

Applications for amendments to the official zoning map adopted as part of this title shall be provided by the administrator and 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 scale approved by the administrator showing the 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 three hundred feet (300') of the external boundaries of the land being considered.

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

   J.   A fee as established by the council. (Ord. 542, 2007)

In accordance with the notice and hearing procedures for zoning boundary changes in sections 17.14.050 through 17.14.090 of this chapter (including notice that a development agreement is part of the application for zoning map amendment), a property owner or developer may request, or the city may require, that an application for zoning map amendment or rezone be processed in conjunction with the execution of a development agreement. The development agreement will allow a change in the zoning for a specific project, with a specific use, to be developed on property in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of the development agreement, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone.

Such conditional commitments in development agreements are in addition to the regulations provided for in the zoning district by this title, and are established to ensure compatibility of the resulting land use with the surrounding area. The use of a PUD permit process shall be the only means whereby the city of Kimberly will/shall entertain allowing uses in a zone not normally allowed therein; and a development agreement does not provide an exception.

   A.   Creation And Form: A request to enter into a development agreement shall be in a form developed by the planning and zoning coordinator and approved by the city council. The development agreement shall, as a condition of consideration by the planning and zoning commission or city council, include at a minimum the following:

      1.   A legal description of the subject property;

      2.   A list of the use(s) to be allowed;

      3.   Identification of development standards that shall be required under the development agreement;

      4.   The planned implementation of improvements with a construction and completion schedule;

      5.   Provisions for any dedication or reservation of all applicable land;

      6.   A site map showing all boundaries, the locations for permitted use(s), land area in acres, and natural features including water bodies and any other relevant features;

      7.   A provision that the property owner/developer acknowledges and agrees that failure to comply with the terms of the agreement shall result in a reversion of the zoning of the real property to the zoning existing immediately prior to the agreement, pursuant to the procedure set forth in Idaho Code section 67-6511A and this section;

      8.   A provision for the use of a financial guarantee for project completion if the proposal is developed in phases;

      9.   A provision specifying that unless modified or terminated by the city council, pursuant to subsection D of this section, the development agreement and all conditions, terms, duties and obligations included in said development agreement are binding on the owner of the property, each subsequent property owner and every person(s) acquiring interest in said property;

      10.   Any other conditions attached to the project through the public hearing process.

   B.   Safeguards: The following safeguards shall be applied:

      1.   A development agreement shall not prevent the city in subsequent actions related to the property from applying new rules, regulations or policies that do not conflict with commitments applicable to the property as set forth within any duly executed development agreement.

      2.   If the owner or developer fails to comply with a conditional commitment in a development agreement after completion of construction, the city may deal with the violation through all penalty provisions allowed under city ordinances and state law.

      3.   When a commitment is required to be satisfied prior to completion of construction, and it is not so satisfied, construction may be halted until compliance is established.

   C.   Recording: Agreements shall take effect and shall be recorded in the Twin Falls County recorder's office upon the adoption of the ordinance establishing the zoning map amendment by the city council or Twin Falls County board of commissioners if the property is in the area of impact. Should a development agreement be terminated by the city, and the zoning designation upon which the use is based be reversed, a document recording such termination and zoning reversal shall also be recorded by the city in the Twin Falls County recorder's office. An agreement shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.

   D.   Modification, Enforcement, And Termination Of Commitments: A development agreement may be modified by request of an applicant or the city only after receiving a recommendation by the planning and zoning commission and by an approval vote of the city council after compliance with the notice and hearing provisions for zoning boundary changes in sections 17.14.050 through 17.14.090 of this chapter. The following are circumstances where a modification may be considered:

      1.   A change to any of the terms or conditions of the original development agreement is proposed; and/or

      2.   A substantial change to any established positioning or exterior appearance of any structure over two hundred (200) square feet in area is proposed; and/or

      3.   A substantial change in infrastructure from what was agreed upon.

A development agreement may be terminated by the city, and the zoning designation granted by the agreement reversed to the zoning that was in effect on the pertinent site before the agreement was executed, upon the failure of the owner, developer, or each subsequent owner or each person acquiring an interest in the subject parcel, to comply with the commitments contained in the development agreement within two (2) years of approval by the city council or Twin Falls County board of commissioners. Exception: The failure to begin or complete site development of all or a portion of a project proposed under a development agreement does not necessarily have to serve as impetus to claim that an owner or developer has failed to comply with their commitments contained in their respective development agreement. Rather, such failure to begin or complete site development of all or a portion of a project proposed under a development agreement, shall serve as impetus to consider termination of an agreement and reversion of zoning. A hearing for termination may be convened by the city council after complying with the same notice and hearing provisions required for a zoning boundary change and any relevant termination terms of the pertinent agreement. During the hearing, the council may vote to take no action, cause modification of the agreement if the applicant is willing, or terminate the agreement.

The two (2) year period of time for compliance with the commitments contained in the development agreement may be extended by the city for just cause, and upon application for such by the owner, after complying with the notice and hearing provisions required for a zoning boundary change.

In accordance with state law, the establishment of a development agreement and the written commitments contained therein shall provide written consent for the city council to change the zoning of the subject property to its prior designation upon failure of an applicant to comply with the conditions imposed by their agreement. (Ord. 619, 2014)

Zoning districts, zoning subdistricts and overlay districts shall be amended in the following manner:

   A.   Requests for an amendment to this title 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 a 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; and

   C.   If the request is not in accordance with the comprehensive plan, the request shall be submitted to the commission or, in its absence, the council, 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 section 67-6509. After the comprehensive plan has been amended, this title may then be amended as hereinafter provided for. (Ord. 542, 2007)

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 Title Amendment: The commission, prior to recommending a zoning title amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (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 of the city. 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 Map Amendment: The commission, prior to recommending a zoning map amendment that is in accordance with a comprehensive plan to the council, shall conduct at least one public hearing at which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the amendment shall be published in the "Twin Falls Times News". Additional notice shall be provided by first class mail to property owners within the land being considered; 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 zoning administrator.

The administrator shall sign an affidavit stating that he has notified, in writing, the required property owners as to the purpose of the application, time and place of hearing, residents served, and date of service. A copy of the notification shall be attached to the affidavit.

When notice is required to two hundred (200) or more property owners or residents, notice of said proposed change and the hearing hereon shall be published in the "Twin Falls Times News" once a week for three (3) consecutive weeks, with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed change and for which said notice is given. (Ord. 542, 2007)

Within sixty (60) 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. 542, 2007)

The council, prior to adopting, revising or rejecting the amendment to this title 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 said 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.

Upon granting or denying an application to amend this title, the council shall specify:

   A.   The regulations 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 obtain a permit.

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. 542, 2007)

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. (Ord. 542, 2007)

Whenever a zoning district boundary change is contemplated by the city, notice of said proposed zoning district boundary change and the hearing thereon shall be by publication in the "Twin Falls Times News" once a week for three (3) consecutive weeks, with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed zoning district boundary change and for which said notice is given. (Ord. 542, 2007)