Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission on the proposed plan and zoning ordinance changes for the unincorporated area. The council shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the plan, amendment or repeal until recommendations have been received from the commission. (Ord. 542, 2007)
17.15.020: PUBLIC HEARING; COMMISSION:
A. The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The hearing shall not consider comments on annexation and shall be limited to the proposed plan and zoning changes.
B. At least fifteen (15) days prior to the hearing, notice of time and place, and a description of the proposed zoning changes for the unincorporated area 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. Notice shall be posted on the premises not less than one week prior to the public hearing.
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 notification shall be attached to the affidavit.
When notice is required to two hundred (200) or more property owners, in lieu of the mail notification, three (3) notices in the "Twin Falls Times News" are sufficient; provided that the third notice appears ten (10) 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 proposal with its recommendations to the council. (Ord. 542, 2007)
17.15.030: PUBLIC HEARING; COUNCIL:
The council, prior to adoption, amendment or repeal of the plan or zoning ordinance, shall conduct at least one public hearing using the same notice and hearing procedures as the commission.
Following the hearing of the council, if the council makes a material change in the plan or zone, further notice and hearing shall be provided before the council adopts the plan or zone. (Ord. 542, 2007)
17.15.040: AMEND REGULATIONS:
Concurrently or immediately following the adoption of an ordinance of annexation, the council shall amend the planning and zoning regulations as shall be found to be necessary. (Ord. 542, 2007)
Kimberly City Zoning Code
CHAPTER 17
15 ANNEXATION REGULATIONS
17.15.010: COMMISSION RECOMMENDATION REQUIRED:
Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission on the proposed plan and zoning ordinance changes for the unincorporated area. The council shall not hold a public hearing, give notice of a proposed hearing, nor take action upon the plan, amendment or repeal until recommendations have been received from the commission. (Ord. 542, 2007)
17.15.020: PUBLIC HEARING; COMMISSION:
A. The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The hearing shall not consider comments on annexation and shall be limited to the proposed plan and zoning changes.
B. At least fifteen (15) days prior to the hearing, notice of time and place, and a description of the proposed zoning changes for the unincorporated area 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. Notice shall be posted on the premises not less than one week prior to the public hearing.
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 notification shall be attached to the affidavit.
When notice is required to two hundred (200) or more property owners, in lieu of the mail notification, three (3) notices in the "Twin Falls Times News" are sufficient; provided that the third notice appears ten (10) 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 proposal with its recommendations to the council. (Ord. 542, 2007)
17.15.030: PUBLIC HEARING; COUNCIL:
The council, prior to adoption, amendment or repeal of the plan or zoning ordinance, shall conduct at least one public hearing using the same notice and hearing procedures as the commission.
Following the hearing of the council, if the council makes a material change in the plan or zone, further notice and hearing shall be provided before the council adopts the plan or zone. (Ord. 542, 2007)
17.15.040: AMEND REGULATIONS:
Concurrently or immediately following the adoption of an ordinance of annexation, the council shall amend the planning and zoning regulations as shall be found to be necessary. (Ord. 542, 2007)