This chapter shall be known and may be cited as Kuna Zoning Code.

(Ord. No. 2024-06, § 2, 4-16-2024)

The purpose of this chapter is to:

A.

Exercise the powers conferred upon the city by I.C. §§ 67-6511, 67-6511A, 67-6512 and 67-6515 as mandated by I.C. § 67-6503, and to promote the health, safety and welfare of the people of the City as set forth in I.C. § 67-6502; and

B.

Establish standards and procedures for rezones.

C.

Apply to all lands within the City of Kuna.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

The Rezone application process is determined by Chapter 4 "Application Procedures, Requirements and Decision Authority and Process," of this title.

B.

The Decision-Making Body shall apply the standards listed in subsection (D) of this section and the findings listed in subsection (E) of this section to review the annexation request.

C.

Following the approval of a rezone, the Director, shall provide a rezone ordinance to be adopted by the City Council.

D.

Standards: The following are the standards which apply to applications for rezone:

1.

The subject property shall meet the minimum dimensional standards of the proposed district.

2.

The City may require that a rezone comply with the City's most current adopted Comprehensive Plan and Future Land Use Map. Provided, the Comprehensive Plan and Future Land Use Map are guidance documents, and there may be instances where deviation from those guidance documents may be appropriate and desirable. In such circumstances, the City shall enter findings in its written decision identifying the reasons for any deviation from the Comprehensive Plan and Future Land Use Map.

3.

The City may require a Development Agreement in conjunction with the rezone pursuant to Idaho Code § 67-6511A. The Development Agreement process and procedures shall be in accordance with Part 4 of Chapter 8 of this title.

4.

Pursuant to I.C. § 67-6511, the City shall give particular consideration to the effects any proposed zone change will have on political subdivisions within the City's planning jurisdiction, including school districts, to provide services. Therefore, evidence of demonstrable unmitigated adverse impacts to a political subdivision may provide the basis to deny an application.

E.

Rezone Approval Required Findings: Commission recommendations to the City Council and City Council action of approval of a rezone application shall be in accordance with the following findings:

1.

The rezone complies with the applicable provisions of the Comprehensive Plan, or specific findings are made for why deviation from the Comprehensive Plan is appropriate and desirable; and

2.

The rezone is not be detrimental to the public health, safety and welfare; and

3.

The rezone does not result in an adverse impact upon the delivery of services by any political subdivision, including school districts, providing public services within the city's planning area.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Purpose: The purpose of this section is to establish procedures for amendments to texts, tables and graphics of this title.

B.

Applicability: The provisions of this section shall apply to all text, tables and graphics within this chapter.

C.

Process:

1.

A Zoning Code Text Amendment initiated by the City shall follow noticing and public hearing procedures in Chapter 4 of this title "Application Procedures, Requirements and Decision Authority and Process," of this title.

2.

A Zoning Code Text Amendment initiated by a property owner shall complete a preapplication meeting with the Director prior to submittal of an application for a Zoning Ordinance Amendment. An application and fees in accordance with Chapter 4, of this title "Application Procedures, Requirements and Decision Authority and Process," of this title shall be submitted to the Planning and Zoning Department.

D.

Required findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a Zoning Ordinance amendment, the Council shall make the following findings:

1.

The Zoning Ordinance Amendment complies with the applicable provisions of the Comprehensive Plan, or specific findings are made for why deviation from the Comprehensive Plan is appropriate and desirable; and

2.

The Zoning Ordinance Amendment is not detrimental to the public health, safety and welfare; and

3.

The Zoning Ordinance Amendment does not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City, including school districts.

(Ord. No. 2024-06, § 2, 4-16-2024)