To allow changes in permitted land uses which are in accordance with the Comprehensive Plan, requests from the owner of the affected property to amend the Zoning Map may be considered. Overlay zones are not eligible for rezone under this chapter. These requests for rezoning of property must be reviewed by the Zoning Commission and a recommendation forwarded to the Board of Latah County Commissioners for a final decision. This review shall determine the extent and nature of the requested amendment, including any effects of the zone change upon the delivery of services by entities providing public services, including school, road, public safety, sewer, water, and other relevant services. (Ord. 392, 8-16-2021)

Application for rezoning shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning Department shall be submitted to the department prior to scheduling a public hearing. The applicant shall supply the Planning Department with a surveyed boundary legal description or with a legal description of the proposal in aliquot parts as part of the application. The department may, after discussion with the County Surveyor, accept an alternate legal description if it is adequate to ensure accurate boundaries on the Official Zoning Map of Latah County. (Ord. 392, 8-16-2021)

   A.   The Zoning Commission may recommend the Board of Latah County Commissioners approval of a rezone application if the Zoning Commission finds that the proposed rezone conforms to each of the following criteria:

      1.   The rezone is in accordance with the goals and policies of the Comprehensive Plan.

      2.   The rezone, and the uses it permits, shall not be detrimental to or incompatible with the surrounding area, and the uses permitted in that area.

      3.   The rezone must provide some public benefit that exceeds any costs imposed upon the public.

      4.   The rezone shall not impose a significant burden to any public services.

      5.   The rezone shall not be a spot zone.

   B.   The Zoning Commission may recommend approval for rezone proposals that do not initially meet these criteria, if the applicant can provide substantial mitigation through a written development agreement as provided by subsection 9-6A-4D of this article. The Zoning Commission may also recommend approval for applications not meeting the criteria listed above if the Zoning Commission finds that the rezone is essential to the public health, safety, or welfare. (Ord. 392, 8-16-2021)

   A.   A public hearing before the Zoning Commission shall be held on each complete application received by the Planning Department within six (6) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this six (6) month period, at the end of the six (6) month period the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.

   B.   Notice for the public hearing shall be given as set forth in Idaho Code section 67-6511, or when notice is required to two hundred (200) or more property owners, notice shall be given as set forth in section 9-6B-2 of this chapter.

   C.   The Zoning Commission shall determine whether the proposal conforms to the rezone criteria set forth in section 9-6A-3 of this article. Based on its determination, the Zoning Commission shall recommend the Board of Latah County Commissioners approve or deny the application for rezone.

   D.   The Zoning Commission may recommend, as a condition of approval, that the Board of Latah County Commissioners require the owner or developer to make a written development agreement concerning the use or development of the subject parcel as provided by Idaho Code section 67-6511A. The creation, form, recording, modification, enforcement, and termination of conditional commitments are governed as follows:

      1.   The Board of Latah County Commissioners may require the developer to make a written commitment regarding the specific use and development of the subject property. If required by the Board of Latah County Commissioners, these commitments or conditions shall be considered part of the basis for approval.

      2.   The terms of the written agreement shall be specified in the Board of Latah County Commissioners' written decision. If the Board of Latah County Commissioners adopts the decision of the Zoning Commission, it shall also adopt the Zoning Commission's recommended conditions for approval. The conditions imposed shall be limited to requirements necessary to ensure that the application meets the criteria of section 9-6A-3 of this article.

      3.   Prior to adoption of the zoning map amendment, the agreement shall be submitted to the Board of Latah County Commissioners as a written development agreement that enumerates and describes the conditions for approval. This agreement must include the following:

         a.   The responsibility of current and subsequent property owners to comply with the terms and conditions.

         b.   The statement that failure to meet those terms will result in enforcement proceedings against the applicant and/or reversion of the property to its former designation.

         c.   The statement that this agreement shall be deemed written consent that upon determination by the County that the conditions of approval are not being met, the property be reverted to its original zoning designation and all uses not consistent with that designation shall be considered a violation of this title.

         d.   Notarized signatures of the applicant and the property owner(s).

         e.   Notarized signature of the Chairperson of the Board of Latah County Commissioners. The Board of Latah County Commissioners shall only authorize the Chairman to sign the document if it is determined that the document meets the terms specified for the written agreement as well as the requirements specified in this subsection.

      4.   Once signed by all parties, the applicant shall have the document recorded in the Latah County Recorder's Office. The Board of Latah County Commissioners shall not adopt the zoning map amendment until the document has been recorded by the applicant. Once recorded, the Board of Latah County Commissioners shall adopt, by ordinance, an amendment to the zoning map. This amendment shall reference the development agreement and shall provide that the zoning map be designated in a manner that indicates that the new zoning designation has been assigned specific conditions.

      5.   The agreement shall remain in effect until formally modified or terminated by the Board of Latah County Commissioners, or the property is rezoned. The agreement may be terminated or modified by the Board of Latah County Commissioners with the written permission of the current property owner. Prior to termination or modification, at least one public hearing shall be conducted in accordance with the notice and procedural provisions for a rezone application. Nothing in this chapter shall prevent the Board of Latah County Commissioners from rezoning a property subject to these agreements after four (4) years from the date of approval, or under the restrictions set forth in Idaho Code Title 67, Chapter 65.

   E.   The Zoning Commission shall announce its decision and approve findings of fact and conclusions of law within forty (40) days of closing the public hearing. Once the Zoning Commission has approved its written findings of fact and conclusions of law, the Board of Latah County Commissioners may adopt the Zoning Commission's written findings and conclusions or conduct its own public hearing regarding the application. If the Board of Latah County Commissioners chooses to conduct its own hearing, the Board of Latah County Commissioners shall follow the same criteria and procedures as the Zoning Commission, except that the Board of Latah County Commissioners' decision shall be considered final. If the Board of Latah County Commissioners chooses to make a material change in the recommendation, it shall conduct its own public hearing. If the Board of Latah County Commissioners adopts the Zoning Commission's recommendation for approval or otherwise approves the request for rezone, the Board of Latah County Commissioners shall also adopt by ordinance the approved amendments to the Latah County Zoning Map. If an ordinance is not adopted within one year after the rezone approval because the applicant does not provide adequate information to complete the rezone, the rezone shall be void. (Ord. 392, 8-16-2021)

Legislative amendments to this title which are in accordance with the Latah County Comprehensive Plan may be made after review by the Planning Commission. The Planning Commission shall conduct a public hearing prior to any recommendation for amendment to the Board of Latah County Commissioners. The Board of Latah County Commissioners shall conduct its own public hearing upon receipt of the Planning Commission's recommendation and prior to adoption of any legislative amendment to this title. (Ord. 392, 8-16-2021)

The Planning Commission shall conduct public hearings for amendments to the Zoning Map when that rezone is not initiated by an applicant. The Planning Commission, Zoning Commission, or Planning Department may propose Zoning Map amendments. Notification for a legislative amendment to the Zoning Map shall be advertised as provided for by Idaho Code section 67-6511. Individual notice shall also be mailed to property owners of the land being considered or property owners within three hundred feet (300') of the external boundaries of the affected property. Notice shall also be posted on the property being considered for rezone one week prior to the public hearing. However, when notice is required for more than two hundred (200) property owners, in lieu of the individual notice and the notice posted on the property, the County shall place one advertisement in the official newspaper or newspaper of general circulation. This advertisement shall appear in the newspaper one week prior to each public hearing related to the rezone and shall be in a different format than the legal notice which preceded it. The advertisement shall be titled "Attention Property Owners of Latah County" and shall include a general description of the affected property, the phone number and address of the Planning Department and the time and place of the public hearing. To recommend approval or approve a legislative amendment to the Zoning Map, the Planning Commission and Board of Latah County Commissioners shall find that the proposed amendment is in accordance with the Latah County Comprehensive Plan. (Ord. 392, 8-16-2021)