Montpelier City Zoning Code
AMENDMENTS TO
ZONING CODE
§ 153.205 GENERAL PROVISIONS.
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.
(Prior Code, § 17.72.010)
§ 153.206 INITIATION OF ZONING AMENDMENTS.
Amendments to this chapter 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; or
(C) By the filing of 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.
(Prior Code, § 17.72.020)
§ 153.207 CONTENTS OF APPLICATION.
Applications for amendments to the official zoning map adopted as part of this chapter 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) Proposed use;
(E) Proposed zoning district;
(F) A vicinity map at a scale approved by the Administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the Administrator may require;
(G) A list of all property owners and their mailing addresses who are within 300 feet of the external boundaries of the land being considered;
(H) A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area; and
(I) A fee as established by the Council.
(Prior Code, § 17.72.030)
§ 153.208 TRANSMITTAL TO COMMISSION.
Zoning districts shall be amended in the following manner.
(A) Requests for an amendment to the zoning ordinance 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 the adopted 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.
(C) If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the Planning and Zoning 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 § 67-6509. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided for.
(Prior Code, § 17.72.040)
§ 153.209 COMMISSION PUBLIC HEARING.
The Commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of test or map revisions.
(A) Zoning ordinance text amendment. The Commission, prior to recommending a zoning ordinance text amendment to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least 15 days prior to the hearing, notice of the time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. 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 ordinance map amendment. The Commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least 15 days prior to the hearing, notice of the time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents within the land being considered and within 300 feet 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 Commission. When notice is required to 200 or more property owners or residents, in lieu of the mail notification, three notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears ten 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 amendment with its recommendation to the Council.
(Prior Code, § 17.72.050)
§ 153.210 RECOMMENDATION BY COMMISSION.
After adequate information has been acquired and the Commission has been given sufficient time to consider the findings and deliberate, 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.
(Prior Code, § 17.72.060)
§ 153.211 ACTION BY THE COUNCIL.
(A) The Council, prior to adopting, revising or rejecting the amendment to the zoning ordinance 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 the 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.
(B) The Council shall accept the recommendation of the Commission’s report unless rejected by a vote of one-half plus one of the members.
(C) Upon granting or denying an application to amend the zoning ordinance, the Council shall specify:
(1) The ordinance and standards used in evaluating the application;
(2) The reasons, facts and findings for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
(D) In the event the Council shall approve an amendment, such amendment shall thereafter be made a part of this chapter upon the preparation and passage of an ordinance.
(Prior Code, § 17.72.070)
§ 153.212 RESUBMISSION OF APPLICATION.
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 purpose 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.
(Prior Code, § 17.72.080)
§ 153.213 ZONING UPON ANNEXATION.
(A) Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed comprehensive plan and zoning ordinance changes for the unincorporated area.
(C) Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the comprehensive plan and zoning ordinance.
(Prior Code, § 17.72.090)
§ 153.999 PENALTY.
(A) Violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor.
(B) Each day such violation continues shall be considered a separate offense.
(C) The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense.
(D) Nothing herein contained shall prevent the Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this chapter or the state code.
(Prior Code, § 17.68.060)