The purpose of this chapter is to set forth the procedure for securing a zone change. (Ord. 57, 4-18-1988)

Any change, modification, or reclassification of zones may be initiated by the board of county commissioners, the planning and zoning commission, or by application of one or more property owners, purchasers or holders of valid options to purchase property. When the application for change, modification or reclassification is initiated by a property owner, purchaser or holders of valid options to purchase property, the procedure set forth herein shall be followed, except that the commission may, subject to the provisions for notice and publication of hearing, enlarge, expand and amplify a petition for change in reclassification of a zone or a planned use classification. (Ord. 57, 4-18-1988)

Every person seeking a reclassification of any land regulated by this chapter shall file with the planning and zoning administrator an application, upon a form prescribed by the planning and zoning commission, accompanied by a filing fee as specified by the schedule of fees on file in the office of the county clerk. All applications for rezone shall conform to the requirements of Idaho Code section 67-6511, as it may be amended, modified, altered or changed. (Ord. 2009-03, 6-15-2009)

   A.   Test Well Drilling:

      1.   Before the planning and zoning commission may consider an application for a rezone preliminary to consideration of a subdivision of any kind which will consist of eight (8) or more lots, the applicant shall first drill a test well upon the property. The well shall be constructed in accordance with those regulations applicable to test wells as promulgated by the state of Idaho, department of water resources. The performance of the well and the accuracy of the test results shall be certified by a licensed geologist or by a licensed professional engineer. Prior to submission to the commission, the results shall be disclosed to the administrator and shall show that there is water available at the rate of at least five (5) gallons per minute per lot or ten (10) gallons per acre per minute, whichever is greater. If the test results show that the required water is available, the administrator shall set the request for public hearing before the commission. If the results show that the requirements for water are not met, then the application shall be rejected. Provided, however, upon request of the applicant, the matter may be set before the commission to consider modifying the water requirement. If the commission finds that some proposed design in the subdivision would make meeting the water requirements unnecessary, the commission may allow the application to proceed to public hearing. The test well report should show findings on the flow, sustainable levels, and arsenic and nitrates levels. A deviation from the requirements may be requested.

      2.   The available water shall be potable and shall meet, or with reasonable treatment, be able to meet all drinking water standards as required by the state of Idaho, department of health and welfare, division of environmental quality and by the United States of America, environmental protection agency. In the event that the contaminant levels are at an unhealthy level the request could be denied.

      3.   In the event a proposed subdivision is to be developed with landscaping that requires no irrigation, the board may decrease the amount of available water required for subdivision approval.

   B.   Adjacent Property; List Of Landowners: The planning and zoning commission shall prescribe the form, scope, and content of such application, and the data required to be furnished in connection therewith. Each such application shall include a map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries thereof, together with the list of the names and addresses of the last known owners of each lot or parcel, insofar as they are of record with the county assessor.

   C.   Inclusion Of Drainage And Fire Plans: Application shall include a drainage plan and a fire suppression plan complete with recommendation from appropriate local or state fire department.

   D.   Information, Plans And Maps: Every application shall contain or be accompanied by all information, plans, and maps to scale and other data necessary to assure full presentation of pertinent facts for the records and to assist in making a determination in harmony with the objectives of this title. No application shall be accepted by the planning and zoning administrator unless it is complete and in compliance with all such requirements and contains that information set forth in section 8-9-2 of this title, together with a designation of the proposed zone classification. (Ord. 2009-03, 6-15-2009)

(Ord. 2009-03, 6-15-2009)

   A.   Publication Of Notice: Notice of time, place and purpose of each public hearing held by the planning and zoning commission shall be given by publication in a newspaper of general circulation in the county at least fifteen (15) days prior to such hearing.

   B.   Written Notice By Mail: When the public hearing is before the planning and zoning commission on a proposed change, modification or reclassification and the enlargement, expansion and amplification thereof, notice shall be given by the applicant to the planning and zoning administrator who shall deliver said notice by regular U.S. mail to each property owner whose name and address appears on the list accompanying such application.

   C.   Notice To Over Two Hundred Property Owners: When notice is required to two hundred (200) or more property owners or residents, alternate forms of procedures which would provide adequate notice may be provided in lieu of mailed notice.

   D.   Modification Proposed By Planning And Zoning Commission: In the event the commission originates, enlarges, extends and amplifies the application for the change, modification or reclassification of property, zone or land use classification, the administrator shall be required to ascertain the names and addresses of the last known owners as the same appears on the records of the land area sought to be enlarged, extended or amplified. The notice shall give the date, time and place of hearing, the name of the applicant, and relief sought, and identification of the property, and such other facts as may be prescribed by the commission.

   E.   Continuance Of Hearing: In any public hearing, the presiding officer may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required. (Ord. 2009-03, 6-15-2009)

   A.   Factors Considered: The planning and zoning commission and board of county commissioners shall review the particular facts and circumstances of each proposed zone change and take the following factors into consideration:

      1.   The compatibility of the proposed zone with surrounding uses and zones;

      2.   Availability of power, water, sewer, fire protection, police protection and school facilities;

      3.   Access to highways;

      4.   Burdens imposed upon taxing entities for services which will have to be provided;

      5.   Location in relation to floodplain and airport approaches;

      6.   Easements, encumbrances, adverse interests;

      7.   The opinions of surrounding landowners entitled to notice;

      8.   Availability of drainage structures and refuse disposal;

      9.   Opinions of other local or state agencies required to provide services or issue permits;

      10.   Zone change will not set a precedence for future uses incompatible with existing uses;

      11.   Compatibility or conflict with the comprehensive plan;

      12.   Any other factors relevant to the suitability of rezoning the property.

   B.   Written, Drafted Or Illustrated Proposals: Before permitting a reclassification of zones, the planning and zoning commission may require a written proposal whereas streets, sewers, public utilities, curbs, gutters and anticipated future development is presented illustrating the above set forth factors. (Ord. 2009-03, 6-15-2009)

   A.   Report Of Planning And Zoning Commission: At every hearing before the commission, the commission shall hear all persons interested in the subject matter. Not later than sixty (60) working days after the conclusion of the hearing, the commission shall file a report stating the action taken by the commission at such hearing or its recommendation to the board of county commissioners.

   B.   Action By Board Of County Commissioners: The board of county commissioners shall either approve, disapprove or modify the recommendations of the planning and zoning commission. The board shall hold a public hearing, in accordance with section 8-11-6 of this chapter. (Ord. 57, 4-18-1988)

In the event the board of county commissioners shall have approved or modified the recommendation of the planning and zoning commission, the board shall cause to be prepared the appropriate ordinance of amendment. (Ord. 57, 4-18-1988)

No application for the change or reclassification of any property, zone or land use classification which has been denied by the board of county commissioners shall be resubmitted in either the same or substantially the same form, with reference to substantially the same premises or the same purpose, within one year from the date of final action thereon. Any party adversely affected by any action of the planning and zoning commission or board of county commissioners may appeal pursuant to the appellant procedures herein contained. (Ord. 57, 4-18-1988)