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Preston City Zoning Code

CHAPTER 17

50 ZONING AMENDMENTS

17.50.010 Generally

Whenever the public necessity, 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. Proposed changes shall be analyzed to ensure that they are not in conflict with the policies of the City Comprehensive Plan. An amendment that singles out a parcel of land for use inconsistent with the permitted use in the rest of the zoning district for the benefit of an individual property owner is generally considered to be inconsistent with the City Comprehensive Plan

(Ord. 443 Ch. 7 § 1, 1979), (Ord. 2025-2 § 1, 2025)

17.50.020 Initiation Of Zoning Amendments

Amendments to this title may be initiated in one (1) of the following ways:

  1. By adoption of a motion by the commission;
  2. By adoption of a motion by the council; and
  3. By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by the amendment.

(Ord. 443 Ch. 7 § 2, 1979)

17.50.030 Contents Of Application

Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:

  1. Name, address and phone number of applicant;
  2. Proposed amending ordinance, approved as to form by the council;
  3. Present land use;
  4. Present zoning district;
  5. Proposed use;
  6. Proposed zoning district;
  7. A vicinity map at a scale approved by the commission showing property lines, thoroughfares, existing and proposed zoning and such other items as the commission may require;
  8. A list of all property owners and their mailing addresses who are within three hundred (300) feet of the external boundaries of the land being considered;
  9. A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area;
  10. A statement describing why the present zoning district is not sufficient for the proposed use; and
  11. A fee as may be established periodically by the council.

(Ord. 443 Ch. 7 § 3, 1979), (Ord. 2025-2 § 1, 2025)

17.50.040 Transmittal To Commission

Zoning districts shall be amended in the following manner:

  1. 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;
  2. 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 provide in this chapter; and
  3. 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 Section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as provided in this chapter. The hearings on the comprehensive plan and the proposed change to the zoning ordinance may be held concurrently.

(Ord. 443 Ch. 7 § 4, 1979)

17.50.050 Commission Public Hearing

The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

  1. Zoning Ordinance Text Amendment. The commission, prior to recommending a zoning ordinance text amendment to the council, shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and a summary of 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 commission forwards the amendment with its recommendation to the council.
  2. 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 (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio or television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice of the hearing shall also be provided by the applicant to property owners and residents within the land being considered, three hundred (300) feet beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission. The applicant shall provide the clerk with the signatures of such property owners acknowledging that they have received such notice. When notice is required to two hundred (200) or more property owners or residents, in lieu of mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, 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 amendment with its recommendation to the council.

(Ord. 443 Ch. 7 § 5, 1979)

17.50.060 Recommendation By Commission

Within sixty (60) days from the receipt of the proposed amendment, 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 a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall insure that any favorable recommendations for amendments are in accordance with the comprehensive plan and established goals and objectives.

(Ord. 443 Ch. 7 § 6, 1979)

17.50.070 Action By Council

  1. The city council, prior to adopting, revising or rejecting the amendment to the zoning ordinance as recommended by the planning and zoning commission, may conduct at least one (1) public hearing using the same notice and hearing procedures as the planning and zoning commission. Following any city council hearing, if the city council makes a material change from what was recommended by the planning and zoning commission, further notice and hearing shall be provided before the city council adopts the amendment.
  2. In the event the city council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance.

(Ord. 443 Ch. 7 § 7, 1979)

17.50.080 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 purposes within a period of one (1) 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.

(Ord. 443 Ch. 7 § 8, 1979)

17.50.090 Zoning Upon Annexation

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. The commission and the city council shall follow the notice and hearing procedures provided in Section 17.40.060. Concurrently or immediately following the adoption of an ordinance of annexation, the council shall amend the comprehensive plan and zoning ordinance.

(Ord. 443 Ch. 7 § 9, 1979)