A.   Planning Commission: It is hereby provided that the City Planning Commission shall also function as, and members thereof shall serve as, the Zoning Commission of the city.

   B.   City Council: Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance after receipt of recommendation thereon from the Planning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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

   A.   By adoption of a motion by the Planning Commission;

   B.   By adoption of a motion by the Council; and

   C.   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 said amendment. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Applications for amendments to the Official Zone Map adopted as part of this title shall contain at least the following information:

   A.   Name, address and phone number of the applicant;

   B.   Proposed amending ordinance, approved as to form by the Council;

   C.   Present land use;

   D.   Present zoning district;

   E.   Proposed use;

   F.   Proposed zoning district;

   G.   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;

   H.   A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land considered;

   I.   A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities and compatibility with the surrounding area; and

   J.   A fee as established by Council. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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; and

   C.   If the request is not in accordance with the adopted Comprehensive Plan, the request shall be submitted to the Planning Commission who shall recommend that the Council may adopt or reject an amendment to the Comprehensive Plan under the notice and hearing procedure provided in Idaho Code section 67-6509. After the Comprehensive Plan has been amended, the Zoning Ordinance may then be amended as hereinafter provided for. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

The Commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text 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 fifteen (15) days prior to the hearing, notice of 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 fifteen (15) days prior to the hearing, notice of 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; three hundred feet (300') 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 two hundred feet (200') or more property owners or residents, in lieu of the mail notification three (3) notices in the official newspaper or paper of general circulation is sufficient, provided that, 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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 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. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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 hearing shall be provided before the Council adopts the amendment.

The Council shall accept the recommendation of the Commission's report unless rejected by a vote of one-half (1/2) plus one of the members.

Upon granting or denying an application to amend the zoning ordinance, the Council shall specify:

   A.   The ordinance and standards used in evaluating the application;

   B.   The reasons for approval or denial; and

   C.   The actions, if any, that the applicant could take to obtain a permit.

In the event the 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Commission on the proposed Comprehensive Plan and zoning ordinance changes for the unincorporated area. Each Commission and the Council shall follow the notice and hearing procedures provided in chapter 10 of this title. Concurrently or immediately following the adoption of an ordinance of annexation, the Council shall amend the Comprehensive Plan and Zoning Ordinance. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Pursuant to Idaho Code section 67-6512, the Council and Commission may issue Conditional Use Permits (CUP).

   A.   Application: A narrative statement shall discuss the general compatibility of the proposed development with adjacent properties and the neighborhood, the relationship of the proposed use to the Comprehensive Plan, and the effects of the following on the adjoining property: noise, glare, traffic generated, vibration, odor, fumes, drainage, building height, massing, and solid waste.

   B.   Studies: The Commission or Council may require that the applicant conduct studies of the social, economic, fiscal, and environmental effects of the proposed use.

   C.   Hearing: Prior to issuing a Conditional Use Permit, at least one public hearing shall be held.

   D.   Authority of Commission to Review Conditional Use Permits: The Commission may, without approval of the Council, grant the following Conditional Use Permits (CUP):

      1.   Churches, synagogues, and temples;

      2.   Day care centers;

      3.   Funeral and crematory services;

      4.   Government buildings;

      5.   Home occupations;

      6.   Household goods warehousing and storage;

      7.   Nursery Schools;

      8.   Parks Reduced.

All other Conditional Use Permits may only be granted after review and recommendation by the Commission and approval by the Council.

   E.   Standards For Approval: The approving body shall review the particular facts and circumstances of each proposed conditional use and shall find adequate evidence to show that the proposed use will comply with the following:

      1.   Be Listed As Conditional Use: Constitute a conditional use as established in this Development Code.

      2.   Comprehensive Plan: Be in accordance with a specific or general objective of the city's Comprehensive Plan and the regulations of this title.

      3.   Harmony With Adjacent: Be designed and constructed in a manner to be harmonious with the existing character of the neighborhood and the zone in which the property is located.

      4.   Nuisance: Not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation, or interference with pedestrian traffic.

      5.   Public Facilities And Services: The use will be adequately served by essential public facilities and services such as street access, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use.

      6.   Traffic: Not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points.

      7.   Buffers: Be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic, and parking.

      8.   Slope And Soil: Be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazard unless suitably designed to protect lives and property.

      9.   Historic Features: Not result in the destruction, loss or damage of a historic feature of significance to the community of Rigby.

      10.   Supplementary Conditions And Safeguards: In granting a Conditional Use Permit, the approving body may prescribe appropriate conditions and safeguards. Such conditions to be attached to the permit may include but not be limited to:

         a.   Minimizing adverse impact on other developments.

         b.   Controlling the sequence and timing of development.

         c.   Controlling the duration of development.

         d.   Assuring the development is properly maintained.

         e.   Designating the exact location and nature of development.

         f.   Requiring the provision for on-site or off-site public facilities of services.

         g.   Requiring more restrictive standards than those generally required in this title.

   F.   Action By The Commission/Council: The Commission or Council may deny the request.

   G.   Formal Notice: Formal notice will be sent to applicant after approval of a Conditional Use Permit.

   H.   Notice will state the conditions of the permit.

   I.   Time Limit: If conditions are violated or not met, there will be a ninety (90) day period to cure the problem. Failure to comply with the terms may result in revocation of the Conditional Use Permit. (Ord. 2021-619, 9-14-2021)

When it is made to appear by application to the Commission and when it is recommended by said Commission after a public hearing preceded by fifteen (15) days' public notice in the official newspaper, the Council may grant a variance from any provision or provisions of this title providing it is made to appear at such hearing, by clear and convincing evidence, that strict application of the provisions and restrictions of this title would work an extreme hardship and a unique hardship upon a particular property owner or upon particular property owners. Whenever a hearing is held upon the application for a variance, a record shall be kept and transcribed of the same and all expenses of said hearing, including costs of transcript and notice, shall be borne by the applicant.

It is further provided that a variance may be granted only upon a clear showing that there will not be a detrimental effect by granting said variance upon the health, safety, morals, or general welfare of the community and only upon a clear showing that the purpose and intent of this title will be preserved insofar as possible without resulting in an unnecessary and unreasonable hardship upon the particular property owner petitioning for said variance.

It is further provided that when a variance is granted, it must be shown by a preponderance of the evidence that the hardship, relied upon in said petition for a variance, is related primarily to the particular property for which the variance is desired as distinguished from conditions which create hardships of similar nature to all property owners in the respective zone. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

   A.   Effective October 1, 2002, a fee in the amount of five hundred dollars ($500.00) for requests for special use, conditional use permit, variance, ordinance change or any other administrative decision requiring hearing, or for such additional costs which may be incurred.

   B.   The five hundred dollar ($500.00) fee shall be used to pay for the following costs: mailing, copying, posting, advertising and associated labor.

   C.   Review and inspection time required by staff for Planning and Zoning requests shall be charged at sixty dollars ($60.00) per hour.

   D.   The fee may be modified by resolution of the Council subject to the limitations of law. (Ord. 501, 10-1-2002; amd. Ord. 2021-619, 9-14-2021)