64 - Zone and Ordinance Amendment and Adoption Procedure2
Editor's note— Ord. No. 686, § 1, adopted June 23, 2021, amended Ch. 17.64 by changing the title from "Amendments" to "Zone and Ordinance Amendment and Adoption Procedure".
This title may be amended whenever the council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend any other provisions of this section or the whole of this title.
(Ord. 445 Ch. 3 §1A1, 1981; Ord. No. 686, § 1, 6-23-2021).
An amendment to the text of this title or to the official zoning map may be initiated by the planning commission or the city council or by an application of one or more of the owners of property affected by the proposed amendment.
(Ord. 445 Ch. 3 §1A2, 1981; Ord. No. 686, § 1, 6-23-2021).
Applications from a property owner shall be filed with the planning commission on forms prescribed by the planning commission, accompanied by such data and information necessary to assure the fullest presentation of facts. Applications shall contain 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.
Present zoning district;
E.
Proposed use;
F.
Proposed zoning district;
G.
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;
H.
A list of all property owners and their mailing addresses who are within one thousand feet of the external boundaries of the land being considered;
I.
A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities, utilities and compatibility with the surrounding areas.
(Ord. 445 Ch. 3 §1A3, 1981; Ord. No. 686, § 1, 6-23-2021).
No application from an owner of property for the same general purpose concerning the same property which has been denied by the city shall be received or processed by the secretary of the commission within twelve months of such denial except by unanimous action of the planning commission, unless there is an amendment to the comprehensive plan which applies to the property in question.
(Ord. 445 Ch. 3 §1A4, 1981; Ord. No. 686, § 1, 6-23-2021).
A filing fee shall be paid at the time of the filing by the owner or owner's representative but no fee will be required in the case of proceedings instituted by either the council or the planning commission.
(Ord. 445 Ch. 3 §1A5, 1981; Ord. No. 686, § 1, 6-23-2021).
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.
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 Section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided for. The hearing on the comprehensive plan and the proposed change to the zoning ordinance may be held concurrently.
(Ord. 445 Ch. 3 §1B, 1981; Ord. No. 686, § 1, 6-23-2021).
The commission shall hold at least one (1) or more workshop meetings and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. Public notice and hearing requirements for text and map amendments to the zoning ordinance shall comply with the notice and hearing requirements set forth in the Idaho Code.
(Ord. 445 Ch. 3 §1C (part), 1981; Ord. No. 686, § 1, 6-23-2021; Ord. No. 708, § 1, 12-18-2024).
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.080 in its entirety. Former § 17.64.080 pertained to procedure for text amendment and derived from Ord. 445, Ch. 3 § 1C 1, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.090 in its entirety. Former § 17.64.090 pertained to procedure for map amendment and derived from Ord. 445, Ch. 3 § 1C 1, adopted in 1981; Ord. 453, § 1, adopted in 1982; Ord. 456, § 2, adopted in 1982 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.100 in its entirety. Former § 17.64.100 pertained to recommendation by commission and derived from Ord. 445, Ch. 3 § 1D, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.110 in its entirety. Former § 17.64.110 pertained to action by council and derived from Ord. 445, Ch. 3 § 1E, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.
64 - Zone and Ordinance Amendment and Adoption Procedure2
Editor's note— Ord. No. 686, § 1, adopted June 23, 2021, amended Ch. 17.64 by changing the title from "Amendments" to "Zone and Ordinance Amendment and Adoption Procedure".
This title may be amended whenever the council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend any other provisions of this section or the whole of this title.
(Ord. 445 Ch. 3 §1A1, 1981; Ord. No. 686, § 1, 6-23-2021).
An amendment to the text of this title or to the official zoning map may be initiated by the planning commission or the city council or by an application of one or more of the owners of property affected by the proposed amendment.
(Ord. 445 Ch. 3 §1A2, 1981; Ord. No. 686, § 1, 6-23-2021).
Applications from a property owner shall be filed with the planning commission on forms prescribed by the planning commission, accompanied by such data and information necessary to assure the fullest presentation of facts. Applications shall contain 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.
Present zoning district;
E.
Proposed use;
F.
Proposed zoning district;
G.
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;
H.
A list of all property owners and their mailing addresses who are within one thousand feet of the external boundaries of the land being considered;
I.
A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities, utilities and compatibility with the surrounding areas.
(Ord. 445 Ch. 3 §1A3, 1981; Ord. No. 686, § 1, 6-23-2021).
No application from an owner of property for the same general purpose concerning the same property which has been denied by the city shall be received or processed by the secretary of the commission within twelve months of such denial except by unanimous action of the planning commission, unless there is an amendment to the comprehensive plan which applies to the property in question.
(Ord. 445 Ch. 3 §1A4, 1981; Ord. No. 686, § 1, 6-23-2021).
A filing fee shall be paid at the time of the filing by the owner or owner's representative but no fee will be required in the case of proceedings instituted by either the council or the planning commission.
(Ord. 445 Ch. 3 §1A5, 1981; Ord. No. 686, § 1, 6-23-2021).
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.
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 Section 67-6509, Idaho Code. After the comprehensive plan has been amended, the zoning ordinance may then be amended as hereinafter provided for. The hearing on the comprehensive plan and the proposed change to the zoning ordinance may be held concurrently.
(Ord. 445 Ch. 3 §1B, 1981; Ord. No. 686, § 1, 6-23-2021).
The commission shall hold at least one (1) or more workshop meetings and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. Public notice and hearing requirements for text and map amendments to the zoning ordinance shall comply with the notice and hearing requirements set forth in the Idaho Code.
(Ord. 445 Ch. 3 §1C (part), 1981; Ord. No. 686, § 1, 6-23-2021; Ord. No. 708, § 1, 12-18-2024).
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.080 in its entirety. Former § 17.64.080 pertained to procedure for text amendment and derived from Ord. 445, Ch. 3 § 1C 1, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.090 in its entirety. Former § 17.64.090 pertained to procedure for map amendment and derived from Ord. 445, Ch. 3 § 1C 1, adopted in 1981; Ord. 453, § 1, adopted in 1982; Ord. 456, § 2, adopted in 1982 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.100 in its entirety. Former § 17.64.100 pertained to recommendation by commission and derived from Ord. 445, Ch. 3 § 1D, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.
Editor's note— Ord. No. 708, § 1, adopted Dec. 18, 2024, repealed § 17.64.110 in its entirety. Former § 17.64.110 pertained to action by council and derived from Ord. 445, Ch. 3 § 1E, adopted in 1981 and Ord. 686, §1, adopted June 23, 2021.