Application and procedure for reclassification of zoning districts, or changing zones, shall be as follows:
- Reclassification Initiated: An application for reclassification may be initiated by a property owner(s), the planning and zoning commission, or city council. City council shall approve an application form and fee schedule.
- Application: The application shall include reasons for reclassification, discussion of zoning classification(s), and agreements as set forth in this code to allow inspection, pay costs, provide mailing labels, and post notice.
- Compliance With State Statute: Planning and zoning procedures shall comply with Idaho Code 67-65 with regard to comprehensive planning policies, where necessary, and zoning classifications.
- Development Agreement: The city and the landowner(s) may enter into a development agreement that addresses conditions specific to the property to be reclassified. Such an agreement becomes part of the application and is subject to public hearing and rules for administrative action.
- Notice: Notice shall be posted on the property at least one week prior to each public hearing. The administrator shall issue a suitable placard to the applicant. The applicant shall be responsible for posting the placard on the property.
- Planning And Zoning Commission:
- The planning and zoning commission shall conduct at least one public hearing in compliance with the notice and hearing requirements of Idaho Code 67-6509 and 67-6511. These statutes require notification by letter of owners of land within three hundred feet (300') of the land being considered, or by publication in the newspaper in case of two hundred (200) or more such owners. In addition to notice required in Idaho Code 67-6509 and 67-6511, owners of lands that abut the lands to be reclassified or are located directly across a public right of way from them shall be notified by letter regardless of the number of landowners and regardless of jurisdictional boundaries.
- The planning and zoning commission shall conduct a public hearing within sixty three (63) days of determining that the application is complete. The planning and zoning commission shall recommend approval or denial within thirty five (35) days after its final public hearing, unless this time limit is extended by mutual agreement with property owners.
- Within fourteen (14) days after action, the planning and zoning commission shall report its recommendation to city council, including:
- Documentation of the ordinances and standards used in weighing the application;
- The reasons for approval or denial; and
- Actions, if any, that the applicant could take to obtain approval.
- City Council:
- City council may hold public hearings additional to those required by law.
- City council shall not overrule or materially change the recommendation of the planning and zoning commission without having held a public hearing.
- Within thirty five (35) days after its final public hearing or after receiving the recommendation of the planning and zoning commission, whichever is later, city council shall approve or deny the application, unless this time limit is extended by mutual agreement with property owners.
HISTORY
Adopted by Ord. 290 on 10/14/2010