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Winchester City Zoning Code

CHAPTER 10

AMENDMENTS

8-10-1: AUTHORITY:

Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Council may, by ordinance amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property. (Ord. 275, 4-2-2015; amd. 2018 Code)

8-10-2: INITIATION OF ZONING AMENDMENTS:

Amendments to this title may be initiated in one of the following ways:
   A.   By adoption of a motion by the City Council; and
   B.   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. 275, 4-2-2015; amd. 2018 Code)

8-10-3: CONTENTS OF APPLICATION:

Applications for amendments to the official zoning map adopted as part of this title shall contain at least 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 City Clerk- Treasurer showing property lines, thoroughfares, existing and proposed zoning, and such other items as the City Clerk- Treasurer 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 being considered.
   I.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities, and compatibility with the surrounding area. (Ord. 275, 4-2-2015)

8-10-4: TRANSMITTAL TO CITY COUNCIL:

Zoning districts shall be amended in the following manner:
   A.   Requests for an amendment to the zoning ordinance shall be submitted to the City Council 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 City 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 City Council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures 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. 275, 4-2-2015; amd. 2018 Code)

8-10-5: PUBLIC HEARING; ACTION BY CITY COUNCIL:

   A.   The City Council, prior to adopting, revising, or rejecting an amendment to the zoning ordinance, shall conduct at least one public hearing per Idaho Code section 67-6509 hearing requirements.
   B.   The Council shall accept the amendment unless rejected by a vote of one-half (1/2) plus one of the members. (Ord. 275, 4-2-2015; amd. 2018 Code)
   C.   Upon granting or denying an application to amend the zoning ordinance, the City Council shall specify in writing:
      1.   The ordinance and standards used in evaluating the application;
      2.   The reasons for approval or denial; and
      3.   The actions, if any, that the applicant could take to obtain a permit.
   D.   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. 275, 4-2-2015)

8-10-6: RESUBMISSION OF APPLICATION:

No application for a reclassification of any property which has been denied by the City 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. 275, 4-2-2015)

8-10-7: ZONING UPON ANNEXATION:

Prior to annexation of an unincorporated area, the Council shall request and receive any proposed comprehensive plan and/or zoning ordinance changes for the unincorporated area. The City Council shall follow the notice and hearing procedures provided in section 8-6-5 of this title. Concurrently or immediately following the adoption of an ordinance for annexation, the Council shall amend the comprehensive plan and zoning ordinance accordingly.
(Ord. 275, 4-2-2015; amd. 2018 Code)