CHAPTER 26
RECLASSIFICATION OF A ZONING DISTRICT (REZONE)
RECLASSIFICATION OF A ZONING DISTRICT (REZONE)
SECTION:
9-26-1: Applications For Rezones
9-26-2: Applications For Reclassification
9-26-3: Public Hearing And Notice
9-26-4: Criteria For Review
9-26-5: Action By The Commission
9-26-6: Notification By Administrator
9-26-7: Action By Board
9-26-8: Additional Requirements For Reclassification With Development Agreement
9-26-9: Resubmittal
Any person may submit an application for a reclassification of the zoning district to which property is subject, with or without a development agreement, provided such person is the owner of the property or possesses a legally binding option to purchase such property. Any such application shall be governed by the provisions of this chapter. The commission or the board may initiate amendments effecting a reclassification or rezone of property pursuant to the provisions of chapter 31 of this title.
Reclassifying to an inactive zoning district (i.e., R-.4 and R-1/4) is not permitted. (Ord. 2006-15, 10-26-2006; Ord. 98-3, 4-13-1998; Ord. 94-2, 4-4-1994; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
A. Form And Content: Any person seeking a reclassification or a reclassification with a development agreement shall apply to the commission on a form provided by the administrator, accompanied by the fees in section 9-3-9 of this title.
1. Reclassification: An application for a reclassification shall include:
a. A vicinity map showing the lots and parcels on the property in question, on all property within three hundred feet (300') of the exterior boundaries of the property in question and any additional area, as determined by the commission, that may be impacted by the proposed change; and
b. A list of names and addresses of the owners of each parcel required to be included on the vicinity map.
c. When the area to be rezoned is located within a wellhead protection area, the applicant for a rezone shall identify on a map the ten (10) year, six (6) year, three (3) year time of travel zone of the public water system in which the property is located, and all potable water sources within three hundred feet (300') of the boundary of the property being considered.
d. When the proposed zoning district allows permitted or accessory uses that may involve a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area, the applicant shall solicit and document the request for written agency comment from Idaho department of environmental quality, and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, if this is determined by the administrator to be necessary before the application is certified as complete and scheduled for public hearing.
2. Reclassification With Development Agreement: An application for a reclassification with a development agreement shall include:
a. The name, address and phone number of the applicant(s);
b. The present and proposed land use including roadways;
c. The present and proposed zoning and overlay districts;
d. A vicinity map showing the lots and parcels on the property in question, all property within three hundred feet (300') of the exterior boundaries of the property in question and any additional area, as determined by the commission, that may be impacted by the proposed change;
e. A list of names and mailing addresses of the owners of each parcel required to be included on the vicinity map and the name and mailing address of any affected potable water source owner;
f. A proposed site plan showing at a minimum:
(1) Property lines, scale and north arrow;
(2) Location and width of rights of way, easements, canals and ditches;
(3) Building locations;
(4) Traffic access and circulation;
(5) Parking, loading and snow removal areas;
(6) Open space and landscaping;
(7) Existing and proposed grade(s);
(8) Refuse and service areas;
(9) Utilities and signs;
(10) Rendering of building exteriors; and
(11) Any additional materials the administrator considers necessary such as those set forth in subsection 10-4-3F and section 10-6-10 of this code.
g. A list of required permits;
h. The phasing of the project, time of commencement and completion;
i. The phasing of supporting public facilities;
j. A statement setting out how the public would benefit from the project; and
k. When the area to be rezoned is located within a wellhead protection area, the applicant shall identify the ten (10) year, six (6) year, three (3) year time of travel zone of the public water system in which the property is located, and all potable water sources within three hundred feet (300') of the boundary of the property being considered. The applicant shall also identify proposed uses that may involve a potential contaminant source or potential contaminant as set forth in appendix A attached to the ordinance codified herein, on file in the county. The applicant shall solicit and document the request for written agency comment from Idaho department of environmental quality, and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of the public water systems located within the wellhead protection area, if this is determined by the administrator to be necessary before the application is certified as complete and scheduled for public hearing.
l. Such other information that the administrator considers necessary.
B. Screening: In granting rezone applications for light industrial and commercial uses, the board shall require the zones to be visually screened. The cost of the screening is to be borne by the individual(s) obtaining the rezone.
C. Additional Information For Light Industrial Zoning: Prior to any consideration of a rezone application for light industrial zoning, the board shall require the following information:
1. A statement describing how the proposed light industrial area will provide expanded employment opportunities in the county.
2. Information tending to show that the economic benefit of a proposed light industrial area will outweigh the cost of providing services to the area concerned at taxpayer expense.
3. Information tending to show that additional light industrial lands are necessary in light of the unavailability of sufficient land zoned for light industrial uses located either in incorporated or unincorporated areas of the county.
4. A statement describing detrimental and/or beneficial impacts on existing adjacent lands and uses.
5. Design plan which shows:
a. Existence of natural screening, or the provision of reasonable alternatives, to give separation of the proposed light industrial use from surrounding existing uses. The cost of the screening is to be borne by the individual(s) obtaining the industrial rezone.
b. Employee and service traffic flow to and within the proposed light industrial area, and the parking facilities to be provided on site.
c. Location of utilities (water, sewer, gas and electricity).
d. Proposed layout of building(s), including lot coverage and building area.
e. Plans for snow removal. (Ord. 2006-13, 10-26-2006; Ord. 94-2, 4-4-1994; Ord. 92-3, 5-11-1992; Ord. 81-3, 8-24-1981; Ord. 79-4, 9-11-1979; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
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