A. Permitted: A zoning ordinance map amendment, as defined in subsection 17.14.010B of this chapter, may be made conditional upon the owner or developer of the property to be rezoned making a commitment concerning the use or development of the subject parcel. Any such written commitment shall be made in accordance with Idaho Code section 67-6511A and may be made as part of a development agreement entered into between the city and the owner or developer.
B. Recording Required: Commitments, whether part of a development agreement or not, shall be recorded in the office of the Blaine County recorder and shall take effect upon the adoption of the zoning ordinance map amendment. Unless modified or terminated by the council, any such commitment shall be binding upon the owner of the property, each subsequent owner, and each other person acquiring an interest in the subject property.
C. Modifications: A commitment may be modified only by permission of the council after compliance with the notice and hearing requirements of Idaho Code section 67-6509, as amended. A commitment may be terminated, and the zoning designation upon which it was based reversed, upon failure of the requirements in the commitment after a reasonable time as determined by the council, or upon failure of the owner or developer, each subsequent owner, or each other person acquiring an interest in the subject property, to comply with the conditions in the commitment, and after the council complies with the notice and hearing provisions of Idaho Code section 67-6509, as amended. A written commitment shall be deemed written consent to reverse the zoning designation upon the failure of conditions imposed by the commitment in accordance with Idaho Code section 67-6511A, as amended, and this section. (Ord. 1191, 2015)