Whenever the public necessity, convenience, and general welfare or good zoning practices require, the City Council may, by ordinance and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
A. New And Unlisted Uses: It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Hayden. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use, or a use for which the Community Development Director cannot make a determination that it is similar to other uses, and therefore is a prohibited form of land use, shall be made as follows:
1. The question concerning any new or unlisted use shall be accompanied by a statement of facts listing the nature of the use, including, but not limited to, whether it involves dwelling activity, sales, processing, type of project, storage, enclosed or open storage, anticipated employment and the amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated;
2. The Council shall consider the nature and describe the performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the type of zone within which such use should be permitted.
B. Amendment To Zoning Map: An amendment to change the zoning map may be initiated by the council, or an application to amend the zoning map may be made by the owner or contract buyer of the subject property by filing an application and a petition electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the applicant.
C. Amendment To Text Of Zoning Ordinance: An amendment to the text of the zoning ordinance may be initiated by the City Council, or an application to amend the text may be made by filing an application and petition in writing filed electronically with the Community Development Department as specified herein. Application fees, advertisement and notice costs shall be paid by the petitioner.
D. Application For Zone Map Change: Application for amendments to the official zoning map shall contain at least the following information:
1. Name, address and telephone number of applicant;
2. Present land use;
3. Present zoning district;
4. Proposed land use;
5. Proposed zoning district;
6. A vicinity map (drawn to a readable scale) showing property lines, thoroughfares, linear feet measurements for all parcels of land within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and the existing zoning district for each parcel;
7. A list of all property owners and purchasers and their mailing addresses who are within 300' of the external boundaries, streets and alleys excluded, of the land being considered and keyed to the vicinity map;
8. A certificate of a reputable title insurance company licensed under the laws of the state of Idaho, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon the tax rolls of the county assessor of Kootenai County within the land being considered. The cost of the title report shall be the sole responsibility of the applicant.
9. A statement on how the proposed amendment meets the standards of approval specified in subsection 11-1-7(E)(6) of this chapter.
E. Amendment Procedures:
1. Agency and Public Notice: Once the City staff has reviewed the application and the staff has determined that the application is complete and that sufficient information regarding the proposal can be provided, notice will be provided to involved public agencies, as identified by the City. This notice shall allow 14 days for agency comment and the results of the agency comment shall accompany and be incorporated in summary in the staff report. At least 15 days prior to the hearing notice of the amendment, shall be published in the official newspaper of the City of Hayden, and additional notice by first class mail shall be provided to property owners and purchasers within 300', excluding streets and alleys, of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the Council. When notice is required to 200 or more property owners or purchasers of record, notice may be given through a display advertisement at least four inches by two columns in size in the official newspaper of the City at least 15 days prior to the hearing date, in addition to site posting on all external boundaries of the site, in lieu of mailed notice.
2. Planning and Zoning Commission Public Hearing: At, or prior to, the public hearing, the City staff will provide a report to the Planning and Zoning Commission.
3. Planning and Zoning Commission Recommendation: After the Planning and Zoning Commission has reviewed the amendment at the public hearing, the commission shall forward a written recommendation to the City Council. The commission shall recommend approval or disapproval of the amendment as soon as practicable.
4. City Council Public Hearing: No additional agency notice shall be required in advance of this public hearing, unless the Planning and Zoning Commission recommendation consists of a material change from what was requested. All other noticing requirements shall follow those identified in 11-1-7(E)(1). At, or prior to, the public hearing, the City staff will provide a report to the City Council.
5. City Council Decision: Upon receipt of the Written Recommendation from the Planning and Zoning Commission, and public hearing notice, the amendment request will be placed on the next available City Council agenda. The City Council, upon receipt of the recommendations from the Planning and Zoning Commission, and after opportunity to review the file and minutes from the Planning and Zoning Commission public hearing, and after receiving testimony at a public hearing with the City Council shall act upon the request.
a. The City Council prior to adopting, revising, or rejecting the amendment to the zoning ordinance or map, and having made no material change from what was presented at the Planning and Zoning Commission and/or City Council public hearing, shall make a decision.
b. Upon granting or denying an application to amend the text of the zoning ordinance or the zoning map, 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.
c. In the event that City Council shall approve an amendment, such an amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance and/or the City zone map duly amended as identified by the decision.
6. Additional Public Hearing: Following the City Council’s public meeting hearing, if the City Council makes a material change from what was presented at the public hearing(s), further notice and an additional public hearing shall be provided before the City Council makes a final decision.
7. Standards Of Approval: If the request meets the following standards of approval, the City Council may adopt the ordinance amendment:
a. The Commission shall consider the existing zoning district or regulations, and may recommend approval, conditional approval, modification, or denial of the proposal or the commission may defer action until completion of such studies or plans as may be necessary to determine the advisability of the proposal.
b. The City Council may impose conditions upon rezoning where such conditions are required to ensure that proposed uses of the area are consistent with community needs and its public health, safety, and general welfare. The Planning and Zoning Commission may recommend conditions upon rezoning for the City Council’s consideration.
c. Amendments to the zone map and zone text shall be in accordance with the Future Land Use Map and the goals and policies found in the Hayden Comprehensive Plan.
d. Amendments to the zone map and zone text shall align with the zone district’s purpose and intent.
e. Amendment to the zone map and zone text shall be consistent with the neighborhood contexts.
8. Amendment to Comprehensive Plan: 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 section 67-6509, Idaho Code. After the comprehensive plan has been amended as hereinafter provided for, the City Council shall hold a public hearing and make a decision on the proposed zoning amendment. (Ord. 619, 4-13-2021; amd. Ord. 631, 5-10-2022; Ord. 645, 3-23-2023)