A. Purpose: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map.
B. Initiation Of An Amendment:
1. Private Property Owner Initiation: An owner of private property within the municipal boundary of the city of Pocatello or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to planning and development services.
2. City Initiation: The city council, planning and zoning commission or the planning and development services director may initiate action to amend the text of this title or to amend the zoning district map.
3. Annexation Of Land: The city shall apply the designation of a comprehensive plan district and a zoning district for land annexed into the city concurrent with the annexation process.
C. Application: An application for zoning map and/or ordinance text change must be filed with planning and development services and include all information and fees outlined in the application.
D. Hearings And Notices: Hearings and notices for ordinance text amendments and zoning map amendments shall be subject to section 17.02.300 of this chapter.
E. Criteria For Review: The planning and zoning commission and city council shall review the facts and circumstances of each proposal in terms of the following standards:
1. How the requested zoning at the location in question would be in the community's best interest;
2. How the list of uses permitted by the zoning ordinance would blend with surrounding land uses;
3. If the subject site is physically suitable for the type and intensity of land uses permitted under the proposed zoning district;
4. If the uses permitted in the proposed zoning district would be adequately served by public facilities and services such as thoroughfares, police and fire protection, drainage, refuse disposal, water, sewer, and schools, to ensure the public health, safety and general welfare;
5. If the uses permitted in the proposed zoning district would be compatible in terms of their scale, mass, coverage, density, and intensity with adjacent land uses;
6. Whether the proposed zoning designation is consistent with the comprehensive plan land use map designation.
F. Criteria For Zoning Ordinance Text Amendment: The planning and zoning commission and the city council shall review the facts and circumstances of a proposed amendment to the text of the zoning ordinance based on all of the following standards:
1. The proposed text amendment would be in the community's best interest.
2. The proposed text amendment is consistent with the existing provisions of the zoning ordinance.
3. The proposed text amendment is consistent with existing provisions of the comprehensive plan.
G. Planning And Zoning Commission Action: After notice, the planning and zoning commission shall hold a hearing to consider the request and render a recommendation. The commission shall submit findings of fact and recommendations to the city council within forty five (45) days following closure of the public hearing.
H. City Council Action: The city council shall hold a public hearing (as prescribed under section 17.02.300 of this chapter) within forty five (45) days of receipt of the planning and zoning commission's recommendation. Following official closure of the public hearing the council shall issue their findings within forty five (45) days of the hearing's closure.
I. Limitation On Resubmission: If the city council adopts a zoning classification pursuant to a request by a property owner that is consistent with the adopted comprehensive plan, the council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said individual property owner's request for a zoning district classification change, per Idaho Code 67-6511(d). Rezoning requests which have been rejected may not be refiled for twelve (12) months following city council action unless the council specifically waives the reapplication waiting period.
J. Contract-Zoning Agreements:
1. Appropriate Circumstances: As an alternative to denying a requested zoning or rezoning, when the city council deems such zoning or change of zoning to be inappropriate for an area due to the nature and variety of uses allowed in the requested zoning district and their impacts on the real property in question and the surrounding properties, the city council may elect to allow a specific project with a specific use and/or development scheme by terms of a contract-zoning agreement. Approval of any such agreement entered into pursuant to this chapter shall be deemed to conditionally zone or rezone the land solely for the uses set out in the agreement, provided all terms and provisions of the zoning contract are fully met.
2. Contract Option For Zoning Or Rezoning Requests: A contract- zoning agreement may be permitted or required at the discretion of the city council for the zoning or rezoning of any parcel(s) of property upon application of the owner or developer of the property, upon recommendation of the director, upon recommendation of the planning and zoning commission, or upon the council's own motion. Recommendation or decision to proceed by means of contract-zoning agreement may occur at any stage in the zoning or rezoning process.
3. Standards For Use Of Zoning Contracts: The execution of a contract-zoning agreement may be required in order for any project or zoning designation to proceed if, in the opinion of the city council, the project and/or zone contemplated is an appropriate use for the real property in general, but the zoning designation requested or required would allow undesirable or inappropriate land uses or development schemes for the real property in question or for the surrounding area, whether due to the nature of the use itself or due to its impacts on the surrounding area.
4. Procedures For Establishing Contract-Zoning Agreement Conditions: If the director determines that a contract-zoning agreement is appropriate for any zoning/rezoning request, he or she may recommend execution of such an agreement and forward such recommendation, along with proposed conditions, to the planning and zoning commission for consideration at its public hearing on the zoning/rezoning request. The applicant and/or the planning and zoning commission may also recommend this contract-zoning agreement procedure and propose conditions. The planning and zoning commission shall, after public hearing on the zoning/rezoning request, present its recommendation to the city council for: a) approval of a contract-zoning agreement with suggested conditions, or b) for outright approval of the zoning/rezoning request without execution of any agreement, or c) for denial of the request. At any stage of the proceedings, an applicant may propose conditions for the agreement and shall be given opportunity to comment on proposed conditions.
5. Form And Content Of Agreement: In the event a contract-zoning agreement is deemed appropriate by the city council, the developer or owner shall execute an agreement with the city that shall be reviewed and approved for form by the city attorney prior to final council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to council for its approval. Minimum provisions shall include:
a. Identification of use(s) to be allowed under the agreement.
b. Identification of development standards that shall be required under the agreement.
c. Planned implementation of improvements and planned construction/completion schedule.
d. Required surety for project completion if abandoned or otherwise uncompleted.
e. A provision that the owner/developer acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement.
f. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land.
g. Any other matter required by the city council.
6. City Council Approval: Contract-zoning agreements may be approved at the sole discretion of the city council following a public hearing before the council on the related zoning/rezoning application. Following the hearing, the council shall set out the conditions it deems appropriate for inclusion in the contract- zoning agreement, which shall be prepared by the city attorney's office for execution by the developer/owner, and submitted to the council for final approval and execution within thirty (30) days of the public hearing. Provided, however, that no such agreement shall become effective until adoption and publication of the zone change ordinance. Following approval and execution by all parties of the contract-zoning agreement, the city clerk shall cause said agreement to be recorded in the office of the Bannock County clerk and recorder.
7. Duty To Comply: The owner(s), co-owner(s), developer(s), agent(s) of owner or developer, assignee(s) of owner(s) or developer(s) and all subsequent owners or developers of the real property that is encumbered by the contract-zoning agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall result in withholding of certificates of occupancy, execution of "stop work" orders, discontinuance of water service, and/or subject the real property to the provisions set out in the enforcement section that follows.
8. Modification Of Contract-Zoning Agreement: Modifications to contract-zoning agreements may be made at the sole discretion of the city council upon application of the owner/developer to the planning and development services department, after public hearing on the matter with notification to the owner/developer and general public as provided by state law and the provisions of section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter. Provided, however, that no application for modification may be accepted if the request is to allow a use that is not an outright or conditionally permitted use under the terms of the zoning ordinance for the zone established by the contract-zoning agreement.
9. Consideration Of Termination Of Contract And Reversion Of Zone:
a. Public Hearing: Upon notification to the city council by the director of noncompliance of a contract-zoning agreement, the council shall establish a date for a public hearing on said noncompliance. Written notice of said hearing shall be published in the local newspaper fifteen (15) days prior to the hearing and mailed to the owner/developer at his last known address. After the public hearing the city council shall adopt a written decision with appropriate findings, specifying whether the owner/developer is in compliance and continuing the agreement or whether the owner/developer is in noncompliance and terminating the agreement.
b. Effect Of Termination: In the event the agreement is terminated, the city council shall adopt an ordinance reverting the subject real property to its previous land use zoning district. All uses that are not consistent with the zoning district established by said ordinance shall cease and shall not be considered as legal nonconforming uses. The water service to the premises of said uses may be discontinued unless the owner/developer is applying for a conditional use permit for uses which are allowable by such permit under the zone established by said ordinance. If a conditional use permit is denied, the use shall cease, and water service may be terminated and not reinstated until a lawful use is established on the premises, and no certificate of occupancy shall be issued for structures unless a lawful use of said structures is verified through the planning and development services department.
10. Enforcement: Contract-zoning agreements may be enforced by the city through any means deemed to be appropriate, including, but not limited to, specific enforcement, termination of water service, injunctive relief, monetary damages, criminal penalties, and/or termination. Such enforcement options shall not be considered exclusive, but may be combined as deemed appropriate. (Ord. 3044, 2020: Ord. 2931, 2014: Ord. 2846 § 1, 2008)