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§ 9-1 TITLE 4 — ZONING CODE § 9-3 Chapter 9 AMENDMENTS Sec. 9-1: Purpose Sec. 9-2: Text Amendments Sec. 9-3: Amendments to Zoning District Boundaries Sec. 9-1. Purpose. From time to time a change in circumstances or conditions or the need to correct an error may warrant a change in the zoning text or Moscow Zoning Map created by this Zoning Code. The purpose of this Chapter is to establish the procedures to amend the zoning text and/or Moscow Zoning Map when the proposed change would be consistent with the goals and policies of the Comprehensive Plan and the intent of this Zoning Code. Sec. 9-2. Text Amendments. A. Initiation: An amendment to the text, standards, procedures or other provisions of this Zoning Code may be initiated by action of the Council or the Planning and Zoning Commission. B. Procedure: Text amendments shall be conducted in accordance with the procedures for the conduct of legislative hearings as provided in Code Section 4-10-6 of this Zoning Code. Sec. 9-3. Amendments to Zoning District Boundaries. A. Initiation: Amendments to zoning district boundaries (rezoning) may be initiated by the Council, the Planning and Zoning Commission, or by a property owner. B. Procedure: 1. Application by a property owner shall be made on forms provided by the Zoning Administrator and shall be accompanied by a fee which shall be set by the Council from time to time by resolution. The Zoning Administrator is empowered to expand the area to be considered for rezoning when it deems such expansion to be in the public interest. 2. All applications for rezoning of property which are found to be in order by the Zoning Administrator shall automatically be noticed for hearing before the Planning and Zoning Commission with notice as provided by the Idaho Code at its next regularly scheduled meeting of the Planning and Zoning Commission at which time is available. 3. If the requested zoning does not conform to the Comprehensive Plan, a hearing on an amendment to the Comprehensive Plan shall be scheduled with the hearing for the zoning change. Any change required in the Comprehensive Plan shall be achieved prior to or concurrent with an amendment of the Zoning District boundaries. Any amendments to the Comprehensive Plan shall be based upon the following criteria: a. The proposed Comprehensive Plan amendment is consistent with Comprehensive Plan goals, objectives, and implementation actions. b. The proposed Comprehensive Plan amendment would provide for the logical and orderly location of land uses, community services and facilities. c. The uses expected to occur as a result of the Comprehensive Plan amendment will be compatible with the surrounding area. d. The size, type, and density of development expected to occur as a result of the Comprehensive Plan amendment will not place an undue burden upon delivery of services provided by any political subdivision within the planning jurisdiction. e. The proposed Comprehensive Plan amendment is deemed to be appropriate in consideration of changing conditions within the community that are not reflected within the current Comprehensive Plan (such as new development or re-development, land use patterns and/or trends, traffic patterns and/or volume, market demands, community vision and/or needs, capital ---PAGE BREAK--- § 9-3 TITLE 4 — ZONING CODE § 9-3 improvements, or new or revised City plans). 4. The Planning and Zoning Commission shall conduct its public hearing in accordance with the Idaho Code and with Code Section 4-10-5 of this Zoning Code providing procedures for the conduct of Type 2 Administrative Hearings. The Planning and Zoning Commission may recommend approval of the request of rezone, may recommend denial of the requested rezone, or may recommend rezoning to any zone less intensive than the zone requested. Approval or denial of any rezone shall be based upon the following criteria: a. The proposed rezone is consistent with Comprehensive Plan goals, objectives, and implementation actions. b. The proposed rezone would provide for the logical and orderly location of land uses and community services and facilities. c. The uses expected to occur as a result of the rezone will be compatible with the surrounding area. d. The size, type, and density of development expected to occur as a result of the rezone will not place an undue burden upon delivery of services provided by any political subdivision within the planning jurisdiction. e. The size, type, and density of development expected to occur as a result of the rezone can be adequately served by the existing transportation network, public facilities and services. 5. If approved by the Planning and Zoning Commission, a hearing on the proposed rezoning shall be set before the Council at its earliest regular public meeting which has hearing time available. If the Planning and Zoning Commission recommends denial, the applicant may request that the Council set the matter for hearing but it will not automatically be set. 6. The Council shall conduct a public hearing on the application to rezone in accordance with the Idaho Code and Code Section 4-10-5 of this Zoning Code providing procedures for the conduct of Type 2 Administrative Hearings. 7. After hearing and reaching findings of fact and conclusions, the Council may enact an ordinance rezoning the subject property to the requested Zoning District or to any less intensive Zoning District. C. Development Agreements: 1. Use and development conditions and limitations: Conditions and limitations on use and development may be imposed on properties requested for rezoning. Conditions may limit uses to fewer than those normally permitted under the proposed zone. Conditions and limitations shall be a written commitment by the owner or developer. 2. Filing of conditions and limitations: The City may require that conditions and limitations which are to be imposed on the use and development on the rezone property be permanent and shall run with the use of the newly zoned property by the owners, their heirs, assignees and devices. Such conditions and limitations may be enforced by the City or the affected property owners. The City shall require the applicant to have the conditions and limitations filed and recorded with the Latah County Recorder. 3. Permits. Nothing contained in the conditions or provisions required of the land owner shall be deemed a waiver of any ordinance or requirement of the City relating to construction or development and the applicant shall obtain all necessary construction and occupancy permits as may be required by the City. (Ord. 97-33, 11/3/97; 2016-04, 04/04/2016)