The principal purpose of this title is to provide for the proper location of land uses by providing zones in which various types of land use shall be permitted. This objective is ongoing and may periodically require a change of zone from that previously established in conformance with the comprehensive plan. Boundaries of zones, the classification of property uses therein, development standards, and any change in wording, context, or substance, may be changed when adopted by ordinance passed by the city council. (Ord. 263, 7-12-2005)

Applications for a change of zone or amendment to the text of this title may be initiated by either:

   A.   The verified application of the record owner or owners of the subject property or authorized agent thereof; or

   B.   The city council through its own motion. (Ord. 263, 7-12-2005)

   A.   Applications for change of zone or amendment to the text of this title shall be made on forms available from the city. Applications shall contain all required information relevant to the proposed action, including, but not limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data necessary to demonstrate that the proposed zone change or zoning text amendment is in conformance with the maps and other guidelines provided in the comprehensive plan. Where an application is not in conformance with the comprehensive plan, a concurrent application for a comprehensive plan amendment shall also be made.

   B.   The application shall include a review and analysis of the comprehensive impacts of the proposed change of zone or text amendment. (Ord. 263, 7-12-2005)

Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each application for a zone change or zoning text amendment for the purpose of defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed in this title. (Ord. 263, 7-12-2005)

Prior to conducting a public hearing on any proposed amendments or additions to the map or text of this title, such amendments or additions, together with appropriate supporting materials, shall be forwarded to state, county, and/or local agencies, including school districts, where any such agency may have an interest in the amendments or additions to the map or text of this title. Such distribution shall be the responsibility of the city clerk- treasurer or contracted staff, and shall conform to the minimum public notice criteria of section 8-4-6 of this chapter. (Ord. 263, 7-12-2005)

When an application for a change of zone or text amendment of this title is filed, or is initiated by the city council, a public hearing shall be scheduled before the city council. The city clerk-treasurer shall give notice of the public hearing specifying the date, time, and place of the hearing or hearings, and providing a general description of the nature and location of the proposal (including a location map when applicable). Such notice shall be given at least fifteen (15) days in advance of the hearing, all in accordance with the following:

   A.   The applicant for a change of zone shall obtain the names and addresses of all adjacent property owners/purchasers of record within three hundred feet (300') of the property and shall furnish these names and addresses to the City Clerk-Treasurer. If the property contiguous to that property proposed for zone change is owned by the same person or entity, the owners of contiguous property within three hundred feet (300') of that owned by the applicant shall also be notified. The notice required by this chapter shall be provided to these property owners/purchasers of record by first class mail, by the City Clerk-Treasurer, but at the applicant's expense.

   B.   For a change of zone proceeding, the City shall cause the notice required by this chapter to be posted, by the applicant, along all perimeter property lines on the property involved. Such posted notice shall be prominently displayed on a bright colored background, with the term "Public Notice" in large enough type to be visible from a vehicle on an adjacent street or alley, and to any person walking along adjoining interior property lines.

   C.   For either a change of zone or a planning and zoning title text amendment proceeding, the City Clerk-Treasurer shall cause the notice required by this chapter to be posted at the City Hall, and at other public locations (such as the public library and the post office).

   D.   For either a change of zone or a zoning ordinance text amendment proceeding, the City Clerk-Treasurer shall cause the notice required by this chapter to be published once in the official newspaper of the City.

   E.   For change of zone proceedings, mailed notice to property owners shall not be required in the following circumstances:

      1.   In the event that notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of mailed notice, the aforestated published notice shall be at least four inches (4") by two (2) columns in size pursuant to Idaho Code section 67-6511(b), the site's posting shall still apply, and the posting of the notice in public locations shall still apply; or

      2.   When the matter would affect the City generally or would affect a substantial portion of the City, rather than only a specific parcel or a few parcels of property, the criteria of subsection E1 of this section shall apply; or

      3.   When the hearing relates to action taken by the City Council to establish, review, or modify all zoning classifications throughout the City, the criteria of subsection E1 of this section shall apply.

   F.   The continuance of a public hearing through verbal motion at a regular or special meeting of the City Council, and posting of the continuance at the established posting places, shall be deemed as adequate notice to the public. (Ord. 263, 7-12-2005)

   A.   The decision of the City Council shall be in writing, by ordinance, and shall be issued by e-mail to the applicant and parties of record (the applicant and those others who have provided written or oral testimony during the public hearing process and requested notice of the decision) within fifteen (15) days after City Council written adoption of said notice of decision. Every notice of decision shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code, as it now exists or is subsequently amended.

   B.   The decision of the City Council shall set forth a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision. The City Council shall analyze all proposed changes to zoning ordinances to ensure that they are not in conflict with the policies of the Comprehensive Plan.

   C.   If the City Council adopts a zoning classification pursuant to a property owner's request, the City Council shall not subsequently reverse its action or otherwise change the zoning classification without the written consent of the current property owner, as set forth in Idaho Code section 67-6511(d), as it now exists or is subsequently amended. (Ord. 410, 1-17-2017)

   A.   Reconsideration: Every applicant or affected person seeking judicial review of the City Council's final decision must first file with the City Council a written petition for reconsideration of the Council's decision, specifying deficiencies in the decision for which reconsideration is sought within fourteen (14) days.

      1.   The City Council may reconsider its decision only if it finds any of the following:

         a.   There was a clerical error in the decision;

         b.   The decision resulted from fraud or mistake;

         c.   There is newly discovered evidence or a change in circumstances;

         d.   There was a procedural error;

         e.   The Council previously rejected the application by a tie vote; or

         f.   The decision was made in violation of substantive law.

      2.   The City Council shall review the petition for reconsideration at its next regular meeting and decide whether to reconsider the matter. If the City Council grants reconsideration in whole or in part, a hearing before the City Council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in section 8-4-6 of this chapter. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance.

      3.   Following the hearing on the reconsideration, the City Council may affirm, reverse, or modify, in whole or in part, its prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the City Council fails to timely decide, the request for reconsideration is deemed denied.

   B.   Judicial Appeals: After a notice of decision is issued, or after a revised notice of decision is issued under a reconsideration proceeding, any aggrieved party with standing to appeal may appeal the decision to a court of competent jurisdiction. (Ord. 410, 1-17-2017)