Whenever the public necessitates, the council may, by ordinance, after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property as well as the regulations and provisions of this title. Zoning amendments may consist of title or map revisions. (1974 Code § 4-1701)

Amendments to this title may be initiated in one of the following ways:

   A.   By adoption of a motion by the commission.

   B.   By adoption of a motion by the council.

   C.   By the filing of an application by a property owner or a person who has an existing interest in property within the area proposed to be changed or affected by said amendment. (1974 Code § 4-1702)

Applications for amendments to the official zoning map adopted as part of this title shall be provided by the planning and zoning clerk and shall contain at least the following information:

   A.   Name, address and phone number of applicant.

   B.   Proposed amending ordinance, approved as to form by the council.

   C.   Legal description of property.

   D.   Present land use.

   E.   Present zoning district.

   F.   Proposed use.

   G.   Proposed zoning district.

   H.   A vicinity map at a scale approved by the planning and zoning clerk showing the property lines, thoroughfares, existing and proposed zoning and such other items as the planning and zoning clerk may require.

   I.   A list of all property owners and their mailing addresses from authentic tax records of Twin Falls County, who are within three hundred feet (300') of the external boundaries of the land being considered.

   J.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area.

   K.   A fee as established by the council. (1974 Code § 4-1703)

   A.   Zoning Districts: Zoning districts shall be amended in the following manner:

      1.   Requests for an amendment to this title shall be submitted to the commission which shall evaluate the request to determine the extent and nature of the amendment requested;

      2.   If the request is in accordance with the comprehensive plan, the commission may recommend and the council may adopt or reject the title amendment under the notice and hearing procedures as herein provided; and

      3.   If the request is not in accordance with the comprehensive plan, the request shall be submitted to the commission or, in its absence, to the council, which shall recommend and the council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in Idaho Code section 67-6509. After a comprehensive plan has been amended, this title may then be amended as hereinafter provided for. (1974 Code § 4-1704)

The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of title or map revisions.

   A.   Zoning Title Amendment: The commission, prior to recommending a zoning title amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction of this city. Following the commission hearing, if the commission makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the commission forwards the amendment with its recommendation to the council.

   B.   Zoning Map Amendment: The commission, prior to recommending a zoning map amendment that is in accordance with the comprehensive plan to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of time and place and the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail by the planning and zoning clerk to property owners and residents within the land being considered, within three hundred feet (300') 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 commission.

   C.   Notice: When notice is required to two hundred (200) or more property owners or residents, notice of said proposed change and the hearing thereon shall be published in the official newspaper or paper of general circulation within the jurisdiction for three (3) consecutive weeks with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed change and for which said notice is given.

   D.   Simultaneous Passage: When required, both amendments may be handled simultaneously. (1974 Code § 4-1705)

   A.   Recommendation By Commission: Within forty five (45) days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend the amendment be granted as requested, or it may recommend the amendment or modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the comprehensive plan and established goals and objectives.

   B.   Action By Council:

      1.   The council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the council hearing, if the council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the council adopts the amendment.

      2.   The council shall accept the recommendation of the commission report unless rejected by a vote of one-half (1/2) plus one of the council members.

      3.   Upon granting or denying an application to amend this title, the council shall specify:

         a.   The regulations and standards used in evaluating the application;

         b.   The reason for approval or denial;

         c.   The actions, if any, that the applicant could take to obtain an amendment. (1974 Code § 4-1706)

In the event the council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance. (1974 Code § 4-1707)

No application for reclassification of any property which has been denied by the council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action; unless there is an amendment in a comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (1974 Code § 4-1708)

Whenever a zoning district boundary change is contemplated by the city, notice of said proposed zoning district boundary change and the hearing thereon shall be by publication in the official newspaper once a week for three (3) consecutive weeks, with at least one of said publications being fifteen (15) days prior to the date set for hearing on the proposed zoning district boundary change and for which said notice is given. (1974 Code § 4-1709)

If property is rezoned, the city may require or permit, as a condition of the rezoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Twin Falls County recorder and shall take effect upon the adoption of the ordinance rezoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the city council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. The city council is hereby authorized to adopt, by resolution, rules governing the creation, form of recording, modification, enforcement and termination of commitments. The recording of the agreement shall be deemed notice of the terms of the agreement to all subsequent owners. (1974 Code § 4-1710)