Whenever the public necessity, convenience, general welfare or good zoning practices require, 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. (Ord. 105, 1-7-1989)

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; or

   C.   By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by this amendment. (Ord. 105, 1-7-1989)

Applications for amendments to this title shall contain at least the following information:

   A.   Name, address and telephone number of applicant.

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

   C.   Present land use.

   D.   Present zoning district.

   E.   Proposed use.

   F.   Proposed zoning district.

   G.   A vicinity map showing property lines, thoroughfares, existing and proposed zoning and such other items as may be required.

   H.   A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered.

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

   J.   A fee as established by the council. (Ord. 105, 1-7-1989)

   A.   Transmittal To Commission: 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 adopted comprehensive plan, the commission may recommend and the council may adopt or reject the amendment under the notice and hearing procedures as herein provided. (Ord. 105, 1-7-1989)

      3.   If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the planning and zoning commission which shall recommend and the council may adopt or reject an amendment to this title under the notice and hearing procedures provided by section 67-6509 Idaho Code. (Ord. 105, 1-7-1989; amd. 1991 Code)

   B.   Public Hearing: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of an amendment to the text of this title. The commission, prior to recommending an amendment to the text of this title to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.

   C.   Commission Recommendation: Within sixty (60) days from the receipt of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as requested, or it may recommend a 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.

   D.   Council Action; Effect:

      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's report unless rejected by a vote of one-half (1/2) plus one of the members.

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

         a.   The ordinance and standards used in evaluating the application.

         b.   The reasons for approval or denial.

         c.   The actions, if any, that the applicant could take to obtain the amendment.

      4.   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. (Ord. 105, 1-7-1989)

No application for a reclassification of 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 the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 105, 1-7-1989)

Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the planning and zoning commission on the proposed comprehensive plan and changes to this title for the unincorporated area. The commission and the city council shall follow the notice and hearing procedures provided in section 5-10-3 of this title. Currently or immediately following the adoption of an ordinance of annexation, the council shall amend the comprehensive plan and this title. (Ord. 105, 1-7-1989)