Whenever the public necessity, convenience, general welfare or good zoning practices require, the city council may, by ordinance, after receipt of recommendation thereon from the planning and zoning commission and subject to procedures provided by law, amend, supplement, change or re-appeal the regulations, restrictions and boundaries or classification of property. (Ord. 223, 7-13-2006)

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

   A.   By adoption of a motion by the city council.

   B.   By adoption of a motion by the planning and zoning commission.

   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. (Ord. 223, 7-13-2006)

Applications for amendments to the official zoning map adopted as part of this title shall be provided by the city 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 commission.

   C.   Present land use.

   D.   Present zoning district.

   E.   Proposed use.

   F.   Proposed zoning district.

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

   H.   A list of all property owners and residents 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 a comprehensive plan, availability of public facilities and compatibility of public facilities and compatibility with the surrounding area.

   J.   A fee as established by the city council. (Ord. 223, 7-13-2006)

Zoning districts, zoning subdistricts and overlay districts shall be amended in the following manner:

   A.   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.

   B.   If the request is in accordance with a comprehensive plan, the request shall be submitted to the commission or, in its absence, the city council which shall recommend and the city council may adopt or reject an amendment to a 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. (Ord. 223, 7-13-2006)

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

   A.   Zoning Text Amendment: The planning and zoning commission, prior to recommending a zoning text amendment to the city 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 the city. Following the commission's 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 city council.

   B.   Zoning Map Amendment:

      1.   The planning and zoning commission, prior to recommending a zoning map amendment that is in accordance with a comprehensive plan to the city 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 of general circulation within the jurisdiction of the city. Additional notice shall be provided by mail to property owners and residents within the jurisdiction of the city. Additional notice shall be provided by mail to property owners and residents within the land being considered; 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 planning and zoning commission. (Ord. 223, 7-13-2006)

      2.   The applicant requesting the zoning map amendment shall sign an affidavit stating that he has noticed in writing, the required residents and the property owners as to his purpose of application, time and place of hearing, residents served, and date of service. A copy of notification shall be attached to the affidavit. (Ord. 254, 1-15-2015)

      3.   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 once a week for three (3) consecutive weeks, with at least one said publication being fifteen (15) days prior to the date set for hearing on the proposed change and for which said notice is given. Said publication shall be published in a local paper of general circulation. (Ord. 223, 7-13-2006)

Within sixty (60) days from the receipt of the proposed amendment, the planning and zoning commission shall transmit its recommendation to the city council. The city council may recommend that the amendment be granted as requested, or it may recommend a modification or that the amendment be denied. The planning and zoning commission shall ensure that any favorable recommendations for amendments are in accordance with a comprehensive plan and established goals and objectives. (Ord. 223, 7-13-2006; amd. Ord. 254, 1-15-2015)

   A.   Public Hearing: The city council, prior to adopting, revising or rejecting the amendment to this title, as recommended by the planning and zoning commission, may conduct a public hearing using the same notice and hearing procedures as the planning and zoning commission. Following the city council hearing, if city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the city council adopts the amendment.

   B.   Decision; Denoting Specifics: Upon granting or denying an application to amend this title, the city council shall specify:

      1.   The regulations and standards used in evaluating the application.

      2.   The reasons for approval or denial.

      3.   The actions, if any, that the applicant could take to obtain a permit.

   C.   Approval: In the event the city 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. 223, 7-13-2006; amd. Ord. 284, 6-10-2021)

No application for a reclassification of any property which has been denied by the city council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purpose within the period of one year from the date of such final action, unless there is an amendment in a comprehensive plan which results from a change in conditions as applying to the specific property under consideration. (Ord. 223, 7-13-2006)

(Rep. By Ord. 284, 6-10-2021)