This Title maybe amended whenever the Council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this Section, and for purposes of this Section, includes any measure to change districts, to change district regulations, to add, repeal or amend any other provisions of this Section or the whole of this Title. (Ord. 626, 10-7-2002)

An amendment to the text of this Title or to the official Zoning Map may be initiated by a resolution of intention by the Planning Commission or the City Council or by an application of one or more of the owners of property affected by the proposed amendment. (Ord. 626, 10-7-2002)

Applications from a property owner shall be filed with the Planning Commission on forms prescribed by the Planning Commission, accompanied by such data and information necessary to assure the fullest presentation of facts. Applications shall contain the following information:

   A.   Name, address and phone number of applicant;

   B.   Proposed amendment;

   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 Commission showing property lines; thoroughfares, existing and proposed zoning and such other items as the Commission may require;

   H.   A list of all property owners and their mailing addresses who are within one thousand feet (1,000') 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 areas. (Ord. 626, 10-7-2002)

No application from an owner of property for the same general purpose concerning the same property which has been denied by the City shall be received or processed by the Secretary of the Commission within twelve (12) months of such denial except by unanimous action of the Planning Commission, unless there is an amendment to the Comprehensive Plan which applies to the property in question. (Ord. 626, 10-7-2002)

A filing fee shall be paid at the time of the filing by the owner or owner's representative but no fee will be required in the case of proceedings instituted by either the Council or the Planning Commission. (Ord. 626, 10-7-2002)

Zoning districts shall be amended in the following manner:

   A.   Request for an amendment to the Zoning Ordinance 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 the adopted Comprehensive Plan, the Commission may recommend and the Council may adopt or reject the ordinance amendment under the notice and hearing procedures as herein provided.

   C.   If the request is not in accordance with the adopted Comprehensive Plan, the request shall be submitted to the Planning and Zoning Commission or, in its absence, the Council, which shall recommend and the Council may adopt or reject an amendment to the Comprehensive Plan under the notice and hearing procedure provided in Section 67-6509, Idaho Code. After the Comprehensive Plan has been amended, the Zoning Ordinance may then be amended as hereinafter provided for. The hearing on the Comprehensive Plan and the proposed change to the Zoning Ordinance may be held concurrently. (Ord. 626, 10-7-2002)

The Commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. (Ord. 626, 10-7-2002)

The Commission, prior to recommending a Zoning Ordinance text 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 a summary of the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. 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 Council, pursuant to State Code. (Ord. 626, 10-7-2002)

The Commission, prior to recommending a Zoning Ordinance 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 a summary of the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. The applicant shall provide additional notice of the hearing by regular mail to property owners and residents within the land being considered, one thousand feet (1,000') 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. The proposed map amendment may impact property owners or residents who reside outside the postal service zip code mailing limits of the City. The Commission will determine if these property owners should be notified by certified mail. When notice is required by two hundred (200) or more property owners or residents, in lieu of the mail notification three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears at least ten (10) days prior to the public hearing. 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 Council. (Ord. 626, 10-7-2002)

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 that the amendment be granted as requested, or it may recommend that the amendment be denied. The Commission shall insure that any favorable recommendations for amendments are in accordance with the Comprehensive Plan and established goals and objectives. (Ord. 626, 10-7-2002)

The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment:

   A.   Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment;

   B.   Is the area included in the zoning amendment intended to be rezoned in the future;

   C.   Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of special use permits;

   D.   Has there been a change in the area or adjacent areas, which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area;

   E.   Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   F.   Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses;

   G.   Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services;

   H.   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   I.   Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. (Ord. 626, 10-7-2002)