(A)   Initiation of Proceedings and Fee:

      1.   This Title may be 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 district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend any other provisions of this Section or the whole of this Title.

      2.   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.

      3.   Applications from a property owner shall be filed with the Planning Commission on forms prescribed by the Planning Commission, or if not forms, then in accordance with this Chapter, 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 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 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 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 areas.

      4.   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.

      5.   A filing fee as prescribed by the City Council 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.

   (B)   Transmittal to Commission: Zoning districts shall be amended in the following manner:

      1.   Requests 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;

      2.   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;

      3.   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 procedures 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.

   (C)   Commission Public Hearing: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

      1.   Zoning Ordinance Text Amendment: 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.

      2.   Zoning Ordinance Map Amendment: 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. Additional notice of hearing shall be provided by certified mail to property owners by the applicant 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 commission. When notice is required to 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 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.

   (D)   Recommendation By Commission: When 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 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. (Ord. 207, 3-17-1987)

   (E)   Action By Council: The council prior to adopting, revising or rejecting the amendment to the zoning ordinance as recommended by the commission may conduct at least one public hearing using the same notice and hearing procedures as the commission. If the recommendations of the commission are adopted, no public hearing before the council shall be necessary. If the commission's recommendations will be materially revised by the council, the council may return the same to the commission for further consideration and hearing, or the council shall conduct at least one public hearing before making said revisions. (Ord. 2012-294, 2-1-2012)

   (A)   Contents Of Application For Conditional Use: An application for conditional use permit shall be filed with the clerk by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

      1.   Name, address and phone number of applicant.

      2.   Legal description of property (with street address if possible).

      3.   Description of existing use.

      4.   Zoning district.

      5.   Description of proposed conditional use.

      6.   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this title.

      7.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

      8.   Name and addresses of all property owners and residents within three hundred feet (300') of the exterior boundaries of the land being considered.

   (B)   General Standards Applicable To All Conditional Uses: The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

      1.   Will, in fact, constitute a conditional use as established in this title for the zoning district involved; in that it is not already defined as a permitted use in chapter 1 of this title;

      2.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan or the zoning ordinance;

      3.   Will 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;

      4.   Will not be hazardous or disturbing to existing or future neighboring uses;

      5.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protections, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

      6.   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;

      7.   Will 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;

      8.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

      9.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

   (C)   Supplementary Conditions And Safeguards: In granting any conditional use, the commission may prescribe appropriate conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title.

   (D)   Procedures For Hearing And Notice: Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held before the commission. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio or television stations serving the jurisdiction for use as a public service announcement. Notice of the hearing shall also be provided by ordinary mail to property owners and residents within the land being considered; three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, two (2) notices in the newspaper or paper of general circulation is sufficient; provided, the second notice appears ten (10) days prior to the public hearing.

   (E)   Action By The Commission: Within thirty (30) days after the public hearing, the commission shall recommend to the council approval, conditional approval, or disapproval of the application for conditional use permit as presented. If the application is recommended to be approved or approved with modifications the commission shall direct the administrator to transmit its recommendations to the council listing the specific conditions specified by the commission for approval.

Upon granting of a conditional use permit, conditions may be attached to a conditional use permit including, but not limited to, those:

      1.   Minimizing adverse impact on other developments.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Designating the exact location and nature of development.

      6.   Requiring the provisions for on site or off site public facilities or services.

      7.   Requiring more restrictive standards than those generally required in this title.

Prior to granting a conditional use permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another.

The commission shall ensure that any favorable recommendations for conditional use permits are in accordance with the comprehensive plan and established goals and objectives.

   (F)   Action By Council: Within thirty (30) days after receiving the recommendations of the commission, the council shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications the council shall direct the administrator to issue a conditional use permit listing the specific conditions specified by the council for approval.

Upon granting or denying an application the council shall specify in writing:

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial;

      3.   Findings of fact and conclusion of law explaining the criteria and standards considered relevant, stating the facts relied upon, and explaining the justification for the decision based on the criteria, standards, and facts.

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

   (G)   Notification To Applicant: Within ten (10) days after a decision has been rendered, the clerk shall provide the applicant with written notice of the action on the request. (Ord. 207, 3-17-1987)

   (A)   Consideration: The following provisions shall apply in considering variances:

      1.   The planning commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance the planning commission shall make a full investigation and shall only recommend granting a variance upon finding that the following are true:

         a.   That the granting of the variance will not be in conflict with the spirit and intent of the comprehensive general plan for the city, and will not effect a change in zoning.

         b.   That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:

            (1)   Undue loss in value of the property;

            (2)   Inability to preserve the property rights of the owner;

            (3)   The preservation of reasonable enjoyment of any property right of the owner.

         c.   The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvement.

      2.   An application for a variance may be initiated by one or more property owners. Such application 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 and should include:

         a.   Name, address and phone number of applicant(s);

         b.   Legal description of property (and street address where possible);

         c.   Description of nature of variance requested;

         d.   A narrative statement demonstrating that the requested variance conforms to the standards set forth in subsection (A)1 of this section;

         e.   Names and addresses of all property owners and residents within three hundred feet (300') of the exterior boundaries of the land being considered.

      3.   A filing fee shall be paid at the time of the filing by the owner or owner's representative. (Ord. 207, 3-17-1987)

      4.   The planning commission shall hold at least one public hearing on each variance request following the same hearing and notice procedures as set forth in subsection 3-3-2(D) of this chapter except that notice of the public hearing need not be published in the official newspaper of the city. (Ord. 2012-294, 2-1-2012)

   (B)   Action By Commission: Within thirty (30) days after the public hearing for a variance request, the commission shall transmit its recommendations for approval or disapproval to the council.

   (C)   Action By Council: Within thirty (30) days after receiving the recommendations of the commission, the council shall approve, disapprove or approve with conditions, the application for variance and shall give notice to the applicant within ten (10) days after the decision has been rendered, in accordance with the provisions set forth in subsections 3-3-2(F) and (G) of this chapter. (Ord. 207, 3-17-1987)

All applications for amendment, reclassification, conditional use, or variances, shall be accompanied by a filing fee as prescribed by the city council, and the applicant shall reimburse the city for all costs incurred in publication and/or mailing. (Ord. 207, 3-17-1987)