A.   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 commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

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

      1.   By adoption of a motion by the commission;

      2.   By adoption of a motion by the city council; or

      3.   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. 341, 9-10-1996)

   A.   Contents Of Application: Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:

      1.   Name, address and phone number of applicant;

      2.   Proposed amending ordinance, approved as to form by the city council;

      3.   Present land use;

      4.   Present zoning district;

      5.   Proposed use;

      6.   Proposed zoning district;

      7.   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;

      8.   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;

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

      10.   A fee as established by the city council.

   B.   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 city council may adopt or reject, the ordinance amendment under the notice and hearing procedures provided in section 1-9-2 of this code; and

      3.   If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the commission, which shall recommend and the city council may adopt or reject an amendment to the comprehensive plan under the notice and hearing procedures provided in Idaho Code 67-6509. After the comprehensive plan has been amended, this title may then be amended as hereinafter provided. (Ord. 341, 9-10-1996)

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

   A.   Zoning Ordinance Text Amendment: The commission, prior to recommending a zoning ordinance 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 proposed 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 recommendations to the city council.

   B.   Zoning Ordinance Map Amendment: The commission, prior to recommending a zoning ordinance map amendment that is in accordance with the 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 proposed amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail to property owners and residents within the land being considered, i.e., 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 newspaper 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 city council. (Ord. 341, 9-10-1996)

Within sixty (60) days of the receipt of the proposed amendment, the commission shall transmit its recommendation to the city 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. (Ord. 341, 9-10-1996)

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

   B.   The reasons for approval or denial; and

   C.   The actions, if any, that the applicant could take to obtain the requested change.

In the event the city council shall approve the amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an amending ordinance. (Ord. 341, 9-10-1996)

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 purposes within a period of one year from the date of final action, unless there is an amendment in the comprehensive plan which resulted in a change in conditions applicable to the specific property under consideration. (Ord. 341, 9-10-1996)