The Horseshoe Bend City Council shall approve, deny, or modify any application to amend this Title, to change the boundary of a zone, to amend the Comprehensive Plan, to annex property into the corporate limits, to establish a use exception to the Zoning Ordinance. Prior to taking action on any such application, the Council shall advertise for and hold a public hearing in accordance with the procedures set forth in Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3. (Ord. 232, 4-14-2010)

The Council shall set a date, time and place of hearing the application in accordance with the provisions of Sections 9-4-9, 9-4-9-1, 9-4-9-2 and 9-4-9-3. Following the hearing, the Council may approve, disapprove or modify the application. The Council is enjoined from granting less restrictive regulations, standard or land use classifications than those applied for and as publicized prior to the public hearing held by the City Council. (Ord. 232, 4-14-2010)

Any approval by the City Council given pursuant to the provisions of this Title shall lapse and become null and void twelve (12) months following the date on which it was given.

Unless, prior to the expiration date, construction or development is commenced and diligently pursued toward completion on the site, which was the subject of the application. Upon written request to the City Council, containing the reasons therefore, the City Council may grant an extension of time for development not to exceed an additional twelve (12) months. No permit fees will be refunded without written request to the City Council prior to the twelve (12) month expiration date. (Ord. 232, 4-14-2010)

This Title may be amended whenever the Council deems an amendment is required for public convenience or necessity, or for the general welfare. Any amendment shall be enacted pursuant to this section, and for purposes of this section, includes any measure to change zone boundaries, establish or disestablish zones, to change zone regulations, to add, repeal or amend any other provisions of this section of the whole of this Title. (Ord. 232, 4-14-2010)

In the event the Council shall have approved or modified an application, the Council shall cause to be prepared the appropriate ordinance of amendment. However, no ordinance amending the "City of Horseshoe Bend Zoning Ordinance" shall become effective until a public hearing has been held for which fifteen (15) days notice of the time and place of such hearing shall be published in the official newspaper of the city. (Ord. 232, 4-14-2010)

Requests for annexation of property into the City of Horseshoe Bend must be heard by the City Council as described in Section 9-7-6 and 9-7-7 of this Title. (Ord. 232, 4-14-2010)

The Mayor and City Council shall schedule a public hearing to decide whether to adopt the amendment. The Mayor and City Council shall consider the proposed amendment pursuant to the procedures established in 67-6509 of the Idaho Code. (Ord. 232, 4-14-2010)

At the hearing before the City Council, the Council shall hear all persons interested in the special exception then pending before it and in so doing must make the following findings:

   A.   That the decision to grant or deny the application is based upon the findings of Section 9-7-8-4.

   B.   That the approval, denial or modification of the special exception does not provide precedent for any other parcel in the city.

   C.   In the event the application is denied, the actions, if any, that the applicant could take to obtain a special exception permit. (Ord. 232, 4-14-2010)

The Council may impose more restrictive regulations or standards. (Ord. 232, 4-14-2010)

Upon request of the holder of a special exception, the Council may modify or extended the term, conditions and limitations of said permit in accordance with the limitations and requirements of Section 9-7-8-5 of this Title. The Council may revoke or modify upon notice and hearing, a Special Exception for the breach or violation of any condition or limitation of said permit. (Ord. 232, 4-14-2010)

Special Exceptions shall be non-transferable through assignment, sale or other means of conveyance without written acknowledgment by the assignee, purchaser or convey in writing of agreement to be bound by conditions which were set forth in the approval of the application pursuant to Section 9-7-8. Exceptions shall not be considered as establishing binding precedent upon the City. A Special Exception shall become void if not utilized within twelve (12) months of issuance, or if the authorized use is abandoned for more than a period of six (6) months. (Ord. 232, 4-14-2010)