Whenever the public necessity, convenience, general welfare or good zoning practices require, the 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. (Ord. 1070, 2010)

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

A.   By adoption of a motion by the commission;

B.   By adoption of a motion by the council; or

C.   By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by said amendment. (Ord. 1070, 2010)

A.   Applications for amendments to the official zoning map, adopted as part of this title by reference, 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 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 administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;

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

   9.   A fee as established by the council. (Ord. 1070, 2010)

Zoning districts shall be amended in the following manner:

A.   Each request 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.   Each request for an amendment shall be reviewed by the commission and shall be evaluated to determine if such action shall create a demand for public infrastructure that is not currently available for the site including, but not limited to, municipal sewer and water services.

C.   If the request is in accordance with the comprehensive plan, the commission may recommend and the council may adopt or reject the amendment under the notice and hearing procedures as herein provided.

D.   If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the 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, this title may then be amended as hereinafter provided for. (Ord. 1070, 2010)

The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions. Notice requirements shall comply with Idaho Code section 67-6511 and chapter 17.90 of this title. (Ord. 1070, 2010)

The commission, prior to recommending a zoning text amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The commission shall follow the notice requirements provided in chapter 17.90 of this title and Idaho Code section 67-6511. 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. 1070, 2010)

The commission, prior to recommending a zoning 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. The commission shall follow the notice requirements provided in chapter 17.90 of this title and Idaho Code section 67-6511. (Ord. 1070, 2010)

A.   Within twenty (20) days from the hearing on the proposed amendment, the commission shall transmit its recommendation to the council.

B.   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 recommendations for amendments are in accordance with the following findings:

   1.   The proposed zoning ordinance amendment is in accordance with the comprehensive plan and established goals and objectives and the future land use map;

   2.   The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zone;

   3.   The proposed zone is compatible with the zoning and uses in the surrounding area;

   4.   No nonconforming uses will be created with this rezone. (Ord. 1070, 2010)

A.   The council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one public hearing using the notice and hearing procedures at chapter 17.90 of this title and Idaho Code section 67-6511. Following the council hearing, if the council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the council adopts the amendment. The council shall enter its decision in writing.

B.   Upon granting or denying an application to amend this title, the council shall specify:

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

   2.   The reasons for approval or denial; and

   3.   The actions, if any, that the applicant could take to obtain the amendment. (Ord. 1070, 2010)

In the event the council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance. (Ord. 1070, 2010)

No application for a reclassification of any property which has been denied by the 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 such final action, unless there is an amendment in the comprehensive plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 1070, 2010)

Prior to annexation of an unincorporated area, the council shall request and receive a recommendation from the commission as to the compatibility of the comprehensive plan with, and to the proposed zoning for the unincorporated area. The commission and the council shall follow the notice and hearing procedures for zoning ordinance map amendments set forth in chapter 17.90 of this title and Idaho Code section 67-6511. Concurrently or immediately following the adoption of an ordinance of annexation, the council shall amend the zoning map and/or this title as required. (Ord. 1070, 2010)

The council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, special use permits, plan approvals and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the administrator and may be altered or amended only by the council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 1070, 2010)