Whenever the public necessity, convenience, general welfare or good zoning practices require, the council may by ordinance after receipt of recommendation thereon from the planning and zoning commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Amendments to this title may be initiated in one (1) of the following ways:

1.

By adoption of a motion by the Commission.

2.

By adoption of a motion by the Council.

3.

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. No. 2024-06, § 2, 4-16-2024)

At the time of filing a question for annexation or request for rezone, the person filing said request shall pay to the City an application fee as set by resolution of the Council.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Applications for amendments to the official zoning diagram 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 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 director showing property lines, thoroughfares, existing and proposed zoning and such other items as the director 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.

10.

A fee as established by the Council.

(Ord. No. 2024-06, § 2, 4-16-2024)

A.

Zoning districts shall be amended in the following manner:

1.

Requests for an amendment to this zoning Title shall be submitted to the Commission which shall evaluate the request to determine the extent and nature of the amendment request.

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 provided in Chapter 5 of this title.

3.

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, the zoning regulations may then be amended as hereinafter provided for.

(Ord. No. 2024-06, § 2, 4-16-2024)

The Commission shall hold a public hearing on the proposed amendment, give public notice in a newspaper and give written notice to all parties as required by law.

(Ord. No. 2024-06, § 2, 4-16-2024)

Within sixty (60) days from the receipt of the proposed amendment, the Commission shall transmit its recommendation to the Council. Said 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. No. 2024-06, § 2, 4-16-2024)

Following the issuance of a recommendation by the Commission, the Council shall schedule a public hearing, provide notice of the hearing as required by law, and hold a public hearing on the proposed amendment. The purpose of the hearing is to consider the Commission recommendation and receive evidence to aid the Council in determining whether to grant or deny the amendment application.

A.

Upon granting or denying an application, 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 a permit. In the event the Council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance. The third and final reading of the ordinance shall be at the public hearing of the Council.

(Ord. No. 2024-06, § 2, 4-16-2024)

No application for a reclassification of any property which has been denied by the Council shall be resubmitted in either substantially the same form with reference to substantially the same premises for the same purposes within a period of one (1) 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. No. 2024-06, § 2, 4-16-2024)

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the planning and zoning commission, on the proposed zoning designation for the property being annexed. The commission and the city council shall follow the notice and hearing procedures provided in Chapter 5 of this title. Immediately following the adoption of an ordinance of annexation, the Council shall amend the City map to reflect the annexed property.

(Ord. No. 2024-06, § 2, 4-16-2024)