Any change, modification or reclassification of zones may be initiated by the City Council, the commission, or by application of one or more property owners, purchasers or holders of valid options to purchase property. When the application for change, modification or reclassification is initiated by a property owner, purchaser or holders of valid options to purchase property, the procedure set forth herein shall be followed, except that the commission may, subject to the provisions for notice and publication of hearing, enlarge, expand and amplify a petition for change in reclassification of a zone or a planned use classification. (Ord., 5-7-1984)

Every person seeking a reclassification of any land regulated by this chapter shall file with the Administrator an application therefor, upon a form prescribed by the commission, accompanied by a filing fee as set by resolution of the City Council. All applications for rezone shall conform to the requirements of section 67-6511, of the Idaho Code, as it may be amended, modified, altered or changed. (Ord. 375, 6-18-2018)

The commission shall prescribe the form, scope, and content of such application, and the data required to be furnished in connection therewith. Each such application shall include a map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries thereof, together with the list of the names and addresses of the last known owners of each lot or parcel, insofar as they are of record with the County Assessor.

Every application shall contain or be accompanied by all information, plans, and maps to scale and other data necessary to assure full presentation of pertinent facts for the records and to assist in making a determination in harmony with the objectives of this Title. No application shall be accepted by the Administrator unless it is complete and in compliance with all such requirements and contains that information set forth herein, together with a designation of the proposed zone classification.

The Commission may hold an initial hearing where it receives information from the applicant only. This hearing shall be open to the public but shall not be a public hearing where notice to the public is required. If in the opinion of the Commission, and after hearing the facts from the applicant, the decision is made that the request should not be carried to a public hearing, the Commission may reject the application at that point. Applicant may then request a public hearing. If the Commission chooses not to deny the application, but continue its consideration it shall hold a public hearing. Notice to the public shall be given as provided in Section 11-15-6.

Notice of time, place and purpose of each public hearing held by the Commission shall be given by publication in a newspaper of general circulation in the City at least fifteen (15) days prior to such hearing. When the public hearing is before the Commission on a proposed change, modification or reclassification and the enlargement, expansion and amplification thereof, notice shall be given by the applicant to the Administrator who shall deliver said notice by regular U.S. mail to each property owner whose name and address appears on the list accompanying such application. When notice is required to two hundred (200) or more property owners or residents, alternate forms of procedures which would provide adequate notice may be provided in lieu of mailed notice. In the event the Commission originates, enlarges, extends and amplifies the application for the change, modification or reclassification of property, zone, or land use classification, the Administrator shall be required to ascertain the names and addresses of the last known owners as the same appears on the records of the County Assessor's office of each parcel of land within three hundred feet (300') to the exterior boundaries of the land area sought to be enlarged, extended or amplified. The notice shall give the date, time and place of hearing, the name of the applicant, and relief sought, and identification of the property, and such other facts as may be prescribed by the Commission. The Administrator may, in lieu of notice by mail, order three (3) additional publications, the last publication of such notice must be at least fifteen (15) days before the date set for such hearings. In any public hearing, the presiding officer may order the hearing to be continued by publicly announcing the time and place of continuance, and no further notice thereof shall be required.

The Commission and City Council shall review the particular facts and circumstances of each proposed zone change and take the following factors into consideration:

   (A)   The compatibility of the proposed zone with surrounding uses and zones.

   (B)   Availability of power, water, sewer, fire protection, police protection and school facilities.

   (C)   Access to highways; burdens imposed upon taxing entities for services which will have to be provided.

   (D)   Location in relation to flood plain and airport approaches.

   (E)   Easements, encumbrances, adverse interests.

   (F)   The opinions of surrounding land owners entitled to notice.

   (G)   Availability of drainage structures and refuse disposal.

   (H)   Opinions of other local or State agencies required to provide services or issue permits.

   (I)   Zone change will not set a precedence for future uses incompatible with existing uses.

   (J)   Compatibility or conflict with the Comprehensive Plan.

   (K)   Any other factors relevant to the suitability of rezoning the property.

At every hearing before the Commission, the Commission shall hear all persons interested in the subject matter. Not later than sixty (60) working days after the conclusion of the hearing, the Commission shall file a report stating the action taken by the Commission at such hearing or its recommendation to the City Council.

The City Council shall either approve, disapprove or modify the recommendations of the Commission. The City Council shall hold a public hearing, in accordance with Section 11-15-6.

In the event the City Council shall have approved or modified the recommendation of the Commission, the City Council shall cause to be prepared the appropriate ordinance of amendment. However, no ordinance amending the New Plymouth City 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 newspaper of the City.

No application for the change or reclassification of any property, zone or land use classification, which has been denied by the City Council shall be resubmitted in either the same or substantially the same form, with reference to substantially the same premises or the same purpose, with one year from the date of final action thereon. Any party adversely affected by any action of the Commission or Board may appeal pursuant to the appellant procedures herein contained. (Ord., 5-7-84)