A.   Generally: Whenever the public necessity, convenience, and general welfare or good zoning practices require, the city council may, by ordinance and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

   B.   Amendment To Text Of Zoning Title: An amendment to the text of this zoning title may be initiated by the council, or by any citizen or taxpayer of the city through a petition in writing filed with the city clerk. The council may hold a public hearing on any such amendment. Advertisement and notice costs shall be paid by the petitioner.

   C.   Amendment To Official Zoning Map: An amendment to change the official zoning map may be initiated by the council or any owner or contract buyer of property in the city. The owner or contract buyer may file a petition in writing and shall file an application for such change to the official zoning map with the city clerk as specified herein. Advertisement and notice costs shall be paid by the petitioner. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Application for amendments to the official zoning map shall be filed with the city clerk and shall contain at least the following information:

   A.   Name, address and telephone number of applicant;

   B.   Present land use;

   C.   Present zoning district;

   D.   Proposed land use;

   E.   Proposed zoning district;

   F.   A vicinity map, (drawn to a readable scale), showing property lines, thoroughfares, linear feet measurements for all parcels of land within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and the existing zoning district for each parcel;

   G.   A list of all property owners and purchasers and their mailing addresses who are within three hundred feet (300') of the external boundaries, streets and alleys excluded, of the land being considered and keyed to the vicinity map;

   H.   A statement on how the proposed amendment relates to the comprehensive plan, availability of public facilities and compatibility with the surrounding area. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Amendments to this zoning title and official zoning map shall be made in the following manner:

   A.   Requests shall be submitted to the city council, which shall evaluate the request to determine the extent and nature of the amendment requested;

   B.   If the request is in accordance with the adopted comprehensive plan, the city council may adopt or reject the amendment under the notice and hearing procedures as herein provided; and

   C.   If the request is not in accordance with the adopted comprehensive plan, the city council may adopt to 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 as hereinafter provided for, the city council shall hold a public hearing and make a decision on the proposed zoning amendment. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

   A.   City Council Public Hearing, Zoning Title Amendments: Not more than sixty (60) days following the filing of the application to amend this zoning title, 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 a summary of the zoning title amendment shall be published in the official newspaper of the city. Following the city council's hearing, if the city council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the city council makes a final decision. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

   B.   Official Zoning District Map Amendments: Not more than sixty (60) days following the filing of the application to amend the official zoning district map, 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 a summary of the official zoning district map amendment shall be published in the official newspaper of the city. Additional notice by United States mail, postage prepaid, shall be provided to property owners and purchasers within three hundred feet (300'), excluding streets and alleys, and any additional area that may be impacted by the proposed change as determined by the council. When notice is required to two hundred (200) or more property owners or purchasers, alternate forms or procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice. (Ord. 370, 6-9-2005; amd. Ord. 398, 8-14-2009)

   A.   The city council, prior to adopting, revising or rejecting the amendment to this zoning title, and after holding its public hearing and having made no material change from what was presented at the public hearing, shall make a decision.

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

      1.   The ordinance and standards used in evaluating the application; the reasons for approval or denial; and

      2.   The actions, if any, that the applicant could take to obtain a permit.

   C.   In the event the city council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance and the city official zoning map being duly amended. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

In the event that a public hearing is held, the applicant shall pay the appropriate fee. (Ord. 370, 6-9-2005; amd. Ord. 398, 8-14-2009)

There shall accompany any application processed under this section a certificate of a reputable title insurance company licensed under the laws of the state, listing the names and addresses of the record owner or contract purchasers as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon the tax rolls of the county assessor of Benewah County within the land being considered, and within three hundred feet (300') of the external boundaries, streets and alleys excluded, of said land. The cost of the title report shall be the sole responsibility of the applicant. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)