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 Idaho Code, section 67-6511, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 518, 6-10-2008)

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

   A.    By the commission;

   B.    By the city 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. 518, 6-10-2008)

Applications for amendments to the official zoning map, adopted as part of this title shall be filed with the administrator and contain at least the following information:

   A.    Name, address and phone number of the applicant and his representative;

   B.    Proposed amending ordinance, approved as to form by the city council;

   C.    Present land use;

   D.    Present zoning district;

   E.    A vicinity map at a scale approved by the commission showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;

   F.    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 which must be provided by and certified to by a licensed title company doing business in Kootenai County, Idaho;

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

   H.    A fee as established by the council in accordance with this title. (Ord. 518, 6-10-2008)

The zoning ordinance shall be amended in the following manner:

   A.    Requests for an amendment to the zoning ordinance shall be submitted to the commission, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.

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

   C.    If the request is found to not be in accordance with the comprehensive plan, the commission shall recommend that the city council reject the requested amendment.

   D.    Requests for an amendment to the zoning ordinance shall then be submitted to the council, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.

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

   F.    If the request is found to not be in accordance with the comprehensive plan, the council shall reject the requested amendment. (Ord. 518, 6-10-2008)

The commission shall hold a public hearing and make recommendations to the city council on proposed zoning amendments. Zoning amendments may consist of text or map revisions.

   A.    Zoning Ordinance Text Amendment: Within a reasonable time period following the filing of the application, the commission, prior to recommending a zoning ordinance text amendment to 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 the amendment shall be published in the newspaper designated as the official newspaper of the city of Spirit Lake. 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.

   B.   Zoning Ordinance Map Amendment: Within a reasonable time period following the filing of the application, the commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to 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 the amendment shall be published in the newspaper designated as the official newspaper of the city of Spirit Lake. Additional notice by first class U.S. mail shall be provided to property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, three (3) notices in the newspaper designated as the official newspaper of the city of Spirit Lake is sufficient, provided that, the third notice appears ten (10) days prior to the public hearing.

   C.    Material Change: 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 its recommendation to the council. (Ord. 518, 6-10-2008)

The council, prior to adopting, revising, or rejecting the amendment to the zoning ordinance as recommended by the commission may conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the city 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.

upon granting or denying an application to amend the zoning ordinance, the council shall specify:

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

   B.    The reasons for approval or denial. (Ord. 518, 6-10-2008; amd. Ord. 614, 7-14-2020)

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. 518, 6-10-2008)

Upon annexation of an unincorporated area, the council shall request and receive a recommendation from the commission on the proposed comprehensive plan and zoning ordinance changes for the unincorporated area. The commission and the council shall follow the notice and hearing procedures provided in Idaho Code, section 67-6509. Concurrently with the adopting of an ordinance of annexation, the city council shall amend the zoning ordinance. (Ord. 518, 6-10-2008)