A. Council Authority; Procedure: The city council may, from time to time by duly enacted ordinance, amend, supplement, change or vary this title, or may grant a conditional use permit thereunder; however, no such amending ordinance shall be passed or conditional use permit granted except in the following manner: (Ord. 3-95, 5-8-1995, eff. 5-8-1995)
1. File Petition; Fee: The person or party so desiring such amendment, variance or change, or conditional use permit shall file a petition in duplicate, in the form provided by the council, together with a filing fee as hereby required, not less than fourteen (14) days prior to a regular meeting of the city council. The city clerk shall immediately forward appropriate copies of the petition to any officer or administrative department affected by said petition. (Ord. 7-2008, 9-8-2008)
2. Determine Time For Hearing; Issue Notices: The council, at its next regular meeting, shall fix a time for hearing on the petition. Notice shall be given of the time and place of such hearing not more than thirty (30) days or less than fifteen (15) days before the hearing, by publishing the notice thereof in one or more newspapers published in the county as required by Idaho Code, as follows:
Idaho Code section 67-6509, recommended adoption for:
Zoning ordinance, Idaho Code section 67-6511
Conditional use permit, Idaho Code section 67-6512
Variance, Idaho Code section 67-6516
(Ord. 9-2015, 7-13-2015)
3. Conduct Of Hearing On Petition:
a. Commission Recommendation To Council: (Rep. by Ord. 7-2008, 9-8-2008)
b. Testimony Of Parties In Interest: At such hearing, parties in interest may appear in person or by agent or attorney and testify and offer evidence relevant and material to the petition.
B. Nonconformities Restricted: No variation, amendment or permit shall be allowed:
1. To permit a nonconforming use which will materially interfere with use of the adjoining property in conformity with the regulations applicable to the use zone in which it is located.
2. To permit a nonconforming industrial zone use in a commercial zone:
a. Unless it is an extension of a permitted nonconforming use by enlarging a building or erecting additional buildings as part of one establishment upon a lot or lots adjoining a lot on which such nonconforming use exists; or
b. Unless a separate tract, the title of which was on record on the effective date hereof, is divided by a district boundary line, but such variation shall be limited to the use permitted in the adjoining zone and shall not be extended more than twenty five feet (25') beyond the zone boundary line. (Ord. 3-95, 5-8-1995, eff. 5-8-1995)
C. Time Limit For Implementation: Any variance or conditional use granted pursuant to the terms of this section must be fully implemented within one year (365 days) or the granting of said variance or conditional use shall cease and no longer be considered granted by the city council. (Ord. 9-2015, 7-13-2015)