A. General: Whenever the public necessity, convenience, general welfare, or good zoning practices require, the council may, after receipt of recommendation thereon from the commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.
B. Initiation Of Zoning Amendments: Amendments to this title may be initiated in one of the following ways:
1. By adoption of a motion by the commission, if appointed;
2. By adoption of a motion by the council; and
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.
C. Contents Of Application: Applications for amendments to the official zoning map adopted as part of this title shall contain at least the following information:
1. Name, address, and telephone number of applicant;
2. Proposed amending ordinance, approved as to form by the board;
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 council showing property lines, thoroughfares, existing and proposed zoning and such other items as the council may require;
8. A list of all property owners and their mailing addresses who are within three hundred feet (300') or as determined by the planning and zoning commission 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; and
10. A fee according to schedule as established by resolution of the council.
D. Transmittal To Commission, If Appointed, And/Or The Council: Zoning districts shall be amended in the following manner:
1. Requests for an amendment to the zoning ordinance shall be submitted to the commission, if appointed, who shall evaluate the request to determine the extent and nature of the amendment requested;
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 as herein provided; and
3. If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the commission, 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 ordinance may then be amended as hereinafter provided for.
E. Commission Public Hearing: The commission, if appointed, shall hold a public hearing and make recommendations or proposed zoning amendments. Zoning amendments may consist of text or map revisions.
1. Zoning Ordinance Text Amendment: The commission, prior to recommending a zoning ordinance text amendment to the 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 official newspaper or paper of general circulation within the jurisdiction. 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 if the council will not conduct a subsequent public hearing concerning the proposed change. If the council will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the council.
a. Zoning Ordinance Map Amendment: The commission, prior to recommending a zoning ordinance map amendment that is in accordance with the comprehensive plan to the 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 official newspaper or paper of general circulation within the jurisdiction. Additional notice shall be provided by mail 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 official newspaper or paper of general circulation is sufficient, provided that, the third notice appears not less than ten (10) days prior to the public hearing. 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 recommendations to the council if the council will not conduct a subsequent public hearing concerning the proposed change. If the council will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the council.
F. Recommendation By Commission: Within a reasonable time period after the public hearing of the proposed amendment, the commission shall transmit its recommendation to the council. The commission may recommend that the amendment be granted as 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 established goals and objectives.
G. Action By The Council: The council, prior to adopting, revising, or rejecting the amendment to the zoning ordinance as recommended by the commission shall conduct at least one public hearing using the same notice and hearing procedures as the commission. If the commission has not been appointed, the council will hold only one single public hearing as specified herein. Following the 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.
Within a reasonable time period after the public hearing of the proposed amendment, the council shall accept the recommendation of the commission's report unless rejected by a vote of one-half (1/2) plus one of the members.
Upon granting or denying an application to amend the zoning ordinance, the council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The facts and reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
H. Resubmission Of Application: No application for 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.
I. Zoning Upon Annexation: Prior to annexation of an unincorporated area, the commission shall make a recommendation to the city council for changes to the comprehensive plan and zoning ordinance for the unincorporated area to be annexed. (Ord. 499, 4-16-2009)