A. Authority: 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 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;
2. By adoption of a motion by the council; or
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. Application For Amendment: Applications for amendments to the official zoning map, adopted as part of this title by reference, shall contain at least the following information:
1. Name, address and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the council;
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 administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the administrator may require;
8. 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;
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 as established by the council. (Ord. 256, 2-7-1995)
D. General Procedure For Amendments: Zoning districts shall be amended in the following manner:
1. Request for an amendment to this title shall be submitted by the commission which shall evaluate the request to determine the extent and nature of the amendment requested.
2. Request shall be reviewed by the commission and shall be evaluated to determine if such action shall create a demand for public infrastructure that is not currently available for the site including, but not limited to, municipal sewer and water services.
3. If the request is in accordance with the adopted comprehensive plan, the commission may recommend and the council may adopt or reject the amendment under the notice and hearing procedures as herein provided.
4. If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the planning or planning and zoning commission, or in its absence, the council, 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, this title may then be amended as hereinafter provided for. (Ord. 530, 10-18-2005)
E. Public Hearings, Notice: The commission shall hold a public hearing and make recommendations on proposed zoning amendments. Zoning amendments may consist of text or map revisions.
1. Zoning Text Amendment: The commission, prior to recommending a zoning text amendment to the council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. The commission shall follow the notice requirements provided in section 8-7-8 of this chapter. 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.
2. Zoning Map Amendment: The commission, prior to recommending a zoning 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. The commission shall follow the notice requirements provided in section 8-7-8 of this chapter. (Ord. 270, 5-29-1996)
F. Action By Commission:
1. Recommendation By The Commission: Within forty five (45) days from the receipt 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 a modification of the amendment requested, or it may recommend that the amendment be denied. The commission shall ensure that any recommendations for amendments are in accordance with the following findings:
a. The proposed zoning ordinance amendment is in accordance with the comprehensive plan and established goals and objectives and the future land use map;
b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve any and all uses allowed on this property under the proposed zone;
c. The proposed zone is compatible with the zoning and uses in the surrounding area;
d. No nonconforming uses will be created with this rezone.
G. Action By Council:
1. The Council, prior to adopting, revising or rejecting the amendment to this title as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission. 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. The City Council shall make findings as required in subsection F of this section. (Ord. 530, 10-18-2005)
2. Upon granting or denying an application to amend this title, the Council shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain the amendment.
H. Effect Of Amendment Approved: In the event the Council shall approve an amendment, such amendment shall thereafter be made part of this title upon the preparation and passage of an ordinance.
I. Resubmission Of Application: 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. 256, 2-7-1995; amd. Ord. 530, 10-18-2005)