(A) Initiation of Proceedings and Fee:
1. This Title may be amended whenever the Council deems that amendment is required for public convenience or necessity, or for general welfare. Any amendment shall be enacted pursuant to this Section, and for purposes of this Section, includes any measure to change district boundaries, establish or disestablish districts, to change district regulations, to add, repeal or amend any other provisions of this Section or the whole of this Title.
2. An amendment to the text of this Title or to the official Zoning Map may be initiated by a resolution of intention by the Planning Commission or the City Council or by an application of one or more of the owners of property affected by the proposed amendment.
3. Applications from a property owner shall be filed with the Planning Commission on forms prescribed by the Planning Commission, or if not forms, then in accordance with this Chapter, accompanied by such data and information necessary to assure the fullest presentation of facts. Applications shall contain the following information:
a. Name, address and phone number of applicant.
b. Proposed amending ordinance, approved as to form by the Council.
c. Present land use.
d. Present zoning district.
e. Proposed use.
f. Proposed zoning district.
g. A vicinity map at a scale approved by the Commission showing property lines; thoroughfares, existing and proposed zoning and such other items as the Commission may require.
h. 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.
i. A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities and compatibility with the surrounding areas.
4. No application from an owner of property for the same general purpose concerning the same property which has been denied by the City shall be received or processed by the secretary of the Commission within twelve (12) months of such denial except by unanimous action of the Planning Commission, unless there is an amendment to the Comprehensive Plan which applies to the property in question.
5. A filing fee as prescribed by the City Council shall be paid at the time of the filing by the owner or owner's representative but no fee will be required in the case of proceedings instituted by either the Council or the Planning Commission.
(B) Transmittal to Commission: Zoning districts shall be amended in the following manner:
1. Requests for an amendment to the Zoning Ordinance shall be submitted to the Commission which 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;
3. If the request is not in accordance with the adopted comprehensive plan, the request shall be submitted to the 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, the zoning ordinance may then be amended as hereinafter provided for. The hearing on the comprehensive plan and the proposed change to the zoning ordinance may be held concurrently.
(C) Commission Public Hearing: 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 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 a summary of 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.
2. 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 a summary of the amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Additional notice of hearing shall be provided by certified mail to property owners by the applicant 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 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 recommendation to the council.
(D) Recommendation By Commission: When sixty (60) 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 that the amendment be denied. The commission shall ensure that any favorable recommendations for amendments are in accordance with the comprehensive plan and established goals and objectives. (Ord. 207, 3-17-1987)
(E) Action By Council: 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. If the recommendations of the commission are adopted, no public hearing before the council shall be necessary. If the commission's recommendations will be materially revised by the council, the council may return the same to the commission for further consideration and hearing, or the council shall conduct at least one public hearing before making said revisions. (Ord. 2012-294, 2-1-2012)