A. General: Whenever the public necessity, convenience, general welfare or good zoning practices require, the City Council may, by ordinance 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 staff initiative;
2. By adoption of a motion by the City Council;
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 same amendment.
C. Application: Applications for amendments to the Official Zoning Map adopted as part of this title shall contain at least the following information:
1. Name, mailing address, e-mail address and phone number of the applicant;
2. Proposed amending ordinance, formatted as currently approved by the City 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 City Council.
D. Transmittal To The City Council: Zoning districts shall be amended in the following manner:
1. Requests for an amendment to this title shall be submitted to the Administrator 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 Administrator may recommend, and the City Council may adopt or reject the Code 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 City Council, which 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, as hereinafter provided for.
E. City Council Public Hearing: The City Council shall hold a public hearing and make decisions on proposed zoning amendments. Zoning amendments may consist of text or map revisions.
1. Zoning Code Text Amendment: The City Council, prior to adopting, revising, or rejecting a Zoning Code text amendment shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
2. Zoning Code Map Amendment: The City Council, prior to adopting, revising, or rejecting a Zoning Code map amendment that is in accordance with the Comprehensive Plan, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
F. Action By City Council: The City Council, prior to adopting, revising or rejecting the amendment to this title shall conduct at least one public hearing. Following the City Council hearing, if the City Council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the City Council adopts the amendment.
Upon granting or denying an application to amend this title, the Council shall specify:
1. The code and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
In the event the City Council shall approve an amendment, such amendment shall thereafter be made a part of this title upon the preparation and passage of an ordinance.
G. Resubmission Of Application: No application for a reclassification of property which has been denied by the City 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. 597, 8-6-2018)