§ 109-24. Amendments.

(a)

The council may, from time to time on its own action or on petition, after public notice and hearings as provided by law, and after report by the commission, amend, supplement, or change the boundaries or regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the council.

(b)

Prior to and in addition to the above requirement, whenever any person, firm or corporation desires that any amendment or change be made in this chapter as to any property in the city, there shall be presented to the commission a petition requesting such change or amendment signed by owners of at least 50 percent of the area of all real estate included within the boundaries of the tract as described in said petition. The petition shall contain:

(1)

A legal description of the real estate for which rezoning is requested.

(2)

The existing zoning classification.

(3)

The requested rezoning classification and reasons for the petition.

(4)

A plat showing the name and address of all owners of record as found in the county assessor's records of all property which is located 300 feet or less from the boundaries of the proposed property to be rezoned.

(5)

If the petition is requesting a P-D Planned Development District, it shall also have attached to it such proposed development plans as required by this chapter.

(6)

A filing fee to be credited to the general fund of the city, for covering the cost of publishing notice and administrative costs, as determined by the council.

(c)

Within 30 days after filing of such petition, the commission, acting as a commission, shall fix a time, date, and place of hearing on the petition which date shall be no more than 60 days after the filing of such petition. The commission shall upon setting the time, date, and place of the public hearing, notify by mail all property owners included in the proposed rezoning and all adjacent property owners as shown on the plat, of the scheduled hearing. The notice of hearing shall be mailed at least ten days prior to the hearing and shall contain a description of the proposed property to be rezoned and the present and proposed zoning classification.

(d)

In case the proposed amendment, supplement, or change be disapproved by the commission, or a protest be presented duly signed by the owners of 20 percent or more of the area of the lots included in such proposed change, or those immediately adjacent in the rear thereof extending the depth of one lot and not to exceed 200 feet therefrom, or of those directly opposite thereof extending the depth of one lot or not to exceed 200 feet from the street frontage of such, such amendment shall not become effective except by the favorable vote of at least three-fourths of all of the members of the council. Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the council until 12 months shall have elapsed from the date of the filing of the first petition.

(e)

Unless any lot, tract, or parcel of land hereafter zoned to a less restrictive classification as herein provided has been used or developed for such less restrictive classification within two years from such rezoning or unless there exists an unexpired building permit for the development thereof at the end of such two years the commission may, prior to the bona fide commencement of the use or development of the land in its less restrictive classification, after ten days' notice, in writing, to the then record owner of the land providing a reasonable opportunity to be heard, initiate and recommend to the council that the land be rezoned to its zoning classification as established at the date of the original passage date of the ordinance from which this chapter is derived.

(f)

Publication of the legal description of the property zoned or rezoned shall constitute an official amendment to the official zoning map; and, as such, such map or portion of such map need not be published; provided, however, that the administrator shall make or cause to be made a notation of the rezoning on each official zoning map. The notation shall include the legal description of the property which was rezoned, the date of rezoning, the ordinance number establishing the rezoning, and the name of the person making the notation.

(Prior Code, § 121.24)

State law reference

Amendments and protests thereto, I.C.A. § 414.5.