This chapter establishes a city planning and zoning commission and provides for appointment of a zoning administrator. (Ord. 459-13, 2013)

A planning and zoning commission is established, as authorized by Idaho Code 67-6504.

   A.   The commission shall consist of five (5) members appointed by the mayor and council, with one commissioner having residence in the city of Ashton’s area of impact. As required by Idaho Code 67-6504(a), all commission members shall have resided in Fremont County, Idaho, for at least two (2) years prior to their appointment.

   B.   Commission members shall serve terms of three (3) years, except those members initially appointed, who shall serve terms, as set by lottery, of one, two (2), or three (3) years, in order to provide for the annual appointment of at least one member. No member shall serve more than two (2) full consecutive terms. (Ord. 494-22, 2022; Ord. 482-21, 2021; Ord. 459-13, 2013)

The commission shall, as required by Idaho Code 67-6508, "conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan" for the city. The commission shall exercise all powers granted it by the local land use planning act and fulfill all duties required by this title, including, but not limited to:

   A.   Hearing appeals from decisions of the administrator, as provided by subsections 17.16A.070D and 17.16D.040B2, and section 17.20.040 of this title;

   B.   Reviewing the impacts of proposed developments referred by the administrator, as provided by subsection 17.16A.070F of this title;

   C.   Reviewing and acting upon applications for class II permits, as provided by section 17.16A.080 of this title, and applications for variances, as provided by section 17.16B.020 of this title; and

   D.   Making recommendations on proposed amendments, as provided by section 17.16E.010 of this title, and on proposed vacations, as provided by section 17.16F.010 of this title. (Ord. 459-13, 2013)

The duties of the mayor and council in the administration shall include, but are not limited to:

   A.   Appointment of an administrator, as permitted by section 17.12.050 of this chapter;

   B.   Hearing appeals from decisions of the commission, as provided by subsection 17.16A.080I of this title and in all other cases where the commission makes a decision;

   C.   Reviewing and acting on proposed plat amendments, as provided by subsection 17.16A.070E of this title, final plats recommended for approval by the commission, as provided by subsection 17.16A.080J of this title, amendments, as provided by section 17.16E.010 of this title, and vacations, as provided by section 17.16F.010 of this title. (Ord. 459-13, 2013)

The mayor and council may appoint an administrator, who shall perform the following duties:

   A.   Assist the public in understanding the applicability and requirements of this title;

   B.   Review applications for permits required by this title, accepting only complete applications, as required by section 17.16A.040 of this title;

   C.   Review applications for class I permits for compliance with this title and approve or disapprove such applications as required by its provisions;

   D.   Arrange for professional review of applications for class II permits, as provided by subsection 17.16A.080D of this title;

   E.   Issue certificates of compliance, based on site inspections, and enforce the provisions of development agreements;

   F.   Investigate possible violations of this title;

   G.   Properly account for all fees collected in the administration of this title and prepare monthly and annual reports of development activity in the city;

   H.   Perform all other duties assigned by this title and assist the commission in the execution of its duties. (Ord. 459-13, 2013)

No individual, including council or commission members, the administrator, or other city employees, who acts in good faith and without malice in the performance of duties assigned by this title shall be held liable for errors or omissions in its administration. A suit brought against such an individual shall be defended by the city and any judgment resulting from such a suit shall be the liability of the city. (Ord. 459-13, 2013)