The Council shall appoint an Administrator to administer this title. The Administrator, commonly referred to as the Community Development Director, may be provided with the assistance of such other persons as the Council may direct. The Administrator's duties include, but are not limited to, the following:

   A.   Advise interested citizens of the provisions of this title.

   B.   Inform the news media regarding land use and zoning matters of public interest, particularly the time and place of public hearings.

   C.   Prepare the agenda for the monthly meetings of the commission.

   D.   Aid applicants in the preparation of required forms and permit applications. Where practical, he/she may combine related permits for the convenience of the applicant.

   E.   Investigate all violations of this title, and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation.

   F.   Receive, file, and transmit to the commission or Council all applications, petitions, transcripts, and other communications on which they must act. Advise the commission and the Council of pertinent provisions of this title regarding development proposals.

   G.   Maintain permanent and current records of applications, reclassifications, variances, and conditional use permits and of the hearings and actions thereon.

   H.   Review and make, or recommend, decisions as follows:

      1.   Reductions in front yard setbacks to no less than 10 (ten) feet from the property line.

      2.   The Administrator, with concurrence from the Chair or the Chair's designee, has the authority to review and grant design review approval of Accessory Dwelling Units (ADU's) in the General Residential (GR) Zoning District.

      3.   The Administrator, with concurrence from the Chair or the Chair's designee, has the authority to approve minor modifications to projects that have received design review approval by the Commission prior to, and for the duration of a valid building permit. The Administrator shall make the determination as to what constitutes minor modifications and may include, but are not limited to, changes to landscape plans, changes to approved colors and/or siding materials, changes to colors, changes to dumpster enclosures, changes to exterior lighting fixtures and location, or changes to windows that do not significantly affect project design, appearance or function. All approved modifications must be documented in a memo to the project file and on the approved set of plans on file with the building department. For modifications to design review approval that are determined by the administrator not to be minor, the Administrator has the authority to recommend approval or denial of such modifications, subject to final decision by the commission on its consent agenda. Such recommendations for approval or denial shall be in the form of findings of fact, and conclusions of law.

      4.   All applications shall be held and noticed in the regular meeting format and noticed according to Idaho Code 67-2343. (Ord. 2015-02, 4-20-2015; amd. Ord. 2019-10, 9-23-2019)

   A.   Commission Established: A Planning and Zoning Commission is hereby established.

   B.   Membership; Appointment And Term:

      1.   The membership and appointment of the commission shall be governed by the provisions of Idaho Code section 67-6504, as amended, and applicable ordinances of the City. (Ord. 2015-02, 4-20-2015)

      2.   The commission shall consist of no more than five (5) voting members. Each member shall be appointed by the Mayor and confirmed by the Council. The Council, in creating the commission, shall provide that the areas and interests within its jurisdiction are broadly represented on the commission. Each member shall have been a resident of the City for the two (2) years prior to appointment to the commission and shall be a resident of the City at the time of appointment; except, that one member may reside outside the corporate limits of the City but within the City's Area of Impact, in which case, the member shall have been a resident of Blaine County for the two (2) years prior to appointment. Each member shall serve for a term of three (3) years from the date of his/her appointment. No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the Council adopted by motion and recorded in the minutes. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

   C.   Compensation: Commission members may receive such compensation as provided by the Council for reimbursement for related associated costs to perform the functions or the duties as Planning and Zoning Commissioners.

   D.   Organization: The commission shall elect a Chair and create any additional offices it may deem necessary. The commission may establish subcommittees, advisory committees, or neighborhood groups to advise and assist in carrying out the responsibilities under this section. The commission may enact a set of bylaws to guide its operation.

   E.   Meetings, Records And Voting: At least one regular meeting shall be held each month for not less than nine (9) months in a year. Additional special or workshop meetings may be scheduled as necessary. All meetings and records shall be open to the public. A record of meetings, hearings, resolutions, studies, findings, permits, and actions taken shall be maintained. All members shall have voting rights. A majority of the members of the commission shall constitute a quorum.

   F.   Responsibilities And Duties: The commission shall hold public meetings, hearings, surveys, etc., to obtain input to the planning process. The commission may also conduct informational meetings to consult with public officials and agencies, civil or professional organizations, etc. As a result of such meetings, the commission may submit recommendations to the Council concerning the planning process. Further, the commission shall:

      1.   Initiate amendments to this title, the subdivision ordinance, and the Comprehensive Plan.

      2.   Periodically review all privately proposed amendments to this title, the subdivision ordinance and the Comprehensive Plan, and make recommendations to the Council.

      3.   Review development proposals according to the process outlined in the subdivision ordinance.

      4.   Review applications for zoning reclassification and make recommendations to the Council.

      5.   Review, grant, or deny conditional use permit applications and applications for variances.

      6.   Hear and decide appeals when it is alleged that an error has been made by the Administrator.

   G.   Conflict Of Interest: A member or employee of the commission shall not participate in any proceeding or action when the member or employee (or his employer, business partner, associate, or any person related to him by affinity or consanguinity within the second degree) has an economic interest in the procedure or action.

   H.   Retroactive Effect Of Amendments: The amendments to this section shall apply retroactively to commission members appointed before the effective date hereof. (Ord. 2015-02, 4-20-2015)

   A.   Appeals From Decisions Of Administrator:

      1.   Notice Of Appeal: Any person aggrieved by a decision of the Administrator made in interpreting or enforcing this title may appeal such a decision to the commission by filing a notice of appeal with the commission within fifteen (15) days of such decision, stating the date and nature of the decision from which appealed and the grounds for the appeal. If no notice of appeal is so filed, the decision of the Administrator shall be final and not subject to further appeal or review.

      2.   Copies Of Record On Appeal: Within twenty (20) days of the filing of the notice of appeal, the Administrator shall provide the appellant and file with the commission copies of the record on appeal, including all applications and other documents and exhibits pertinent to the appeal, together with the Administrator's certificate stating that the documents listed comprise the complete record of the decision under appeal.

      3.   Hearing By Commission: The commission shall hold a public hearing on all appeals from the decisions of the Administrator within thirty (30) days of the Administrator's certification of the record on appeal. The appeal shall be based and heard solely upon the record before the Administrator. The commission shall, within thirty (30) days after the hearing, enter a written order affirming, reversing or modifying the Administrator's decision. The order shall also contain the reasons for the commission's decision.

      4.   Decision By Commission: The commission shall, within ten (10) days after the hearing, enter a written order affirming, reversing, or modifying the Administrator's decision. The order shall also contain the reasons for the commission's decision.

   B.   Appeals To Council:

      1.   Notice Of Appeal; Estimated Costs: Any person aggrieved by any final action of the commission may appeal the commission's decision to the Council by filing a notice of appeal within fifteen (15) days from the date of the decision. The notice of appeal shall state the date and substance of the decision appealed from and state the grounds for the appeal. Copies of the notice of appeal shall be filed with both the Council and the commission. The Administrator shall provide any such aggrieved person with a written statement of the estimated cost of transcript preparation. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

      2.   Transmission Of Record: Within thirty (30) days after a notice of appeal is filed, the commission shall prepare three (3) copies of a summary of the proceedings from which appealed and forward said summary to the Council. A transcript of the proceedings may be prepared at the appellant's expense. The cost of the transcripts shall be paid in full before the transcript may be forwarded to the Council. The commission shall serve one copy of the summary or transcript on the appellant and one copy on the attorney for the respondent. The commission shall submit to the Council with the summary or transcript all documents, exhibits, and orders pertinent to the appeal.

      3.   Hearing By Council: The Council shall hold a hearing on the appeal as soon as possible following receipt of the Administrator's certificate and the commission's record. The Council shall publish a notice specifying the time, date and place of the hearing and stating the subject of the appeal. The notice shall be published once in the official newspaper at least fifteen (15) days prior to the hearing. The Council may not take additional evidence at the hearing. The parties to the appeal may present briefs to the Council. Each party may present not more than fifteen (15) minutes of oral argument to the Council.

      4.   Decision By Council: The Council shall enter an order within fifteen (15) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the decision.

   C.   Request For Reconsideration: An applicant or affected person who seeks judicial review of a decision by the administrator, hearing examiner, commission or council must first seek reconsideration of the final decision within fourteen (14) days. A request for reconsideration shall be made to the person or body who makes a recommendation. A request for reconsideration must allege and identify specific deficiencies in the decision. Upon a reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or request is deemed denied. A decision shall not be deemed final for purposes of an appeal or judicial review unless the process required herein has been followed. The time to file an appeal or seek judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.

   D.   Mediation:

      1.   Authority: The mediation of land use decision will be governed by the provisions in Idaho Code Section 67-6510, as amended, and this title.

      2.   Public Hearing: If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing, consistent with the type of hearing which resulted in the original decision, before the decisionmaking body.

      3.   Action by the Council: The council shall act on the mediation recommendations within sixty (60) days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 2015-02, 4-20-2015; amd. Ord. 2019-02, 4-22-2019)

The provisions of this title shall be enforced in the following manner:

   A.   Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint with the Administrator stating the causes and bases thereof. The Administrator shall investigate and forward to the City Attorney the results of such investigation and the complaint. (Ord. 2015-02, 4-20-2015)

   B.   A violation of this title shall be a misdemeanor, punishable as provided in section 1-4-1 of this Code. Each day that such a violation continues shall constitute a separate criminal offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of such a violation.

   C.   In addition to the criminal sanctions in subsection B of this section, whenever a violation of this title occurs, the City Attorney may institute proceedings in the District Court seeking civil penalties not to exceed one thousand dollars ($1,000.00) or six (6) months' imprisonment. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

   D.   Whenever it appears to the Council that any person has engaged in or is about to engage in any act or practice violating any provision of this title, the Council may institute a civil action in the District Court to enforce compliance with this title.

   E.   Nothing herein shall be construed as preventing any private citizen from pursuing any available civil remedy for the prevention of any activity which constitutes a violation of this title. (Ord. 2015-02, 4-20-2015)