A.   General Duties: It shall be the duty of the building department to provide for the administration of this title and the comprehensive plan. The department shall serve as the technical staff on planning and zoning issues before the city council and the planning and zoning commission. The department shall assist the public in compliance with zoning requirements, including the interpretation of this title and with the preparation and submittal of zoning applications.

   B.   Specific Duties And Responsibilities: The specific duties and responsibilities of the department shall be as follows:

      1.   Provide and maintain a continuing program of public information on zoning matters and provide planning and zoning assistance to the public as requested.

      2.   Review the standards for those allowed uses that must meet specific standards prior to approval and provide notice to the applicant and adjacent property owners, as herein specified.

      3.   Accept, evaluate and submit a written report, including findings of fact and recommended conclusions of law, to the appropriate authority for all commission and council level applications.

      4.   Review building permit applications for zoning compliance.

      5.   Provide public notice of all public hearings held for the review of planning and zoning applications.

      6.   Maintain records and files of all zoning applications and of the hearings and actions thereon.

      7.   Maintain a vigorous zoning enforcement program to decrease violations of this title.

      8.   Prepare an annual annexation program for submittal to the planning and zoning commission and the city council.

      9.   Initiate revisions and amendments of this title and the comprehensive plan.

      10.   Prepare special studies and plans as appropriate.

      11.   Make interpretations of the provisions of this title and the comprehensive plan.

      12.   Coordinate zoning and development applications with the appropriate city departments and agencies.

      13.   Determine the classification of all uses not specifically identified in this title. (2003 Code § 11-02-01)

   A.   Authority Of Decisions: The building director shall be responsible for all decisions and actions of the building department. The decisions of the building director shall be final unless an appeal is made as herein provided.

   B.   Determination Of Use: Whenever there is doubt as to the classification of a use not specifically mentioned in this title, the determination shall be made by the building director. Such determination shall be based upon a detailed description of the proposed use and such other information as may be required. The building director shall make such investigations as are necessary to compare the nature and characteristics of the proposed use with those of listed uses in the various districts, and shall determine that the use is, in all essentials, pertinent to the objectives of this title, of the same character as a use listed as allowed or as a conditional use permitted in one of such specified district or districts. No use added by such administrative determination shall permit in any district a use that is a conditional use in such districts or in any less restricted district, nor shall same permit a use that is an allowed use in a less restrictive district. The determination of the building director shall be final, unless an appeal is made as herein provided. (2003 Code § 11-02-02)

   C.   Enforcement Assistance: It shall be the duty of the director of the building department, or an authorized representative, to help enforce the provisions of this title, including the following:

      1.   Assist in the enforcement of this title, including making effective response to citizen inquiries, comments and complaints, and aid in the prosecution of violators;

      2.   Conduct inspection of buildings and structures in relation to:

         a.   Location on the property with respect to property lines, and taking appropriate enforcement or remedial action;

         b.   Identifying or assisting in the identification of illegal uses;

         c.   Helping ensure compliance with the terms and conditions of this title and with any applicable conditions of approval from a conditional use approval.

      3.   Maintain permanent records of all inspections and determinations made involving the inspections of buildings, structures and the use of lands to promote continuous compliance with the terms of this title. (2003 Code § 11-02-03)

   A.   Members; Appointment: The planning and zoning commission shall consist of a total of seven (7) members, to be appointed by the mayor and confirmed by the city council.

      1.   Each commission seat will be for a three (3) year term, with two (2) commissioners appointed in years one and two (2) and three (3) commissioners appointed in year three (3).

      2.   Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Should a seat become vacant mid-term, a new commissioner will be appointed to fill the remaining term of the vacant seat.

      3.   No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the city council adopted by motion and recorded in the minutes.

   B.   Chairperson: The planning and zoning commission shall appoint one of its members as chairperson of the commission, who shall hold office as chairperson for such term as the commission shall so designate, and the commission may elect a co-chairperson, who shall act as chairperson in the absence of the chairperson of the commission. (2003 Code § 11-02-04)

   C.   Duties, Jurisdiction And Authority: The duties, jurisdiction and authority of the planning and zoning commission are: (2003 Code § 11-02-04)

      1.   To prepare and recommend a comprehensive plan for the future development of the city and review the provisions of said plan from time to time, and make a report of its findings and recommendations to the city council;

      2.   To receive and act upon applications for actions authorized and specified herein;

      3.   To hold public hearings on applications for annexation, plan changes, special exceptions, conditional uses, sign exceptions and proposed zoning reclassifications; provided that this obligation may be delegated to a hearing examiner, in the manner hereinafter prescribed;

      4.   Following public hearings, to approve, deny or modify conditional use applications, and to submit to the city council as required hereby, a report and recommendation on each reclassification, comprehensive plan change, special exception or annexation application;

      5.   To review and take action on variance applications and appeals of administrative decisions;

      6.   On its own initiative, to petition the city council requesting an amendment of this title or the comprehensive plan; provided, that it shall first have held public hearings thereon in the manner prescribed;

      7.   To initiate, from time to time, a review of the provisions of this title, and to make a report of its findings and recommendations to the city council.

   D.   Procedures:

      1.   Compensation; Meetings; Quorum: The members of the planning and zoning commission shall serve and act without compensation, except that the city council shall allow their actual and necessary expenses and the city shall provide the necessary and suitable equipment and supplies to enable the commission to properly transact and perform its business. A majority of the members of the commission shall be necessary to constitute a quorum for the transaction of business. The commission shall hold meetings each month for at least nine (9) months of the year, and at such other times as may be called by the chairperson or by the mayor.

      2.   Meeting Attendance: The members of the commission are expected to attend scheduled meetings. Members may be excused from attendance due to personal illness, family emergency or out of town business trips. Commission members whose attendance at scheduled meetings fall below sixty percent (60%) without cause within any given year may be removed from the commission by the mayor, with the approval of the city council. (2003 Code § 11-02-04)

      3.   Deadline For New Applications: The cutoff date for new applications shall be four o'clock (4:00) P.M. on the last Monday of the month before the next month's regularly scheduled meeting. (2003 Code § 11-02-04)

      4.   Divisions Of Commission And Conduct Of Proceedings: In addition to its existing jurisdiction and authority, and subject to all provisions of this code, the commission is authorized by its order to divide the members thereof into as many divisions (each to consist of not less than 2 members) as it may deem necessary, and that may be changed from time to time. Any division of the commission shall have authority to hear and report to the full commission any of the commission's work, business or functions prescribed by ordinance and assigned or referred to a division of the commission in the manner and in the time as required by pertinent provisions of this code.

      5.   Reconsideration: Reconsideration may be entertained on any action taken by the commission after a favorable vote of two-thirds (2/3) of the commission membership, provided such action is taken prior to action by the city council.

      6.   Conflict Of Interest Prohibited: A member of the commission shall not participate in any proceeding or action when the member or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered.

      7.   Cases Heard By Hearing Examiner: In cases where a public hearing has been conducted by a hearing examiner, the proposed findings of fact and conclusions of law, as well as the proposed order, shall be filed in the building department, which shall forward it to the planning and zoning commission for a final ruling on the matter. The commission's review shall be limited to the record created by the hearing examiner and may be placed on the consent agenda unless a request to review the hearing examiner's decision is filed pursuant to the provisions of subsection 11-2-6C of this chapter. In such case, review shall be de novo. (2003 Code § 11-02-04) (2012 Code; amd. Ord. 2201, 3-2-2021)

The city council shall be the final legislative authority on all zoning and land use decisions within the city. The building department staff and all commissions and committees function at the direction of the city council. Planning and zoning duties and authority of the city council are as follows:

   A.   Confirm Appointments: The city council must confirm the mayor's appointments to the memberships of the planning and zoning commission and the position of hearing examiner.

   B.   Decide Applications: After receiving a recommendation from the planning and zoning commission, the city council must decide the following applications: amendments to the comprehensive plan, amendments to this title, annexations, rezones, special exceptions and subdivision plats.

   C.   Appeals: The city council shall hear and decide appeals of decisions of the planning and zoning commission. (2003 Code § 11-02-05)

   A.   Occupancy Certificate: Before occupying or using the property included in the application, the applicant must obtain an occupancy or use certificate from the building department. Such department shall inspect the site to verify that the work has been completed in accordance with the specifications set forth by the commission, committees or staff in the approval of the application.

   B.   Temporary Certificate: Should there be substantial performance of the conditions specified in the approved application, the building department may issue a temporary certificate of occupancy for one hundred eighty (180) days, contingent upon the applicant posting a performance bond or other acceptable surety in the amount of one hundred ten percent (110%) of the cost of required improvements. After the above mentioned one hundred eighty (180) days have passed, the site shall again be inspected, and if compliance has not been achieved, the building department shall recommend revocation of the certificate of occupancy or use and forfeiture of the bond or surety to the city.

   C.   Hearing: Upon such recommendation, the commission shall set the recommendation for public hearing, with fifteen (15) days' prior written notice to the applicant/holder. The purpose of the hearing is to determine if revocation and forfeiture are justified. At such hearing, the applicant/holder shall be granted the opportunity to show cause why the recommendation of the building department should not be followed. After receipt of all information, the commission shall affirm, deny or modify the recommendation of the building department and mail written notice of their decision to the applicant/holder. The decision of the planning and zoning commission may be appealed to the city council in accordance with the requirements of section 11-3-7 of this title. (2003 Code § 11-02-06)

   A.   Appointment; Duties:

      1.   This section authorizes the planning and zoning commission to use the services of a hearing examiner pursuant to the authority granted in the local planning act, specifically Idaho Code section 67-6520.

      2.   It shall be the duty of the examiner to review information provided by staff and other available sources and to hear public testimony on matters referred to the examiner. At the conclusion of each hearing, the examiner shall render a decision or recommendation, as appropriate, and provide findings of fact and conclusions of law, and a final order.

      3.   Persons filling the position of hearing examiner shall be experienced in the field of planning and zoning, and shall have legal training and/or experience. The hearing examiner shall be appointed, and may be dismissed, and compensation shall be determined, by the mayor with the consent of the city council.

      4.   The hearing examiner may conduct hearings on the following matters:

         a.   Variances;

         b.   Special exceptions;

         c.   Floodplain review;

         d.   Certain conditional use permits, including planned developments of less than two (2) acres, agricultural uses, childcare facilities, drive-through facilities, lot reduction in MDR1 zones, parking reductions, and nonconforming uses;

         e.   Subdivision plats pursuant to title 12 of this code; and

         f.   Such other matters as the commission may deem appropriate, including, but not limited to, sign applications.

      5.   The director of the building department will assign matters to a hearing examiner or to the commission. Generally, applications of a routine nature that do not require important policy decisions may be heard by a hearing examiner.

   B.   Procedure Before Hearing Examiner:

      1.   A hearing examiner shall prepare and conduct public hearings as required by the terms of this title, according to a schedule determined and approved by the director of the building department. The timing of all hearings and the public notice provided for such hearings shall be in conformity with this title and with the local planning act. In addition, notice shall be provided to the registered neighborhood groups in which the property is located.

      2.   All applications shall be filed with the building department and that department shall schedule hearings before the examiner where appropriate, and provide notice as required by this title and the local planning act. Upon receipt of an application, the building department staff shall investigate and analyze such application, and shall forward all such information to the hearing examiner. A copy of the staff report shall be available for public review at least five (5) working days prior to the hearing.

      3.   The hearing examiner shall review all information supplied by the department prior to the hearing. The hearing shall be conducted in accordance with subsection 11-3-6D of this title and applicable state law. Reasonable time limits may be established at the outset of the hearing, and both applicant and other members of the public must be given an opportunity to be heard. All hearings shall be recorded.

      4.   At the completion of each hearing, the hearing examiner shall produce a report that includes a summary of such testimony, findings of fact and conclusions of law, and a final order. Such report shall be filed at the building department. It shall be available to the applicant and the public no more than ten (10) working days after the close of each hearing.

   C.   Appeal Of Hearing Examiner's Order:

      1.   An appeal of the hearing examiner's order must be filed with the building department within fourteen (14) days after the order is filed.

      2.   The basis for appeal must be stated in the petition.

      3.   The procedure for appeals of hearing examiner's orders is set forth in section 11-3-7 of this title.

(2003 Code § 11-02-07; amd. Ord. 2280, 10-7-2025)

There hereby is adopted as the official map identifying an area of city impact within the unincorporated area of Bingham County, Idaho, that certain map, as amended from time to time, by reference made a part hereof as though set forth herein at length. The area identified on said map as being within the impact area shall henceforth be deemed to be the impact area of the city, as contemplated by Idaho Code section 67-6526. (2003 Code § 2-03-08)