The board shall appoint an administrator to administer this title. The administrator may be provided with the assistance of such other persons as the board may direct. The administrator's duties include, but are not limited to, the following:

   A.   Advise interested citizens of the zoning ordinance provisions.

   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, the administrator 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 board all applications, petitions, transcripts and other communications on which they must act. Advise the commission and the board of pertinent provisions of the 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.   Inspect and make recommendations upon all filed plats pursuant to title 10 of this code.

   I.   Interpret boundaries of zone districts.

   J.   Provide a liaison between the commission and the board. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Established: A planning and zoning commission shall be established. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   B.   Membership:

      1.   Appointment: The commission shall consist of seven (7) voting members, each appointed by the chairperson of the board of county commissioners and confirmed by the majority vote of the board.

      2.   Purpose: The board shall ensure that the interests of the entire county are broadly represented on the commission and shall select the members without respect to political affiliation.

      3.   Residency: Each member must remain a resident of the county during his/her service on the commission. Each member shall have lived in Blaine County for at least five (5) years prior to the commencement of membership on the commission. Not more than one-third (1/3) of the appointed members may reside within an incorporated city of one thousand five hundred (1,500) or more population in the county. Each city council shall have opportunity to submit nominations to the board for potential members from that city.

      4.   Term: Each member will serve for a term of three (3) years. Unexpired terms shall be filled in the same manner as the original appointments. Members may be removed for cause or have their term renewed, by a majority vote of the board. (Ord. 2008-01, 1-15-2008; 1996 Code; Ord. 90-7, 10-22-1990; Ord. 90-3, 4-9-1990; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   C.   Conflict Of Interest: A member or employee of the commission shall not participate in any proceeding or actions when the member or employee (or his/her employer, business partner, associate or any person related to him/her by affinity or consanguinity within the second degree) has 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. A knowing violation of this subsection shall be a misdemeanor.

   D.   Organization: The commission shall elect a chairperson 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 chapter. 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.   Expenditures And Staff: With approval of the board, the commission may receive and expend funds, goods and services from the federal, state or local government agencies or from civic and private sources. Expenditures by the commission shall be within the amounts appropriated by the board. Within such limits, the commission is authorized to hire or appoint nonvoting technical advisors.

   G.   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, civic or professional organizations, etc. As a result of such meetings, the commission may submit recommendations to the board concerning the planning process. Further, the commission shall:

      1.   Initiate amendments to titles 9 and 10 of this code and the comprehensive plan.

      2.   Periodically review all privately proposed amendments to this title and the comprehensive plan and make recommendations to the board.

      3.   Review development proposals according to the process outlined in title 10 of this code.

      4.   Review applications for zoning reclassifications and make recommendations to the board.

      5.   Review 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. (Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Appeal To Board: Any person aggrieved by a decision of the administrator made in interpreting or enforcing this title may appeal such a decision to the board by filing a notice of appeal with the board within twenty (20) calendar days of the date of such decision, stating the date and nature of the decision appealed from and the grounds for the appeal. The cost of an appeal from decisions of the administrator shall be in accordance with the schedule of fee requirements given in section 9-3-9 of this title. The appellant shall lodge all legal and factual material in support of the appeal with the administrator within fourteen (14) calendar days after the notice of appeal is filed. If any of such lodged material had not been submitted to the administrator prior to the administrator's decision, the board may remand the matter to the administrator for reconsideration in light of the new material.

   B.   Hearing By Board: The board shall hold a public hearing on all appeals from decisions of the administrator during the next available date after the appellant has complied with the requirements of this section. The board shall base its decision upon the record before the administrator and any additional lodged material. However, the board may, in its discretion, allow additional material and evidence if there were good reasons for failure to submit the material and evidence within fourteen (14) calendar days of the filing of the notice of appeal, but any such additional written material and evidence shall be submitted to the board at least fourteen (14) days prior to the public hearing. Whenever an appellant lodges additional material or evidence with the board that was not submitted to the administrator prior to its decision, the administrator shall be entitled to lodge with the board prior to public hearing any additional material or evidence relevant to the appeal.

   C.   Decision By Board: The board shall, within twenty eight (28) calendar days after the public hearing, enter a written order affirming, reversing or modifying the administrator's decision. The order shall also contain the reasons for the board's decision. On its own motion, the board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision. (Ord. 2024-04, 2-13-24; Ord. 2008-06, 3-11-2008; Ord. 98-1, 1-7-1998; Ord. 94-3, 5-16-1994; Res. 93-6, 3-22-1993; Ord. 77-5, 3-28-1977, eff. 4-7-1977)

   A.   Appeal; Rehearing: Any person aggrieved by any final action of the Commission may either:

      1.   Decision To Appeal: Appeal the Commission's decision to the Board by filing a notice of appeal within twenty (20) days of the Commission's final action; or

      2.   Request For Rehearing: At the applicant's option, may request a limit of one rehearing before the Commission to reconsider one or more of any conditions attached to the Commission's decision. The applicant will inform the Administrator of what changes are requested. The Administrator will confer with the Commission Chairperson and if the requested changes would not materially affect the Commission's decision, a rehearing would be permitted. If the rehearing is denied, the applicant may still exercise appellant's rights under the Board appeal process.

      3.   Notice Of Appeal: The notice of appeal shall state the date and the substance of the decision appealed from and state the grounds for the appeal.

      4.   Written Request; Fee: Reappearance before the Commission may be made by written request to the Administrator and shall include a fee in accordance with the schedule of fee requirements given in Section 9-3-9 of this Title. This fee shall be refunded if the reappearance is denied.

      5.   Filing Notice; Costs Of Appeal: Copies of the notice of appeal shall be filed with the Board and the Commission. In the case of a Board appeal, the Administrator shall provide any such aggrieved party with a written statement of the estimated cost of transcript preparation. The cost of an appeal shall be in accordance with the Schedule of Fee requirements given in Section 9-3-9 and shall include a base fee plus the cost of transcript preparation. The cost of such preparation shall be based on current costs of outside temporary employees to furnish such transcripts and the cost shall be borne by the appellant.

   B.   Transmission Of Record: Within thirty (30) days after a notice of appeal is filed with the Commission, the Commission shall prepare three (3) copies of a summary of the proceedings appealed from and forward said summary to the Board. A transcript of the proceedings may be prepared, and such transcripts shall 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 Board. 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 Board with the summary or transcript all documents, exhibits and orders pertinent to the appeal. The entire record shall be forwarded to the Board with a certificate signed by the Administrator listing all documents in the record in chronological order of filing together with the Administrator's certificate stating that the documents listed comprise the complete record of the Commission's proceedings. Depending on the level of need, a summary of the proceedings may include, but is not limited to, minutes of the proceedings and/or relevant portions of the transcript.

   C.   Briefs On Appeal:

      1.   Definition: For the purpose of this Section, "brief" is defined as any written document, regardless of form, outlining the parties' legal positions. Parties to an appeal are not required to file briefs. If a party chooses not to file briefs, the time restrictions under this subsection do not apply to that party. If a party chooses not to file a brief, the Administrator shall be notified in writing. The Administrator shall then schedule a hearing pursuant to Section 9-32-4D of this Chapter.

      2.   Number Of Copies: The original and four (4) copies of all appellate briefs shall be filed with the Administrator.

      3.   Length Of Briefs: No brief in excess of ten (10) pages, exclusive of any addendum or exhibit, shall be filed without consent of the Administrator.

      4.   Time For Filing: The appellant's brief shall be filed within fourteen (14) calendar days of receipt of the transcript. The respondent's brief shall be filed within fourteen (14) calendar days from receipt of the appellant's brief. No briefs shall be accepted outside of the time periods described under this subsection. If the Commission is the only respondent, no respondent's brief is required.

      5.   Service Of Briefs: One copy of all appellate briefs shall be served upon each party to the appeal. If the Commission or Administrator is the only respondent, no further service other than that required under this subsection shall be necessary.

   D.   Hearing By The Board: After the last brief is filed or if a party chooses not to file any responsive brief, the Board shall hold a hearing on the appeal. The Board 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 newspaper of general circulation at least fifteen (15) calendar days prior to the hearing. In addition, the same notice requirements as were applicable to the hearing, if any, at which the decision being appealed was made shall be met, including advising that materials submitted pertaining to the appeal are available for public inspection prior to the appeal hearing. No party may present more than five (5) minutes of oral argument to the Board unless otherwise allowed by the Chairperson. Other than exhibits and documents in the record, briefs and oral arguments, the Board shall not consider any other information.

   E.   Decision By The Board: The Board shall enter an order after the hearing affirming, reversing or modifying the Commission's decision. The order shall contain a statement of the reasons for the Board's decision and shall be served on all parties to the appeal. On its own motion, the Board may, within fourteen (14) calendar days of issuing a written decision, reconsider that decision.

   F.   Request For Rehearing On Board's Decision: An applicant aggrieved by any final action of the Board to which conditions were attached may request a limit of one rehearing before the Board to reconsider one or more of any conditions attached to the Board's decision. A written request for rehearing shall toll the time for filing an appeal. The applicant will inform the Administrator of what changes are requested. The Administrator will confer with the Board Chairperson and, if the requested changes would not materially affect the Board's decision, a rehearing would be permitted. If the rehearing is denied, the applicant may still exercise applicant's rights to further appeal the Board's decision. Reappearance before the Board may be made by written request to the Administrator and shall include a fee as adopted by the Board of Commissioners. This fee shall be refunded if the reappearance is denied. (Ord. 2024-04, 2-13-24; Ord. 94-3, 5-16-94; Ord. 93-6, 7-19-93; Res. 93-6, 3-22-93; Ord. 77-5, 3-28-77, eff. 4-7-77)

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

   A.   Violation: 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 basis thereof. The Administrator shall investigate and forward to the Blaine County Prosecuting Attorney the results of such investigation and the complaint.

   B.   Criminal Penalty: A violation of this Title shall be a misdemeanor, and subject to penalty 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.   Civil Penalties: In addition to the criminal sanctions in subsection B above, whenever a violation of this Title occurs, the Board may institute proceedings in the District Court seeking civil penalties not to exceed one hundred dollars ($100.00) per day.

   D.   Civil Action By County: Whenever it appears to the Board that any person has engaged or is about to engage in any act or practice violating any provision of this Title, the Board may institute a civil action in the District Court to enforce compliance with this Title.

   E.   Civil Action By Private Citizen: 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.

   F.   Withholding of Permits: The Administrator may withhold permits or application consideration, including but not limited to variances, conditional use permits, rezones, site alterations, building permits and certificates of occupancy, on lots or parcels of land where a violation of Title 7, 9, or 10 of this Code exists, unless the permit being requested is to resolve the violation(s). (Ord. 2024-05, 2-13-24; Ord. 79-4, 9-11-79; Ord. 77-5, 3-28-77, eff. 4-7-77)