A.   Position Created: There is hereby created the position of planning and zoning clerk.

   B.   Appointment: The planning and zoning clerk shall be appointed by the mayor and the appointment approved by the city council. (1974 Code § 4-301)

   C.   Duties: The planning and zoning clerk shall administer the provisions of this title and provide assistance and guidance to the planning and zoning commission (hereinafter referred to as "commission") and the council, and, in addition, shall have the following duties: (1974 Code § 4-301; amd. 2010 Code)

      1.   Advise interested persons of the provisions of this title;

      2.   Notify the news media regarding matters of public interest;

      3.   Aid and assist applicants in the preparation and expedition of required applications;

      4.   Issue, or supervise the issuance of permits, notifications and such similar administrative duties;

      5.   Investigate all alleged violations of this title and, after completing such investigation, notify the complaining party, if any, and the person responsible for any violation that such violation exists, in writing, of the decision reached, including action necessary to correct such violation. In performing the investigation and drafting the written notification, the planning and zoning clerk shall be in contact with the city attorney who will participate as the planning and zoning clerk and city attorney see fit.

      6.   In the event a proposed use is not specifically set forth in this title, the planning and zoning clerk shall require the applicant for said use to furnish the planning and zoning clerk with a detailed written description of the proposed use, and shall orally review said written description with the applicant and gather such other information as the planning and zoning clerk deems necessary to classify such use. Based upon such information, the planning and zoning clerk shall determine, in writing, whether or not the proposed use is, or should be, included within the definition of one or more of the specific uses set forth in this title. Once the planning and zoning clerk has classified the proposed use, the use will be permitted, subject to all rights and restrictions set forth in this title for the use for which the proposed use is classified. The planning and zoning clerk may elect to defer the classification of the proposed use to the commission and then enter a written opinion as directed by the commission. The classification by the planning and zoning clerk, or by the commission, if referred to the commission by the planning and zoning clerk, shall be final, unless the decision is appealed as allowed by this title. (1974 Code § 4-301)

   A.   Created:

      1.   Membership; Qualifications: The commission shall consist of seven (7) members. All members must have been residents of Twin Falls County for at least two (2) years, and must reside within Twin Falls County while serving on the commission. Five (5) members must reside within the corporate limits of the city and two (2) members must reside within the "area of impact" surrounding the city and as established pursuant to state law.

      2.   Appointment: The five (5) members that reside within the corporate limits of the city shall be appointed by the city mayor and confirmed by the city council. The two (2) members residing within the area of impact surrounding the city shall be residents within the area of impact and appointed by the board of commissioners for Twin Falls County, which appointment shall be subject to the approval of the City Council.

      3.   Youth Member; Term: In addition to the members provided for above, the City Mayor, with the approval of the City Council, may appoint one ex officio youth member under twenty one (21) years of age, who lives within the City or its impact area. The youth member shall participate in all discussions, but will not have a vote. The youth member's term shall be one year, from October 1 to September 30 of the following year and may be reappointed up to four (4) successive terms. In computing the number of terms one can serve, the completion of less than one-half (1/2) of the term of a previous youth member shall not be counted as a term.

      4.   Guidance For Creation: The guidance for creating the Planning and Zoning Commission is directed by Idaho Code section 67-6504.

      5.   Vacancies: Filling vacancies is done by selections reflecting an experienced majority of the commission by maintaining flexibility by varying years of appointment. (1974 Code § 4-302)

      6.   Term: The term of office for members shall be six (6) years from the time of their appointment. No members shall serve more than two (2) consecutive terms. (Ord. 990, 10-11-2018)

      7.   Removal From Commission: Members may be removed for cause by a majority vote of the Governing Body. Members are expected to attend meetings of the commission. Missing two (2) consecutive meetings may be grounds for removal by the Governing Board.

      8.   Political Affiliation; Compensation: Members shall be selected without respect to political affiliations, and shall serve without compensation. Members may receive such mileage or per diem compensation as provided by the Governing Board.

   B.   Organization, Rules, Records And Meetings:

      1.   Officers: The commission shall annually elect its own Chairman who shall serve a term of one year. The commission shall create and fill such offices as it may determine necessary for the proper conduct of its affairs and business. The Planning and Zoning Clerk, if a member of the commission, may not serve as Chairman thereof.

      2.   Meetings; Quorum; Voting: Meetings of the commission shall be held when duly called by the Chairman by written or oral notice. At least one regular meeting shall be held each month for not less than nine (9) months in a year. A majority of currently appointed voting members of the commission shall constitute a quorum. All members of the commission shall have a single vote on all matters presented to the commission. All meetings shall be open to the public.

      3.   Rules; Written Records: Written rules consistent with this title and laws of the State of Idaho for the transaction of business of the commission shall be adopted. Written records of meetings, hearings, resolutions, findings, studies, permits, and actions shall be maintained and open to the public.

      4.   Receipt And Expenditure Of Funds; Employees; Technical Advisors: With approval of the Council, the commission may receive and expend funds, goods and services from the Federal government or agencies and instrumentalities of State or local governments or from civic and private sources, and may contract with these entities and sources and provide information and reports as necessary to secure aid. Expenditures by the commission shall be within the amounts appropriated by the Council. Within such limits, the commission is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants.

   C.   Commission Duties: It shall be the duty of the commission to:

      1.   Conduct a planning process designed to prepare, implement, review and update a comprehensive plan that includes all land within the Governing Board's jurisdiction.

      2.   Provide ways and means to obtain citizen participation in the planning process.

      3.   Review and hold public hearings prior to submitting findings and recommendations to City Council regarding applications for:

         a.   City comprehensive plan.

         b.   Zoning ordinances, text and maps.

         c.   Subdivisions and planned unit development proposals.

         d.   Preliminary and final plats.

         e.   Plan and ordinance changes upon annexation of unincorporated area.

      4.   Grant conditional use (special use) permits under the conditions as herein specified with such additional safeguards as will uphold the intent of this title.

      5.   Authorize such variances as are allowed under chapter 19 of this title.

   D.   Maps; Plats; Replats: Any and all maps, plats and replats of lands which require approval of the Governing Board shall first be submitted to the commission for its suggestions and recommendations.

   E.   Conflict Of Interest: Any member or employee of the Council or commission shall not participate in any proceeding or action when the member, employee, his employer, business partner, business associate or any person related to him by affinity or next of kin 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. For purposes of this section the term "participation" means engaging in activities which constitute deliberation pursuant to the Open Meeting Act. No member of the Governing Board or the Planning and Zoning Commission with a conflict of interest shall participate in any aspect of the decision making process concerning a matter involving the conflict of interest. A member with a conflict of interest shall not be prohibited from testifying at, or presenting evidence to a public hearing or similar public process after acknowledging nonparticipation in the matter due to a conflict of interest. A knowing violation of this section shall be a misdemeanor.

   F.   Right Of Appeal: For required procedures, see article D of this chapter. (1974 Code § 4-302)

The building inspector shall assist the Planning and Zoning Clerk in matters, as requested, and shall:

   A.   Inspect residential, commercial, and industrial buildings or structures and projects for compliance with Building Codes, ordinances, zoning and safety requirements;

   B.   Perform other duties as assigned;

   C.   Issue occupancy permits; and

   D.   Perform all administrative duties assigned to him by the Planning and Zoning Clerk, Commission or Council. (1974 Code § 4-303)

   A.   Violation: Pursuant to Idaho Code section 67-6527, unless otherwise provided in this title, a violation of this title is hereby declared to be a misdemeanor and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this Code. (Ord. 991, 10-11-2018)

   B.   Civil Action: Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provisions of this title, the City Council may institute a civil action in the District Court to enforce compliance with this title. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this title, a permanent or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. The Governing Board shall not be required to furnish any bond in said civil processing.

   C.   Costs; Civil Suit For Collection: The City Council may file a civil suit to collect any costs the City incurred which were not paid upon billing the same to the petitioners.

   D.   Costs And Attorney Fees: The City shall be entitled to costs and reasonable attorney fees on any suits brought to enforce this title. (1974 Code § 4-3001)

No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certification of zoning compliance issued by the planning and zoning clerk. Certification of zoning compliance shall be issued only in conformity with the provisions of this title and shall be required before the issuance of a building permit. (1974 Code § 4-2101; amd. 2010 Code)

No person shall erect, construct, enlarge, alter, repair, move, convert or demolish any building or structure in the city or the city's area of legal jurisdiction, or cause the same to be done without first obtaining a separate building permit for each such building or structure from the city building inspector. (1974 Code § 4-2102)

   A.   When To Make Application: In cases where a building permit is also required by the city building code, application for certification of zoning compliance shall be made coincidentally with application for building permit. In all other cases, it shall be made prior to the date when a new or enlarged use of a building or premises, or part thereof, is intended to begin. (1974 Code § 4-2103)

   B.   Transmittal To Planning And Zoning Commission: When the planning and zoning clerk receives an application for zoning compliance certification for a use which requires a permit from the governing board, such application, together with all supporting data, shall be transmitted by the planning and zoning clerk to the planning and zoning commission.

   C.   Site Plan Required: When the planning and zoning clerk receives an application for a zoning compliance certification for a use which requires a conditional use permit, or for which site plan approval by the planning and zoning commission is required, such application shall be transmitted to the planning and zoning commission and zoning compliance certification shall not be issued by the planning and zoning clerk until the planning and zoning commission and the governing board have approved the site plans. Site plans shall include, but not be limited to, the following: (Ord. 929, 5-14-2007)

      1.   Legal description of the property by township, range, and section coordinates, and by metes and bounds, or if the property is a part of a recorded plat, by name, book and page number of plat and lot number or parcel designation;

      2.   Name, address and telephone number of the property owner and of the person who prepared the site plan;

      3.   Dimensions of all lot and property lines showing the relationship of the property to abutting properties; boundaries of all lots or parcels under separate ownership contained therein, or abutting thereon;

      4.   Precise location, dimensions, height and use of all buildings and structures existing on the property and on abutting lots within fifty feet (50');

      5.   Location, alignment and right of way width of all streets, alleys and utility easements existing in or abutting the property;

      6.   Location and dimensions and number of spaces contained in all existing and proposed off street parking lots and loading areas;

      7.   Location, right of way width and alignment of all proposed public streets, alleys and utility easements in or abutting the site, and location and width of all access drives to the property from public streets;

      8.   Precise location, size and height of all buildings and structures proposed to be erected or altered;

      9.   Proposed uses of buildings, structures and land, including the number of dwelling units, amount of usable floor area, etc.; and

      10.   Any additional information required to show how all special regulations pertaining to the proposed use are to be met. (1974 Code § 4-2103)

Certification of zoning compliance shall be noted on the certificates of occupancy and be maintained by the building department, and copies shall be furnished upon request to any person upon payment of a fee set by the governing board. (1974 Code § 4-2105; amd. Ord. 929, 5-14-2007; 2010 Code)

It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the building inspector and all other required signatures stating that the proposed use of the building or land conforms to the requirements of this title and with all conditional provisions that may have been imposed. (1974 Code § 4-2201)

Within five (5) regular workdays after receipt of notice that the building, structure or premises, or part thereof, has been completed and is ready for use or occupancy, the building inspector shall make a final inspection thereof to determine whether construction has been completed in conformity with provisions of this title. If he finds construction in conformity, he shall issue an occupancy permit to the owner of the building, structure or premises. (1974 Code § 4-2202)

Certification of zoning compliance or certificate of occupancy issued on the basis of plans and application, which are approved by the planning and zoning clerk and building inspector authorize only the use and arrangement which are set forth in such approved plans, applications or amendments thereto. Any other use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (1974 Code § 4-2203)

The building inspector may issue a temporary occupancy permit for a part of a building, structure or use prior to completion of the entire building, structure or use; provided, that such a part has been completed in conformity with all provisions of this title and is considered safe and suitable for use or occupancy. Such temporary occupancy permit may remain in force until the expiration date set forth thereon or it is canceled by the city. No property owner has the right to receive a temporary certificate of occupancy. As a condition for issuing a temporary certificate of occupancy, the city shall set forth an itemized list of what must be accomplished in order to obtain an occupancy permit required by this title. The date for the completion of such items, a bond or other security to ensure that the work is completed on time and such other items that the city may require, including, but not limited to, the right of the city to have the work completed and charge the owner for the cost thereof as a tax or lien upon said property may be included as a condition of the temporary certificate of occupancy being granted. (1974 Code § 4-2204)

The building inspector may, upon request and following investigation and report to the planning and zoning commission chairman, approve minor modifications of certain terms of this title upon a finding in each separate case that such modification is consistent with the interest of this title and is in no way detrimental to adjacent properties or to the general public welfare. Such permitted modifications shall be restricted to the following provisions and to the extent hereinafter specified:

   A.   Minimum required interior side and rear yards: Permit reduction by not more than ten percent (10%).

   B.   Minimum distance between single-family dwellings on adjacent lots: Permit reduction by not more than ten percent (10%).

   C.   Minimum distance between multi-family dwellings: Permit reduction by not more than twenty percent (20%).

   D.   Off street parking spaces: Permit reduction of number of required space by not more than ten percent (10%), or reduction of minimum required width of spaces by not more than six inches (6").

   E.   Trash enclosures: Permit minor modifications to the requirements regulating trash enclosures consistent with the interest of such requirements. (1974 Code § 4-2205)

The building inspector shall maintain a record and index of all certificates of occupancy. (1974 Code § 4-2207)

Failure to obtain a certificate of occupancy shall be a violation of this title. (1974 Code § 4-2206)

A petitioner or applicant for any of the zoning or planning matters in this title shall pay the fees established by the city council, by resolution. No petition or application, except as hereafter provided, shall be accepted by the city council unless accompanied by the required filing fee. (1974 Code § 4-2901)

For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the highest fee for an individual classification or application. (1974 Code § 4-2902)

Notwithstanding any of the preceding fee schedules, the city council shall have the authority to waive, in whole or in part, any fee for any hearing before the planning and zoning commission for petitions by any governmental agency or for any other party when such a fee would present a hardship. An applicant for a hardship waiver must present their request, in writing, to the city council, outlining the degree of such hardship. (1974 Code § 4-2903)

The fees to be charged for the various procedures stated in this chapter are not refundable except where a petition or application is withdrawn at least one week before the date of publication for the scheduled public hearing, and then only by order of the city council. (1974 Code § 4-2904)

If all fees are not paid, the city may revoke any zoning permit, conditional use permit, accessory use permit, variance, occupancy permit, zoning certification or other grant of authority initially given the applicant, and in the case of an annexation procedure, the city may deannex said property. (1974 Code § 4-2905)

The purpose of this article is to standardize the appeal procedure for any party from any adverse ruling of either the planning and zoning clerk, commission, or governing board. All time limits set out in this chapter shall be deemed controlling unless a specified time limit is set out in another section. Any party aggrieved by the final action of the planning and zoning clerk, commission or governing board may appeal in accordance with the appellant procedures set forth in this article. Time limits shall be deemed jurisdictional. (Ord. 929, 5-14-2007)

The governing board or commission, as appropriate, shall consider and decide administrative appeals. (Ord. 929, 5-14-2007)

   A.   Right To Appeal: Any party aggrieved or affected by any decision may file a notice of appeal, in writing, with the planning and zoning clerk.

   B.   Notice Of Appeal: All appeals shall be filed within fifteen (15) days after the notice of decision and shall specify the grounds upon which the appeal is filed. (1974 Code § 4-3103)

   C.   Upon receipt of an appeal, the planning and zoning clerk shall transmit to the governing board or commission the appeal and all papers constituting the record upon which the appeal is filed. (Ord. 929, 5-14-2007)

An appeal stays all proceedings in furtherance of the action unless the planning and zoning clerk certifies to the governing board (after notice of appeal is filed) that, by reason of acts stated in the application, a stay would, in his opinion, cause imminent peril of life and property. (Ord. 929, 5-14-2007)

   A.   Action Of Planning And Zoning Clerk: Twenty (20) days after receipt of an appeal of the action of the planning and zoning clerk, or at the next regular meeting, the commission shall reach a decision to uphold or overrule the action of the planning and zoning clerk by majority vote. If the appeal is granted, the commission may make the final decision or remand the decision to the planning and zoning clerk for further consideration and findings in light of the commission decision. The matter shall then be processed through the application process as if there had been no appeal. (1974 Code § 4-3105)

   B.   Action Of Commission: Twenty (20) days after receipt of an appeal of the action of the commission, or at the next regular governing board meeting, the governing board shall reach a decision to uphold or overrule the action of the commission by majority vote. If the matter being appealed required a public hearing at the commission level, the governing board will hold a public hearing after proper notification. If the appeal is denied, the applicant may appeal the governing board's decision. If the appeal is granted, the governing board may make the decision or remand the decision to the planning and zoning clerk or commission for further consideration and findings in light of the governing board decision. The matter shall then be processed through the application process as if there had been no appeal. (Ord. 929, 5-14-2007)

Within ten (10) days after a decision has been rendered by the governing board, the planning and zoning clerk shall communicate to the aggrieved appellant, interested parties and commission, the governing board's decision relative to the appeal. (Ord. 929, 5-14-2007)

In granting an appeal, the governing board may prescribe appropriate conditions and safeguards in conformity with this title. Violations of such conditions and safeguards when made a part of the terms under which the appeal is granted, shall be deemed a violation of this title. (Ord. 929, 5-14-2007)

Appeals of the action of the governing board concerning the administration of this title may be taken by any aggrieved person. Within twenty eight (28) days after notice of the governing board has been given to the appellant and after all remedies have been exhausted under this title, an aggrieved person may seek judicial review of the governing board's action under provisions provided by Idaho Code sections 67-5270 through 67-5278. (Ord. 929, 5-14-2007)