The planning and zoning commission shall have the following powers and duties:

   (A)   The board shall elect a chairman from its membership, shall appoint a secretary and shall prescribe the rules for the conduct of its affairs. (Ord. 1328, 10-18-2016)

The planning and zoning commission shall have all of the powers and duties prescribed by law and by this title, which are as follows:

   (A)   Interpretation: Upon appeal from a decision by an administrative official, to decide any question involving interpretation of any provision of this title including the determination of the exact location of any district boundary if there is an uncertainty with respect thereto.

   (B)   Special Permits: To issue special permits for any of the uses for which this title requires the obtaining of permits from the planning and zoning commission; or for the extension of a building or use as such existed at the time of the passage of this title into a contiguous more restricted district for a distance not to exceed fifty feet (50'); but not for any other use or purpose. In granting such special permit, the commission shall prescribe any condition that it deems to be necessary or to be desirable for the public interest. No such special permit shall be granted by the commission unless it finds that the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this title. In determining its findings, the commission shall take into account the character and use of adjoining buildings, and those in the vicinity, the number of persons residing or working in such buildings, and upon such land and traffic conditions in the vicinity.

   (C)   Variances: The planning and zoning commission may grant a variance to a property from the provisions of this title on a finding that undue hardship results from the strict compliance with specific provisions or requirements of this title and the variance is not in conflict with the public interest. No variance shall be granted unless there is a finding, after a public hearing, that all of the following exist:

      1.   Strict compliance with the requirements of this title would result in undue hardship to the applicant because of unusual topography, other physical conditions or other such conditions which are not self-inflicted. The applicant shall provide the planning and zoning commission with information regarding the requirements they believe cannot be complied with, and why strict compliance will result in undue hardship.

      2.   The granting of the specified variance will not be detrimental to the public interest or welfare or injurious to other property in the area in which the property is situated.

      3.   Such variance will not violate the provisions of the Idaho Code.

      4.   Such variance will not have the effect of nullifying the interest and purpose of this title and the comprehensive development plan.

   (D)   Rules Of Procedure: Adopt rules of procedure not inconsistent with the provisions of this title or the conduct of its business and procedures.

   (E)   Appeals: Herein decide all appeals that may be taken by any person or any officer, department, board or bureau of the city where there is alleged error in any order, requirements or decision made by administrative official(s) in the enforcement of the provisions of this title.

   (F)   Decision: Reverse or affirm in whole or in part or modify the order or decision appealed from and to make such order or decision as sought to be made, and to that end shall have the powers of the officer from whom the appeal is taken. (Ord. 1328, 10-18-2016)

All applications made to the commission shall be in writing on forms prescribed by the commission. Every application shall refer to the specific provision of the title involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, and the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted as the case may be. Every decision of the planning and zoning commission shall be by resolution, each of which shall contain a full record of the findings of the commission in the particular case. Each such resolution shall be filed in the office of the city clerk, by case number under one or the other of the following headings: interpretation; special permit; variances; together with all documents pertaining thereto. The planning and zoning commission shall notify the city council of each special permit and each variance granted under the provisions of this title. (Ord. 1328, 10-18-2016)

No action of the planning and zoning commission shall be taken on any case until after notice has been given and public hearing has been held as required by the statutes of the state on zoning. (Ord. 1328, 10-18-2016)

Appeals to the planning and zoning commission may be taken by any person aggrieved by or by any officer, department, board or bureau of the city affected by any decision of the administrative official, within thirty (30) days after the action has been taken from which the appeal is taken by filing with the city clerk a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall, upon request of the planning and zoning commission, forthwith transmit to the commission all of the papers constituting the records upon which the action appealed from was taken. The appeal stays all proceedings in the matter appealed from, unless the officer from whom the appeal was taken certifies to the commission that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceeding shall not be stayed, except by a restraining order granted by the commission or by a court of competent jurisdiction on application and notice to the officer from whom the appeal is taken. The commission shall fix a reasonable time for the hearing on the appeal not less than ten (10) nor more than thirty (30) days from the filing of the notice of appeal and give notice thereof to the parties in interest. Any person aggrieved by any decision of the planning and zoning commission, or any tax payer, or city officer, may appeal to the district court of the state of Idaho, in either Cassia or Minidoka County, Idaho. (Ord. 1328, 10-18-2016)