The rules and definitions contained in this title shall be observed and applied, except when the context clearly indicates otherwise.

   A.   Words used in the present tense shall include the future and words used in the singular number shall include the plural number and the plural the singular;

   B.   The word "shall" is mandatory and not discretionary;

   C.   The word "may" is permissive; and

   D.   The word "lot" shall include the words "piece" and "parcel"; the word "building" includes all other structures of every kind, regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", "designed for", "maintained for", and "occupied for". (Ord. 146, 9-22-2016)

   A.   Administrator: The administrator, or designee, shall have the authority to enforce this title. The administrator shall not issue a permit unless the intended uses of the buildings and land conform in all respects with the provisions of this title. (Ord. 146, 9-22-2016)

   B.   Civil Remedies: The city attorney may take any legal action considered necessary to enjoin a violation of this title. The city attorney may, with the consent of the council, bring a civil action considered necessary to enjoin a violation of this title. Civil remedies may be sought in addition to, or in lieu of, criminal penalties, including the recovery of any costs, civil fines or penalties imposed by this title. The city may also record a notice to title for any zoning violation that has remained unresolved for forty five (45) days or more after the first notice of violation was sent by certified mail by the city to the landowner at the address shown on the county assessor's tax rolls. The notice of violation shall identify the zoning violation, location and the actions required to resolve the violation. After the violation has been resolved, the landowner shall pay a fee as set forth in the official fee schedule established by this title, or by mediated restitution to process and record a lifting of the notice to title. (Ord. 146, 9-22-2016; amd. 2017 Code)

When a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. The complaint shall state fully the causes and basis for the complaint and shall be filed with the city. The city has the authority to investigate and take actions on the complaint as provided in this title. The city may also dismiss the complaint based upon a finding that there is insufficient evidence that a violation exists. (Ord. 146, 9-22-2016)

   A.   Misdemeanor: Failure to comply with any provisions of this title shall be deemed a misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (Ord. 146, 9-22-2016; amd. 2017 Code)

   B.   Each Day Separate Violation: Each day a violation continues may be considered a separate offense for each and every day or portion thereof during which any violation of this title is committed, continued or permitted.

   C.   Civil Remedies: Nothing contained herein shall preclude the city from pursuing enforcement through injunctive relief or any other civil remedies available. (Ord. 146, 9-22-2016)

If the administrator finds any activity regulated by this title being performed in a manner contrary to the provisions of this title, the administrator or designee may issue a stop work order.

   A.   Written Order; Notification: The stop work order shall be in writing and shall be posted on the premises where the activity is occurring or given to the owner of the property involved, or to the owner's agent, or to any person performing the work. Written notice shall also be provided by the city by certified mail to the landowner at the address shown on the county assessor's tax rolls. On issuance of a stop work order, the cited activity shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited activity will be permitted to resume.

   B.   Unlawful Continuance: Any person who continues to work or perform an activity after having been served with a stop work order, without express written authorization of the administrator, or designee, shall be subject to the penalties as prescribed by this title. (Ord. 146, 9-22-2016)

   A.   Created:

      1.   Appointment; Terms: A planning and zoning commission of the city is hereby created pursuant to Idaho Code title 67, chapter 65. The planning and zoning commission shall consist of not less than three (3) nor more than twelve (12) voting members, and the initial commission, until changed by resolution, shall consist of five (5) persons appointed by the mayor and affirmed by a majority vote of the city council. The term of office for the initial commission shall be as follows:

         a.   One member of the planning and zoning commission shall be appointed for a term of four (4) years;

         b.   Two (2) members shall be appointed for a term of three (3) years; and

         c.   Two (2) members shall be appointed for a term of two (2) years.

      2.   Successors; Vacancies; Terms: Their successors shall in all cases be appointed for terms of four (4) years and all appointments to fill vacancies shall be for the unexpired terms.

   B.   Qualifications For Commission Members: An appointed member of the commission must have resided in Bonner County for two (2) years prior to appointment and must remain a resident of the county during service on the commission. The appointed member must also be a resident of the city or must reside in an area of city impact for the city.

   C.   Compensation: Members of the planning and zoning commission shall receive no compensation for their services as such commissioners.

   D.   Organization: The planning and zoning commission shall elect a chairperson and create and fill any other office it may deem necessary for the proper conduct of the affairs and business of the commission. Such organization and expenditures for staff shall be in accordance with Idaho Code section 67-6504.

   E.   Rules, Records And Meetings; Quorum: At least one regular meeting shall be held each month for not less than nine (9) months in a year. The record of meetings, hearings, resolutions, studies, findings, permits and actions taken by the planning and zoning commission shall be maintained and all meetings and records shall be open to the public. The majority of voting members of the commission shall constitute a quorum.

   F.   Duties: It shall be the duty of the planning and zoning commission to work closely with the city council to:

      1.   Conduct a planning process designed to prepare, implement, review and update the comprehensive plan that includes all lands within the governing boards of jurisdiction;

      2.   Hold public hearings prior to recommending the changes to the comprehensive plan;

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

      4.   Provide ways and means to obtain citizen participation in the administration of ordinances;

      5.   Prepare procedure for processing zoning permits, namely: special use permits, rezone applications, planned unit development proposals, lot line adjustments, and to hold hearings and make recommendations to the council for resolving said proposals;

      6.   Hear all requests for amendment to this title, hold at least one public hearing and make its recommendation to the governing board;

      7.   Review and recommend changes to planning and zoning ordinances and comprehensive plan;

      8.   Complete tasks as assigned by the city council, including, but not limited to, researching an issue and review and submit findings to the council. (Ord. 146, 9-22-2016)

   A.   Authority And Purpose: Idaho Code section 67-6526 requires that cities and counties negotiate an area of city impact. The purpose of establishing an area of city impact is to identify a logical fringe area adjoining the city. The fringe area includes the unincorporated area surrounding Dover that has a potential for development that could affect the provision of public services or the quality of life in the city.

   B.   Consideration: The following factors were considered by the city council in identifying the area of city impact for the city:

      1.   Trade areas;

      2.   Geographical factors;

      3.   Area that can reasonably be expected to be annexed in the city in the future;

      4.   The memorandum of understanding and settlement agreement resulting from Bonner County case no. CV95-01111.

   C.   Geographic Area Of Impact: The officially adopted geographic area of city impact for Dover, Idaho, is identified by the "Area Of City Impact Map" adopted by the city and recorded as instrument 720402, records of Bonner County, Idaho, and any subsequent amendments to the map adopted in accord with Idaho Code and this title. The map is available for review at city hall during regular business hours. All parcels of land lying all or in part within the area of city impact shall be subject to provisions of the Dover area of city impact agreement with Bonner County.

   D.   Governing Comprehensive Plan: The comprehensive plan and subsequent amendments thereof as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portions of Bonner County, Idaho, lying within the Dover area of city impact.

   E.   Governing Zoning And Subdivision Ordinances: The zoning and subdivision ordinances and subsequent amendments thereto as officially adopted by Bonner County, Idaho, shall apply to the unincorporated portion of Bonner County, Idaho, lying within the Dover area of city impact.

   F.   Review And Comment: Any request for development, zone change, conditional use permit, variance or subdivision in the unincorporated portion of Bonner County, Idaho, lying within the Dover area of city impact, shall be referred to the city council of Dover, Idaho, for review and comment. The city council shall have thirty (30) days to consider the request and submit a reply to the board of county commissioners, Bonner County, Idaho. If no reply is received by the board within the thirty (30) day period, processing shall continue under the board's administration.

   G.   Administrative Jurisdiction: The administration of plans and ordinances which apply to the Dover area of city impact shall be the duty of Bonner County. (Ord. 146, 9-22-2016)