The mayor may nominate and the council may confirm by a majority vote an administrator to administer this title. The city council shall outline the responsibilities of the administrator.

(Ord. No. O2009-8, 5-26-2009)

A.

Creation. For the purpose of carrying out the provisions of this title, a zoning commission is hereby created.

B.

Membership. Voting members shall be appointed for terms of six years, except that the initial appointments to the zoning commission shall be for terms of three, four and six years in order to provide continuity of members. The secretary shall keep a record of all appointments and terms of membership.

Members shall be nominated by the mayor and confirmed by a majority of the city council. As new members are appointed, consideration of residency and vocation shall be given so that a broad cross section of the community is represented.

C.

Organization. The officers of the zoning commission shall be the chairman and the vice chairman. The officers shall be elected annually, at the first meeting in January, and shall hold office until their successors have been elected and have qualified. Officers shall assume office immediately following election, and on the day of election. The officers shall qualify as regularly appointed members of the zoning commission. The duties of the officers shall be those usually pertaining to their respective offices.

The clerk of the city shall serve as secretary for the zoning commission.

D.

Rules, records, meetings and hearings.

1.

The zoning commission may operate under the precepts of the "Robert's Rules Of Order". The order of business for meetings shall be:

a.

Public hearings.

(1)

Continued.

(2)

New.

b.

Open meeting.

c.

Roll call.

d.

Approval of minutes.

e.

Old business.

(1)

Discussion and vote on applications from public hearings.

(2)

Other items of committee reports.

f.

New business.

g.

Close meeting.

The secretary shall keep a written record of all meetings, hearings, resolutions, transactions, findings, and determinations of the zoning commission. Said written records shall be public records and shall be available for inspection at the city hall, after approval by the zoning commission, at any time during regular office hours.

Regular designated meetings of the zoning commission shall be held monthly for not less than nine months in a year in the city hall or other public places in the city. A quorum (majority of voting members) must be present in order for a meeting to be of record.

Special meetings may be held on the call of the chairman of the commission on five days' verbal or written notice to zoning commission members. Special meetings may be held without notice, except as required by law, if each member waives notice thereof.

Any meeting may be adjourned, recessed or continued from time to time, without additional notice. All meetings shall be open to the public in accordance with Idaho Code. No special notice shall be required of any item of business that may come before the commission at any regular or special meeting.

2.

The following procedure shall be adopted for applications presented to the zoning commission at public hearings:

a.

Introduction of the application by the chairman or the chairman's designee.

b.

Testimony by witnesses supporting application.

c.

Testimony by witnesses opposing the application.

d.

Rebuttal by applicant.

e.

Questions by members of the zoning commission may be directed to any witness at any time.

f.

Close of the public hearing on the application.

g.

Discussion and vote by the zoning commission on the application.

E.

Committees. Committees of the membership of the zoning commission may be established and appointed by the chairman to assist the commission in performance of its function. Citizens and public officials may be appointed to serve as nonvoting members of the committees.

F.

Quorum. A majority of the voting members shall constitute a quorum for the transaction of any business that may come before any monthly or special meeting of the zoning commission.

Membership in the zoning commission requires a sincere commitment of the individual's time and effort. To assure the sharing of this commitment by all the members of the zoning commission and to assure the least possible inconveniences to the public attending meetings of the zoning commission where a quorum is needed, it is extremely important that each member make a consistent attempt to attend each meeting of the zoning commission.

In the event that a member of the zoning commission does not attend two consecutive meetings wherein a quorum is absent, he is expected to immediately submit an explanation of the absences to the chairman of the zoning commission, and the zoning commission, upon examination of the explanation, may ask for immediate resignation of the offending member.

G.

Voting. Each regularly appointed member shall be entitled to one vote on any matter that may come before the zoning commission. The vote of a majority of the members present at any meeting, attended by a quorum of its members, shall be necessary to decide any question. The chairman may enter into the discussion of items before the zoning commission and may vote on any item of business to come before the zoning commission.

H.

Duties. For the purpose of this title, the zoning commission shall have the following duties:

1.

Review all annexation and rezone requests, special use permit requests, variance requests and subdivision applications in accordance with zoning commission procedures and make recommendations to the council.

2.

Initiate and/or review all proposed amendments to this title and make recommendations to the council.

3.

Conduct an annual review of the complete zoning and subdivision ordinance.

I.

Conflict of interest. A member of the zoning commission shall not participate in any proceeding or action when the member, the member's employee, 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.

(Ord. No. O2009-8, 5-26-2009; Ord. No. O2013-7, 12-10-2013)

For the purposes of this title, the city council shall be responsible to: conduct the comprehensive planning process, exercise all of the powers required and authorized in accordance with Idaho Code §§ 67-6508 and 67-6509, and carry out the provisions of this title not otherwise delegated to the zoning commission.

(Ord. No. O2021-03, § I, 5-25-2021)

Editor's note— Ord. No. O2021-03, § I, adopted May 25, 2021, repealed § 9-2-3 in its entirety and enacted new provisions to read as herein set out. Former § 9-2-3 pertained to joint planning commission and derived from Ord. No. O2009-8, adopted May 26, 2009; and amd. Ord. No. O2015-3, adopted July 28, 2015.