The purpose of this chapter is to set forth the roles, responsibilities and processes associated with the administration of approvals and/or permits that are authorized by this title. (1984 Code § 11-5-1)

   A.   Appointment; Assistance: The city council shall appoint a zoning administrator to act as the administrative official for this title. The zoning administrator may be provided with the assistance of such other persons or may designate other city officials to carry out the duties and responsibilities of this title as the city council may authorize.

   B.   Powers And Duties: The zoning administrator, or his or her staff, shall administer and enforce this title and fulfill all the duties imposed by law, including, but not limited to, the following:

      1.   Make interpretations in the enforcement and administration of this title;

      2.   Advise interested persons and the public of the land use provisions;

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

      4.   With the city clerk, receive and examine applications;

      5.   Aid applicants in the preparation of required applications and transmit to the planning and zoning commission or city council any required applications;

      6.   Issue zoning permits, certificates of zoning compliance, certificate of occupancy permits, notifications, stop work orders and such similar administrative duties, subject to the veto powers of the city council;

      7.   Conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this title;

      8.   Order the abatement of violations of this title and aid in prosecuting such violations;

      9.   Withhold any certificate of zoning compliance or administrative design review approvals on any property where structures or uses are in violation of this title;

      10.   Enforce penalties for violations in accordance with this title;

      11.   With the consent of the owner, enter upon any property to make examinations and surveys;

      12.   Maintain records of all materials and correspondence related to land use applications;

      13.   Transmit to outside agencies and provide written notice to surrounding property owners on all planning and zoning commission and city council hearings;

      14.   Maintain records of the planning and zoning commission and city council hearings, and actions thereon;

      15.   Review and act on requests for alternative compliance as identified in this title;

      16.   Convene a design review committee to provide recommendations on the interpretation and application of this title. The design review committee may also review and make recommendations on alternative compliance requests related to administrative design review. The zoning administrator shall review and act on recommendations from the design review committee and shall issue a final determination;

      17.   Assist and report to the planning and zoning commission and city council regarding the provisions of this title as directed. (1984 Code §§ 5-3-1, 11-5-2C; amd. 2014 Code)

The design review committee shall convene to offer recommendations to the zoning administrator on administrative design review matters. Members of the design review committee shall include the development engineer, transportation engineer, water and sewer engineer, as required, the public works supervisor and the building official. The design review committee shall meet as needed by the zoning administrator. (1984 Code § 11-5-2D)

   A.   Created; Membership; Terms: There is created a planning and zoning commission for the city, consisting of nine (9) members, to be appointed by the mayor and confirmed by the city council. One member may be selected from outside the city limits; provided, that person resides within the designated impact area and has been a resident of the impact area or the city for the preceding two (2) continuous years. All members of the planning and zoning commission shall be appointed for a four (4) year term. Any commission member may be discharged from office at any time by the mayor with the concurrence of a majority of the members of the city council. If any member has three (3) consecutive unexcused absences, they shall automatically be discharged from office. (Ord. 606, 3-14-2016)

   B.   General Procedures And Requirements:

      1.   Records: Copies of all records and proceedings of the planning and zoning commission shall be on file in the office of the city clerk.

      2.   Rules And Regulations: The planning and zoning commission shall adopt such rules and regulations as it may deem necessary to effectuate the provisions and purposes of this title, and it shall hold such meetings and meet at such places and have such hearings as the planning and zoning commission, or a majority thereof, may deem necessary and to the interest of the city. At the first meeting of the planning and zoning commission, it shall elect one of its members chairperson, and then at the first meeting of each calendar year following an appointment or reappointment, the planning and zoning commission shall meet and organize by electing a chairperson and vice chairperson, each to serve one year or until his successor is elected and qualified.

      3.   Recommendations: The planning and zoning commission shall be responsible for recommendations to the city council on commercial and/or industrial comprehensive plan amendments and land use legislation.

      4.   Meetings: All meetings and records shall be open to the public. At least one regular meeting shall be held on the second Tuesday of each month for not less than nine (9) months in a year. A majority of voting members of the planning and zoning commission shall constitute a quorum. If both chairperson and vice chairperson are not in attendance at meeting, such meeting shall be conducted by the zoning administrator.

   C.   Duties: In addition, the duties of the planning and zoning commission regarding implementation of this title shall be as follows:

      1.   Provide for citizen meetings, hearings or other methods to obtain advice on the planning process, comprehensive plan and implementation;

      2.   Conduct informational meetings and consult with public officials and agencies, public utility companies and civic, educational, professional or other organizations;

      3.   Promote a public interest in and understanding of the planning and zoning commission activities;

      4.   Conduct public hearings and make recommendations based on the required findings and standards to the city council for applications in accordance with section 10-2-14, table 1 of this chapter. (1984 Code §§ 5-3-2, 11-5-2B; amd. 2014 Code; Ord. 606, 3-14-2016)

The city council shall have the authority to approve or deny commercial and/or industrial comprehensive plan amendments and land use legislation, including annexation, rezone and variance requests. The city council shall act on recommendations from the planning and zoning commission and serve as a review authority on appeals of discretionary and administrative actions. A listing of duties is included in section 10-2-14, table 1 of this chapter. (1984 Code § 11-5-2A)

   A.   Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this title.

   B.   Application Requirements: All persons making application for permits and decisions in accordance with this title shall submit an application to the zoning administrator on forms provided by the zoning administrator.

   C.   Determination Of Completeness:

      1.   An application shall contain all information deemed necessary by the zoning administrator to determine if the proposed permit or action will comply with the requirements of the applicable district or regulation.

      2.   Upon receipt of a complete application, the zoning administrator shall begin processing the application.

   D.   Fee: All applications shall be accompanied by a filing fee in an amount established by city ordinance or resolution. (1984 Code § 11-5-3; amd. 2014 Code)

   A.   Parties Of Record Defined: For purposes of this section, "parties of record" shall include the applicant, property owners of record within three hundred feet (300') of the exterior boundary of the application property, and any person who, in writing, specifically requests such status as to a particular application.

   B.   Procedure: Where the process specified by section 10-2-14, table 1 of this chapter, is administrative:

      1.   Upon submission of a complete application, the zoning administrator shall review such application and shall:

         a.   Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law; or

         b.   Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law and shall set forth any and all conditions of approval; and/or

         c.   Convene the design review committee to provide recommendations related to an application.

      2.   The zoning administrator shall provide to the applicant notice of the final decision. (1984 Code § 11-5-4)

   A.   Hearings Based On Certain Standards: Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest.

   B.   Preapplication Meeting: Prior to submitting an application, applicants for permits requiring a public hearing are required to conduct a preapplication meeting with the zoning administrator. At his discretion, the zoning administrator may include the design review committee.

   C.   Publishing Of Public Hearing Notice:

      1.   Legal Notice: In accordance with state code, at least fifteen (15) days prior to the public hearing, the city shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in the city.

      2.   Notice To Other Jurisdictions: The city shall send notice of the application to other jurisdictions with interest and/or authority over the application, including, but not limited to, the following:

         a.   Other jurisdictions with joint jurisdiction;

         b.   See section 10-16B-2-3 of this title.

   D.   Public Hearing:

      1.   The city council and/or planning and zoning commission shall conduct the public hearing in accordance with the procedures set forth in section 1-5-3 of this code and Idaho Code sections 67-6509 and 67-6511.

      2.   If the decision making body (see section 10-2-14, table 1 of this chapter) finds that it does not have sufficient information to make a decision, it may or may not continue the public hearing. The decision making body may also choose to conduct a study session with all parties of record to address questions and issues related to the application.

      3.   The decision making body (see section 10-2-14, table 1 of this chapter) may require or recommend conditions of approval that it deems necessary to protect the public health, safety and welfare and/or to prevent undue adverse impacts on surrounding properties.

      4.   After the conduct of the public hearing, the planning and zoning commission may recommend approval, recommend denial, approve, approve with conditions or deny the application request; the city council may approve, approve with conditions or deny the application request. (1984 Code § 11-5-5)

   A.   Fees Established By Ordinance Or Resolution: Applicant shall be responsible for fees as established by ordinance or resolution.

   B.   Professional Contract Staff (PCS) Fees: Applicant shall be responsible for PCS fees as described in title 9, chapter 5 of this code.

   C.   Fees Not Refundable: Fees to be charged for the various procedures stated in this title are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing. (1984 Code § 11-5-7; amd. Ord. 682, 5-10-2021)

   A.   Purpose: The purpose of this section is to standardize the appeal procedure for any party from any adverse ruling of either the city council, planning and zoning commission or zoning administrator. All time limits set out herein shall be deemed controlling unless a specific time limit is set out in another section. Any party aggrieved by the final action of the zoning administrator, planning and zoning commission or city council, may appeal in accordance with the appellant procedures herein set forth. Time limits shall be deemed jurisdictional. (1984 Code § 5-16-0)

   B.   Appeals From Decisions Of Zoning Administrator:

      1.   Any aggrieved party may appeal to the planning and zoning commission from a final adverse decision of the zoning administrator. Such appeal must be filed in writing with the zoning administrator or the planning and zoning commission within fifteen (15) days after the decision is rendered.

      2.   Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the zoning administrator committed error.

      3.   The planning and zoning commission may hear the appeal either by receiving and reviewing the record accumulated by the zoning administrator or by holding a hearing. Should the planning and zoning commission choose to schedule a hearing, such a hearing shall be held at the first regular planning and zoning commission meeting which falls after the filing of the notice of appeal; provided, that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the planning and zoning commission choose to decide an appeal strictly on the record presented by the zoning administrator, the planning and zoning commission may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.

      4.   Within sixty (60) days after the hearing or record review, the planning and zoning commission shall render a decision, together with a summary of findings, setting forth reasons why a particular decision was made.

      5.   Should the planning and zoning commission fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal. (1984 Code § 5-16-1)

   C.   Appeals From Decisions Of Planning And Zoning Commission:

      1.   Any aggrieved party may appeal to the city council from a final adverse decision of the planning and zoning commission. Such appeal must be filed in writing with the zoning administrator or the city council within fifteen (15) days after the decision is rendered.

      2.   Notice of appeal may be informal, but shall be in writing and shall set out reasons why the appealing party is aggrieved and shall state why the appellant believes the planning and zoning commission committed error.

      3.   The city council may hear the appeal either by receiving and reviewing the record accumulated by the zoning administrator or by holding a hearing. Should the city council choose to schedule a hearing, such a hearing shall be held at the first regular city council meeting which falls after the filing of the notice of appeal; provided, that at least five (5) days have elapsed between notice of filing and meeting. If the regular meeting is less than five (5) days after filing, said hearing may be scheduled at the next regularly scheduled meeting. Should the city council choose to decide an appeal strictly on the record presented by the zoning administrator, the city council may do so at any time, but no later than the first regular meeting which occurs fifteen (15) days after the filing of the notice of appeal.

      4.   Within sixty (60) days after the hearing or record review, the city council shall render a decision, together with a summary of findings, setting forth reasons why a particular decision was made.

      5.   Should the city council fail to take action within the allotted time, the appeal shall be deemed denied and the aggrieved party may pursue further appeal. (1984 Code § 5-16-2)

   D.   Appeals From Decisions Of City Council: Any person aggrieved by a final decision of the city council may appeal to the district court within twenty eight (28) days. For purposes of filing an appeal, an aggrieved person shall be limited to a person whose permit has been denied in full or in part, or a property owner whose property lies within three hundred feet (300') of the property subject to city council action. (1984 Code § 5-16-3)

   E.   General Provisions:

      1.   Representation: Any party may be represented at any stage by counsel.

      2.   Quorum: The city council or planning and zoning commission shall act by a simple majority of a quorum.

      3.   Stay Of Proceedings: Any appeal stays all work or all proceedings in furtherance of the action unless the zoning administrator certifies to the planning and zoning commission, after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life or property. (1984 Code § 5-16-4)

An applicant may request mediation consistent with Idaho Code section 67-6510. (1984 Code § 11-5-8)

   A.   Proper Permits Required: It is a violation for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or real property within the city without first obtaining proper permits or authorizations required for the use by this title.

   B.   Prohibited Use: It is a violation for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title or previous codes.

   C.   Noncompliance With Conditions Of Approval: It is a violation for any person to not comply with specific conditions of approval as stated in a conditional use permit, accessory use permit, final plat or land division plan as set forth in this title.

   D.   Misrepresentation Of Facts: It is a violation to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization as set forth in this title.

   E.   Failure To Comply: It is a violation for anyone to fail to comply with the requirements of this title, as set out in the specific sections of this title. (1984 Code § 11-1-11)

   A.   Purpose: The purpose of this section is to provide criminal as well as civil sanctions against persons who violate this title. The remedies herein contained shall not be deemed exclusive remedies and by choosing a criminal or civil remedy does not amount to an election of remedies. (1984 Code § 5-17-0)

   B.   Intent: It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title. (1984 Code § 11-1-12A; amd. 2014 Code)

   C.   Private Covenants Excepted: Neither the city council nor any employee or representative of the city council shall be required to enforce any private subdivision covenants or restrictions. (1984 Code § 5-17-2)

   D.   Investigation And Notice Of Violation:

      1.   The zoning administrator, or a person designated by the zoning administrator, shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title.

      2.   If, after investigation, it is determined that the standards or requirements of this title have been violated, the zoning administrator, or a person designated by the zoning administrator, shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties.

      3.   The notice served upon the owner, tenant or other person responsible for the condition shall be addressed to the last known address of such person. If no address is known, then notice may be made by publication in the newspaper of record for the city. The zoning administrator, or a person designated by the zoning administrator, will record all efforts made to effect service in person or by mail as part of his investigative report. (1984 Code § 11-1-12B; amd. 2014 Code)

   E.   Extension Of Compliance Date:

      1.   The zoning administrator may grant a reasonable extension of time for compliance with any notice or order, whether pending or final, upon finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. Such extension of time shall not exceed one hundred eighty (180) days.

      2.   An extension of time may be revoked by the zoning administrator if it is shown that any of the following are true:

         a.   The conditions at the time the extension was granted have changed; (1984 Code § 11-1-12C)

         b.   The zoning administrator determines that a party is not performing corrective actions as agreed; or (1984 Code § 11-1-12C; amd. 2014 Code)

         c.   If the extension creates an adverse effect on the public.

      3.   The date of revocation shall then be considered as the compliance date. (1984 Code § 11-1-12C)

   F.   Revocation Of Permits:

      1.   Zoning, General: The procedure for revocation of permits for other than commercial and industrial development is as follows:

         a.   In the event of any violation of any condition, term or prerequisite which has been set as a requirement, basis or condition precedent for the issuance, continuance or land use of a conditional use permit, a hardship permit or any other permit which is subject to revocation, any person may bring that violation to the attention of the zoning administrator. The information presented to the zoning administrator may be informal in nature, but it shall be in written form. After receipt of the information, the zoning administrator shall commence a cursory investigation to determine if the factual allegations made in support of the asserted violation are true, and if the allegations are true, if the conduct complained of constitutes a violation of the terms of the permitted use.

         b.   In the event the zoning administrator determines that the allegations are not true or, that even if true, the facts do not constitute a violation of the permitted use, the zoning administrator may dismiss the allegations and notify the complaining party. The complaining party shall have fifteen (15) days to file a notice of appeal with the planning and zoning commission. In the event the administrator determines that the allegations are true and constitute a violation of the permitted use, the zoning administrator shall send notice of the violation to the permit holder. The notice shall inform the permit holder of the terms and conditions of the permit, the substance of the allegations which constitute the violation and inform the holder that the matter shall be placed on the agenda before the city council. At the time the matter is scheduled before the city council, the permit holder shall appear and shall either admit or deny the substance of the allegations. In the event the allegations are denied, the city council may set the hearing or may send the matter to the planning and zoning commission with instructions that the commission set the matter for a public hearing on behalf of the city council. At the public hearing, the city council or the planning and zoning commission shall hear evidence presented to support the allegations that the holder has violated the terms of the permit and shall hear evidence which rebuts the allegations. After the public hearing has been conducted, the city council shall make a determination whether or not the facts giving rise to the allegations of a violation of the permit are true, and if true, whether the conduct complained of constitutes a violation of the permit. In the event the city council makes a finding that there is no substance to the allegations or that the permit holder's conduct does not constitute a violation of the terms of the permit, the matter shall be dismissed. In the event the city council makes a finding that there has been a violation of the terms of the permit, or in the event the holder admits to a violation thereof, the city council shall take one of the following courses of action:

            (1)   The city council may revoke the permit.

            (2)   The city council may extend the permit for a set period on a probationary status, subject to such terms and conditions as the city council may deem appropriate, with the prerequisite that if there is a violation of the conditions underlying the permit while it is in probationary status, the permit may be revoked upon a showing by affidavit of any violation without the necessity of further hearing.

            (3)   It may modify the terms and conditions of the permit and allow it to continue subject to the new terms.

            (4)   It may allow the conditional use to continue under the same terms and conditions.

         c.   All notices required by this section may be sent by regular U.S. mail, postage prepaid. In the event a permit holder fails to appear at any stage of any proceedings, a hearing or a decision can be made in the absence of that person.

         d.   Any action pursued in accordance with this section does not preclude the city from any other form of enforcement, which enforcement may include criminal prosecution, civil abatement or injunctive relief.

         e.   Any decision rendered by the city council may be appealed to the district court pursuant to the Idaho administrative procedures act, in the manner and within the time limits set by Idaho Code section 67-5270. (1984 Code § 5-17-4; amd. 2014 Code)

      2.   Commercial And Industrial Development: The procedure for revocation of permits for commercial and industrial development is as follows:

         a.   A conditional use or accessory use permit, or any other permit which is subject to revocation, may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit.

         b.   If the city council decides to revoke a conditional use permit or accessory use permit, or any other permit which is subject to revocation, either on its own action or upon complaint to the city council, the city council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation.

         c.   Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued.

         d.   The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use or accessory use permit. If the city council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made.

         e.   An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state, Idaho Code section 67-5270. (1984 Code § 11-1-12D; amd. 2014 Code)

   G.   Criminal Penalty: A violation of the provisions of this title is declared a misdemeanor. Any person violating or failing to comply with any of the provisions of this title shall be subject to criminal prosecution and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense. (1984 Code § 11-1-15A; amd. 2014 Code)

   H.   Additional Remedies For Violations:

      1.   Nothing contained herein shall prevent the city council, the planning and zoning commission, any public official or any private citizen from taking any lawful action to restrain, prevent or abate any act, proposed act or action which is in violation of or which would violate any provision of this title. Should any person successfully sue for the restraining, prevention or abatement of any act or proposed act which would violate this title, that person shall be awarded all costs and fees incurred in pursuing that action. (1984 Code § 5-17-1; amd. 2014 Code)

      2.   Notwithstanding the provisions of subsection G of this section, the city attorney, at his or her sole discretion, may civilly prosecute any violation of this title and seek all available remedies that may include, but are not limited to, abatement of the noncompliant conditions, revocation of existing permits for noncompliance, civil damages for enforcement, or any other remedy as allowed by law. (1984 Code § 11-1-15B)

      3.   The city may file a lien upon any real property owned by convicted persons if they fail to comply with the penalty as set forth in this section. (1984 Code § 11-1-15C)

      4.   The city may withhold any approval and/or permit for any and all proposed activities or uses on any real property with outstanding violations of this title, except that such approval and/or permit shall not be withheld where such withholding would adversely affect health, safety or the general public welfare. (1984 Code § 11-1-15D)

The following is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and reference to the process under which the action shall be taken. This is not intended to require the planning and zoning commission to review applications where they are not listed as a recommending body, such as final plat, variance and vacation.

   TABLE 1

   DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION

 

 

 

(1984 Code § 11-5-2E)