Gem County Unincorporated
City Zoning Code

CHAPTER 12

ADMINISTRATION

11-12-1: GENERAL:

For the purpose of carrying out the provisions of this title, an Administrator and Planning and Zoning Commission have been created. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)

11-12-2: ADMINISTRATOR:

A. Appointment: The Board shall appoint an Administrator to administer this title.

B. Assistants: The Administrator may be provided with the assistance of such other persons as the Board may direct.

C. Duties: For the purpose of this title, the Administrator shall have the following duties:

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

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

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

4. Issue zoning permits and building permits, notifications and such similar administrative duties;

5. Investigate all violations of this title and notify in writing the person responsible for such violations(s), ordering the action necessary to correct such violation; and

6. Assist the Commission and Board in carrying out the provisions of this title. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)

11-12-3: PLANNING AND ZONING COMMISSION:

A. Membership:

1. Number; Appointment; Confirmation: The Planning and Zoning Commission shall consist of not less than three (3) nor more than twelve (12) voting members. The members shall be appointed by the chairman of the board of commissioners and confirmed by majority vote of the board.

2. Residency: Members must have resided in Gem County for at least two (2) years prior to the date of their appointment and must remain a resident of the county during their time as a member. Not more than one-third (1/3) of the members may reside within an incorporated city in Gem County. At least one-half (½) of the members must reside outside the boundaries of the area of impact of any city.

3. Term: The term of office for each member shall be four (4) years. No member shall serve more than two (2) full consecutive terms.

4. Vacancies: Vacancies on the Planning and Zoning Commission occurring otherwise than through expiration of terms shall be filled in the same manner as the original appointment. Replacement members shall be selected without respect to political affiliation.

5. Removal: Members may be removed for cause by majority vote of the board of commissioners.

6. Compensation: Members shall be entitled to receive reimbursement for mileage and per diem if approved by resolution of the Gem County board of commissioners.

B. Organization:

1. Chairman: The Planning and Zoning Commission shall elect a chairman and officers that it may deem necessary.

2. Committees; Advisory Groups: The Planning and Zoning Commission may establish subcommittees, advisory committees, hearing examiners, or neighborhood groups to advise and assist in carrying out the responsibilities set out in subsection E of this section.

3. Ex Officio Advisors: The Planning and Zoning Commission may appoint nonvoting ex officio advisors as may be deemed necessary.

C. Rules, Records And Meetings:

1. Bylaws: The Planning and Zoning Commission shall develop and adopt written bylaws consistent with this title and other laws of the state governing the transaction of business of the commission.

2. Records; Open To Public: The Planning and Zoning Commission shall provide for the keeping and maintaining of records of meetings, hearings, resolutions, studies, findings, permits and actions taken, which records shall be open to the public.

3. Meetings: The Planning and Zoning Commission shall meet in at least one regular meeting each month for not less than nine (9) months in a calendar year. The meeting agenda and notice of any meetings shall comply with the Idaho open meetings act as set out in Idaho Code section 74-1 et seq.

4. Quorum: A majority of the appointed members shall constitute a quorum.

D. Expenditures And Staff: With approval of the Board of Commissioners, the Planning and Zoning Commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local government or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by the commission shall be within the amounts appropriated by the board. Within such limits, the commission is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants.

E. Duties Of Planning and Zoning Commission: For the purposes of this title, the Planning and Zoning Commission shall have the following duties:

1. Initiate Proposed Amendments; Annual Review: Initiate proposed amendments to this title and conduct an annual review of this title;

2. Review Proposed Amendments: Review all proposed amendments to this title and make recommendations to the board;

3. Planned Unit Developments; Subdivisions: Review all planned unit developments and subdivisions and make recommendations to the board;

4. Special Use Permits: Grant special use permits as specified in the official schedule of zoning regulations and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;

5. Appeals: Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator;

6. Variances: Authorize such variances from the terms of this title as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done;

7. Temporary Hardship Permits: Hear requests for temporary hardship permits when the administrative application receives public opposition;

8. Rezones: Hear all requests for rezones and make recommendations to the Board;

9. Development Agreements: Review and consider all development agreements provided by the applicant or staff and make recommendations to the Board;

10. Make recommendations to the Board concerning the Comprehensive Plan, planning process, or implementation of the comprehensive plan;

11. In accordance with Idaho Code 67-6508 and 67-6509, hold public hearings on any amendments to the Comprehensive Plan, whether initiated by the Commission or a private party, and make written recommendations on said hearings to the Board. (Ord. 2009-05, 9-28-2009; amd. Ord. 2014-03, 2-18-2014; Ord. 2022-07, 8-1-2022)

11-12-4: CONFLICT OF INTEREST:

A member or employee of the Board of Commissioners or the Planning and Zoning Commission shall not participate in any proceeding or action when the member or employee or his employer, 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. A knowing violation of this section shall be a misdemeanor. Any member removing themselves from any proceeding shall not affect the status of a constituted quorum. (Ord. 2009-05, 9-28-2009; amd. Ord. 2022-07, 8-1-2022)