For the purpose of carrying out the provisions of this title, an administrator and commission are hereby created. (Ord. 441, 7-24-2002)

The city shall appoint an administrator to administer this title. The administrator may be provided with the assistance of such other persons as the city may direct.

For the purpose of this title, the administrator shall have the following duties:

   A.   Advise interested persons of the zoning ordinance provisions;

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

   C.   Aid applicants in the preparation and expedition of required application;

   D.   Conduct or initiate zoning review as set forth in the definition of "zoning review and certificates" in section 8-2-2 of this title, as applicable, and provide required notifications and such similar administrative duties;

   E.   Investigate all violations of this title and notify in writing the persons or entities responsible for such violations, ordering the action necessary to correct such violations; and

   F.   Assist the commission and council in carrying out the provisions of this title. (Ord. 441, 7-24-2002; amd. Ord. 562, 5-22-2013; Ord. 2020-622, 7-22-2020)

There is hereby established the Heyburn planning and zoning commission. (Ord. 582, 4-27-2016)

The commission shall consist of five (5) voting members, all appointed by the mayor and confirmed by majority vote of the city council. An appointed member of the commission must have resided in the county for two (2) years prior to his appointment, and must remain a resident of the county during his service on the commission. (At least 1 but not more than 2 of the members of the commission shall reside within the city's area of impact.)

The term of office for members shall be five (5) years. No person shall serve more than two (2) full consecutive terms. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Members may be removed by the mayor for cause with the council's concurrence. Members shall be selected without respect to political affiliation and may receive such mileage and per diem compensation as provided by the council. Commission members may be entitled to no additional mileage or per diem compensation. (Ord. 582, 4-27-2016)

The commission shall elect a chairman and create and fill any other office that it may deem necessary. The commission may establish subcommittees, advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. The commission may appoint nonvoting ex officio advisors as may be deemed necessary. (Ord. 582, 4-27-2016)

For the purpose of this title the commission shall have the following duties:

   A.   May initiate proposed amendments to this title and conduct an annual review of the complete zoning ordinance;

   B.   Review all proposed amendments to this title and make recommendations to the city council;

   C.   Review all planned unit developments and make recommendations to the city council;

   D.   Grant special use permits as specified in the official schedule of district regulations and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title;

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

   F.   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; and

   G.   Hear and decide or hear and advise the council on all zoning actions, applications or matters dealing with this title and title 9 of this code placed before the commission by the zoning administrator. (Ord. 582, 4-27-2016)

Written organization papers or bylaws consistent with this title and other laws of the state for the transaction of business of the commission shall be adopted. A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All meetings and records shall be open to the public. At least one regular meeting shall be held each month for not less than nine (9) months in a year. A majority of voting members of the commission shall constitute a quorum. (Ord. 582, 4-27-2016)

With advance approval of the council, the commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments 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 council. Within such limits, any commission is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants. In the event the council and mayor do not appoint the commission to serve as herein provided, then the council shall serve as the commission and any procedure requiring submission of any issue to or requirement of a hearing before the commission prior to submission of such issue or hearing before the council shall be deemed combined. Also, in such circumstance, any review of the commission decision to the council shall be deemed already reviewed. (Ord. 582, 4-27-2016)

A member or employee of the city council, mayor, zoning administrator or commission shall not participate in any proceeding or action when the member or employee of the city council, mayor, zoning administrator or commission has an economic interest in the procedure or action 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. (Ord. 582, 4-27-2016)