There is hereby established a Planning and Zoning Commission for Idaho City, which shall consist of five (5) members. The Mayor shall appoint these members, with the consent of the City Council as provided by State law. Appointed members may be removed as provided by State law. (Ord. 352, 4-25-2018; amd. Ord. 370, 8-3-2022)

   A.   Idaho City Planning and Zoning Commission as established by this chapter shall be responsible for performing the duties set forth in the Local Land Use Planning Act and for fulfilling the duties of the City Council as set forth in this title.

   B.   In addition to those activities where the Local Land Use Planning Act or this title has assigned responsibility to make recommendations to the City Council, the Planning and Zoning Commission shall have decision-making authority, subject to appeal to the City Council, concerning the following matters:

      1.   Conditional use permits.

      2.   Variances.

      3.   Appeals from decisions by the Administrator solely concerning associated conditions, approval or denial of permits authorized or required by this title.

      4.   Applications expressly requiring commission approval by this title or other ordinances.

   C.   The commission shall carry out the following responsibilities concerning matters of planning and community development:

      1.   Initiate or review proposed amendments to the Comprehensive Plan and to conduct a periodic review of the Comprehensive Plan.

      2.   Review all proposed amendments to this title and provide recommendations to the City Council.

      3.   Review all planned unit developments and other actions authorized by this title and, where applicable, provide recommendations to the City Council.

      4.   Hear and decide appeals where there is an alleged error of law in any order, requirement, decision, interpretation or determination made by the Administrator as authorized by this title. (Ord. 352, 4-25-2018)

The commission shall select a Chairman and Vice-Chairman annually at the initial meeting in January and create and fill any other office(s) that it may deem necessary. The commission may establish subcommittees, advisors, etc., to assist in carrying out the responsibilities of the commission. Written organizational by-laws and procedural rules may be adopted consistent with this title and laws of the State. (Ord. 352, 4-25-2018)

All meetings and records of the commission shall conform to Open Meeting Act and Public Records Act, respectively. Meeting schedules and other aspects of commission activities shall comply with State law. (Ord. 352, 4-25-2018)

With approval of the City Council, the 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 City Council. The commission may contractually bind Idaho City only with City Council approval. (Ord. 352, 4-25-2018)

A member of the City Council or commission, or an Idaho City employee, shall not participate in any proceeding or action when the person, or his employer, business partner, business associate, or any person related to him by affinity or consanguinity within the second (2nd) degree, has an economic interest in the procedure or action. Any actual or potential interest in any proceeding or legally significant ex parte contact should be disclosed at or before any meeting at which the action is being heard or considered. Any such disclosure shall be noted in the minutes. (Ord. 352, 4-25-2018)