The planning and zoning commission shall consist of seven (7) members. The term for members shall be as set forth in section 2-42(a) of this Code. All members shall be residents of the city; provided, however, one (1) member may be a resident of the area of city impact.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4502, § 1, 2-11-08; Ord. No. 4716, § 1, 6-11-18; Ord. No. 4860, § 1, 10-24-22)

Editor's note— Ord. No. 4716, adopted June 11, 2018, repealed § 37-182, pertaining to planning and zoning commission membership, derived from Ord. No. 4108, § 2 and Ord. No. 4502, § 2.

The planning and zoning commission shall have jurisdiction and authority as follows:

(1)

To conduct a comprehensive planning process to prepare comprehensive plan as required by Idaho Code §§ 67-6508 through 67-6510; to recommend its adoption by the council; to prepare implementing measures; and to review and update the comprehensive plan as necessary.

(2)

To receive and act upon applications for actions authorized and specified herein.

(3)

To hold public hearings on applications for variances, conditional use permits, changes of use of nonconforming uses, proposed zoning amendments and proposed amendments to the comprehensive plan.

(4)

To submit to the council a report and recommendations on each zoning amendment and comprehensive plan amendment following public hearing and preliminary plats following review at a public meeting.

(5)

To determine the classification of use not specifically mentioned in this chapter. Such determination shall be based upon a detailed description of the proposed use and such other information as may be required.

(6)

To provide and maintain a continuing program of public information on planning and zoning matters, including reasons or grounds for actions taken.

(7)

To hear appeals from rulings of the community development department related to its administration and enforcement of this chapter.

(8)

Review and comment as appropriate to the Nez Perce County Planning and Zoning Commission and/or the Nez Perce County Board of County Commissioners on land use proposals within the area of city impact.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4622, § 1, 2-23-15; Ord. No. 4891, § 1, 11-27-23)

(a)

Public hearing required. Upon the receipt of an application for a conditional use pursuant to section 37-161 of this chapter, a variance pursuant to section 37-175 of this chapter, a change of use of nonconforming use pursuant to section 37-168 of this chapter, or planned unit development pursuant to section 37-97 of this chapter, or an application for a zone change, comprehensive plan amendment, or an amendment to the text of this chapter, a public hearing shall be scheduled.

(b)

Notifications.

(1)

Each notice of public hearing on an amendment to the text of this chapter shall contain the date, time, and place of the hearing, a summary of the proposed amendment, and any other information considered pertinent; and shall be published at least once in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing.

(2)

Each notice of public hearing on a conditional use, change of use of a nonconforming use, variance request, or on an amendment to change the zoning map or comprehensive plan shall include as a minimum the date, time, and place of the hearing and summary of the proposal. The notice shall be published in a newspaper of general circulation in the city at least fifteen (15) calendar days prior to the hearing and shall, in addition, be mailed to the owners of all properties within three hundred thirty (330) feet of the exterior boundary of the property for which the application is made, except in variance cases notices shall be mailed only to owners of adjoining properties, including properties across streets, alleys and rights-of-way. All notices shall be mailed at least eight (8) calendar days prior to the hearing.

(3)

When notice is required to two hundred (200) or more property owners or residents, mailed notice may be omitted. In lieu thereof, public announcements of the hearing shall be made on local radio and television stations at least five (5), but not more than fifteen (15) days before the hearing.

(4)

Failure of any person to receive the notice prescribed in this section shall not impair the validity of the hearing.

(5)

The commission or city council may recess a hearing to serve further notice upon other property owners or persons it determines may be interested in the proposal being considered.

(c)

Conduct of public hearings. A public hearing shall be held to determine whether the application is consistent with the policies and goals enumerated in this chapter. The procedure for such public hearings shall be as set forth in section 2-26(n) of this Code, in addition to the following:

(1)

All public hearings shall be recorded and all persons speaking at such hearings shall speak in such a manner as to ensure the accuracy of the recorded testimony and remarks.

(2)

Any person who disrupts a public hearing by making threatening comments or gestures, or who becomes disruptive, or who fails to remain on-topic (during a public hearing) while addressing the commission or attending a public hearing shall first be warned by the chairman that he or she is out of order and that further disruption shall be cause to remove the person from the hearing. If the person continues to cause a disruption after being warned, the person may be removed by order of the chairman.

(d)

Recommendations and decisions. All recommendations and decisions of the commission and all decisions of the city council made pursuant to this chapter and Idaho Code Title 67, Chapter 65, shall be made within forty-five (45) calendar days of the public hearing at which the application was considered, unless:

(1)

The public hearing is continued;

(2)

The applicant withdraws the application; or

(3)

The city council holds an additional public hearing or remands consideration of the application back to the commission.

Any subsequent recommendation(s) and decision(s) after consideration at the initial public hearing shall be made within forty-five (45) calendar days of the subsequent consideration.

When required by Idaho Code Title 67, Chapter 65, the decision of the commission or the city council shall be set forth in a written reasoned statement of relevant criteria and standards that satisfies the requirements of Idaho Code Title 67, Chapter 65.

(e)

Copy of decision and appeal. Within five (5) business days after the commission or city council has adopted its written reasoned statement of relevant criteria and standards with its decision regarding an application, the applicant shall be provided a copy of such written reasoned statement of relevant criteria and standards by the community development department. The decision is final unless appealed pursuant to section 37-185 of this Code.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 20, 7-13-09; Ord. No. 4801, § 1, 4-12-21; Ord. No. 4863, § 1, 11-14-22; Ord. No. 4891, § 2, 11-27-23)

(a)

Final decisions. A decision is not considered final, and no petition for judicial review of the decision may be filed, until the provisions of this section have been completed and the provisions below have been exhausted as provided by this section and Idaho Code § 67- 6535(2)(b), as may be amended from time-to-time.

(1)

A final decision of the commission is not a final decision for the purposes of judicial review until the commission has issued a final decision upon reconsideration and the city council has issued a final decision on appeal.

a.

Commission recommendations to city council are not final decisions and, thus, shall not be subject to reconsideration or appeal.

(b)

Request for reconsideration of a final decision by the commission or by the city council.

(1)

Procedure. An applicant or affected person may file a written request for reconsideration with the city clerk to request that the commission or the city council reconsider a final decision within fourteen (14) calendar days by 5:00 p.m. on the fourteenth day after the commission or city council has adopted its written reasoned statement of relevant criteria and standards. The written request for reconsideration shall include, at a minimum, the following information: (i) the name and address of the applicant or affected person requesting reconsideration, (ii) the specific deficiencies in the decision for which reconsideration is sought, and (iii) a description of any procedural injury or substantial harm to real property interest(s) suffered as a result of the decision.

a.

A request for reconsideration shall be a mandatory exhaustion of an applicant or affected person's administrative remedies prior to the filing of an appeal of a commission decision to the city council or petition for judicial review of a final decision by the city council.

(2)

Stay of action. The filing of a request for reconsideration stays further action on the project, including recording of any related ordinances or resolutions.

(3)

Reconsideration.

a.

Upon receipt of a request for reconsideration that complies with the requirements of this section, the matter shall be scheduled for reconsideration by the commission or city council, as applicable, no later than the second regularly scheduled meeting after the filing of the request for reconsideration.

b.

Upon reconsideration, the decision may be affirmed, reversed, or modified, pursuant to Idaho Code § 67-6535, as may be amended from time-to-time. A written decision shah be provided to the applicant or affected person within thirty (30) days of reconsideration, in accordance with Idaho Code § 67-6535, as may be amended from time-to-time.

c.

A decision on reconsideration of a final decision made by the city council is not eligible for reconsideration under the provisions of this section.

(c)

Appeal of a final decision of planning and zoning commission.

(1)

Procedure. Within fourteen (14) calendar days after the commission has adopted its written decision on reconsideration, an applicant or affected person may file with the city clerk a written notice of appeal to the city council. The written notice of appeal shall include, at a minimum, the following information: (i) the name and address of the applicant or affected person, (ii) identification of the section(s) of this Code or applicable state or federal law(s) that has been incorrectly applied or violated and a description of how they have been incorrectly applied or violated, and (iii) a description of the real or potential prejudice to a substantial right of the applicant or affected person. Written notice of the appeal shall be filed with the city clerk and the fee required by section 37-188 of this Code shall be deposited with the city clerk within the fourteen-day period. If an appeal is not filed and/or the fee required by section 37-188 of this Code is not deposited with the city clerk within the fourteen-day period, then the decision of the commission shall be final. If an appeal is filed and the required fee is deposited within the required time, the commission shall make a written report of the case to the council.

a.

The council may, in its sole discretion and without hearing or notice, either refuse to accept jurisdiction of such appeal, in which case the decision of the commission shall be final, and any appeal fees shall be refunded; or it may provide that such appeal shall be heard at a public hearing before the city council at such time and pursuant to such rules as the council may determine.

(2)

Stay of proceedings. The filing of an appeal of a commission decision stays further approvals and/or actions on the project.

(3)

Conduct of appeal hearing.

a.

The city council shall hear an appeal of a final decision of the commission de novo, and is not required to rely upon or be bound by the reasoning or conclusions made by the commission.

b.

In the event the council decides to hold a public hearing regarding an appeal, the city clerk shall publish notice of a public hearing on the matter as required by section 37-184(b) of this Code.

c.

During the public hearing, testimony shall be limited to those issues that were set forth in the written appeal. The city council may ask about or request information regarding aspects of the project that were not included in the written appeal, if they desire, but shall not supplement or alter the specific grounds upon which the appeal is made.

(d)

Criteria on which decision may be based.

(1)

After hearing a request for reconsideration or an appeal, the commission or city council may affirm, reverse, or modify any final decision, or the city council may order the case back to the commission for further proceedings. The commission's or city council's decision to affirm, reverse, or modify a final decision shall be based on one (1) or more of the following criteria:

a.

The decision violates state or federal law.

b.

The decision exceeds the statutory or delegated authority of the commission or city council.

c.

The decision was made through procedures that were unlawful or inconsistent with this Code.

d.

The decision is not supported by substantial evidence.

e.

The decision is arbitrary, capricious, or an abuse of discretion in that it was made without rational basis, or in disregard of the facts and circumstances presented. Even if the record would support two (2) different interpretations of what this Code and applicable state and federal law requires, the action is not arbitrary, capricious, or an abuse of discretion if exercised honestly and after due consideration upon review.

(2)

If error is found, the commission or city council may reverse or modify the decision.

(3)

If no error is found, the commission or city council shall deny the request for reconsideration or appeal, and the decision shall be upheld.

(4)

The city clerk shall mail to the applicant and the appellant notice of the decision together with the reasoned statement and a notification of the right to seek further review, including judicial review.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4683, § 1, 1-9-17; Ord. No. 4687, § 1, 7-10-17; Ord. No. 4801, § 2, 4-12-21; Ord. No. 4891, § 4, 11-27-23)

Editor's note— Ord. No. 4623, § 1, adopted February 23, 2015, repealed § 37-186, pertaining to appeals from action or ruling of planning and zoning commission in the city impact area, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

No person, except the city council or the planning and zoning commission shall reinitiate an application for a zone amendment, conditional use permit, or variance permit for any property for which a previous application has been submitted and denied within one (1) year after final determination of such application. This limitation shall not apply where a material change in circumstances has occurred since the date of denial.

(Ord. No. 4108, § 2, 8-15-94)

All petitions, applications and appeals provided in this chapter shall be made on forms prescribed by the city clerk and accompanied by the appropriate fee in accordance with the fee schedule adopted by resolution of the city council.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4531, § 21, 7-13-09)

Editor's note— Ord. No. 4531, § 22, adopted July 13, 2009, repealed § 37-189, relating to filing fees, which derived from Ord. No. 4108, § 2, adopted August 15, 1994 as amended by Ord. No. 4414 § 1, adopted August 22, 2005, and Ord. No. 4506, § 1, adopted May 12, 2008.

Editor's note— Ord. No. 4530, § 3, adopted April 27, 2009, repealed § 37-190, pertaining to time limits of conditional use or variance permits, which derived from Ord. No. 4108, § 2, adopted August 15, 1994.

It shall be unlawful for an owner to use or to permit the use of any structure, building, land or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate, which may be a part of the building permit, shall have been issued by the community development department.

(Ord. No. 4108, § 2, 8-15-94)

(a)

It shall be the duty of the community development department to enforce the provisions of this chapter and in addition thereto and in furtherance of said authority, shall:

(1)

Issue building permits for construction, repair and alterations.

(2)

Issue a stop work order when a structure is or is proposed to be located, constructed, maintained, repaired, altered or used in a manner not prescribed by this chapter, the violation of which order shall be an offense under this Code.

(3)

Conduct inspection of buildings and structures for:

a.

Location on the property with respect to property lines.

b.

Location on the property with respect to uses allowed and uses permitted.

c.

Determination of compliance with the terms and conditions of this chapter.

(4)

Maintain permanent records of all inspections and determinations made involving the inspections of buildings, structures and the use of lands to ensure continuous compliance with the terms of this chapter.

(b)

It shall be the duty of the community development department to assist in the enforcement of the provisions of this chapter and in addition thereto and in furtherance of said authority, he, or his authorized representative, shall:

(1)

Order the abatement of violations of the zoning ordinance, the violation of which order shall be an offense under this Code.

(2)

Aid in the prosecution of such violations.

(3)

Receive and examine applications for zone changes and maintain permanent records thereof.

(4)

Maintain permanent and current records of applications for all reclassifications, variances and conditional use permits and of the hearings and actions thereon.

(5)

Receive, file and transmit to the commission all applications, petitions and other communications upon which the commission is required hereby to act.

(c)

An appeal from a ruling of the community development department may be made in writing to the commission by an affected person, within fourteen (14) days of the ruling. Notices of the appeal shall be sent to all adjacent property owners, giving the date and time the commission will consider the appeal.

(Ord. No. 4108, § 2, 8-15-94; Ord. No. 4891, § 5, 11-27-23)