The Council may appoint an Administrator to administer this title. For the purpose of this title, the Administrator may 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, notifications and such similar administrative duties;
5. Assist the commission and Council in carrying out the provisions of this title. (Ord. 313-08, 6-9-2008)
   

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

1. Initiate proposed amendments to this title.
2. Review all proposed amendments to this title and make recommendations to the Council.
3. Review conditional use permits as specified in this title and under the conditions as herein detailed with such additional safeguards as will uphold the intent of this title.
4. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Administrator.
5. Review 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. (Ord. 313-08, 6-9-2008)
   

The Council creating a commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of the Council or 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 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. 313-08, 6-9-2008)

1. Permit Required: No person shall undertake any construction or use for which a zone change, conditional use, or variance is required or any type of activity that requires a building permit without first obtaining the applicable permit from the proper authority.
2. Permit Approval, Disapproval And Conditions:
   1. Within thirty (30) days after the receipt of an application, the Administrator shall either approve or disapprove the application if in conformance with the provisions of this title.
   2. All zoning permits shall, however, be conditional upon the commencement of work within one year.
   3. One copy of the plans shall be returned to the applicant by the Administrator after the Administrator has marked the copy either as approved or disapproved and attested to the same by signature of such copy.
   4. One copy of the plans shall be retained by the Administrator.
   5. If the work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire.
   6. Failure to obtain a zoning permit is a violation of this title. (Ord. 313-08, 6-9-2008)
      

1. The Council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other matters pertaining to the administration and enforcement of this title requiring investigations, inspections, legal advertising, consultation services, postage, and other expenses.
2. In addition, the applicant shall pay to the City the cost of legal publication and attorney fees required for legal opinions, research and investigation of matters required by this title and/or Idaho Code.
3. The schedule of fees shall be on file in the Office of the City Clerk-Treasurer, and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on the application or appeal. (Ord. 313-08, 6-9-2008)
   

Whenever a violation of this title occurs, or it is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Administrator. The Administrator shall properly record the complaint, immediately investigate and take action thereon as follows:

1. Upon determination by the Administrator that a violation of this title has occurred, he shall notify the responsible party of the violation. The notice of violation shall be in writing and shall include:
   1. A description of the premises sufficient for identification.
   2. A statement indicating the nature of the violation.
   3. A statement of the remedial action necessary to effect compliance.
   4. The date before which the violation shall be corrected.
   5. A statement that failure to obey may result in further action.
2. The notification of violation is deemed to have been properly served to the responsible party if it is served to him personally or sent by certified mail to his last known address. (Ord. 313-08, 6-9-2008)
   

1. The City Attorney may, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows: Violations of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the Council or any other public official or private citizen from taking lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 313-08, 6-9-2008)
2. Any person convicted of a violation of any provision of this title may be punishable as provided in subsection 1-4-1A of this Code, and in addition thereto, any person so convicted shall pay such costs as the court may assess. (Ord. 313-08, 6-9-2008; amd. 2018 Code)
   

Each district lists conditional uses that may be allowed if found to be compatible with surrounding land uses. Every use that requires a conditional use permit is declared to possess characteristics such as to require review and appraisal by the commission and Council to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. (Ord. 313-08, 6-9-2008)

An approved conditional use permit shall at least meet the minimum bulk standards such as, but not limited to, setback requirements, lot size and building height of the underlying district. Exceptions to those requirements must be sought through the variance procedure. (Ord. 313-08, 6-9-2008)

An application for a conditional use permit shall be filed with the Administrator by at least one owner or lessor of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

1. Name, address and phone number of the applicant.
2. Legal description of the property.
3. Description of existing use.
4. Zone district.
5. Description of the proposed conditional use.
6. Site plan.
7. An objective narrative statement evaluating the effects on adjoining property and proposed methods to mitigate those effects; a discussion of the general compatibility with adjacent and other properties in the vicinity.
8. Certificate of ownership (see section 10-2-2 of this title for definition).
9. A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered which must be provided by and certified to by a licensed title company doing business in Adams County, Idaho.
10. Application fees. (Ord. 313-08, 6-9-2008)
    

Following the acceptance of the complete conditional use permit application by the Administrator and prior to granting a conditional use permit, a public hearing shall be held to review the conditional use permit request.

1. Notice Of Hearing: At least fifteen (15) days prior to the date of the public hearing, the Administrator shall cause notice of time and place and a summary of the proposed conditional use to be published in the official newspaper or paper of general circulation within the City and its impact area. Notice by first class U.S. mail shall be sent to all property owners within at least three hundred feet (300') of the external boundaries of the subject property at least fifteen (15) days prior to the public hearing date. The Administrator shall cause notice to be posted upon the subject site not less than seven (7) days prior to the public hearing.
2. Commission Recommendation:
   1. Conditional use permits shall be heard by the commission. The commission shall consider the facts and circumstances of each conditional use application and shall make a recommendation based upon the following standards:
      1. Will, in fact, constitute a conditional use as established in this title for the zoning district involved.
      2. Will be harmonious with and in accordance with this title and the general objective of the Comprehensive Plan.
      3. Will not alter the intended character of the area.
      4. Will not be detrimental to public health and safety or adjacent property.
      5. Will not result in the destruction, loss or damage of a natural, environmental, scenic or historic feature of major importance.
   2. In recommending approval of any conditional use permit, the commission may identify appropriate conditions, bonds and safeguards in conformity with this title. Conditions may include, but shall not be limited to, specific requirements that would:
      1. Minimize adverse impacts on other development.
      2. Control the sequence and timing of development.
      3. Control the duration of development.
      4. Assure proper maintenance of development.
      5. Require the provision for on site and off site facilities or services.
      6. Require more restrictive standards than those required by this title.
      7. Require financial guarantees. (Ord. 313-08, 6-9-2008)
      8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing service within the planning jurisdiction. (2018 Code)
   3. Within fifteen (15) days following the public hearing, the commission shall forward its recommendation for approval, conditional approval, or denial to the Council or table the item for further review. The recommendation shall be in writing and shall specify:
      1. The standards used in evaluating the application.
      2. The reason(s) for the recommendation. (Ord. 313-08, 6-9-2008)
3. Council Action: At the next regularly scheduled Council meeting, the Council shall grant or deny the permit or delay a decision for up to thirty (30) days for further study or hearing. A hearing held by the Council is subject to the same notice requirements and hearing procedures followed by the commission's public hearing. All associated fees shall be assessed to the applicant. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided by section 67-8003, Idaho Code, consistent with requirements established thereby. (Ord. 313-08, 6-9-2008; amd. 2018 Code)
   

Unless a longer time is specifically established as a condition of approval, a conditional use permit shall be considered void twelve (12) months following the effective date of the permit if construction is not being diligently pursued toward completion. (Ord. 313-08, 6-9-2008)

A conditional use permit may be suspended or revoked upon determination by the commission during their regularly scheduled meeting that a violation of the conditions of approval has occurred. The commission shall then hold a public hearing subject to the same notification requirements as outlined in section 10-3A-4 of this article to determine the extent of the violations and the appropriate corrective action. (Ord. 313-08, 6-9-2008)

A conditional use permit is granted to the subject property and shall remain valid upon a change in ownership with all attached conditions. Conditional use permits are not transferable from one parcel to another. (Ord. 313-08, 6-9-2008)

The Council may grant more than one conditional use permit to a single parcel of property or may grant conditional use permits to a single parcel of property that currently contains a principal use allowed outright by that district. (Ord. 313-08, 6-9-2008)

The City Council may authorize in specific cases such variance from the bulk requirements of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and not permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the bulk provisions of this title would result in unnecessary hardship or inequity. Variances shall not be granted to allow uses within a district where such uses are prohibited by this title. (Ord. 313-08, 6-9-2008)

An application for a variance shall be filed with the Administrator by at least one owner or lessor of the property for which such variance is proposed. At a minimum, the application shall contain the following information:

1. Name, address and phone number of the applicant.
2. Legal description of the property.
3. Description of the existing use.
4. Zone district.
5. Description of proposed variance.
6. Site plan.
7. An objective narrative stating the reasoning for a variance and justification of the variance.
8. Certificate of ownership (see section 10-2-2 of this title for definition).
9. A list of all property owners and their mailing addresses within three hundred feet (300') of the external boundaries of the property or across a right-of-way from the external boundaries of the entire subject property, which must be provided by and certified to by a licensed title company doing business in Adams County, Idaho.
10. Application fees. (Ord. 313-08, 6-9-2008)
    

Following the acceptance of the complete variance application by the Administrator and prior to granting a variance, a public hearing shall be held to review the variance request.

1. Notice Of Hearing: At least fifteen (15) days prior to the date of the public hearing, the Administrator shall cause notice of time and place and a summary of the variance request to be published in the official newspaper or paper of general circulation within the City and its impact area. Notice by first class U.S. mail shall be sent to all property owners within three hundred feet (300') of the external boundaries of the subject property at least fifteen (15) days prior to the public hearing date. The Administrator shall cause notice to be posted upon the subject site not less than seven (7) days prior to the public hearing.
2. Commission Recommendation:
   1. Variance requests shall be heard by the Planning and Zoning Commission. The Planning and Zoning Commission shall consider the facts and circumstances of each variance application and shall make a recommendation based upon the following:
      1. That special conditions and circumstances exist that are peculiar to the land, structure or building involved and that are not applicable to other lands, structures or buildings in the same district.
      2. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
      3. That the hardship and/or unique circumstances do not result from actions or desires of the applicant.
      4. That granting the variance will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.
      5. The relief granted by the variance will not be detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvement.
   2. In recommending approval of any variance request, the commission may identify appropriate conditions to mitigate possible impacts such variance may have on surrounding property or utilities.
   3. Within fifteen (15) days following the public hearing, the commission shall forward its recommendation for approval, conditional approval, or denial to the Council or table the item for further review. The recommendation shall be in writing and shall specify:
      1. The standards used in evaluating the application.
      2. The reason(s) for the recommendation. (Ord. 313-08, 6-9-2008)
3. Council Action: At the next regularly scheduled Council meeting, the Council shall grant or deny the variance or delay a decision for up to thirty (30) days for further study or hearing. A hearing held by the Council is subject to the same notice requirements and hearing procedures for the commission's public hearing. All associated fees shall be assessed to the applicant. Denial of a variance permit or approval of a variance permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided by section 67-8003, Idaho Code, consistent with the requirements established thereby. (Ord. 313-08, 6-9-2008; amd. 2018 Code)
   

Unless a longer time is specifically established as a condition of approval, a variance approval shall be considered void twelve (12) months following the effective date of the approval by the Council if construction is not being diligently pursued toward completion. (Ord. 313-08, 6-9-2008)

Whenever the public necessity, convenience, general welfare or good zoning practices require, the Council may, by ordinance, after receipt of recommendation thereon from the commission and subject to procedures provided by Idaho Code section 67-6511, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property. (Ord. 313-08, 6-9-2008)

Amendments to this title may be initiated in one of the following ways:

1. By adoption of a motion by the commission;
2. By adoption of a motion by the City Council; and
3. By the filing of an application by a member of the public. (Ord. 313-08, 6-9-2008)
   

Applications for amendments to the Official Zoning Map adopted as part of this title shall be filed with the Administrator and contain at least the following information:

1. Name, address and phone number of the applicant and his representative;
2. Proposed amending ordinance, approved as to form by the City Council;
3. Present land use;
4. Present zoning district;
5. A vicinity map at a scale approved by the commission showing property lines, thoroughfares, existing and proposed zoning and such other items as the Administrator may require;
6. A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered which must be provided by and certified to by a licensed title company doing business in Adams County, Idaho;
7. A statement on how the proposed amendment relates to the Comprehensive Plan, availability of public facilities and compatibility with the surrounding area; and
8. A fee as established by the Council in accordance with this title. (Ord. 313-08, 6-9-2008)
   

This title shall be amended in the following manner:

1. Requests for an amendment to this title shall be submitted to the commission, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.
2. If the request is in accordance with the adopted Comprehensive Plan, the commission may recommend that the City Council adopt or reject the requested amendment under the notice and hearing procedures as herein provided; and
3. If the request is found to not be in accordance with the Comprehensive Plan, the commission shall recommend that the City Council reject the requested amendment.
4. Requests for an amendment to this title shall then be submitted to the Council, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.
5. If the request is in accordance with the adopted Comprehensive Plan, the City Council may adopt or reject the requested amendment under the notice and hearing procedures as herein provided; and
6. If the request is found to not be in accordance with the Comprehensive Plan, the Council shall reject the requested amendment. (Ord. 313-08, 6-9-2008)
   

This title shall be amended in the following manner:

1. Requests for an amendment to this title shall be submitted to the commission, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.
2. If the request is in accordance with the adopted Comprehensive Plan, the commission may recommend that the City Council adopt or reject the requested amendment under the notice and hearing procedures as herein provided; and
3. If the request is found to not be in accordance with the Comprehensive Plan, the commission shall recommend that the City Council reject the requested amendment.
4. Requests for an amendment to this title shall then be submitted to the Council, which shall evaluate the request at a public hearing to determine the extent and nature of the amendment requested.
5. If the request is in accordance with the adopted Comprehensive Plan, the City Council may adopt or reject the requested amendment under the notice and hearing procedures as herein provided; and
6. If the request is found to not be in accordance with the Comprehensive Plan, the Council shall reject the requested amendment. (Ord. 313-08, 6-9-2008)
   

1. The Council, prior to adopting, revising, or rejecting the amendment to this title as recommended by the commission shall conduct at least one public hearing using the same notice and hearing procedures as the commission. Following the City Council hearing, if the Council makes a material change from what was presented at the public hearing, further notice and hearing shall be provided before the Council adopts the amendment.
2. Upon granting or denying an application to amend this title, the Council shall specify:
   1. The ordinance and standards used in evaluating the application.
   2. The reasons for approval or denial. (Ord. 313-08, 6-9-2008)
3. A zoning amendment applicable to an owner's lands or approval of conditional rezoning or denial of a request for rezoning may be subject to the regulatory taking analysis provided by Idaho Code section 67-8003, consistent with the requirements establish thereby. (2018 Code)
   

No application for a reclassification of any property which has been denied by the Council shall be resubmitted in either substantially the same form or with reference to substantially the same premises for the same purposes within a period of one year from the date of such final action, unless there is an amendment in the Comprehensive Plan which resulted from a change in conditions as applying to the specific property under consideration. (Ord. 313-08, 6-9-2008)

Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the commission on the proposed Comprehensive Plan and zoning ordinance changes for the unincorporated area. The commission and the Council shall follow the notice and hearing procedures provided in Idaho Code section 67-6509. Concurrently or immediately following the adoption of an ordinance of annexation, the City Council shall, if necessary, amend the Comprehensive Plan and this title. (Ord. 313-08, 6-9-2008)

Unless otherwise provided, any person aggrieved or any officer or bureau of the legislative authority affected by any decision of the Administrator may, within the fourteen (14) days after the date of the Administrator's decision, file a notice of appeal with the Planning and Zoning Commission specifying the grounds upon which the appeal is being taken. (Ord. 313-08, 6-9-2008)

An appeal stays all proceedings in furtherance of the action taken unless such stay would cause imminent peril to life and property as determined by the Council. (Ord. 313-08, 6-9-2008)

1. The commission shall hold a de novo public hearing on appeals from decisions of the Administrator within the thirty (30) days following the date the notice of appeal was filed.
2. The commission shall publish a copy of the notice of appeal with the time, place and date of the hearing, in a newspaper of general circulation in the City, once, at least fifteen (15) days before the date of the public hearing.
3. The commission shall, within fifteen (15) days following the hearing, issue a written decision affirming, reversing or modifying the Administrator's decision. The written decision shall contain the reasons for such decision.
4. The commission's decision is final unless appealed to the Council. (Ord. 313-08, 6-9-2008)
   

1. Any person aggrieved or any officer or bureau of the legislative authority affected by any decision of the commission may within seven (7) days of the date of the commission's decision file a notice of appeal with the City Council specifying the grounds upon which the appeal is being taken.
2. The City Council shall hold a public hearing as soon as possible following the filing of the notice of appeal. The Council shall publish a copy of the notice of appeal in the same manner as outlined under subsection 10-3D-3B of this article.
3. The Council shall, within the fifteen (15) days following the hearing, issue a written decision affirming, reversing or modifying the Administrator's decision. The written decision shall contain the reasons for such decision.
4. Local Appeal Process Exhausted: All local appeal remedies are considered exhausted following a decision made by the Council at a properly noticed public hearing. A person denied a permit or aggrieved by a decision made by the Council following a public hearing before the Council may, within twenty eight (28) days following the date of the final decision, seek judicial review under the procedures provided by Idaho Code. (Ord. 313-08, 6-9-2008)
   

Any affected person may at any time prior to final action on rezone, conditional use, or variance, if no hearing has been held on the application, petition the commission or Council in writing to hold a public hearing as outlined by Idaho Code section 67-6512; provided, however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held. (Ord. 313-08, 6-9-2008)