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Newdale City Zoning Code

CHAPTER II

PLANNING AND ZONING COMMISSION-ZONING ADMINISTRATOR

  1. What This Chapter Does. This chapter establishes a city planning and zoning commission and provides for appointment of a zoning administrator.
  2. Planning and Zoning Commission. A planning and zoning commission is established, as authorized by I.C. 67-6504.
    1. The commission shall consist of seven members appointed by the mayor and city council. At least one member of the commission shall be a resident of the area of city impact.
    2. As required by I.C. 67-6504(a), all commission members shall have resided in Fremont County or Madison County, Idaho for at least two years prior to their appointment.
    3. Commission members shall serve terms of three years, except those members initially appointed, who shall serve terms, as set by lottery, of one, two, or three years, in order to provide for the annual appointment of at least one member.
  3. Duties of the Commission. The commission shall, as required by I.C. 67-6508, "conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan" for the city. The commission shall exercise all powers granted it by the Local Planning Act and perform all duties required by this ordinance, including:
    1. reviewing referrals from the administrator, as provided in Chapter III. Sec H.7.;
    2. reviewing sketch plans and applications for Class II permits, as provided in Chapter III. Sec L;
    3. hearing appeals from decisions of the administrator, using the procedure provided in Chapter III. Sec N.;
    4. reviewing applications for variances, as provided in Chapter III. Sec O.; and
    5. reviewing proposed amendments; as provided in Chapter III. Sec AA.
  4. Zoning Administrator. The mayor and council may appoint an administrator, who shall perform the following duties:
    1. assist members of the public in understanding the applicability and requirements of this ordinance;
    2. review applications for permits required by this ordinance, accepting only complete applications, as required by Chapter III. Sec E.;
    3. review applications for Class I permits for compliance with this ordinance and approve or disapprove such applications as required by its provisions;
    4. arrange for the professional review of applications for Class II permits, as provided by Chapter III. Sec I.4.;
    5. issue certificates of compliance, based on site inspections, and enforce the provisions of development agreements;
    6. investigate possible violations of this ordinance;
    7. properly account for all fees collected in the administration of this ordinance and prepare monthly and annual reports of development activity in the city;
    8. perform all other duties assigned by this ordinance and assist the commission in the execution of its duties.
  5. Duties of the Council. The city council shall perform all duties assigned to it by this ordinance, including:
    1. appointment of the commission and administrator, as provided in this chapter;
    2. hearings appeals from decisions of the commission using the appeals procedure of Chapter III. Sec N.; and
    3. acting on proposed amendments, as provided in Chapter III. Sec AA.
  6. Liability. No individual, including the mayor, council or commission members, the administrator, or other city employees, who acts in good faith and without malice in the performance of duties assigned by this ordinance, shall be held liable for errors or omissions in its administration. A suit brought against such an individual shall be defended by the city and any judgment resulting from such a suit shall be the liability of the city.