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Payette County Unincorporated
City Zoning Code

CHAPTER 3

ADMINISTRATION

8-3-1: OFFICIALS ESTABLISHED:

For the purpose of carrying out the provisions of this title, the administrator and planning and zoning commission are hereby created. (Ord. 57, 4-18-1988)

8-3-2: ADMINISTRATOR:

   A.   Appointment: The board of county commissioners shall appoint a planning and zoning administrator to administer this title. The administrator may be provided with the assistance of such other persons as the board of county commissioners may direct.
   B.   Duties: For the purpose of this title, the planning and zoning administrator shall have the following duties:
      1.   Advise interested persons of the zoning title provisions;
      2.   Notify the news media regarding matters of public interest;
      3.   Aid applicants in the preparation of required applications; (Ord. 57, 4-18-1988)
      4.   Issue notifications, stop work orders and such similar administrative duties, subject to the veto powers of the board of county commissioners; (Ord. 57, 4-18-1988; amd. Ord. 2009-03, 6-15-2009)
      5.   Investigate all violations of this title and notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation;
      6.   Follow all lawful directives of the planning and zoning commission or board of county commissioners in filing suits on behalf of the county to ensure compliance with the provisions of this title;
      7.   Inform the board of county commissioners of all actions taken on a weekly basis and the planning and zoning commission on a monthly basis. (Ord. 57, 4-18-1988)

8-3-3: PLANNING AND ZONING COMMISSION:

   A.   Membership:
      1.   Appointment: A planning and zoning commission consisting of seven (7) to twelve (12) voting members, all appointed by the chairman of the board of county commissioners and confirmed by majority vote of the board of county commissioners is hereby created. All presently existing commission members are confirmed in their positions for the remainder of their existing terms.
      2.   Residency Requirement: An appointed member of the planning and zoning commission must have resided in the county for two (2) years prior to their appointment, and must remain a resident of the county during their service on the commission. Not more than one-third (1/3) of the members of any commission appointed by the chairman of the board of county commissioners may reside within an incorporated city in the county.
      3.   Term Of Office: The term of office for members shall be appointed on a six (6) year term by the board of county commissioners. No person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the governing body adopted by motion and recorded in the minutes.
      4.   Vacancies: Vacancies occurring through death, resignation, or three (3) consecutive unexcused absences shall be filled in the same manner as the original appointment.
      5.   Removal From Office: Members may be removed for cause by a majority vote of the board of county commissioners.
      6.   Political Affiliation: Members shall be selected without respect to political affiliation.
      7.   Compensation: Members may receive such mileage and per diem compensation as provided by the board of county commissioners.
   B.   Organization:
      1.   Officers: The planning and zoning commission shall elect a chairman and create and fill any other office that it may deem necessary.
      2.   Quorum: A majority of the appointed members of the planning and zoning commission can conduct business at any regularly scheduled or specially called meeting.
      3.   Subcommittees: The planning and zoning commission may establish subcommittees, advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out its responsibilities.
      4.   Ex Officio Advisors: The planning and zoning commission may appoint nonvoting ex officio advisors as may be deemed necessary.
   C.   Rules, Records And Meetings:
      1.   Written Rules: Written organization papers or bylaws consistent with this title and other laws of the state for the transaction of business of the planning and zoning commission shall be adopted.
      2.   Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. All records shall be open to the public.
      3.   Meetings: All meetings 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.
      4.   Quorum: A majority of the appointed members of the planning and zoning commission shall constitute a quorum.
   D.   Expenditures And Staff: With approval of the board of county commissioners, the planning and zoning 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 board. Within such limits, the commission is authorized to hire employees and technical advisors, including, but not limited to, planners, engineers, architects and legal assistants. (Ord. 2009-03, 6-15-2009)

8-3-4: DUTIES OF PLANNING AND ZONING COMMISSION:

For the purpose of this title, the planning and zoning commission will have the authority to:
   A.   Initiate proposed amendments to this title and conduct a review of the complete zoning ordinance as required by Idaho Code;
   B.   Review all proposed amendments to this title and make recommendations to the board;
   C.   Review all planned unit developments and make recommendations to the board of county commissioners;
   D.   Where appropriate, to grant conditional use permits and variances as specified in chapter 9 of this title under the conditions as hereinafter 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 planning and zoning administrator;
   F.   Appeal from adverse decisions of the planning and zoning administrator. (Ord. 57, 4-18-1988)

8-3-5: CONFLICT OF INTEREST:

The board of county commissioners creating the planning and zoning commission shall provide that the area and interests within its jurisdiction are broadly represented on the commission. A member or employee of the board 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 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 and punishable as provided herein. (Ord. 57, 4-18-1988)

8-3-6: BOARD OF COUNTY COMMISSIONERS MAY ACT AS PLANNING AND ZONING COMMISSION:

In any month in which the planning and zoning commission does not meet or cannot transact business because a quorum does not appear at the regularly scheduled meeting, the board of county commissioners sitting en banc may act as the planning and zoning commission and transact any business which was scheduled to be acted upon by the planning and zoning commission. (Ord. 57, 4-18-1988)