This chapter requires a permit for all land development and building activity in the city and establishes procedures for the administration of this title. (Ord. 2000-02, 3-3-2000)

Any decision of the administrator or commission may be appealed using the procedure described herein. Appeals from decisions of the administrator are heard by the commission. Appeals from decisions of the commission are heard by the council.

1. The appellant shall file a properly completed notice of appeal, the required supporting materials and the required appeal fee with the administrator. If a notice of appeal alleges that the decision of the administrator or commission constitutes a taking of property without just compensation, the administrator shall direct the appeal to the county attorney.
2. The county attorney shall review the allegation that a decision of the administrator or commission constitutes a taking of property without just compensation. This review shall be based on the Idaho attorney general's checklist, in TCC 9.54.020, and other information the county attorney deems relevant, including the property rights policy of the plan.
3. The administrator shall place a hearing on the appeal on the agenda of the next regular commission or council meeting for which the attorney's review (if relevant) and notice requirements can be met, and at which time will permit its proper consideration. Notice requirements for an appeal shall be the same as for the original permit application.
4. The commission or council shall conduct a hearing on the appeal following the procedure established in TCC 9.08.040. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.
5. The commission or council shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify, or overturn that decision accordingly. Where a taking of property without just compensation is alleged, the commission or council shall also consider the county attorney's review of the decision, as provided in Paragraph B of this section.
6. The administrator shall notify the appellant and interested parties of the commission's or council's decision within ten (10) days. (Ord. 2000-02, 3-3-2000)
   

Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this title is strictly enforced. Applications for variances shall follow the procedure described herein. Applications for variances may be combined and processed simultaneously with the applications for class II permits.

1. File Application: The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. Schedule Of Hearing; Notice: The administrator shall place a hearing on the variance on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for a variance shall be the same as for a class II permit, and class II permit and variance hearings may be combined where appropriate. Where such a combination is made, the hearing notice shall specifically describe the proposed variance, including a citation of the sections of this title from which a variance is requested .
3. Conduct Of Hearing: The commission shall conduct a hearing on the proposed variance following the procedure established in TCC 9.08.040 Paragraph A. No application for a variance shall be reviewed if the developer or a representative is not present.
4. Findings For Approval: The commission shall approve a variance only upon finding that:
   1. The need for a variance results from physical limitations unique to the lot or parcel on which the variance is requested;
   2. Failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot or parcel is possible without a variance;
   3. The alleged hardship has not been created by action of the owner or occupants;
   4. Approval of the variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, or have an adverse effect on the implementation of the comprehensive plan; and
   5. The variance approved is the minimum relief from the requirements of this title necessary to permit a reasonable conforming use.
   6. Additional findings are required for variances in the floodplain overlay zoning district. See TCC 9.20.
   7. Conditions may be attached to the approval of any variance, as provided in TCC 9.10.100.
5. Notice Of Decision: The administrator shall notify the developer and interested parties of the commission's decision within ten (10) days.
6. Appeal Commission's Decision: The commission's decision may be appealed to the council using the appeals procedure of TCC 9.08.020. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their own risk during this appeal period. (Ord. 2000-02, 3-3-2000)

1. Procedure: This procedure shall be followed in all hearings before the commission or council.
   1. The presiding officer shall announce the purpose and subject of the hearing.
   2. The presiding officer shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be rescheduled.
   3. The presiding officer shall ask if any commission/council member wishes to declare a conflict of interest, as defined by I.C. § 67-6506, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.
   4. The presiding officer shall ask the administrator to present a report on the proposal being considered.
   5. The presiding officer shall direct questions from commission/ council members to the administrator. Questions asked at this time shall be solely for the purpose of clarifying the location and nature of the proposed development.
   6. The presiding officer shall remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this title.
   7. The presiding officer shall ask for a statement from the developer or his or her representative. Commission/council members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.
   8. Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. Commission/ council members may ask questions following any statement. All questions and replies shall be directed through the presiding officer.
   9. When all statements have been given, the presiding officer shall ask if any person who gave a statement wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from commission/council members may follow each rebuttal or clarification.
   10. The presiding officer shall close the public hearing and call for discussion by the commission/council, resulting in action, as provided by this title.
   11. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the city. Supporting materials shall be left with the administrator after each statement is made.
2. Additional Hearing Procedures: These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.
   1. The commission/council may impose time limits on the statements given in order to assure completion of its agenda.
   2. The commission/council may require persons who wish to make a statement to register their intention to do so with the administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.
3. Hearings To Be Taped: As required by I.C. § 67-6536, the administrator shall keep a transcribable tape record of all hearings on file for at least six (6) months after the final hearing, including appeals hearings, on the development.
4. Decision Record: All decisions of the commission and council shall be reported in the form of findings of fact and conclusions of law, as required by I.C. § 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the administrator, and a performance standards checklist. The administrator's report shall be presented in a form that can serve as a basis for the commission's findings of fact. The completed performance standards checklist shall be considered to constitute the conclusions of law.
5. Decision Deadline: This section establishes the "reasonable time" for deliberation on applications by the commission required by I.C. § 67-6519. The commission shall make a decision on any application for a permit within sixty (60) days of the hearing, if a hearing is required by this title, or within sixty (60) days of the meeting at which the application first appeared on the commission agenda. Note that submission of an incomplete application requires no action by the commission and that applications for which a large scale development study is required are not complete and subject to action within the deadline established herein until that study is complete.
6. Failure To Obtain Permit: Whenever the administrator becomes aware of an activity for which a permit is required by this title, but for which a permit has not been approved, he or she shall notify the occupant (and owner, if they are not the same) to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If the unpermitted activity does not cease, the administrator shall ask the prosecuting attorney to take immediate action, as authorized by I.C. § 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition at the developer's expense. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this title. (Ord. 2000-02, 3-3-2000)
   

1. Certificate Required; Issuance: A certificate of compliance shall be issued before any land division is offered for sale, lease, or occupancy, sold, leased, or occupied; or, before any development is occupied. A certificate of compliance indicates that an on site inspection has shown that the development complies with this title, including any conditions imposed upon its approval. Occupancy of a development without a certificate of compliance shall be a violation of this title. Issuance of a certificate of compliance shall not be construed as approval of any violation of this title that may have been undiscovered during the inspection.
2. Temporary Certificate Of Compliance: A temporary certificate of compliance may be issued to permit temporary use of a structure in cases where weather prevents the prompt completion of such required improvements as landscaping. No temporary certificate of City of Teton compliance shall be issued for more than one hundred eighty (180) days. (Ord. 2000-02, 3-3-2000)
   

Any person may petition for the amendment of the comprehensive plan or this title. The amendment procedure shall be as described herein and in I.C. § 67-6509 or 67-6511, respectively.

1. The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
2. The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice requirements for an amendment shall be as set by I.C. § 67-6509 or 67-6511 (b). The administrator shall notify the county of all proposed amendments that may affect the area of city impact.
3. The administrator may contract with a planner for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
4. The commission shall conduct a hearing on the proposed amendment following the procedure established in TCC 9.08.040 Paragraph A. No application for an amendment shall be reviewed if the developer or a representative is not present.
5. In the case of proposed plan amendments, the commission shall determine whether the proposed amendment is consistent with the public interest, and recommend that the council approve or disapprove it accordingly. In the case of proposed ordinance amendments, the commission shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the council approve or disapprove it accordingly.
6. The administrator shall convey the commission's recommendation to the council and, unless the application is withdrawn, place a hearing on the application on the agenda of the next regular council meeting for which the notice requirements can be met and at which time will allow its proper consideration. Notice shall be provided in the same manner as for the hearing before the commission.
7. The mayor and council shall determine whether the proposed amendment is in compliance with all conditions imposed upon approval of the amendment, the comprehensive plan, and this title. If it finds that it complies, it shall approve the proposed amendment. If it finds that it fails to comply, it shall disapprove this change. Conditions may be attached to approval of an amendment.
8. The administrator shall notify the developer and interested parties of the council's decision within ten (10) days. No amendment to this title shall become effective until that amendment has been adopted as an ordinance and published as required by law. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)
   

All annexations require an amendment of the official zoning map adopted in TCC 9.12. Applications for annexation shall be accompanied by an application for an amendment, which must be reviewed and approved as provided in TCC 9.08.060 before the annexation is complete. (Ord. 2000-02, 3-3-2000)

Vacation of any plat, or any portion of a plat, may be proposed, following the procedure provided herein and in I.C. § 50-1306A. The county may take no action on a proposed vacation within one mile of the city until the vacation has been approved by the city.

1. A petition for vacation and the required fee shall be filed with the administrator, who shall place consideration of that petition on the agenda of the next regular commission meeting at which time will permit its proper review.
2. The commission shall review the proposed vacation and recommend that the vacation either be accepted or denied by the council.
3. The administrator shall notify the council and the petitioner of the commission's recommendation within ten (10) days, and, unless the petitioner withdraws the petition, place a hearing on the proposed plat vacation on the agenda of the next regular council meeting for which the notice requirements of Paragraph D of this section can be met, and at which time will permit its proper review.
4. Notice of the hearing shall be provided, as follows:
   1. By certified mail: To all owners of property within, and within three hundred feet (300') of, the boundaries of the plat proposed to be vacated, at least ten (10) days before the hearing; and
   2. By newspaper publication: Two (2) successive legal notices in the official newspaper, with the final newspaper notice appearing at least seven (7) days prior to the hearing.
5. The council shall conduct a hearing on the proposed plat vacation following the procedure established in TCC 9.08.040 Paragraph A. No petition shall be reviewed if the petitioner or a representative is not present.
6. The council shall accept or reject the petition for vacation, with acceptance based on findings that:
   1. The vacation will not eliminate safe road access to any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat;
   2. The vacation will not eliminate easements or rights of way used for utilities serving any lot or parcel that is in separate ownership and was formerly included in, or is adjacent to, the plat; and
   3. All owners of property interests within the plat proposed to be vacated have consented, in writing, to the vacation.
7. The administrator shall notify the petitioner and interested parties of the council's decision within ten (10) days. (Ord. 2000-02, 3-3-2000)
   

The process for enforcement of these regulations shall be as described herein:

1. The administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the section(s) of this title being violated, and order the occupant to attain compliance within thirty (30) days.
2. Any person who receives a notice of violation may request inspection by the administrator to show that compliance has been attained within the thirty (30) days allowed, or
   1. File a written request with the administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of sixty (60) days and culminated by an inspection to show that compliance has been attained; or
   2. File an appeal of the administrator's notice, following the appeals procedure of TCC 9.08.020.
3. The administrator shall ask the prosecuting attorney to commence legal action, as authorized by I.C. § 67-6527, against any occupant or owner who fails to attain compliance within the specified time, or to show, on appeal, that a violation has not occurred. (Ord. 2000-02, 3-3-2000)
   

The enforcement procedure provided herein may be accelerated where the administrator finds that public health and safety could be endangered by a violation. In such cases, the administrator shall ask the prosecuting attorney to take immediate action to end the danger to public health and safety. (Ord. 2000-02, 3-3-2000)

Violations of this title shall be a misdemeanor, punishable as provided in TCC 1.16.010. Each day in which a violation continues shall be considered a separate offense. (Ord. 2000-02, 3-3-2000; amd. 2011 Code)