The position of planning and zoning administrator and/or building official, hereafter referred to as "administrator", is hereby created in order to carry out the provisions of this title. The board may, in its discretion, employ a planning and zoning administrator and/or building official or may assign the responsibility of carrying out the duties of this title to another employee or officer; provided, that if a planning and zoning administrator and/or building official is appointed, he shall be qualified as an administrator and shall have a knowledge of construction practices. The board shall supervise the planning and zoning administrator and/or building official and shall determine his salary or compensation. (Ord. 51, 9-2-2003)

   A.   Jurisdiction; Restrictions:

      1.   The commission shall act as an appeals commission for the enforcement and regulation of the provisions of this title and shall have the following powers:

         a.   To hear and decide appeals from and review any order, requirement, decision or determination made by the administrator or building official in the enforcement of this title.

         b.   To hear all petitions for change of zoning or for variation of this title, or for the provisions hereof, and applications for special use permits and shall submit its recommendations, based upon findings of fact, to the board.

      2.   The commission shall further have the powers and duties as follows:

         a.   To recommend to the board, from time to time, such changes in the comprehensive plan, or any part thereof, as may be deemed necessary.

         b.   To prepare and recommend to the board, from time to time, plans and/or recommendations for specific improvement pursuant to the comprehensive plan.

         c.   To cooperate with municipal, other county or regional planning commissions and other agencies or groups to further the local planning program and to assure harmonious and integrated planning for the area.

         d.   To carry out the duties accorded to it by the land subdivision control provisions of the county 2 .

      3.   The commission shall have no authority to authorize any special use, amendment or variance of this title.

   B.   Quorum: A quorum of a majority of the appointed members of the commission must be present to hold a lawful meeting. The concurring vote of the majority of the members at such meeting shall be necessary to recommend any special use, variance or change of zoning or to reverse any order, requirement or decision of the administrator or building official.

   C.   Failure To Act: In the event that a majority of a quorum of the members of the commission at a lawful meeting held for the purpose of action on an appeal, amendment, rezone, variance or special use permit does not recommend passage of said appeal, amendment, rezone, variance or special use permit within forty five (45) days after such meeting, then it shall be deemed that the commission recommends denial to the board.

   D.   Conflict Of Interest: A member or employee of the board or commission shall not participate in any proceeding or action when the member 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 subsection shall constitute a misdemeanor. Any member with a conflict of interest will not take part in the proceedings or deliberations. However, a member choosing not to participate does not affect the quorum. (Ord. 51, 9-2-2003)

   A.   Appeals And Review: Any person aggrieved by a ruling of the administrator or building official, respecting the interpretation of this title, or any officer, department, board or bureau of the county affected by a ruling of the administrator or building official concerning the interpretation of this title may take an appeal to the commission in the following manner:

      1.   Such appellant shall, within fifteen (15) days after the administrator and/or building official's decision, file a written notice of appeal both with the administrator or building official and the secretary of the commission together with a filing fee as set by the board. The administrator or building official shall forthwith transmit to the commission all papers constituting the record upon which his action was taken.

      2.   The secretary of the commission, upon receipt of any notice of appeal, shall place on the agenda of the next meeting more than eight (8) days after receipt of such notice of appeal, and give written notice of such hearing to the appellant, the administrator or building official, and to any other department of the county which might be affected by the appeal.

   B.   Stay Of Proceedings; Hearing:

      1.   The appeal shall stay all proceedings and furtherance of the action appealed from, unless the administrator or building official shall certify to the commission, after notice of appeal has been filed, that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed other than by a restraining order granted by the commission or by a court of competent jurisdiction, with notice to the administrator or building official and all due cause shown.

      2.   The commission shall hear and decide the appeal within a reasonable time but in no event more than forty five (45) days after its final adjournment of the hearing. At the hearing, parties in interest may appear in person or by agent or attorney and testify and offer evidence relevant and material to the issue.

      3.   The commission may reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination as to its option, and to that end shall have all the powers of the administrator or building official. (Ord. 51, 9-2-2003)

The board may, from time to time, by duly enacted ordinance, amend, supplement, change or vary this title. However, no such amending ordinance shall be passed except in the following manner:

   A.   The person or party so desiring such amendment, variance or change shall file a petition in the form provided by the county, directed to the commission, together with a filing fee as established by resolution of the board, not less than fourteen (14) days prior to a regular meeting of the commission. The administrator shall immediately forward appropriate copies of the petition to any officer or administrative department affected by said petition.

   B.   The administrator shall fix a time for hearing on the petition. Notice shall be given of the time and place of such hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing the notice thereof in one or more newspapers published in the county as required by Idaho Code 1 .

   C.   The commission shall hear the petition and evidence related thereto and make its recommendations to the board within a reasonable time, but in no event more than forty five (45) days after its final adjournment of the hearing. At the hearing, parties in interest may appear in person or by agent or attorney and testify and offer evidence relevant and material to the petition.

   D.   The commission shall consider variances to the terms of this title which will not be contrary to the public interest or comprehensive plan, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance, the commission shall make full investigation and shall only recommend granting a variance upon finding that the following are true:

      1.   The granting of the variance will not be in conflict with the spirit and intent of the comprehensive plan for the county and will not effect a change in zoning;

      2.   There are exceptional or extraordinary circumstances or conditions applicable to the property involved causing undue hardship which, so that a denial of the relief sought, will result in:

         a.   Undue loss in value of the property.

         b.   Inability to preserve the property rights of the owner.

         c.   Such hardship shall be proven by the owner.

      3.   The granting of such relief will not be materially 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 improvements.

      4.   The reason for a variance was not caused by the owner's or previous owner's actions.

No variation or amendment shall be allowed to permit a nonconforming use which will materially interfere with use of the adjoining property in that the reason for a variance was not caused by the owner's or previous owner's actions.

   E.   The variance shall be in conformance with the regulations applicable to the use zone in which it is located.

   F.   Any variance granted pursuant to the terms of this section must be fully implemented within one year (365 days) of the granting of said variance, or said variance shall cease and no longer be considered granted by the board. (Ord. 51, 9-2-2003)

   A.   It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any provisions of this title, or any amendment hereto. Any person, either an owner, lessee, occupant or otherwise, who violates any of the provisions of this title, or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this title, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00) or imprisoned not more than ten (10) days or both. Each day during which such violation shall continue shall be deemed to be a separate offense.

   B.   If any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, maintained or used or any land is proposed to be used in violation of any provision of this title, the board, the prosecuting attorney or any owner of real estate within the zone may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful construction, reconstruction, alteration, maintenance or use. (Ord. 51, 9-2-2003)

Mediation of planning and zoning issues may be provided in accordance with Idaho Code section 67-6510. (Ord. 51, 9-2-2003)