(1) Authority: This chapter is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code, and article 12, section 2 of the Idaho constitution, as amended or subsequently codified.
(2) Purpose: The purpose of this chapter shall be to:
A. Promote the interest of health, safety and general welfare.
B. Protect property rights and enhance property values.
C. Ensure that adequate public facilities and services are provided to the people at a reasonable cost.
D. Ensure that the economy of the state and localities is protected and enhanced.
E. Ensure that the important environmental features of the state and localities are protected and enhanced.
F. Encourage the protection of prime agricultural, forestry and mining lands for production of food, fiber and minerals.
G. Encourage urban and urban type development within incorporated cities.
H. Avoid undue concentration of population and overcrowding of land.
I. Ensure that the development on land is commensurate with the physical characteristics of the land.
J. Protect life and property in areas subject to natural hazards and disasters.
K. Secure safety from fire and provide adequate open spaces for light and air.
L. Protect fish, wildlife and recreation resources.
M. Avoid undue water and air pollution.
N. Allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis.
O. Promote implementation of the comprehensive plan.
P. Stabilize expectations regarding the future development of the city, thereby providing a basis for wise decisions with respect to such development.
(3) Duties Of The Commission: For the purpose of this chapter, the commission shall have the following duties:
A. Initiate proposed amendments to this chapter and conduct appropriate reviews of this complete chapter.
B. Review proposed amendments to this chapter and make recommendations to the council.
C. Review planned unit developments that are part of a preliminary plat, preliminary plat requests, comprehensive plan changes, comprehensive plan map changes, annexation and rezone requests and make recommendations to the council.
D. Grant special use permits and planned unit development requests, when said planned unit development requests are not part of a preliminary plat, as specified, with such additional safeguards as will uphold the intent of this chapter. Planned unit development requests as part of a preliminary plat request are reviewed by the commission in conjunction with the preliminary plat request and a recommendation to the Council is made by the commission for planned unit development/preliminary plat request.
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 Director.
F. Grant such variances from the terms of this chapter that will not conflict with the public interest, be materially detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent property owners.
G. Review annexation requests and make recommendations to the council.
H. A hearing examiner may be appointed by the City Council. Pursuant to Idaho Code section 67-6520, the hearing examiner shall have the same authority as the Planning and Zoning Commission to hear requests for special use permits, variances, subdivision plats, planned unit developments, and rezones. The hearing examiner shall be a planner, engineer, architect, or other professionally trained person and shall have significant experience in the field of planning and zoning. The hearing examiner may be dismissed by a majority vote of the City Council.
I. The City Council may elect at any time they deem necessary, to suspend the authority and duties of the Planning and Zoning Commission or hearing examiner, or act in full authority and exercise all of the powers required and authorized by Title 67, Idaho Code, Chapter 65 in place of the Planning and Zoning Commission or hearing examiner.
(4) Duties Of The Planning And Zoning Director: The Council shall appoint a Planning and Zoning Director who shall be responsible for enforcing and administering this chapter. The Planning and Zoning Director may be provided with the assistance of such other persons as the Council may direct. For the purpose of this chapter, the Planning and Zoning Director shall have the following duties:
A. Interpret and administer this chapter. The Director shall have the authority to order, in writing, the remedy of any condition found to be in violation of this chapter or of any permit approved under the provisions of this chapter. Any person aggrieved by a decision made by the Director in interpreting or enforcing this chapter may appeal such decision to City Council. Such appeal shall be heard following the public hearing requirements set forth in subsection 10-03-03(2) of this article.
B. Assist the public and advise interested persons of zoning provisions.
C. Notify the news media regarding matters of public interest.
D. Aid applicants in the preparation and expedition of required applications.
E. Grant variances, as an administrative determination, of up to twenty percent (20%) from any numerical standard of the following requirements: structure height, front yard setback, rear yard setback, interior yard side setback, street side yard setback, lot size, frontage requirement, and/or parking space.
1. At least fifteen (15) calendar days prior to rendering a decision to grant or deny an administrative determination, notice shall be mailed to the applicant and to property owners or purchasers of record adjoining the subject property.
2. Within five (5) calendar days of the date of decision the Planning and Zoning Director shall mail notice of the decision granting or denying the application to those previously notified of the pending application.
F. Assist the commission and Council in carrying out the provisions of this chapter. (Ord. 1451, 12-13-1977; Ord. 2023, 2-22-1994; Ord. 3449, 9-15-2022, eff. 10-1-2022)