PENDING ORDINANCES

ORDINANCE NO. 526

AN ORDINANCE OF THE CITY OF COUNCIL, ADAMS COUNTY, IDAHO AMENDING ORDINANCE #355B IN REGARD TO THE AIRPORT COMMISSION; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council has determined it is in the best interests of the City to amend Ordinance #355B in regard to the Airport Commission to ensure the Airport Commission’s action comply with Idaho law.

IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF COUNCIL, IDAHO, THAT ORDINANCE #355B IS AMENDED AS FOLLOWS:

SECTION VII: PERMITS

3.   Nonconforming Uses Abandoned or Destroyed - Whenever the Airport Commission City Council determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

4.   Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Ordinance, may apply to the City Council Airport Commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Ordinance. A completed application for a variance will be forwarded to the Airport Commission for review and a recommendation before it is heard by the City Council.  Additionally, no application for variance to the requirements of this Ordinance may be considered by the Airport Commission unless a copy of the application has been furnished to the Chairman of the Commission for advice as to the aeronautical effects of the variance. If the Chairman of the Commission does not respond to the application within 15 days after receipt, the Airport Commission may act on its own to grant or deny said application.

SECTION VIII: ADMINISTRATION / ENFORCEMENT

There is hereby created an Airport Commission. The Commission shall consist of three members appointed by the City Council and each shall serve for a term of three years until a successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Members shall be removable by the City Council for cause upon written charges after a public hearing. The City Council will enforce this ordinance.

It shall be the duty of the Airport Commission to administer the regulations prescribed herein. Applications for permits, variances, and special exceptions as governed by this Ordinance shall be upon a form published for that purpose and made to the City Clerk Chairman of the Airport Commission for transmission to the City Council other Commissioners. Said applications shall be promptly considered and approved or denied. Approval or denial shall be by at least a majority of the Airport Commission.

The Airport Commission shall also review proposals and plans for airport space leases and proposals for the use of airport space. The Airport Commission will furnish recommendations to the City Council for their consideration.

2.   The Airport Commission shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this Ordinance.

      SECTION IX: BOARD OF ADJUSTMENT / APPEALS

l . Any person aggrieved, or any taxpayer affected, by any decision of the Airport Commission, made in the administration •of the Ordinance, may appeal to the City Council. The City Council may ask the Airport Commission to act in an advisory nature to the Council in considering an appeal.

2.   All appeals hereunder must be taken within a reasonable time as provided by the rules of the Airport Commission, by filing with the City Council, a notice of appeal specifying the ground thereof.

3.   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Airport Commission, certifies to the City Council, after notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the Airport Commission cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the City Council, and on due cause shown.

4.   The City Council shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

5.   The City Council may, in conformity with the provisions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.

   Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication.

APPROVED by the Mayor and City Council this 9 th day of May, 2023.

                        CITY OF COUNCIL

                        Adams County, Idaho

                        ________________________

                        Mayor Bruce Gardner

ATTEST:

_____________________

City Clerk