A. Purpose: There is created a planning and zoning committee for the city. In fulfilling the powers and duties by law conferred upon the committee, the committee shall, among other things, bear in mind the following considerations:
1. The protection of property rights and property values.
2. Public facilities.
3. The effect on the economy of the city.
4. Environmental considerations.
5. Effects on prime agricultural, forestry and mining lands.
6. Organized and planned urban development within the city.
7. The avoidance of undue concentration of population and overcrowding of land.
8. Land development compatible with land characteristics.
9. The protection of life and property in areas subject to natural hazards and disasters.
10. The protection of fish, wildlife and recreational resources.
11. The avoidance of water and air pollution.
B. Membership: The committee shall consist of members of the Hansen city council and the mayor of the city of Hansen and two (2) additional members. The two (2) additional members shall serve on the committee who shall reside within the area of impact and shall be appointed to the committee by the Twin Falls County committee. All members of the committee shall be able to vote on all matters before the committee.
C. Terms:
1. Members shall serve in accordance with their terms as members of the Hansen city council and as the mayor of the city of Hansen. The two (2) additional members, as appointed by the Twin Falls County committee shall serve a term of three (3) years beginning regularly in January, with a maximum of two (2) consecutive terms, or six (6) years.
D. Organization And Meetings:
1. Upon organization, and thereafter at the first regular meeting of the year, the committee shall elect, by a majority of the full membership, a chairman and shall create and fill in a similar manner any other office that it may deem necessary.
2. The committee may establish subcommittees, advisory committees or neighborhood groups to advise and assist in carrying out the responsibilities of the committee. The committee may appoint nonvoting ex officio advisors as may be deemed necessary.
3. The chairman shall preside at all regular meetings of the committee which may be scheduled as necessary. The time and place of all meetings shall be posted at the Hansen City Hall and any other conspicuous place so as to give adequate notice of the meeting. In no event shall meetings be scheduled without at least three (3) weeks' notice to the public. All meetings and records shall be open to the public and a record of all meetings, hearings and resolutions, studies, findings, permits, recommendations, and actions shall be maintained by the committee.
E. Special Meetings:
1. Special meetings of the committee may be held at such times and at such places as agreed on by at least four (4) members at a regularly scheduled public meeting. Written notice of all such special meetings, including the time, date and purpose of such meetings shall be provided to all members of the committee, including the alternate members; provided, that written notice of such special meeting may be waived by members at the special meeting, duly entered and registered in the minutes of such meeting.
2. No business may be conducted at any such special meeting upon any application or request of any citizen except and unless notice of the request and of the special meeting has been published as required by law.
F. Meetings Conducted In Orderly Fashion: All regular and special meetings of the committee shall be conducted by the chairman in an orderly fashion.
G. Vacancies And Removals:
1. Vacancies occurring otherwise than through the expiration of appointed terms shall be filled in the same manner as the original appointments. A member appointed to fill an unexpired term shall serve the remainder of the unexpired term and may be appointed to one additional full term.
2. Members may be removed for cause only by a majority vote of the full council.
H. Conflict Of Interest: A member of the committee shall not participate in any proceedings or action when the member, his employer or his employee, business partner or associate, his business, or any person related to him by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any action or potential interest in any proceedings shall be disclosed at or before any meeting, duly entered and recorded in the minutes, at which the action is being heard or considered.
I. Duties: Consistent with the purpose of the committee set forth in subsection A of this section, the committee shall have the following duties, together with such other duties as prescribed by law:
1. Initiate proposed amendments to this chapter, section 1-6-1, and title 10 of this code.
2. Review all proposed amendments to this chapter, section 1-6-1, and title 10 of this code.
3. Conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan as required by law.
4. Review all districts, subdistricts and overlay districts and make recommendations to the council.
5. Grant special use permits as specified in title 10 of this code, and under the conditions as therein specified with such additional safeguards as will uphold the intent of this chapter, section 1-6-1, and title 10 of this code.
6. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator.
7. Authorize such variances from the terms of this chapter, section 1-6-1, and title 10 of this code, as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of those provisions will result in unnecessary hardship, and so that the spirit of this chapter, section 1-6-1, and title 10 of this code is observed and substantial justice done.
J. Duties Of Alternate Member:
1. The alternate member to the committee shall attend all meetings of the committee, including both regular and special meetings, and shall actively participate in all discussions had on any matter before the committee. The alternate member shall not vote on any matter except as provided in subsection J2 of this section.
2. The committee alternate shall have full voting privileges whenever a regular member is absent, unable to act due to a conflict of interest, and whenever a vacancy occurs on the committee for any reason. The alternate member shall so act, with full voting privileges, until the disability of the regular committee member has been removed.
K. Public Hearings:
1. The chairman shall preside over and conduct all public hearings on all matters presented to the committee. No public hearings shall be held except and until notice has been provided to the public in conformance with the statutes of the state made and provided in such case. At such public hearings, the chairman shall present the matter for discussion and may, before the hearing commences, impose a time limit upon each individual who desires to comment.
2. At the close of all the public hearings, the committee shall discuss and decide, as provided in subsection L of this section, the matter at issue and shall commit its decision of recommendation to the council in writing and the reasons therefor. If the application is denied, a roll call vote shall be taken on all issues and recorded in the minutes.
L. Quorum:
1. A majority of membership shall constitute a quorum for the transaction of business at any meeting of the committee. In constituting a quorum, the alternate member shall not be counted unless the alternate member is sitting with full privileges as provided in subsection J of this section.
2. In the event more than one regular member is absent or not sitting due to a conflict of interest, said member shall not be counted for the purposes of constituting a quorum.
3. Each member shall be entitled to one vote and the acts of a majority of a quorum present at any regular or special meeting shall be the acts of the committee.
M. Decisions Final: All decisions of the committee on issues not requiring the passing of an ordinance shall be final if not appealed to the city council within thirty (30) days.
N. Amendment Procedure: The bylaws set forth in this section may and shall be amended in the same manner as provided in section 10-1-10 of this code. (Ord. 132-A, 4-13-2015)