The board of county commissioners and city of Hauser hereby authorize adoption of additional permit procedures incorporated by reference herein:
A. Permit Procedures: All development proposals that require a class II permit, as defined in the Hauser development code, shall first be submitted to the code administrator for the city for review in accordance to the procedures established in subsection 8-10-3B of this code, with exceptions related to the composition and appointment of planning commission members and appeal procedures specified herein. All required application submittals made to the city will be forwarded to the county by the city code administrator within three (3) days of acceptance by the city.
B. Planning And Zoning Commission: For proposals within the Hauser area of city impact, the planning commission shall consist of seven (7) members, hereinafter referred to as "joint commission". One-third (1/3) of the commission shall reside within city limits; three (3) shall reside within the area of city impact outside the city of Hauser; two (2) shall be planning commission members from the county. Commissioners that reside outside city limits shall be appointed by consent of the board of county commissioners.
C. Decision And Appeals; Joint Commission: With the exception of subdivisions of land, as defined by the Hauser development code, request for amendments to the development code and/or comprehensive plan, all decisions related to class II permits shall be final, unless otherwise appealed in accordance with this agreement.
D. Review: Review and decisions by the joint commission relating to subdivisions, request for amendments to the development code and/or comprehensive plan shall be made in the form of a recommendation to the board of county commissioners and city council for a combined review and final decision of the board of county commissioners.
E. Decision And Appeals: Decisions relating to subdivisions, as defined by the Hauser development code, amendments to the development code, and/or comprehensive plan amendments situated in the Hauser area of city impact require an affirmative decision by the board of county commissioners. The board of county commissioners shall take due notice of the recommendation of the joint commission.
F. Appellant Body: The board of county commissioners and members of the city council, with duties described herein, shall act as the appellant body for final decisions rendered by the joint commission except those excluded in subsection C of this section.
G. Joint County Board And City Council Hearings: Appeals of the commission's decision, with the exception of subdivisions, and request for amendments to the development code and/or comprehensive plan, shall be made to a joint board of county commissioners and city council, hereinafter "joint board".
H. Final Decisions: Final decisions related to subdivisions, amendments to the development code and/or the comprehensive plan, in the area of city impact outside city limits, shall be made by the board of county commissioners in accordance with the procedures established in the Hauser development code and this agreement.
I. Composition Of Board: The joint board shall consist of the Kootenai board of county commissioners and two (2) city council members which may include the mayor.
1. City elected officials, acting in the capacity of members of the joint board, shall not have the authority to make motion(s) or vote in regard to the approval/denial of a development proposal, or content of conditions placed upon a project proposal, or amendments to the applicable plan and development standards.
2. The role of city elected officials is limited to an advisory capacity to the board of county commissioners. City members of the joint board will have the ability to make inquiries of the project proponents/opponents during the public hearing, confer with the board of county commissioners prior to final decisions of the board of county commissioners during the public hearing process and provide evidence and testimony to the board of county commissioners in relation to compliance/noncompliance of a proposal to the Hauser comprehensive plan and development code. (Ord. 119, 10-30-1999)