TITLE 2
BOARDS AND COMMISSIONS
CHAPTER 1
PLANNING AND ZONING COMMISSION
SECTION:
2-1-1: Commission Created; Terms; Qualifications; Appointments; Vacancies
2-1-2: Elections; Meetings
2-1-3: Duties
2-1-1: COMMISSION CREATED; TERMS; QUALIFICATIONS; APPOINTMENTS; VACANCIES:
   A.   There is hereby created and established a planning and zoning commission of the city consisting of members to be appointed by the mayor and confirmed by a majority vote of the city council. The number of members on the commission shall be as established by the bylaws adopted by the city council.
   B.   Except as provided herein, each member must have resided in the county for at least two (2) years prior to his appointment and shall be a resident of the city at the time of appointment and throughout the duration of the term on the commission.
      1.   For purposes of this chapter "resident" shall be determined by considering the location of the member's principal or primary home or place of abode of a person.
         a.   "Principal or primary home or place of abode" is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence. In determining what is a principal or primary home or place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income tax purposes, residence of parents, spouse, and children, if any, leaseholds, situs or personal and real property, and motor vehicle registration.
         b.   A resident member shall not be considered to have gained residence in any city of this state into which he comes for temporary purposes only without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.
         c.   A resident member who has left his home and gone to another area outside the city, for a temporary purpose only shall not be considered to have lost his residency.
         d.   If a member moves outside the city, with the intention of making it his permanent home, he shall be considered to have lost his residency in the city.
   C.   The term of office shall be four (4) years; provided, however, that any member may be removed from the commission for cause, or not for cause, prior to the expiration of his term of office by a majority vote of the city council.
   D.   Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as stated in subsection A of this section.
   E.   Members shall be appointed without respect to political affiliation and may receive compensation and reimbursement for mileage and expenses as may be established from time to time by resolution of the city council.
   F.   No member of the commission shall, during the term of office, serve on the city council. Absent prior approval by the mayor and the city council, no member of the commission shall, during the term of office, serve on any other elected or appointed government position in Blaine County. (Ord. 459, 1-3-2013)
2-1-2: ELECTIONS; MEETINGS:
The commission shall elect its own chairperson and vice chairperson and create and fill such other offices as it may determine necessary for the proper conduct of the business of the commission. At least one regular meeting shall be held each month for not less than nine (9) months in each calendar year, and the commission may hold such other special meetings as it deems necessary or appropriate to properly conduct its business. Regular meetings shall be scheduled in accordance with the adopted bylaws of the planning and zoning commission. A majority of the members of the commission shall constitute a quorum. All meetings shall be open to the public, and written records of meetings, decisions and findings, studies, permits and actions shall be maintained and made available at reasonable times and places for inspection by the public. (Ord. 294, 10-24-1996)
2-1-3: DUTIES:
It shall be the duty of the planning and zoning commission to:
   A.   Hold public meetings, hearings, work sessions, or use other appropriate means, to obtain information for the planning and zoning process and for submittal of recommendations to the council concerning the planning and zoning process. The commission shall primarily deal with the matters set forth in the local planning act, Idaho Code section 67-6501 et seq. Further, the commission is empowered to, but not limited to, the following:
      1.   Initiate amendments to the city land use ordinances and the comprehensive plan and make recommendations to the city council;
      2.   Review all proposed amendments to the city land use ordinances and the comprehensive plan, and make recommendations to the city council;
      3.   Review development proposals according to the processes outlined in this code;
      4.   Initiate and/or review proposed interim land use ordinances or moratoriums, and make recommendations to the city council;
      5.   Process conditional use permits, special permits, variances and all other applications as required by this code;
      6.   Review annexation proposals for comprehensive plan and/or Sun Valley municipal code compliance and/or changes, and make recommendations to the city council;
      7.   Conduct site plan and architectural review of projects as required by applicable Sun Valley ordinances.
   B.   The commission shall have the right to seek judicial process, as may be necessary to enable it to fulfill its functions. This shall not include the right to file a lawsuit or retain an attorney for the filing of a lawsuit unless otherwise approved by the city council.
   C.   The commission shall recommend, and the city council shall adopt by resolution, bylaws for the planning and zoning commission. (Ord. 294, 10-24-1996)