A. Created: A McCall area planning and zoning commission (the commission) is created for which the jurisdiction consists of matters relating to lands within the city limits of the city of McCall and matters entrusted by the Idaho Code to the planning and zoning commission of the city, referred to in the rest of this chapter and title as the planning and zoning commission or the commission. By agreement, the city of McCall council (the council) and the board of Valley County commissioners (the board) assign to the McCall area planning and zoning commission jurisdiction which consists of the matters relating to lands outside the city limits of the city of McCall and within the city of McCall area of city impact. The board is the governing authority in legislative matters, in quasi-judicial, and administrative matters for the impact area.
B. Term Of Office; Appointment; Vacancies: Commission shall consist of seven (7) members: four (4) appointed by the mayor with the consent of the council, and three (3) appointed by the board. Appointments shall be made without respect to affiliation. All members shall be residents of the city or the area of city impact for a period of at least two (2) years prior to appointment. The members in office on March 16, 2006, shall continue in office each for her or his unexpired term. Thereafter, their successors shall be appointed for and shall hold office for a term of three (3) years. Each member shall serve no more than two (2) full consecutive terms except where approved by two-thirds (2/3) concurrence of the governing authority which appointed him or her and duly adopted by motion and recorded in the minutes; filling the remainder of an unexpired term with more than two and one-half (21/2) years remaining will qualify as a full term. Members may be removed by a majority vote of the governing authority which appointed them. The governing authority may remove a member for unacceptable performance of their duties, including, but not limited to, chronic absenteeism. In the event of the death, resignation, or any other vacancy in the commission, the vacancy shall be filled in accordance with this section.
C. Officers: The planning commission shall at its first meeting each calendar year elect a chair and a vice chair who shall be members and shall serve for a term of one year.
D. Compensation; Records; Minutes: Members of the commission shall receive no compensation. The staff shall keep an accurate record of all proceedings of the commission and shall distribute copies of the minutes of the commission, and other pertinent documents as a record of decisions or recommendations, to the city manager and members of the council and to the Valley County board of commissioners. The commission shall request that the administrator provide a secretary who shall not be a member of the commission. The commission shall prepare and keep current bylaws which outline the functioning, conduct of meetings, organization, rules of order, voting and agenda preparation of the commission.
E. Meetings: The commission shall hold at least one meeting each month on a regular day and at a regular time fixed in its bylaws. Pending adoption of such bylaws by resolution of the commission and approved by resolution of the council and the board, the commission shall hold a meeting on the first Tuesday of each month at five thirty o'clock (5:30) P.M., unless otherwise noticed and/or there is no business to transact. The commission shall meet at such other times and dates as may in its judgment be necessary.
F. Duties: The duties of the commission are to:
1. Meet jointly with the Valley County planning and zoning commission for the purposes of recommending a comprehensive plan for the development of the planning jurisdiction. Other duties are to plan for and recommend the laying out, widening, extending and locating of streets, roads and highways for the relief of traffic, for density of population and development of land within the jurisdiction of the planning jurisdiction, for the future growth, development and beautification of the planning jurisdiction in respect to its public buildings, streets, parks, grounds and lands consistent with the future growth and development of the planning jurisdiction, all in order to promote the public health, safety, and welfare of the inhabitants thereof, and to give suggestions and advice to individuals concerning landscaping or location of buildings, structures or works to be erected, constructed or altered by such individuals. The commissions shall cooperate with other and like commissions along the lines and purpose prescribed in Idaho Code sections 50-1101 through 50-1106.
2. Recommend amendments to the McCall comprehensive plan and this code, and develop regulations and other related matters pursuant to Idaho Code section 67-6511.
3. Recommend the granting or denial of variances, conditional use permits, subdivisions, planned unit developments, amendments to the zoning map, vacation of streets, and other decisions authorized by McCall ordinances, which recommendations shall only be made in the form of findings of fact and conclusions of law, pursuant to Idaho Code section 67-6535, and only through the procedures (including hearings) required by title 3, chapters 13 and 15 of the McCall city code.
4. Review and make recommendations for the administration of this title and title 9, "subdivision and development", of the McCall city code.
5. Carry out the duties delegated by the city manager, city council, board of commissioners, applicable city code, applicable county code, and the Idaho Code.
6. Propose, review and approve any amendments to this title or title 9 of the McCall city code and of this code before action by the council and/or board.
7. Perform the duties as delineated in title 3, chapter 16, "design review", of the McCall city code.
G. Cooperation Of Departments And Employees; Technical And Advisory Committees: All departments and employees of the city and county shall cooperate with the commission, and furnish to the commission maps, reports and all available data necessary for the commission properly and adequately to carry out its functions. The commission is also authorized to appoint such technical and advisory committees as are necessary to carry out its work, and to call upon the citizens of the community and the various civic organizations for cooperation and assistance to the end that a coordinated program of planning jurisdiction planning and zoning may be promoted.
H. Governing Board: Nothing in this title shall be construed as infringing upon the authority previously granted to any existing commission or board, provided that such commission or board shall coordinate their activities to the end that an updated comprehensive plan for the planning jurisdiction may be prepared. The governing board for the joint commission in the McCall area of city impact is the Valley County board of commissioners for said area of impact.
I. Expenditures: The joint commission shall have no authority to make expenditures on behalf of the city or county nor to obligate the city or county for the payment of any sum of money unless authorized by the council or board, who shall specify the administrative method by which such funds shall be expended.
J. Ratification Of Past Actions And Recommendations: The past actions and recommendations of the McCall area of city impact joint planning and zoning commission, since it was first seated pursuant to the agreement of September 2, 1980, and down to the effective date of the ordinance codified herein and this code, are hereby ratified in accordance with the final action taken by the governing board with respect to each, where governing board action was required, and in accordance with the final action of such commission where no further action by a governing board was required for finality. (Ord. 16-03, 3-21-2016)