HomeMy Public PortalAboutTitle 11, Chapter 15- Enforcement and AdministrationTITLE 11 IONA CITY CODE
CHAPTER 15 (Revision: December 7, 2023) Page 376
CHAPTER 15 Enforcement and Administration
SECTION:
11-15-1: Office of Zoning Administrator and Building Official
11-15-2: Application and Plans Required
11-15-3: Building Permits Required
11-15-4: Powers and Duties of the Enforcing Officers
11-15-5: Permits to Comply with Ordinance
11-15-6: Certificate of Occupancy
11-15-7: Construction and Use to be Stated in Applications, Plans, Permits and Certificates
of Occupancy
11-15-8: Establishment of Planning and Zoning Commission
11-15-9: Organization of Planning and Zoning Commission
11-15-10: Rules, Records and Meetings
11-15-11: Expenditures
11-15-12: Duties of Planning and Zoning Commission
11-15-13: Conflict of Interests
11-15-1: OFFICE OF ZONING ADMINISTRATOR AND BUILDING OFFICIAL.
The Mayor may, with the advice and consent of the City Council appoint a Zoning Administrator
to enforce and administer the provisions of this chapter. The Zoning Administrator may also be
the chairperson of the Planning and Zoning Commission. The Mayor may in a similar fashion
appoint a Building Official. The Building Official shall report to and be supervised on a day to
day basis by the Zoning Administrator and shall be the officer charged with the administration and
enforcement of this Zoning Ordinance, the Subdivision Ordinance, and with the administration
and enforcement of the Building Codes. Unless otherwise specified, the Mayor, with the advice
and consent of the City Council may from time to time entrust the administration and enforcement
of these Ordinances, in whole or in part, to any other officer of the City.
(Ord. 118, 2/20/2007).
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CHAPTER 15 (Revision: December 7, 2023) Page 377
11-15-2: APPLICATION AND PLANS REQUIRED. Any person, firm or corporation
desiring to construct a building in the City, shall first apply for a permit by making application
therefor to the Building Official. All applications for building permits shall be accompanied by a
plot plan showing the size and location of the existing buildings and parking, landscaping,
vehicular access, buildings to be erected and such other items as may be required by the Zoning
Administrator. The plot plan shall also show the zone in which a lot or parcel of land is located.
(Ord. 118, 2/2/2007).
11-15-3: BUILDING PERMITS REQUIRED. It shall be unlawful to erect, construct,
move or structurally alter any building or structure, or any part thereof, until after a written permit
to do so has been issued by the Building Official.
(Ord. 118, 2/2/2007).
11-15-4: POWERS AND DUTIES OF THE ENFORCING OFFICERS. It shall be the
duty of the Zoning Administrator and/or Building Official or other designated official to inspect
or cause to be inspected all buildings in the course of construction or repair. He/She shall enforce
all provisions of this Ordinance and shall refer all violations to the City Prosecutor, entering actions
in the courts when necessary, but his/her failure to do so shall not legalize any violation of such
provisions, nor shall the failure of the City Prosecutor to enter actions in the courts shall not
legalize any violation of such provisions.
(Ord. 118, 2/2/2007).
11-15-5: PERMITS TO COMPLY WITH ORDINANCE. From and after the effective
date of this Ordinance, neither the Zoning Administrator nor the Building Official shall grant a
permit for the construction of any building or structure, or for the moving of a building or structure
onto a lot, or for the change in any use of land, building structure if such construction, alteration,
moving or change in use would be in violation of any of the provisions of this Title, nor shall any
other officer of the City grant any permit or license for the use of any building or land if such
would be in violation of this Code.
(Ord. 118, 2/2/2007).
11-15-6: CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or permit the use
of any building or premises or part thereof hereafter created, erected, altered, changed, or converted
wholly or partly in its use or structure until a Certificate of Occupancy to the effect that the building
or premises or the part thereof so created, erected, altered, changed or converted and the proposed
use thereof conforms to the provisions of this Code shall have been issued by the Building Official.
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CHAPTER 15 (Revision: December 7, 2023) Page 378
It shall be the duty of the Building Official to issue a Certificate of Occupancy within ten (10) days
after a request for same shall have been filed in his office by any owner of a building or premises
affected by this Title, provided said building or premises or the part thereof so created, erected,
altered, changed or converted and the proposed use thereof conform with all the requirements
herein set forth.
(Ord. 118, 2/2/2007).
11-15-7: CONSTRUCTION AND USE TO BE STATED IN APPLICATIONS,
PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY. Building permits or
Certificates of Occupancy issued on the basis of plans and applications approved by the Building
Official authorizes only the use, arrangement, and construction set forth in such approved plans
and applications, and no other use, arrangements, or construction. Any use, arrangement, or
construction at variance with that authorized shall be deemed a violation of this Chapter, and
punishable as provided herein.
(Ord. 118, 2/2/2007).
11-15-8: ESTABLISHMENT OF PLANNING AND ZONING COMMISSION. The
Iona Planning and Zoning Commission is hereby established and shall be comprised of five (5)
voting members, at least one of whom resides within the Area of Impact. All members of the
Commission shall be appointed by the Mayor and confirmed by majority of the City Council. Each
member of the Commission must have resided in Bonneville County for a period of at least two
(2) years prior to the date of his or her appointment and must remain a resident of either the City
or the Area of Impact throughout his or her service on the Commission. The term of office for the
members of the Commission shall be for a period of three (3) years, provided that the initial
appointment of one of the members shall be for a period of one (1) year and two (2) of the members
shall be for a period of two (2) years. No person shall serve on the Commission for more than two
(2) full consecutive terms without specific concurrence by a vote of at least three (3) members of
the City Council, which votes shall be recorded in the minutes. Vacancies in the term of any
member shall be filled in the same manner as the original appointment. Members of the
Commission may be removed for cause by a majority vote of the City Council. Members of the
Commission shall be selected without respect to political affiliation. In appointing such members,
the Mayor and City Council shall consider the various areas and interests within the City and
ensure that the same are broadly represented on the Commission.
(Ord. 118, 2/2/2007); (Ord. 199-10-15, 10/20/2015); (Ord. 218-03-18, 3/20/2018).
11-15-9: ORGANIZATION OF PLANNING AND ZONING COMMISSION. By
appointment by the Mayor and City Council, the Commission shall elect a chairperson and a
secretary. The Commission may also establish subcommittees, advisory committees, or
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neighborhood groups to assist and advise in carrying out its responsibilities under this chapter.
The Commission may also appoint non-voting ex officio advisors as deemed necessary.
(Ord. 118, 2/2/2007).
11-15-10: RULES, RECORDS AND MEETINGS. The Planning and Zoning Commission
shall adopt written bylaws consistent with the provisions of this chapter and the Idaho Local Land
Use Planning Act. The Commission shall provide for the taking of minutes of all meetings,
hearings and for the maintaining of a record of all the resolutions, studies, findings, permits and
actions taken by the Commission. All meetings and records shall be open to the public. The
Commission shall conduct at least one (1) meeting per month for not less than nine (9) months in
a calendar year. A majority of the voting members of the Commission shall constitute a quorum.
(Ord. 118, 2/2/2007).
11-15-11: EXPENDITURES. Subject to the budgetary process adopted and approved by the
Mayor and City Council, the Planning and Zoning Commission may expend funds and purchase
goods and services and contract for professional services, all as necessary to undertake and fulfill
its purposes and duties under the provisions of this chapter. Without limiting the foregoing, the
Commission may hire or contract for the services of professional planners, engineers, architects or
legal assistance.
(Ord. 118, 2/2/2007).
11-15-12: DUTIES OF THE PLANNING AND ZONING COMMISSION. The Planning
and Zoning Commission shall have the following duties:
(A) To hear and consider and make recommendations to the City Council regarding
applications for variances, conditional use permits, zoning requests, PUD’s or other
permits as expressly allowed under the provisions of this chapter.
(B) To advise and make recommendations to the City Council with respect to the adoption of
a comprehensive plan, zoning ordinance, area of impact and amendments thereto, all in
accordance with the notice and hearing procedures set forth in the Idaho Local Land Use
Planning Act.
(C) To consider and make recommendations to the City Council regarding the annexation of
property into the City and to further make recommendations concerning the zoning and
rezoning thereof.
(D) To consider and make recommendations to the City Council regarding amendments to the
subdivision ordinance, and to conduct hearings when expressly required by the subdivision
ordinance.
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(E) To undertake and perform such other duties as may be expressly set forth in other
provisions of this chapter.
(F) Make recommendations to the City Council concerning the comprehensive plan, planning
process or implementation of the comprehensive plan.
(G) Conduct citizen hearings, meetings, surveys or obtain advice regarding the comprehensive
planning process, comprehensive plan and its implementation. The Commission may also
conduct informational meetings and consult with public officials and agencies, public
utilities and civic, educational, professional or other organizations.
(H) The Planning and Zoning Commission shall have the duty of conducting a comprehensive
planning process designed to prepare, implement and review and update the
Comprehensive Plan, all as provided in accordance with Idaho Code § 67-6508. The
adoption, amendment and/or repeal of the plan shall be consistent with the provisions of
Idaho Code § 67-6509.
(I) Appoint a hearing examiner, including a professionally trained or licensed planner,
engineer or architect for the purpose of conducting hearing applications for subdivision,
special use and variance permits and requests for zoning district boundary changes, all as
provided under Idaho Code § 67-6520.
(Ord. 118, 2/2/2007).
11-15-13: CONFLICT OF INTERESTS. No member of the Commission shall participate
in any proceeding or action when he or she or his or her employer, business partner, business
associate or any person related to him or her by affinity or consanguinity within the second degree
has an economic interest in the proceeding or proposed action. Any actual or potential interest in
said proceeding shall be disclosed at or before the meeting in which the action is being heard or
considered. No member of the Commission shall participate in any deliberation or in any aspect
of the decision-making process if he or she has a conflict of interest as provided under Idaho Code
§ 67-6506.
(Ord. 118, 2/2/2007).