The purpose of this Chapter is to define the general procedures for obtaining zoning approval from the City of Horseshoe Bend, the various levels of zoning review and the requirements for public notice and conduct of hearings. (Ord. 232, 4-14-2010)

Every person seeking zoning, variance, conditional use, conditional use modification, annexation, rezone, planned unit developments, area-specific amendments to the Comprehensive Plan and special exception approval as herein defined shall submit an application to the City Clerk on a prescribed form, accompanied by the appropriate filing fee as approved by the City Council. (Ord. 232, 4-14-2010)

This Title shall be administered by the City Clerk or his/her designee(s). (Ord. 232, 4-14-2010)

For the purposes of this Title, the City Clerk shall have the following responsibility and authority:

   A.   Advise interested persons regarding zoning and subdivision ordinance provisions.

   B.   Notify the public and interested media as required by law.

   C.   Advise applicants regarding required applications and ordinance compliance.

   D.   Administer and issue land use and development permits, notifications and similar administrative duties.

   E.   Investigate possible violations of this Title and take the actions necessary and appropriate to remedy such violations.

   F.   Assist the City Council in implementing the provisions of this Title.

   G.   Any employee or agent designated by the Mayor of the City of Horseshoe Bend may act on behalf of the City of Horseshoe Bend concerning any matter or proceeding arising out of this Title. (Ord. 232, 4-14-2010)

The City Clerk is directed to coordinate with other departments and public agencies concerning all permits which may be required by this title and by previously or subsequently adopted laws. (Ord. 232, 4-14-2010)

The City Council will establish by resolution a schedule of fees, charges and expenses and for matters pertaining to the administration and enforcement of this Title requiring investigations, advisory reports, inspections, legal advertising, postage and other expenses. The schedule of fees will be available in the office of the City Clerk, and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full, no application shall be deemed complete for processing pursuant to this title.

The City Clerk shall maintain a current list of fees for all zoning applications identified in Section 9-7. The fees for zoning applications may be revised only by the City Council. Current fee schedules may be obtained from the Horseshoe Bend City Clerk. (Ord. 232, 4-14-2010)

The Administrator shall advise the public on the preparation of applications. The Administrator shall decide the appropriate review procedure for each application filed consistent with the requirements of this Title. The decision of the Zoning Administrator may be appealed to the City Council. (Ord. 232, 4-14-2010)

Two levels of zoning review are hereby established: Administrative and Council level. All applications submitted to the Zoning Administrator shall be subject to one or more of these reviews. (Ord. 232, 4-14-2010)

There is hereby established a category of uses that are considered to be allowed uses but for which final approval may be withheld until certain standards and/or criteria are complied with. The Zoning Administrator is authorized to review the required approval standards and/or criteria for this category of allowed uses and issue or withhold final approval. The action of the Zoning Administrator on administrative applications may be appealed to the City Council as hereinafter set forth. (Ord. 232, 4-14-2010)

Certain zoning applications require action by the Horseshoe Bend City Council. An advertised public hearing is required for Council Review. Decisions of the City Council can be appealed through the judicial system. (Ord. 232, 4-14-2010)

   A.   The purpose of the public hearing process is to provide the following:

      1.   An opportunity for citizens to present their views on an issue which may affect them.

      2.   A definition of the issues upon which a decision is to be made.

      3.   Essential evidence upon which a decision can be made. To further this process, all material contacts received by public officials outside of the public hearing shall be disclosed prior to the commencement of the public hearing. Material contacts shall be defined as those contacts received outside the public hearing process which shall have a significant effect on the opinion of a public official on a given issue.

      4.   An understanding of whether or not the proposal is in harmony with local ordinances and regulations. City staff reports shall be entered as a part of the public record.

   B.   If there is a question of conflict of interest, as defined by Idaho Code 67-6506, for any public official, it shall be disclosed prior to the commencement of the hearing.

   C.   Public Officials shall not bring up the pros and cons of the subject of the hearing prior to all testimony and evidence being submitted.

   D.   At the commencement of the hearing, the Mayor may establish a time limit to be observed by all speakers. Persons representing groups may be given more time than individuals presenting their own views.

   E.   The Mayor conducting the hearing shall present an opening statement setting forth the purpose of the hearing and the rules under which it shall be conducted.

   F.   No person shall be permitted to speak at a public hearing until such person has been recognized by the Mayor.

   G.   A transcribable, verbatim record of hearings shall be made and kept for a period of not less than six (6) months after final decision on the matter. In order to assure accuracy of the record, each person shall speak before the microphone in an orderly and constructive fashion, giving his or her full name and address and stating views as briefly as possible.

   H.   Speakers shall not be interrupted by the audience, public officials or city staff until their time limit has expired or until they have completed their comments.

   I.   At the conclusion of the speaker's comments, public officials, when recognized, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall be not included in the speaker's time limit.

   J.   Rebuttals shall only be allowed if they provide new, relevant and factual information.

   K.   If all sides of the issue cannot be heard in the time allotted, the hearing may be recessed to a later time stated by the Mayor. Persons not having had an opportunity to be heard may sign a roster in order to secure their opportunity to speak at the time stated.

   L.   Any person not conforming to these procedures may be prohibited from speaking during a public meeting. Should any person refuse to comply with such prohibition, he or she may be removed from the room by order of the Mayor. (Ord. 232, 4-14-2010)

The purpose of a public hearing is to give potentially affected persons an opportunity to offer oral testimony in support of or in opposition to an application or proposal. The resultant opinions and evidence submitted create part of the record upon which the decision-makers must base their decisions. (Ord. 232, 4-14-2010)

   A.   Publication of Notice of Hearing: At least fifteen (15) and not more than thirty (30) days prior to the public hearing, notice of the time and place and a summary of the proposal shall be published in a newspaper of general publication within the city.

   B.   Papers, Radio and Television: A notice may also be made available to other papers, radio and television stations serving the City for use as a public service announcement.

   C.   Notice to Political Subdivision: Notice of the time and place and a summary of the proposal shall be sent to all political subdivisions providing services within Horseshoe Bend's planning area, including school zones, at least fifteen (15) days prior to the public hearing.

   D.   Material Change In Proposal: Following the Council hearing, if the Council makes a material change in the proposal, further notice and hearing shall be provided before the Council approves the proposal. A record of the hearings, findings made and actions taken shall be maintained.

   E.   Notice to Property Owners: For conditional use applications, rezone applications and site-specific appeals, additional notice shall be provided by mail to the applicant and to property owners, purchasers of record and residents within the land being considered; within (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change as determined by Administrator.

   F.   Criteria Determining if Additional Areas May be Impacted: The criteria used by the Zoning Administrator for determining if additional areas may also be impacted by the proposed changes shall be as follows:

      1.   The application could result in significant adverse traffic, environmental, aesthetic, noise, pollution or population density impacts occurring outside the minimum three hundred feet (300') notice area.

      2.   The public interest would be better served by expanding the area to be notified.

   G.   Posting of Notice: Notice shall also be posted in a conspicuous place on the premises not less than seven calendar days prior to the hearing. The Zoning Administrator shall be responsible for the timely posting of all sites and for the documentation of such postings. (Ord. 232, 4-14-2010)

The Horseshoe Bend City Council shall conduct said hearings in conformity with the following standards. At all such hearings:

   A.   Sign-in Roster: A sign-in roster shall be kept at the entrance to the hearing room for all persons who wish to testify at the hearing on a particular application issue.

   B.   Conduct of Hearing: The Mayor shall conduct the hearing in accordance with the rules herein set forth. In order to accommodate all participants, the Mayor may determine the allotted time for each speaker.

   C.   Record: A transcribable record shall be taken and maintained.

   D.   Preliminary Presentation of Facts: The Mayor shall call upon the staff to make a preliminary presentation of facts. The Mayor shall conduct the public hearing in the following manner.

      1.   Invite the applicant (or in case of an appeal, the appellant) to make a presentation of evidence to the Council.

      2.   The staff will provide a presentation of the report.

      3.   Those who are in favor of the request may provide testimony.

      4.   Those who are opposed of the request may provide testimony.

      5.   Those who are neutral of the request may provide testimony.

      6.   The applicant will be provided time for rebuttal.

      7.   The public hearing will be closed.

In situations where the Council is acting as an appeals body and if the appellant is not an applicant for an approval or permit, then the Mayor shall call upon the applicant to present evidence to the Council.

   E.   Exhibits: Every document referred to by any person during testimony (including charts, maps, photographic evidence or any other evidence) shall be offered into the record. Every exhibit offered shall be marked and entered into the record of the proceeding. Such exhibits shall be maintained with the City Clerk during the appeal period.

   F.   Public Testimony: After the staff presentation and testimony by the applicant (or in the case of an appeal, the appellant), the Mayor shall open the hearing for public testimony and shall invite the public to address the Council in the order of names found on the sign-in roster. If in the opinion of the Mayor the number of persons testifying is of sufficient number as to unduly delay the process of the hearing, the Mayor may limit public testimony to three minutes for each member of the public. The public hearing may be continued upon motion to a date certain, which shall be announced to the public there assembled.

   G.   Appeal Hearings: During appeal hearings before Council testimony shall be limited to those issues that were set forth in the written appeal(s). If they desire, the Council may ask questions or request information regarding aspects of the project that were not included in the written appeal.

   H.   Full Name and Address: All persons testifying before the Council except staff, shall state, for the record, their full name and address.

   I.   Questions from Council: Members of the Council may question any person who testified at any time or may, upon unanimous consent of the members present, recall a person for further testimony.

   J.   Persons Attending Not on Roster: Before the close of the public testimony, the Mayor shall ask if any persons attending who did not sign the roster wish to be heard and any such person shall be heard for further testimony.

   K.   Comments from Staff: At the close of public testimony, the Mayor may solicit comments from staff for additional facts or clarification as a result of the testimony given. After comments from staff, the applicant shall be given an opportunity to address final comments to the Council. If Council is hearing an appeal by someone other the applicant, the applicant shall be given an opportunity to make final statements to the Council. The Mayor may determine the time allowed for final comments subject to the right of the Council to grant such additional time as it deems necessary.

   L.   Hearing Declared Closed: After all testimony, the Mayor shall declare the public hearing closed and shall bring the matter back before the Council for discussion and action. The discussion and decision may be deferred until another date certain which shall then be announced to the public there assembled. (Ord. 232, 4-14-2010)

Any Administrative level decision may be appealed to the Council in accordance with the procedures established in Section 9-4-8-1 of this title. All such appeals must be written, accompanied by the appropriate fee and submitted to the City Clerk prior to the deadlines set forth herein. If the appeal deadline falls on a weekend or holiday, the appeal period is automatically extended to the next workday. Each appeal must clearly state the name, address and phone number of the person or organization appealing and the specific issues, items or conditions that are being appealed. (Ord. 232, 4-14-2010)

Reconsideration is a procedure by which an applicant or other affected person seeks to have a final decision-maker revisit the outcome or rationale of a quasi-judicial land use decision. The determination to reconsider rests solely in the discretion of the decision-maker. If the decision-maker agrees to reconsider it shall specify the procedures to be followed and inform those entitled to notice. If the decision maker determines that it will not reconsider, it should state the reasons why and notify those entitled to notice. The decision not to reconsider shall be deemed a final decision for purposes and timing of maintaining an appeal. A decision to reconsider shall toll the time for appeal until a final decision has been rendered after reconsideration. A person(s) may ask for reconsideration of a land use application if the request for reconsideration is made at the next regularly scheduled meeting of the City Council and the person testified at the previous hearing and must address a specific error or omission.

   A.   Denied Application: No application which has been denied shall be resubmitted in either the same or substantially the same form or with reference to substantially the same premises or the same purpose in less than one year from the date of final action thereon.

   B.   Comprehensive Plan Change: If a Comprehensive Plan change is approved by the City Council, an applicant may apply for a zone change within one year.

   C.    Application Reconsideration: A person(s) may ask for reconsideration of a land use application if the request for reconsideration is made at the next regularly scheduled meeting of the City Council and the person testified at the previous hearing. (Ord. 232, 4-14-2010)