Public hearings are distinguished from ordinary public meetings by expressly allowing active public participation in the planning and zoning process. The purpose of the public hearing process is to gather information from the public concerning issues relevant to making a decision concerning particular issues and requests. Public hearing opportunities are governed by procedures adopted by resolution of the City Council and are subject to management by the Chairman of the meeting at which the public hearing occurs. Public hearing procedures provide general guidelines and may be varied in order to allow orderly decision-making that respects the interests of all parties concerned with a proposal or request. Legislative hearings are conducted to obtain general public comment about proposals to change planning and zoning law. Quasi-judicial hearings address specific applications for permits or approvals and must maintain due process protections for all with qualified interests. (Ord. 352, 4-25-2018)

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. Any of the following planning and zoning activities will be required to hold a public hearing or hearings in accordance with the applicable requirements of State law. If any provision of this title conflicts with State law, provisions of State law shall prevail.

   A.   Zoning Title Text And Map Amendments And Zoning District Overlays:

      1.   These procedures require a mandatory public hearing before the Planning and Zoning Commission and an optional public hearing before the City Council. The City Council shall render decisions concerning zoning title text and map amendments either by passing an amending ordinance or declining to do so.

   B.   Variances:

      1.   Variances require a public hearing before the Planning and Zoning Commission. The Planning and Zoning Commission shall render decisions concerning variance applications, subject to appeal to the City Council.

   C.   Conditional Use Permits:

      1.   Conditional use permits require a public hearing before the Planning and Zoning Commission. The commission shall render decisions concerning conditional use permit applications, subject to appeal to the City Council.

   D.   Planned Unit Developments (PUD):

      1.   PUD permits require one public hearing before the Planning and Zoning Commission and an optional public hearing before the City Council. PUD permits are to be decided by the City Council after receiving a recommendation from the Planning and Zoning Commission.

   E.   Zoning Designation Upon Annexation:

      1.   Zoning upon annexation requires public hearings before the Planning and Zoning Commission and the City Council. The City Council shall decide zoning designation(s) upon annexation after a Planning and Zoning Commission recommendation has been received. (Ord. 352, 4-25-2018)

Prior to any required public hearing, notice shall be provided as required by law. The City of Idaho City will administer provision of public notice. The applicant may be required to supply an ownership report prepared by an Idaho-licensed title company containing all current property owners in order to provide required notice. Any such obligation shall conform to the administrative direction provided by the Administrator. (Ord. 352, 4-25-2018)

When public hearing notification is required for two hundred (200) or more property owners or purchasers of record, the alternative procedure for official notice provided in sections 67-6511 and 67-6512, Idaho Code or their successor, shall be given. The applicant shall bear the cost of alternative public hearing notice as determined by the Administrator. (Ord. 352, 4-25-2018)

   A.   Public hearing procedures shall be established by resolution of the City Council consistent with State law. For public hearings associated with changes to the Comprehensive Plan, amending the zoning map, amending the subdivision or related ordinances, modifying the zoning map or considering changes to other land use ordinances for which a hearing is required by State law, there shall be at least one public hearing required, such hearing(s) to be held by the Planning and Zoning Commission, with an additional hearing to be conducted by the City Council upon its decision to do so.

   B.   For public hearings concerning conditional use permit applications, variances, subdivisions, and planned unit developments, there shall be one public hearing required, such hearing to be held by the Planning and Zoning Commission. Either the City Council or the Mayor may schedule an additional public hearing concerning such matters. Any additional meeting for a decision, by appeal or otherwise, comes to the City Council. Such hearing is optional based upon the discretion of the City Council. Whenever Idaho Code authorizes the use of a hearing examiner, the City Council may approve a resolution or motion authorizing use of a hearing examiner as an alternative to the Planning and Zoning Commission whenever it deems such use to be appropriate. (Ord. 352, 4-25-2018)

An appeal is a request challenging the propriety of a land use decision or interpretation of this title by the Administrator, the Planning and Zoning Commission or a hearing examiner if one should be employed. Fees governing appeals must be paid and the specific legal basis for appeals must be stated in writing before an appeal will be deemed accepted for consideration. Appeals will follow the procedures specified below. An appeal that has not been perfected by payment of fees or statement of issues may be dismissed in the sound discretion of the City Council.

   A.   Appeals of final decisions made by the Planning and Zoning Commission or hearing examiner shall follow procedures established by City Council resolution. Any such appeal shall include the specific legal basis for appeal and the result sought through the appellate process. Employing whatever procedure(s) it deems appropriate in accordance with its procedures resolution, the City Council will render a written, reasoned decision that will be communicated to the appellant and/or applicant as required by law.

   B.   Appeals of decisions made by the Administrator shall use procedures established by City Council resolution. Any such appeal shall include the specific legal basis for appeal and the result sought through the appellate process. Employing whatever procedure(s) it deems appropriate in accordance with its procedures resolution, the Planning and Zoning Commission or the City Council should render a written, reasoned decision that will be communicated to the appellant and/or applicant as required by law. (Ord. 352, 4-25-2018)

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. A request for reconsideration must be initiated within no more than seven (7) days after a final decision is made and must address a specific error or omission. 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. (Ord. 352, 4-25-2018)