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 public hearing 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 site specific applications for permits or approvals and must maintain due process protections for all with qualified interests. (Ord. 595, 6-13-2018)

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 Ordinance Text And Map Amendments And Zoning District Overlays: 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 ordinance text and map amendments either by passing an amending ordinance or declining to do so.

   B.   Variances: 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 (Special) Use Permits: Conditional use permits require a public hearing before the Planning and Zoning Commission. The commission shall render decisions concerning special use permit applications, subject to appeal to the City Council.

   D.   Planned Unit Development (PUD): 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: 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 and the City Council has conducted its hearing. (Ord. 595, 6-13-2018)

Prior to any required public hearing, notice shall be provided as required by law. The jurisdiction will administer provision of public notice at the applicant's expense. 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. 595, 6-13-2018)

When public hearing notification is required for two hundred (200) or more property owners or purchasers of record and for Comprehensive Plan and zone ordinance text amendments, the alternative procedure for official notice provided in Idaho Code 67-6511, or its successor, shall be given. The applicant shall bear the cost of alternative public hearing notice as determined by the Administrator. (Ord. 595, 6-13-2018)

Public hearing procedures shall be established by resolution of the City Council consistent with State law.

   A.   For public hearings associated with changes to the comprehensive plan, amending the zoning map, amending the subdivision or related ordinances, 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, planned unit developments, there shall be one public hearing required, such hearing to be held by the Planning and Zoning Commission. The City Council may schedule an additional public hearing concerning such matters if jurisdiction 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. 595, 6-13-2018)

All decisions made by the Planning and Zoning Commission or City Council shall be made in a manner and form consistent with the requirements of Idaho law. Decisions that are deemed quasi-judicial shall identify the standards and criteria, relevant facts and provisions of law that lead to the conclusion reached. In recognition that such requirements may change from time to time by virtue of judicial decision and legislative enactment, decision-makers are referred to relevant provisions of State law for guidance in shaping decisions required by this title. All decisions that are deemed legislative decisions by requirements of State law shall be undertaken in the same manner that legislative decisions are typically made. (Ord. 595, 6-13-2018)

An appeal is a request challenging the propriety of a land use decision or interpretation of the zoning ordinance 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 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 procedures 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 procedures it deems appropriate in accordance with the City Council's procedures resolution, the Planning and Zoning Commission or the City Council will render a written, reasoned decision that will be communicated to the appellant and/or applicant as required by law. (Ord. 595, 6-13-2018)

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. Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14) days. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. (Ord. 595, 6-13-2018)