The purpose of this section is to provide standards and regulations regarding the duties, conduct and appeals of the planning and zoning commission, appeals of the zoning official and requests for mediation on matters before the county.

(Ord. No. 72rr, § 14.1, 1-9-2017)

(a)

Public hearing required. Upon the receipt of an application for a conditional use, a variance, planned unit development, or an application for a zone change, comprehensive plan amendment, or an amendment to the text of this chapter, a public hearing shall be scheduled.

(b)

Notifications.

(1)

Each notice of public hearing on a legislative action of this chapter shall contain the date, time, and place of the hearing, a summary of the proposed amendment, and any other information considered pertinent; and shall be published at least once in a newspaper of general circulation in the county at least 15 calendar days prior to the hearing.

(2)

Each notice of public hearing on a quasi-judicial action of this chapter shall include, as a minimum, the date, time, and place of the hearing and a summary of the proposal. The notice shall be published in a newspaper of general circulation in the county at least 15 calendar days prior to the hearing, and shall, in addition, be mailed to the owners of all properties within 1,000 feet of the exterior boundary of the property for which the application is made at least eight calendar days prior to the hearing. In variance cases, notices shall be mailed only to owners of adjoining properties, including properties across roads and rights-of-way. For notice purposes, the names and addresses of owners as shown on the records of the county assessor may be used.

(3)

When notice is required to 200 or more property owners or residents, mailed notice may be omitted. In lieu thereof, public announcements of the hearing shall be made on local radio and television stations at least five, but not more than 15 calendar days before the hearing.

(4)

Failure of any person to receive the notice prescribed in this section shall not impair the validity of the hearing.

(5)

The planning and zoning commission may recess a hearing to serve further notice upon property owners or persons it determines may be interested in the proposal that is being considered.

(6)

Upon notice and publication of a hearing on an application for a zoning map amendment, planned unit development, conditional use permit, variance, or any other quasi-judicial hearing, members of the applicable hearing body shall avoid any receipt of information about the application, except from county staff and except for during the open testimony portion of the public hearing. If a hearing body member receives any type or amount of information about the application prior to or outside of the public hearing, he shall either recuse himself from participating in the hearing or, at the onset of the hearing, disclose the information received, its source and make a statement for the public record about his ability to make an impartial decision on the application and provide opportunity for any person at the hearing to object to his participation in the decision-making process. If there is an objection, the objector shall provide the reasoning for the objection for the record. If the hearing body member does not recuse himself from the hearing, the record on the matter shall be used in any appeal of the decision on the application.

(c)

Conduct of hearings. A public hearing shall be held to determine whether the application is consistent with the policies and goals enumerated in this chapter.

(1)

No person shall be permitted to testify at such a hearing until the person has been recognized and called upon by the commission/board chairperson or one of the commission/board members. All proceedings shall be recorded electronically or stenographically, and all persons speaking at such hearings shall speak before a microphone in such a manner as to ensure the accuracy of the recorded testimony and remarks. A person desiring to testify may also submit written testimony at any time prior to the conclusion of the public hearing.

(2)

At the commencement of the public hearing, the chairperson may establish a reasonable time limit to be observed by all speakers.

(3)

Each commission/board member 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 not be included in the speaker's time limit that might be established by the chairperson. The commission/board shall not interrupt the speaker until his time has been expended or until he has finished his statement.

(4)

Any person not conforming to the above rules may be prohibited from speaking during the public hearing. Should such person refuse to comply with such prohibition, he may be removed from the room by order of the chairperson.

(5)

The decision of the commission/board shall be announced by findings of fact, conclusions of law and decision of the hearing body.

(6)

The public hearing may be continued or recessed to a date, certain or indefinitely, upon motion on the record by the commission/board.

(7)

Cross-examination of persons testifying at the public hearing shall not be permitted. An applicant shall have an opportunity to rebut any testimony submitted.

(8)

Any exhibit introduced by any person shall be retained by the commission/board and made a part of the record therein.

(9)

Planning and zoning commission recommendations following their hearings on zoning ordinance map and text amendments and comprehensive plan amendments shall be forwarded to the board for a second hearing before the board and a final decision.

(d)

Content of decisions. All decisions of the commission/board, made pursuant to the authority given by this chapter, shall include and specify the following:

(1)

The ordinance provisions and standards used in evaluating the application.

(2)

The reasons for approval or denial, including the relevant criteria and standards of the comprehensive plan, the facts relied upon, and the rationale for the decision.

(3)

The further actions, if any, that the applicant could take to obtain a permit.

(e)

Decision and appeal. Within five working days after the planning and zoning commission has adopted findings of fact, conclusions of law and decision of the application, the zoning official shall notify the applicant of the decision. The decision is final unless appealed by the applicant or any interested person within 15 calendar days of the planning and zoning commission's adoption of the findings of fact, conclusions of law and decision.

(Ord. No. 72rr, § 14.2, 1-9-2017)

An action or ruling by the planning and zoning commission pursuant to this chapter may be appealed to the board, by the person who initiated the action before the planning and zoning commission or by any person entitled to notice by mail of the action under section 110.48.020(b) within 15 calendar days after the planning and zoning commission has adopted findings of fact, conclusions of law and decision; written notice of the appeal shall be filed with the board within the 15-calendar-day period. If the appeal is not filed and the fee required by section 110.01.090 is not deposited with the county recorder within the 15-calendar-day period, the decision of the planning and zoning commission shall be final.

(1)

If an appeal is filed and the required fee is deposited within the required time, the planning and zoning commission shall make a written report of the case to the board. The board may, in its sole discretion and without hearing or notice, refuse to accept jurisdiction of such appeal, in which case the decision of the planning and zoning commission shall be final and any appeal fees shall be refunded, or it may provide that such appeal shall be heard at a public or administrative hearing before the board, at such time, and pursuant to such rules as the board may determine.

(2)

If the board requires a hearing on such appeal, the board may conduct such appeal either by public hearing or by administrative hearing. At any time after such hearing on the appeal, the board may affirm, reverse, or modify any decision of the planning and zoning commission, or it may order the case to be returned to the planning and zoning commission for further proceedings. Should the board choose to conduct a public hearing on the appeal, it shall conduct the public hearing in compliance with this chapter. Should the board choose to conduct an administrative hearing on the appeal, the board shall conduct the hearing.

(3)

An applicant denied a permit or aggrieved by a decision may, within 28 calendar days after all remedies have been exhausted under this chapter, seek judicial review under the procedures provided for under the Land Use Planning Act and other applicable state law.

(Ord. No. 72rr, § 14.3, 1-9-2017)

An affected person may make an appeal from a ruling of the zoning official in writing to the board within 15 calendar days of the ruling.

(Ord. No. 72rr, § 14.4, 1-9-2017)

All petitions and appeals provided in this chapter shall be made on forms prescribed by the planning and building services department.

(Ord. No. 72rr, § 14.5, 1-9-2017)

At any time after the initial public hearing is opened or after the final decision, an applicant, affected person, the planning and zoning commission, or the board may call for mediation of any application pursuant to this chapter. Procedures for mediation shall comply with Idaho Code, § 67-6510.

(Ord. No. 72rr, § 14.6, 1-9-2017)

No person, except the planning and zoning commission or the board, shall re-initiate an application for a zoning amendment, planned unit development, conditional use permit, or variance permit for any property for which a previous application has been submitted and denied, within one year after final determination of such application. This limitation shall not apply where a material change in circumstances has occurred since the date of denial.

(Ord. No. 72rr, § 14.7, 1-9-2017)