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St Anthony City Zoning Code

CHAPTER 17

03 Public Hearing

17.03.010 Public Hearings - Purpose

Public hearings are distinguished from ordinary public meetings by expressly allowing and encouraging 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. The resultant opinions and evidence submitted create part of the record upon which the decision-makers must base their decisions. Public hearing opportunities are governed by procedures adopted by the council (see Chapter 2.66 SAMC or succeeding ordinance) and are conducted 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. No. 2015-01, § 2, 2-26-2015)

17.03.020 Public Hearing - When Required

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.

  1. 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 council. The council shall render decisions concerning zoning ordinance text and map amendments either by passing an amending ordinance or declining to do so.
  2. 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 council.
  3. Special Use Permits. Special 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 council.
  4. Zoning Designation Upon Annexation. Zoning upon annexation requires public hearings before the planning and zoning commission or the council. The council shall decide zoning designation(s) upon annexation after a planning and zoning commission recommendation has been received.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.03.030 Public Hearing Notice

Prior to any required public hearing, notice shall be provided as required by law. The city clerk will administer provision of public notice in accordance with Chapter 2.66 SAMC of this code. 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.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.03.040 Alternative Public Hearing Notification

When public hearing notification is required for two hundred or more property owners or purchasers of record, the alternative procedure for official notice provided in I.C. §§ 67-6511 and 67-6512, or their successor, shall be given. The applicant shall bear the cost of alternative public hearing notice as determined by the administrator.

(Ord. No. 2015-01, § 2, 2-26-2015)

17.03.050 Public Hearing Procedures; Required

  1. Public hearing procedures are established in Chapter 2.66 SAMC of this code, by 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) shall be held by the planning and zoning commission, with an additional hearing to be conducted by the council upon its decision to do so.
  2. For public hearings concerning special use permit applications, variances, and subdivisions, there shall be one public hearing required, such hearing to be held by the planning and zoning commission. The council may schedule an additional public hearing concerning such matters if jurisdiction for a decision, by appeal or otherwise, comes to the council. Whenever Idaho Code authorizes the use of a hearing examiner, the 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. No. 2015-01, § 2, 2-26-2015)