Any applicant or "affected person" as defined in section 11-10-1 of this title, who is aggrieved by any administrative decision of the planning and zoning commission may, within twenty-eight (28) days after the decision is made, appeal to the city council. Any applicant or “affected person” as defined in section 11-10-1 of this title, who is aggrieved by any administrative decision of the planner administrator or building inspector may, within twenty-eight (28) days after the decision is made, appeal to the planning commission.

Any applicant or affected person seeking judicial review of a final decision on a land use application must first seek reconsideration of the final decision within fourteen (14) days. (Ord. 2011-677, 6-13-2011; amd. Ord. 2025-784, 3-24-2025)

   A.   Requests For Reconsideration: Any request for reconsideration shall be in writing and must identify specific deficiencies in the decision for which reconsideration is sought. Requests for reconsideration shall be limited to the grounds set forth in section 67-6535, Idaho Code. The hearing and public notice shall be conducted according to the provisions of this chapter, and any other applicable provisions of this title. The request shall be heard by the city council, which will then make a decision on the request. 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.

   B.   Administrative Appeals:

      1.   Administrative appeals of decisions made by the planning commission shall be requested in writing and shall include an explanation of the grounds for the appeal. Appeals of decisions made by the planning commission shall be heard and decided by the city council, in accordance with the notice and hearing procedures of this chapter. Decisions made by the city council may be appealed to the district court as provided by law.

      2.   Administrative appeals of decisions made by the Planning Administrator or Building Inspector shall be requested in writing and shall include an explanation of the grounds for the appeal. Such appeals shall be initially heard by the planning commission, in accordance with the notice and hearing procedures of this chapter. The planning commission shall make a recommendation to the city council, who shall make the final decision on the matter after review of the planning commission's recommendation. City council review shall occur as an action item on a city council agenda. No council public hearing is required but a public hearing may be conducted on the matter with proper notice if requested by the mayor or council. (Ord. 2025-784, 3-24-2025)

Requests for reconsideration of administrative appeals shall be accompanied by an application fee, in accordance with the adopted fee resolution of the city. (Ord. 2025-784, 3-24-2025)

Upon receipt of the notice of appeal or request for reconsideration, the city shall set a date for a hearing on the matter at the next reasonably available regularly scheduled meeting of the appropriate hearing body. The city shall provide written notice of the time and place of the hearing to the appellant, to the owner if the owner is not the appellant, and to any persons who have lodged complaints in the matter or who have indicated that they wished to receive such notice, at least fifteen (15) days prior to the hearing. The appellant shall be responsible for payment of all costs associated with such notice. In addition, notices of regular and special meetings, including posting of agendas, shall be given in accordance with section 74-204, Idaho Code.

The following rules shall govern the conduct of all hearings of appeals of an administrative decision, appeals of the issuance of a notice of violation, and requests for reconsideration:

   A.   Hearings shall be open to the public according to the provisions of the Idaho open meetings law, title 74, chapter 2, Idaho Code, but shall not be considered "public hearings" under the local land use planning act, title 67, chapter 65, Idaho Code, and section 11-12-1 article 8.4 of this title.

   B.   The hearing shall be informal and strict rules of evidence shall not apply. The appellant and the city may be represented by counsel and present testimony and evidence at the hearing. The planning commission chair or the mayor shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues.

   C.   Testimony and submission of evidence shall be limited to the appellant, representatives of the city, and other affected persons. As a general rule, the following order of presentation should be observed:

      1.   Introduction of appeal or request by staff;

      2.   Appellant's case in chief;

      3.   Testimony and/or evidence in support of the appellant;

      4.   City's case in chief;

      5.   Testimony and/or evidence in support of the city; and

      6.   Appellant's rebuttal.

   D.   A transcribable record of the hearing in its entirety shall be made by mechanical, electronic or other means. Any party may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption. Any party may request preparation of a transcript of the hearing. Any transcript prepared at the request of the planning commission or city council shall be at city expense. Any transcript prepared at the request of any other party shall be at that party's expense. Expenses for any transcript prepared for purposes of judicial review shall be paid in accordance with rule 84 of the Idaho rules of civil procedure.

   E.   At the close of the hearing, the hearing body may take action on the appeal or request for reconsideration, or may take it under advisement by continuation of the hearing for a period not to exceed fourteen (14) days. The hearing body shall make its final decision on the matter within thirty (30) days of the close of the hearing. (Ord. 2025-784, 3-24-2025)

Appeals shall be based upon the grounds set forth in the written notice of appeal or request for reconsideration and shall be heard and acted upon by the hearing body in a de novo proceeding. The burden of proof shall upon the appellant to establish, by a preponderance of the evidence, that the staff, planning commission, or council action was erroneous. (Ord. 2025-784, 3-24-2025)

(Rep. by Ord. 2025-784, 3-24-2025)