A. Hearings:
1. The commission shall hold a hearing on each application submitted for which a hearing is required within ninety (90) days after application submission, excluding planned community applications, which shall be held no later than one hundred twenty (120) days after application submission.
2. Notwithstanding subsection A1 of this section, no hearing shall be held by the commission on a planned community implementation plan until the board has approved the planned community subarea comprehensive plan; provided further, the period for issuing a decision described in subsection B of this section shall not commence to run until the board has approved the planned community subarea comprehensive plan.
3. Prior to the public hearing, public notice shall be provided as set forth in section 8-7A-5 of this article.
B. Decision: The commission shall conduct the public hearing in accord with its adopted bylaws. The commission may continue the hearing if it determines in its discretion that additional hearings are necessary. The commission, however, must issue a decision or recommendation, as is applicable, no later than one hundred eighty (180) days after the date of the application submission, excluding planned community applications, for which the commission must issue a recommendation no later than two hundred forty (240) days after submission of the application, and siting of a tower or antenna structure, commercial for which the commission must issue a decision within one hundred fifty (150) days after submission of the application. Failure of the commission to issue a decision or recommendation within the time periods allowed in this section shall be deemed a denial or a recommendation of denial of the application, provided, however, the commission and applicant may mutually agree to extend the time periods for a decision to be made.
C. Conditions Of Approval: The commission may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.
D. Findings Of Fact: The commission shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code sections 67-6519 and 67-6535 stating the reasons for the decision or recommendation reached. Conditions of approval shall be attached to the written decision or recommendation. For applications where the commission is acting as a recommending body, the commission shall forward their recommendation to the board.
E. Report: For applications where a decision or recommendation is required by this title, the commission shall file a written report with the clerk of the board stating the findings and action taken by the commission. Such report shall be filed no later than ten (10) days after the written decision or recommendation. (Ord. 389, 6-14-2000; amd. Ord. 426, 9-26-2001; amd. Ord. 588, 7-13-2005; amd. Ord. 659, 3-28-2007; amd. Ord. 683, 1-23-2008; amd. Ord. 738, 2-23-2010; amd. Ord. 757, 8-11-2010)