A. Purpose: The purpose of this section is to outline the specific application process for actions that require a public hearing unless otherwise required by Idaho Code.
B. Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements, as set forth in table 11-1-4 of this section, and the following relevant procedures:
1. Radius Notice: For applications that require radius notice:
a. Submittal Of Addresses: At least twenty (20) days prior to the public hearing, the applicant shall submit a current list, compiled by a title company, of the addresses of all property owners required to be notified of the public hearing.
b. Mailing Of Notice: At least fifteen (15) days prior to the public hearing, the county shall send the public notice of the time, place and description of the application by first class mail to the property owners required to be notified of the public hearing.
c. Public Road Or Right Of Way Validation Or Vacation: In the case of public road or right of way validation or vacation requests, the radius notice shall be sent at least thirty (30) days prior to the public hearing.
d. Plat Vacation: In the case of plat vacation requests, radius notice shall be sent by certified mail.
e. Alternate Mailing Notice: When mailed notice is required to two hundred (200) or more property owners, alternate notice may be provided by a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper at least fifteen (15) days prior to the hearing date.
2. Publication: For applications that require publication, the administrator shall provide a public notice of the time, place, and description of the application in the official newspaper of general circulation at least fifteen (15) days prior to the public hearing except as provided below.
a. In the case of plat vacation requests, legal notice shall be published once a week for two (2) successive weeks, the last of which shall not be less than seven (7) days prior to the public hearing.
b. In the case of public road or right of way validation or vacation requests, the legal notice shall be published at least two (2) times, the last notice shall be published at least five (5) days and not more than twenty one (21) days before the hearing.
c. In the case of comprehensive plan amendments, if the commission recommends a material change to the plan after the public hearing, the public notice for the commissioners' hearing shall include the commission's recommendation.
3. Posting On Site: For applications that require posting on site, a public notice on a form provided shall be posted by the county on all external boundaries of the site for which the permit is sought. The notice shall be posted not less than seven (7) days prior to the public hearing.
4. Agency Notification: For applications that require agency notice, at least fifteen (15) days prior to the public hearing, the county shall give notice to all political subdivisions providing services, including the school district. The administrator may transmit the notice, application and other documents submitted for review and recommendations to departments and other agencies and community organizations as adopted by the commission resolution.
TABLE 11-1-4
PUBLIC NOTICING REQUIREMENTS
Application/Permit | Radius - Adjacent Properties | Radius - Properties Within 300' | Publication | On Site | Agencies |
Application/Permit | Radius - Adjacent Properties | Radius - Properties Within 300' | Publication | On Site | Agencies |
Comprehensive plan amendment | X | X | |||
Special use permit or permit revocation | X | X | X | ||
Subdivision - preliminary plat | X | X | X | X | |
Subdivisions - final plat | |||||
Vacation of any part of plat | X | X | X | ||
Vacation of county road/ROW | X | X | |||
Validation of county road/ROW | X | X | |||
Variance | X | X | X | ||
Other land use application | X | X | |||
C. Planning And Zoning Commission Public Hearing:
1. Hearing Date: Within sixty (60) days of receipt of an application certified as complete, or as reasonably appropriate and consistent with staff or consultant workloads, the commission public hearing shall be conducted. Notwithstanding such certification, the commission may extend the time provided for review and action by making a finding that additional materials and/or information are required due to the complexity of the application or for other reasons deemed appropriate.
2. Public Hearing:
a. The commission shall hear all persons interested in an application at the duly noticed public hearing.
b. Written statements, mailed or hand delivered to the county during or in advance of the public hearing, shall be entered into the record of the hearing.
c. The applicant shall offer competent evidence in support of the application sufficient to enable the commission to consider the matter and to make findings on the subject.
d. The applicant has the burden of providing all necessary and relevant information and evidence in support of the application.
3. Commission Action:
a. After hearing the evidence and considering the application, the commission shall make its decision or recommendation.
b. The commission shall report the facts upon which it based its conclusion, the ordinances and standards used in evaluating the application, the actions, if any, that the applicant could take to obtain approval, and make a decision or recommendation of approval or disapproval.
c. The commission shall make its findings and decision or recommendations within thirty five (35) days from the date of the public hearing, unless the commission determines that additional time is required to properly evaluate the application.
4. Commission Transmittal: Upon the recommendations of approval or disapproval by the commission, the application, together with a complete copy of the commission's findings and decision or recommendations, shall be transmitted to the commissioners.
D. Board Of County Commissioners' Action:
1. Public Hearing: Within thirty five (35) days of the receipt of the commission's recommendations, the county shall decide whether or not they wish to hold a public hearing.
a. A public hearing by the commissioners is required for comprehensive plans. In all other cases, the decision to hold a public hearing is at the discretion of commissioners.
b. The public notice shall be made in the same manner in which the hearing was noticed before the commission, unless otherwise required by the local land use planning act, Idaho Code section 67-6501 et seq.
c. At the hearing before the commissioners, the commissioners shall consider the record and report of the commission and shall hear all persons interested in the application.
d. Written statements, mailed or hand delivered to the county and received during or in advance of the public hearing, shall be entered into the record of the hearing.
e. The applicant shall offer competent evidence in support of the application sufficient to enable the commissioners to consider the matter and to make findings on the subject.
f. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application.
2. Commissioners' Decision: Upon conclusion of its review, the commissioners shall take action on the application and adopt its findings of fact and conclusions by the next regularly scheduled meeting unless the commissioners determine that additional time is required to properly evaluate the application.
a. In its decision, the commissioners shall base its findings upon record and report of the commission and, if taken, testimony presented before it.
b. The commissioners may adopt, modify with conditions, or reject the recommendations of the commission or remand the application to the commission for additional proceedings and findings.
c. The commissioners' finding of facts and conclusion shall specify the ordinance and standards used in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval. (Ord. 2013-132, 3-25-2013)