A. Appointment; Duties:
1. This section authorizes the planning and zoning commission to use the services of a hearing examiner pursuant to the authority granted in the local planning act, specifically Idaho Code section 67-6520.
2. It shall be the duty of the examiner to review information provided by staff and other available sources and to hear public testimony on matters referred to the examiner. At the conclusion of each hearing, the examiner shall render a decision or recommendation, as appropriate, and provide findings of fact and conclusions of law, and a final order.
3. Persons filling the position of hearing examiner shall be experienced in the field of planning and zoning, and shall have legal training and/or experience. The hearing examiner shall be appointed, and may be dismissed, and compensation shall be determined, by the mayor with the consent of the city council.
4. The hearing examiner may conduct hearings on the following matters:
a. Variances;
b. Special exceptions;
c. Floodplain review;
d. Certain conditional use permits, including planned developments of less than two (2) acres, agricultural uses, childcare facilities, drive-through facilities, lot reduction in R-2 zones, parking reductions, and nonconforming uses;
e. Subdivision plats pursuant to title 12 of this code; and
f. Such other matters as the commission may deem appropriate, including, but not limited to, sign applications.
5. The director of the building department will assign matters to a hearing examiner or to the commission. Generally, applications of a routine nature that do not require important policy decisions may be heard by a hearing examiner.
B. Procedure Before Hearing Examiner:
1. A hearing examiner shall prepare and conduct public hearings as required by the terms of this title, according to a schedule determined and approved by the director of the building department. The timing of all hearings and the public notice provided for such hearings shall be in conformity with this title and with the local planning act. In addition, notice shall be provided to the registered neighborhood groups in which the property is located.
2. All applications shall be filed with the building department and that department shall schedule hearings before the examiner where appropriate, and provide notice as required by this title and the local planning act. Upon receipt of an application, the building department staff shall investigate and analyze such application, and shall forward all such information to the hearing examiner. A copy of the staff report shall be available for public review at least five (5) working days prior to the hearing.
3. The hearing examiner shall review all information supplied by the department prior to the hearing. The hearing shall be conducted in accordance with subsection 11-3-6D of this title and applicable state law. Reasonable time limits may be established at the outset of the hearing, and both applicant and other members of the public must be given an opportunity to be heard. All hearings shall be recorded.
4. At the completion of each hearing, the hearing examiner shall produce a report that includes a summary of such testimony, findings of fact and conclusions of law, and a final order. Such report shall be filed at the building department. It shall be available to the applicant and the public no more than ten (10) working days after the close of each hearing.
C. Appeal Of Hearing Examiner's Order:
1. An appeal of the hearing examiner's order must be filed with the building department within fourteen (14) days after the order is filed.
2. The basis for appeal must be stated in the petition.
3. The procedure for appeals of hearing examiner's orders is set forth in section 11-3-7 of this title. (2003 Code § 11-02-07)