Public hearings required by this title shall be conducted as follows:
A. The public hearing shall proceed in the following order:
1. The chairperson shall announce that the public hearing is opened, and state the purpose and subject of the hearing.
2. The chairperson shall ask if any members of the board or Planning or Zoning Commission wish to declare a conflict of interest in the matter to be considered, and excuse members who do so from further participation in the hearing in their official capacity.
3. The chairperson shall ask the staff to present its report on the proposal being considered. The staff report and presentation shall include a summary of the proposal, the sections of this title related to the processing of the proposal, a summary of the written testimony, and responses thereto, submitted up to the time of the hearing, and a recommendation including conditions, findings and conclusions.
4. Following the staff report, the chairperson shall ask for a statement from the person (and/or a designated representative) who has requested action on the proposal.
5. Following the statement, the chairperson shall entertain questions from members of the Planning or Zoning Commission or the board, for the staff or for the applicant regarding the location and nature of the proposal.
6. The chairperson shall then entertain statements from the public. Any testimony given shall specifically address the proposal's compliance or lack of compliance with the requirements of this title, requirements of Idaho Code, applicable statutes or regulations, or the Bonner County comprehensive plan. After having been recognized by the chairperson, members of the public shall state for the record their name and place of residence prior to making their statement. Members of the public may be permitted to speak for three (3) minutes, or as otherwise determined by the chairperson. Questions or comments made by the recognized member of the public shall be directed to the chairperson. The chairperson shall not entertain irrelevant statements, and shall not entertain statements that are inflammatory, personally attacking or derogatory toward any board or Planning or Zoning Commission member, staff member, elected official, member of the public or business. Any unrecognized comments or disruptive behavior will be grounds for removal from the hearing by the chairperson and may subject the person or persons being removed to criminal prosecution according to law. The chairperson may direct staff to respond to any questions raised.
7. When all statements by members of the public have been given, the chairperson shall call for discussion among the Planning or Zoning Commission or board. The chairperson will entertain any questions by members of the Planning or Zoning Commission, or the board, to be directed to any person present, including staff members, in order to clarify statements or elicit further information that commission or board members feel is necessary to evaluate the application.
8. Following any questions, the Chairperson shall afford the applicant or a designated representative an opportunity to present rebuttal to any statements or to clarify his or her own statement. New statements, the introduction of new information, or new exhibits shall not be permitted at this time.
9. After the applicant's rebuttal and clarifications have been given, the Chairperson shall announce that the hearing is closed to further testimony.
10. The Chairperson shall then call for discussion among the Planning or Zoning Commission or Board members. As a part of this discussion, members may direct questions to planning staff members.
11. At the close of the discussion, the Chairperson shall entertain any motions relevant to the proposal under consideration. Motions may include, but are not limited to:
a. Motions for recommendation, approval or denial as appropriate;
b. Motions to continue the public hearing to a future certain date, pending the receipt of additional information or the modification of the proposal;
c. Motions to reopen the public testimony portion of the public hearing, if new information has been introduced or become available; or
d. Motions to close the public hearing and/or continue discussion on the proposal until a future certain date.
B. The following procedures may be used at the option of the Chairperson and are intended for use at public hearings where large numbers of persons are expected to testify or where several public hearings are on the agenda:
1. The Chairperson may impose a reasonable time limit on statements from the applicant, the public or persons representing groups.
2. The Chairperson may request that persons wishing to testify register their intention to do so with the Secretary. The Chairperson will then use the register to call on persons to present their statements.
3. The Chairperson may extend the period for written statements to be accepted for the hearing record to a future certain date. The applicant may request an equivalent time for rebuttal, which shall be limited to a future certain date. During such an extension of time, the public hearing remains open.
C. Written statements, plans, drawings and similar materials offered in support of statements at a public hearing are part of the hearing record, and shall be marked with an exhibit number and shall be retained by the County. Written statements shall be submitted to the Planning Department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. The Chair may request the document be read into the record. All written statements shall include the name, signature and address of the person submitting the document. The Chair may rule as inadmissible any written document that fails to meet these standards. Nothing contained herein prohibits the Chair or Governing Body from extending the written comment period as provided by this title. (Ord. 501, 11-18-2008; amd. Ord. 520, 12-8-2010; Ord. 590, 6-12-2019; Ord. 661, 3-18-2022)