(A) Hearing Procedures:
1. General:
(a) Any request for action, other than by the commission or the council, that requires a public hearing requires: (Ord. 464, 6-11-1990)
(1) The filing fee is set by resolution and reviewed annually. (Ord. 620, 3-8-2010)
(2) An additional amount to be paid by the applicant for the actual cost of notice mailing and publication of notice of hearing. This additional amount shall be paid prior to the hearing.
(b) Public hearings shall be held as provided by section 67-6509, Idaho Code, for:
(1) Request for amendment to the zoning ordinance, including zoning district boundary changes;
(2) Special-conditional use permit applications;
(3) Variance permit applications; and
(4) Requests for annexation of unincorporated areas.
(c) Notice shall be as follows:
(1) Amendment To The Zoning Ordinance: At least fifteen (15) days prior to the public hearing, notice of the time and place and the amendment to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.
(2) Zoning District Boundary Change: At least fifteen (15) days prior to the public hearing, notice of the time and place and boundary change to be discussed shall be published in the official newspaper, and additional notice shall be provided by mail to the property owners and residents within the land being considered; three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be impacted by the proposed change, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper.
(3) Special-Conditional Use Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered; and any additional area that may be substantially impacted by the proposed special use, as determined by the commission. When notice is required of two hundred (200) or more property owners or residents, alternate notice shall be provided by publication of notice two (2) times in the official newspaper. Not less than seven (7) days prior to the hearing, such notice of hearing shall be posted on the land being considered.
(4) Variance Permit Application: At least fifteen (15) days prior to the public hearing, notice of the time and place and summary of the variance to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction.
(5) Annexation Of Unincorporated Area: At least fifteen (15) days prior to the public hearing, notice of the time and place and a legal description of the area to be annexed shall be published in the official newspaper or paper of general circulation within the jurisdiction.
2. Amendment To Zoning Ordinance:
(a) The commission shall:
(1) Evaluate the request to determine the extent and nature to the amendment requested;
(2) If the request is in accordance with the comprehensive development plan, recommend to the council either adoption or rejection of the requested amendment; and
(3) If the request is not in accordance with the comprehensive development plan, recommend and the council may adopt or reject an amendment to the comprehensive development plan under the notice and hearing procedures provided in section 67-6509, Idaho Code.
(b) The council shall:
(1) If the request is in accordance with the comprehensive development plan, conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(2) If the request is not in accordance with the comprehensive development plan, no action may be taken for amending the zoning ordinance until the comprehensive plan has been amended, then action under subsection (A)2(b)(1) of this section may be taken.
3. Special-Conditional Use Permit Application: The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
4. Variance Permit Application: The commission shall conduct at least one public hearing in which property owners adjoining the parcel under consideration shall be heard.
5. Annexation Of Unincorporated Areas:
(a) The commission shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(b) If a material change is made in the comprehensive development plan further notice and hearing shall be provided before a recommendation is forwarded to the council.
(c) The council shall:
(1) Conduct at least one public hearing using the same notice and hearing procedures as the commission;
(2) Not hold a public hearing, give notice of a proposed hearing, nor take action until recommendations have been received from the commission;
(3) If a material change is made in the comprehensive development plan, further notice and hearing shall be provided before the council adopts the ordinance of annexation; and
(4) Concurrently or immediately following the adoption of an ordinance of annexation, the zoning map shall be amended. (Ord. 464, 6-11-1990)
(B) Appeals:
1. Within thirty one (31) days, after final action on any permit by the commission, an appeal of that decision, may be filled by the applicant with the council. Such appeal shall be in writing stating the error(s) of the commission, with particularity, and shall be filed with the city clerk prior to the expiration of the said thirty one (31) days; and
2. The council shall set a time and place for hearing of such appeal, which hearing shall be held within thirty one (31) days of the filing date of such appeal, and cause notice of such time and place to be delivered to the appellant, and publish one notice thereof, requiring all other persons wishing to participate in such appeal to file with the city clerk at least five (5) days prior to the time set for the hearing, a statement of their position, or appear at such hearing in support of their statement. Failure to file such statement or appear at the hearing shall be deemed a waiver of such appeal. (Ord. 620, 3-8-2010)
(C) Action By Affected Person:
1. As used herein, an "affected person" shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development or the use of property; and
2. An affected person aggrieved by a decision may within sixty (60) days, after all remedies have been exhausted under the local ordinances, seek judicial review under the procedures provided by sections 67-5215(b) through (g), and 67-5216, Idaho Code. (Ord. 464, 6-11-1990)