The council shall designate an administrator to administer this title. The administrator may be provided with the assistance of such other persons as the council may direct. The duties of the administrator shall include, but not be limited to:
A. Advise interested citizens of this title provisions.
B. Inform the news media regarding land use and zoning matters of public interest.
C. Aid applicants in the preparation of required forms and permit applications. Where practical, related permits may be combined for the convenience of the applicant.
D. Recommend enforcement of this title in accordance with chapter 17.15 of this title.
E. Receive, file and transmit to the hearing examiner, commission and council all applications, past history, transcripts and other communications on which they must act. Advise the hearing examiner, commission and the council of pertinent provisions of this title regarding proposals.
F. Maintain permanent and current records of applications, zoning changes, variances, conditional use permits, planned unit developments, and of the hearings and action thereon.
G. Inspect all filed plats pursuant to the Hailey city subdivision ordinance.
H. Maintain a current official zoning map and interpret boundaries of zoning districts.
I. Provide a liaison between the commission and council.
J. Make interpretations of this title. (Ord. 1191, 2015)
A. Qualifications And Designation Of Hearing Examiners: Hearing examiners shall be professionally trained or licensed planners, engineers or architects pursuant to Idaho Code section 67-6520, as amended. Hearing examiners shall have experience in the field of planning and zoning or in the field of architecture. The mayor shall appoint and the council shall confirm the hearing examiners. The council shall determine compensation and other contractual terms with hearing examiners, and shall have the power, subject to any contractual terms, to dismiss any hearing examiner.
B. Referral Of Applications To Hearing Examiners:
1. The types of applications that shall be referred to the hearing examiner are as follows:
a. Design review of projects located within the light industrial (LI) district;
b. Design review of projects qualifying for approval by consent agenda pursuant to section 17.06.020 of this title;
c. Conditional use permits;
d. Variances;
e. Design review of new single-family dwellings, duplexes, accessory dwelling units, accessory structures (requiring a building permit), and additions that add floor area equal to or greater than fifty percent (50%) of the original structure, within the townsite overlay district;
f. Those rezone applications determined by the administrator to have no substantial impact on adjacent properties or on the community at large;
g. Short plats pursuant to section 16.03.040 of this code.
The administrator and chair of the commission, jointly, shall have discretion and authority to refer certain of the above listed application types to the commission.
2. Applications which otherwise shall be referred to the hearing examiner, may be heard by the commission when such applications are submitted concurrently with other applications which shall be heard by the commission, as determined by the planning and zoning administrator and chair of the planning and zoning commission, jointly.
3. If no hearing examiner is appointed or there is a vacancy in the position of hearing examiner, the applications determined and defined herein shall automatically be referred to the commission.
C. Notice, Hearing And Records: Except as otherwise provided in this chapter, the requirement for notice, hearing and records for an application before the hearing examiner shall be as provided in this title and state law for the hearing of such applications before the commission.
D. Duties Of Administrator: Upon receipt of an application which shall be referred to the hearing examiner, the administrator or other administrator's staff shall review the application for completeness. The administrator may require additional information to be submitted by the applicant pursuant to provisions of this title where such information is deemed necessary to further the evaluation by the hearing examiner. Upon finding that the application is complete, the administrator shall certify the same. The administrator shall refer the certified application and all information attached thereto to the hearing examiner. The certification of an application by the administrator shall be considered the effective date of the application, at which time the rights of the applicant shall vest.
E. Conduct Of Hearings: The hearing examiner shall review all information supplied by the administrator prior to the hearing. The hearing shall be conducted in accordance with this title and applicable state law upon a finding that notice was adequate and in compliance with requirements contained in this title and state law. Reasonable time limits may be established at the outset of the hearing, and both the applicant and other members of the public shall be given an opportunity to be heard. Hearings may be continued in accordance with this title. All hearings shall be tape recorded. A transcribable record of all hearings before the hearing examiner shall be kept and maintained pursuant to Idaho Code by the planning and zoning department.
F. Standards And Criteria: In hearing an application, the hearing examiner shall apply the standards and other criteria that are applicable under this title, other ordinances, the comprehensive plan and state law.
G. Hearing Examiner's Findings And Decision:
1. After a hearing is closed, the hearing examiner shall prepare a written document (hereinafter referred to as "findings of fact, conclusions of law and decision") pursuant to Idaho Code section 67-6535(b), as amended.
2. The findings of fact, conclusions of law and decision as prepared by the hearing examiner shall be signed and filed with the administrator and shall be available to the applicant and the public no more than forty five (45) days after the close of the hearing.
H. Appeals From Decisions Of Hearing Examiner: The findings of fact, conclusions of law and decision of the hearing examiner may be appealed to the commission in the manner prescribed by section 17.03.050 of this chapter, provided a notice of appeal is timely filed as required by that section. (Ord. 1191, 2015)
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