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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)
The council shall establish bylaws for the Hailey Planning & Zoning Commission for the purpose of providing direction to the members of the Commission in the performance of their duties.
A. Number of Members, Appointment, Compensation, Etc.: The membership and appointment of the Commission shall be governed by the provisions of Idaho Code 67-6504 as amended, and applicable ordinances of the City of Hailey.
1. The Commission shall consist of no more that five (5) voting members. Each member shall be appointed by the Mayor and confirmed by the Council. The Council, in creating the Commission, shall provide that the areas and interests within its jurisdiction are broadly represented on the Commission. Each member shall have been a resident of the City of the two (2) years prior to appointment to the Commission and shall be a resident of the City at the time of appointment, except that one (1) member may reside outside the corporate limits of the City, but within the City's Area of Impact, in which case the members hall have been a resident of Blaine County for the two (2) years prior to appointment.
2. Each member must remain a resident of the City, or, in the case of the City's Area of Impact, within the impact area, during the term of his or her membership on the Commission.
3. Each member shall serve for a term of three (3) years. The terms shall be staggered n group of two (2), two (2), and one (1), respectively, and shall be filled in the same manner as original appointments, but replacements shall service only until the expiration of the original term.
4. No person may serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the Council adopted by motion and recorded in the minutes.
B. Causes for Removal from the Commission: Commission members may be removed from the Commission for cause by a majority vote of the Council. Causes for removal of members from the Commission by the Mayor and Council may include, but are not limited to:
1. Failure to maintain reasonable familiarity with state statutes and local ordinance and rules affecting the Commission, or failure to abide by those rules.
2. Failure to disclose a conflict of interest as defined under Idaho Code.
3. When a member becomes incapacitated for the office for a protracted period, or moves from the City of Hailey or the Area of Impact or becomes for some other reason no longer qualified for office and fails to resign.
4. Failure to attend three consecutive regular meetings, or three of any seven consecutive meetings, without the recorded consent of the Chair, shall be construed by the Chair as grounds for removal. The Chair would then recommend removal of the Commissioner to the Council.
5. Other good cause.
C. Resignation, Vacation of Office, Appointment of New Members: Members proposing to resign shall give reasonable notice of such intent to the Mayor. When a member dies or resigns, or when the term of a member is ninety (90) days from its scheduled expiration, the Hailey Planning and Zoning Administrator will immediately notify the Mayor that a vacancy either exists or could exist. The Administrator shall then advertise the vacancy and shall receive letters of interest and resumes from all individuals interested in service on the Commission. The Mayor may consider relative experience, years in the community, communication skills, dedication to the community and the location of the applicant's residence in selecting individuals for appointment. A majority vote of the Council is required to confirm the appointment before the appointment is effective. (Ord. 1253, 2019)
A member or employee of the council or commission or a hearing examiner shall not participate in any proceeding or action when the member or employee, or their employer, business partner, business associate, or any person related to them by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this section shall be a misdemeanor. (Ord. 1191, 2015)
A. Filing: An applicant or affected person may appeal a final decision of the administrator, hearing examiner or commission may appeal in writing any final decision by filing a written notice of appeal with the Hailey city clerk within fifteen (15) days from the date of the decision. An appeal of a final decision by the administrator or the hearing examiner shall be heard by the commission. An appeal of a final decision by the commission or an appeal of a decision heard on appeal by the commission shall be heard by the council. Any appeal shall not be a de novo hearing and shall be based solely on the record before the administrator, hearing examiner or commission, as the case may be. The record shall consist of all the documents presented to administrator, hearing examiner or commission (such as the application, supporting documents, letters and studies), the minutes of any meeting and the findings of fact and conclusions of law. The appellant may also have a verbatim transcript of the hearing before the hearing examiner or commission prepared to be submitted on appeal. The cost of the preparation of the record and transcript shall be paid by the appellant. The appeal shall specifically state the decision appealed, the issues to be raised on appeal and reasons for the appeal. If no appeal is filed within the fifteen (15) day period, the decision shall be deemed final.
B. Costs And Fees: At the time of the filing of the notice of appeal, the appellant shall pay the costs of preparing the transcript and record estimated by the administrator and the fee for filing an appeal, as established by ordinance. The administrator will prepare one original transcript (if applicable) and record and eight (8) copies of the transcript (if applicable) and record. If the costs of preparing the transcript and record exceed the estimated costs paid by the appellant, the appellant shall pay the difference before a hearing on the appeal is heard.
C. Hearing: Once the transcript and record have been prepared, the administrator shall schedule a hearing on appeal with the commission or council for the next available hearing date. If the appellant desires to file a brief in support of the appeal, the appellant shall file an original brief and eight (8) copies of the brief with the administrator five (5) business days before the scheduled appeal hearing. If the brief is not timely filed, the commission and the council may elect not to consider the brief. The appellant and appellant's representative and a city representative shall only be entitled to present argument before the commission or council.
D. Request For Reconsideration Required: Failure to identify the nature of compliance or noncompliance with express approval standards or failure to explain compliance or noncompliance with relevant decision criteria or standards shall be grounds for invalidation of an approved permit or site specific authorization, or denial of the same, on appeal. An applicant or affected person who seeks judicial review of a decision by the administrator, hearing examiner, commission or council must first seek reconsideration of the final decision within fourteen (14) days. A request for reconsideration shall be made to the person or body who has the authority to make a final decision but does not have to be made to a person or body who makes a recommendation. A request for reconsideration must allege and identify specific deficiencies in the decision. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of an appeal or judicial review unless the process required herein has been followed. The time to file an appeal or to seek judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. (Ord. 1191, 2015)
A. Applicability: The mediation of land use decisions will be governed by the provisions in Idaho Code section 67-6510, as amended, and this section.
B. Public Hearing: If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing, consistent with the type of hearing which resulted in the original decision, before the decision making body.
C. Time Limit For Action: The council shall act on the mediation recommendations within sixty (60) days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 1191, 2015)
A. Forms And Fees: Applications for permits or approvals under this title shall be submitted to the administrator upon forms furnished by the city along with applicable fees established by ordinance. The original application shall be kept on file at city hall.
B. Certification Of Application: The certification of an application under this title by the administrator shall be considered the effective date of the application, at which time the rights of the applicant shall vest. The administrator shall certify the date when an application is deemed complete for the purpose of beginning the review process.
C. Determination Of Completeness: The administrator shall issue a determination whether the application is complete within thirty (30) days of the receipt of the application. If an application is incomplete, but following receipt of additional materials is found to be complete by the administrator, the administrator shall issue a certification within fifteen (15) days. The administrator shall, upon certification of an application as complete, schedule review of an application at the earliest available meeting date of the council, commission or hearing examiner, as the case may be. Unless the council, commission or hearing examiner finds that additional time is needed, findings of fact, conclusions of law and decision/ recommendation shall be issued and mailed within thirty (30) days of the decision/recommendation.
D. Public School Facilities: Applications for public school facilities shall be given priority consideration and shall be scheduled for the earliest reasonable meeting of the appropriate reviewing body, regardless of the timing of its submission relative to other applications which are not related to public school facilities, pursuant to Idaho Code section 67-6519, as amended.
E. Fast Track:
1. Applications for projects providing community housing unit(s), projects eligible to be certified as an Energy Star project, projects eligible to be certified according to the leadership in energy and environmental design (LEED) green building rating system or projects within the central business district may be eligible for fast track status and scheduled for the earliest reasonable meeting of the appropriate reviewing body, regardless of its submission relative to other applications (except for public school facilities). In no case shall an application for which legal notice has been published be rescheduled to allow for priority scheduling of another application subject to the fast track process.
2. Fast track status may be given provided:
a. The applicant submits the regular application form and fee, plus an additional nonrefundable fee for fast track status, as established by ordinance.
b. The applicant submits the following conceptual plans:
(1) Site plan showing structures, parking and circulation;
(2) Utilities plan showing location and size of water and sewer and location of other utilities;
(3) Preliminary drainage plan;
(4) Preliminary landscaping plan;
(5) Preliminary lighting plan;
(6) Conceptual building elevations.
c. The applicant attends a preapplication meeting, following department head review of the conceptual plans submitted. The attendees at the preapplication meeting shall include the applicant and the applicant's representatives, and representatives from applicable departments (e.g., planning and zoning, building, public works, engineering, fire and police departments).
d. The applicant submits all of the complete plans as set forth on the applicable city application form, and as specified by the department heads at the preapplication meeting, by the deadline(s) agreed upon at the preapplication meeting.
e. If items are not submitted by the deadline(s) set forth at the preapplication meeting, a onetime late fee will be charged to continue fast track status. Failure to meet deadline(s) more than once will cause the application to lose the fast track status and will be scheduled as set forth in subsection C of this section.
f. Notwithstanding the expedited review established herein, all notice requirements established by ordinance and state law shall be followed.
g. In the event the applicant seeks a building permit in conjunction with an application that complies with the fast track status, the building official shall review the building permit application at the earliest reasonable time, regardless of its submission relative to other applications, provided the applicant has submitted the applicable building permit fees and additional fast track status fees as established by ordinance, has submitted complete documents for review by the building official, and other applicable departments, and the application complies with all applicable codes, ordinances and laws. (Ord. 1191, 2015)