If Idaho law or Hailey ordinance requires a public hearing, the following procedure shall be followed with regard to all public hearings conducted by and before the city council and the planning and zoning commission:
A. City staff shall present an introduction and orientation;
B. The mayor, city council members and planning and zoning commission members shall disclose whether they have viewed the property subject of the public hearing, and whether they have had an ex parte communication with the applicant, a member of the public or a representative of the applicant or a member of the public about the application being considered. The approximate date and who was present during a site visit should be disclosed. Ex parte communications must be disclosed by identifying the person and the person's employment or affiliation, and by providing a general description of the communication;
C. The applicant or interested party shall be then afforded the opportunity to present an explanation of the application, request or other matter being considered by the city council or planning and zoning commission;
D. The members of the city council or planning and zoning commission shall have the opportunity to direct questions to the applicant or interested party;
E. Public hearing shall then take place, and members of the public shall be afforded the opportunity to be heard. The presiding officer shall have the discretion to set limits as to the time each individual may speak and/or the number of times each individual may speak. The presiding officer shall also have the authority to set an overall time limit for the entire public hearing;
F. After completion of all testimony and/or public comment, or at the conclusion of the time limit set for the public hearing, whichever shall first occur, the public hearing shall be closed;
G. The applicant shall be afforded a right to rebut any testimony or evidence presented as public comment;
H. In the event new material evidence is introduced after the public hearing is closed, the presiding officer shall again open the public hearing for the limited purpose of addressing the new evidence, in which case the applicant shall again be afforded a right to rebut any additional testimony or evidence;
I. A decision may then be rendered on the merits of the application or matter before the city council or planning and zoning commission, and shall be based on written findings of fact and conclusions of law to be prepared by the staff and presented for adoption at the next regular meeting of the city council or planning and zoning commission; and
J. Any matter under consideration by the city council or planning and zoning commission may by a motion properly made, seconded and passed, tabled to a date uncertain or continued to a date certain, at which time the matter will be taken up again for action or decision. (Ord. 1010 §§ 1 - 3, 2008; Ord. 1005 § 1, 2008; Ord. 564 §§ 1, 2, 1990)