A. Purpose And Application: It is the policy and intent of the city to adopt standard procedures for conducting all hearings which may hereafter be required under the provisions of Idaho Code title 67 or this code, so as to ensure that all applicants and other interested persons are provided with proper notice of such hearings, and an opportunity to be heard before an impartial fact finding body. The provisions of this section shall apply to all hearings conducted before the planning and zoning commission, and to all hearings before the city council arising under title 9, "Zoning", of this code, and to such other hearings before the city council arising under other titles of this code, which the city council may hereafter, by separate ordinance, make the provisions of this section applicable by reference.
B. Open Meeting Law Applicable: All hearings under this code shall be open to the public, and the provisions of the Idaho open meetings law 1 shall be applicable thereto.
C. Notice Of Hearings: Unless otherwise provided by Idaho law, written notice of all hearings shall be provided at least fifteen (15) days prior to the date scheduled for the public hearing by posting said notice on the bulletin board on the front of the city hall and at least one other location within the city which is frequented by the public, and by publishing the notice of hearing in the city's official newspaper, or a paper of general circulation within the city. The notice of hearing shall contain, at a minimum, the date, time, location and brief summary of the subject matter of the hearing. Additional notice of hearing on certain types of applications shall be provided as follows:
1. In the case of applications for a special use permit, a conditional use permit, a variance or a zoning district boundary change, additional notice of the hearing shall be provided by mail to property owners or purchasers of record 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 impacted by the proposed change as determined by the planning and zoning commission, or by the city council. Notice shall also be posted in at least one conspicuous place on the land covered by the application at least one week prior to the hearing.
2. The member of the planning and zoning commission or the city official posting said notice shall file a certification of the date, time and location where the notice was posted.
D. Records Transcribed:
1. Required: A transcribable verbatim record of all hearings shall be made of all hearings, and the same shall be kept for a period of not less than six (6) months after a final decision on the subject matter of the hearing. Any method of recording the hearing that will ensure the availability of a transcribable verbatim record is acceptable, and may include videotaping of the hearing.
2. Expense: Upon written request within the time period provided for the retention of the record of any hearing, any person may have the record transcribed at his expense. The secretary of the planning and zoning commission, or the city clerk, as the case may be, may require the person requesting the transcript to pay the estimated costs of transcribing the record in advance.
E. Minutes:
1. Required: In addition to making appropriate provisions for the recording of hearings, the secretary of the planning and zoning commission shall take, and permanently keep, written minutes of all hearings before the commission, and the city clerk shall take, and permanently keep, written minutes of all hearings before the city council.
2. Contents: The written minutes of all hearings shall include, at a minimum, the following information:
a. All members of the commission or city council, as the case may be, present;
b. All motions, resolutions or recommendations proposed and their disposition; and
c. The results of all votes, and upon request, the vote of each member or council member by name.
F. Conduct Of Hearings:
1. Presiding Officer: The chair of the planning and zoning commission shall preside over all hearings before the planning and zoning commission; and the mayor shall preside over all hearings before the city council. The presiding officer may prescribe such rules of procedure and conduct, not inconsistent with the provisions of this section or other applicable law, as he may deem appropriate and expedient for the conduct of each hearing.
2. Sequence Of Events: The order of business in all hearings under this section shall be as follows:
a. Explanation of the hearing procedure and ground rules by the presiding officer;
b. Presentation by the applicant;
c. Written correspondence or testimony;
d. Testimony by persons supporting the application;
e. Testimony by persons uncommitted on the application;
f. Testimony by persons opposing the application;
g. Rebuttal by applicant;
h. Closing of the hearing and initiation of deliberations;
i. Development of findings of fact and conclusions of law.
G. Written Findings Required: Within twenty (20) days after the conclusion of a hearing, the planning and zoning commission or the city council, as the case may be, shall adopt written findings of fact and conclusions of law pertaining to the subject matter of the hearing, which shall include a summary of the testimony and other evidence presented at the hearing. (Ord. 327, 3-1-1994)
Notes
| 1 | 1. IC §§ 67-2340 – 67-2347. |