A. Purpose: The purpose of this section is to outline the specific application process for actions that require a public hearing unless otherwise required by Idaho Code.
B. Public Notice Requirements: Applications that require a public hearing shall be noticed in accord with the noticing requirements, as set forth in table 3.1 of this section, and the following relevant procedures:
1. Radius Notice: For applications that require radius notice:
a. Application Submittals: Application submittals shall include a public notice describing the proposal on a form provided, and stamped, addressed envelopes to all property owners required to be notified of the public hearing.
b. Public Notice Sent: At least fifteen (15) days prior to the public hearing, the city shall send the public notice of the time, place and description of the application by first class mail to the property owners required to be notified of the public hearing.
c. Vacation And Minor Subdivision Requests: In the case of vacation and minor subdivision requests, radius notice shall be sent by certified mail.
d. Alternate Mailing Notice: When mailed notice is required to two hundred (200) or more property owners, alternate notice may be provided by a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper at least fifteen (15) days prior to the hearing date and posting of notice on all external boundaries of the site.
e. Property Owners Within Three Hundred Feet: When mailed notice is required to property owners or purchasers of record within three hundred feet (300') as set forth in table 3.1 of this section, notice shall also be provided to property owners or purchasers of record within the land being considered and for any additional area that may be substantially impacted by the proposal.
f. Adjacent Property Owners: When mailed notice is required to adjacent property owners or purchasers of record as set forth in table 3.1 of this section, notice shall also be provided to property owners or purchasers of record within the land being considered and for any additional area that may be substantially impacted by the proposal.
2. Publication: For applications that require publication, the city shall provide a public notice of the time, place, and description of the application in the official newspaper of general circulation at least fifteen (15) days prior to the public hearing except as provided below.
a. Vacation Requests: Legal notice shall be published once a week for two (2) successive weeks, the last of which shall not be less than seven (7) days prior to the public hearing.
b. Comprehensive Plan Amendment: If the commission recommends a material change to the plan after the public hearing, the public notice for the council hearing shall include the commission's recommendation.
3. Posting On Site: For applications that require posting on site, a public notice shall be posted by the city on all external boundaries of the site for which the permit is sought. The notice shall be posted not less than seven (7) days prior to the public hearing.
4. Agency Notification: For applications that require agency notice, at least fifteen (15) days prior to the public hearing, the city shall give notice to all political subdivisions providing services, including the school district. The city may transmit the notice, application and other documents submitted for review and recommendations to departments and other agencies and community organizations as adopted by the commission resolution.
TABLE 3.1: PUBLIC NOTICE REQUIREMENTS
Radius: Adjacent Properties | Radius: Properties Within 300 Feet | Publication | On Site | Agencies | ||
Radius: Adjacent Properties | Radius: Properties Within 300 Feet | Publication | On Site | Agencies | ||
Annexation | X | X | X | X | ||
Comprehensive plan amendment | X | X | ||||
Development agreement | X | X | ||||
Planned use development | X | X | X | |||
Special use permit or revocation | X | X | X | |||
Subdivision: | ||||||
Minor | X | |||||
Major | X | X | X | |||
Vacation of plat, alley or street | X | X | ||||
Variances | X | X | X | |||
Zone ordinance amendment | X | X | ||||
Zoning district boundary amendment | X | X | X | X | ||
Other land use application | X | X | ||||
C. Planning And Zoning Commission Public Hearing:
1. Hearing Date: Within sixty (60) days of receipt of an application certified as complete, or as reasonably appropriate consistent with staff or consultant workloads, the commission public hearing shall be conducted. Notwithstanding such certification, the commission may extend the time provided for review and action by making a finding that additional materials and/or information are required due to the complexity of the application or for other reasons deemed appropriate.
2. Public Hearing:
a. The commission shall hear all persons interested in an application at the duly noticed public hearing.
b. Written statements, mailed or hand delivered to city hall during or in advance of the public hearing, shall be entered into the record of the hearing.
c. The applicant shall offer competent evidence in support of the application sufficient to enable the commission to consider the matter and to make findings on the subject.
d. The applicant has the burden of providing all necessary and relevant information and evidence in support of the application.
3. Commission Action:
a. After hearing the evidence and considering the application, the commission shall make its decision or recommendation.
b. The commission shall report the facts upon which it based its conclusion, the ordinances and standards used in evaluating the application, the actions, if any, that the applicant could take to obtain approval, and make a decision or recommendation of approval or disapproval.
c. The commission shall make its findings and decision or recommendations within thirty (30) days from the closing of the public hearing, unless the commission determines that additional time is required to properly evaluate the application.
4. Commission Transmittal: Upon the recommendations of approval or disapproval by the commission, the application, together with a complete copy of the commission's findings and decision or recommendations, shall be transmitted to the council.
D. Council Action:
1. Public Hearing: Within thirty (30) days of receipt of the commission recommendations, or as reasonably appropriate consistent with staff or consultant workloads, the city shall decide whether or not they will hold a public hearing.
a. A public hearing by the council is required for comprehensive plan amendments and annexation proceedings if the commission recommends a material change to the plan or annexation proposal after the public hearing and does not hold a second public hearing or if the council makes a material change in the recommendation or alternative options contained in the recommendation by the commission.
b. A public hearing by the council is required if any person having an interest in real property which may be affected by a special use permit or variance permit may, at any time prior to final action by council, requests in writing that a public hearing be held by council.
c. In all other cases, the decision to hold a public hearing is at the discretion of council.
d. Unless otherwise required by the local land use planning act, Idaho Code section 67-6501 et seq., the public notice shall be made and the hearing conducted in the same manner as before the commission.
2. Council Decision: Upon conclusion of its review, the council shall take action on the application and adopt its findings of fact and conclusions at the next regular scheduled meeting unless the council determines that additional time is required to properly evaluate the application.
a. In its decision, the council shall base its findings upon record and report of the commission and, if taken, testimony presented before it.
b. The council may adopt, modify with conditions, or reject the recommendations of the commission; or remand the application to the commission for additional proceedings and findings.
c. The council findings of fact and conclusions shall specify the ordinance and standards used in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval.
d. Written notice of the council's action shall be provided to the applicant within ten (10) days of adoption of the findings of fact and conclusions. (Ord. 447, 3-5-2013)