A. Establishment: The Latah County Zoning Commission shall serve as the Land Use Board of Appeals. All organization, rules and procedures of the Zoning Commission shall apply to the Land Use Board of Appeals.
B. Jurisdiction: The Land Use Board of Appeals shall hear appeals of any written decision of the Planning Department regarding the department's interpretation or administration of the provisions of this title. The Land Use Board of Appeals may affirm, modify, or reverse the decision of the Planning Department. The Land Use Board of Appeals shall not have the authority to waive the requirements of this title or take any action that is contrary to the specific provisions of this title.
C. If an applicant wishes to appeal a decision made by the Planning Department, the applicant must first appeal to the Land Use Board of Appeals in accordance with this section. If the applicant then wishes to appeal the decision of the Land Use Board of Appeals, the applicant may request reconsideration by the Board of Latah County Commissioners in accordance with section 9-1-12 of this chapter. An applicant may not bypass the appeal process required by this section.
1. Appeal Procedure:
a. An appeal period of fourteen (14) days will begin upon the date of the Planning Department's written decision. Any affected person may appeal a decision of the Planning Department.
b. The appellant must specify the issues on appeal and shall submit the written appeal and fee to the Planning Department within the fourteen (14) day period described in subsection C1a of this section. The written appeal must specify which portions of the decision the appellant finds to be in error and explain the appellant's reasons for determining that the decision is in error and contrary to the provisions of this title. The Planning Department shall provide a report to the Land Use Board of Appeals that provides any additional explanation as to the decision it made, which shall also be made available to the appellant upon completion.
c. The Land Use Board of Appeals shall hold a meeting on the request for appeal and provide a written decision to the applicant or affected person within sixty (60) days of receipt of the request for appeal. This meeting shall be limited to consideration of the issues on appeal. The appellant and Planning Department may submit additional evidence during the meeting, if permitted by the Land Use Board of Appeals.
2. Reconsideration Of Board Decisions: Pursuant to Idaho Code section 67-6535, decisions of the Land Use Board of Appeals may be reconsidered by the Board of Latah County Commissioners, as set forth in section 9-1-12 of this chapter.
3. Effective Date: No Land Use Board of Appeals' decision shall become effective and, if applicable, no building or installation permit shall be issued, until the fourteen (14) day reconsideration period (subsection 9-1-12C1a of this chapter) has elapsed or until the Board of Latah County Commissioners has made a decision upon reconsideration. (Ord. 392, 8-16-2021)