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A. Establishment: The Latah County Zoning Commission is hereby established as provided for by Idaho Code section 67-6504. This commission shall be composed of five (5) members assigned to positions A through E.
B. Organization: The Zoning Commission shall elect a Chairman, Vice Chairman, and Secretary. This commission shall abide by the provisions of this title, the Local Land Use Planning Act, and shall also adopt bylaws as required.
C. Terms Of Office: Position A shall first expire December 31, 2009, and then every six (6) years thereafter. Positions B and C shall expire December 31, 2011, and every six (6) years thereafter. Positions D and E shall expire December 31, 2007, and every six (6) years thereafter. Appointment to complete the term of a vacated position or appointment to a new term shall be done by motion and order of the Board of Latah County Commissioners.
D. Jurisdiction: The Zoning Commission shall be responsible for holding quasi-judicial hearings required by this title and Idaho Code for applicant initiated land use requests. When requested by staff, by a majority of the Zoning Commission members, or by the Board of Latah County Commissioners, the Zoning Commission or Board of Latah County Commissioners may appoint a hearings examiner in accordance with Idaho Code section 67-6520 upon approval by the Board of Latah County Commissioners. (Ord. 392, 8-16-2021)
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)
A. Reconsideration: An applicant or affected person may seek reconsideration to the Board of Latah County Commissioners, in accordance with Idaho Code section 67-6535, of any decision made by the Zoning Commission, the Land Use Board of Appeals, or the Board of Latah County Commissioners.
B. Submitting Written Request: An applicant or affected person must submit a written request for reconsideration and fee to the Planning Department within fourteen (14) days after the service date of the underlying decision.
C. Contents Of Request; Time Limit: A written request for reconsideration must identify and explain the specific deficiencies in the decision for which reconsideration is sought. Once a written request for reconsideration is timely submitted, any other affected person may submit a written statement in regard to the request for reconsideration. Such written statement must be submitted to the Planning Department within fourteen (14) days after a request for reconsideration is submitted.
D. Hearing:
1. The Board of Latah County Commissioners shall hold a hearing on the request for reconsideration and provide a written decision to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration. If a written decision is not issued within sixty (60) days, the request shall be deemed denied.
2. The hearing shall be limited to consideration of the issues included in the request for reconsideration. The Board of Latah County Commissioners shall only consider the underlying record; the written request for reconsideration; and written statements submitted by affected persons, if any. The Board of Latah County Commissioners may, but is not required to, allow oral argument by the appellant, any affected person, the Planning Department, the Zoning Commission, the Land Use Board of Appeals, or the Board of Latah County Commissioners. Such oral argument shall be limited to facts that were previously established and are contained in the underlying record.
3. Presenting Additional Evidence: Additional evidence may be presented only if the Board of Latah County Commissioners remands the decision back to the Zoning Commission, or the Land Use Board of Appeals, or the Board of Latah County Commissioners. The Board of Latah County Commissioners may only remand once. The Board of Latah County Commissioners may remand the decision when the appellant or respondent requests leave to present additional evidence. To remand a decision, the Board of Latah County Commissioners must find, in writing, that the additional evidence is material, relates to the validity of the underlying decision, and there was good reason for failure to present the additional evidence before the original decision making body. The order remanding the matter shall describe the nature of the additional evidence to be presented, and presentation of additional evidence on remand shall be limited to the evidence described in the remand order. The additional evidence shall be presented at a duly noticed public hearing. An appellant or affected person may seek reconsideration of the resulting decision in accordance with the procedures set forth in this section.
4. Decision Of Board of County Commissioners: Upon reconsideration, the Board of Latah County Commissioners may affirm, reverse, or modify the underlying decision. The Board of Latah County Commissioners may reverse or modify the underlying decision only if: 1) the Board finds that the substantial rights of the appellant have been prejudiced; and 2) the underlying decision is in violation or excess of constitutional or statutory authority; made upon unlawful procedure; not supported by substantial evidence; or arbitrary, capricious, or an abuse of discretion. The Board of Latah County Commissioners shall not have the authority to waive any requirement of this title or to take any action that is contrary to the specific provisions of this title.
E. Following Process: Pursuant to Idaho Code section 67-6535, a decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking 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. 392, 8-16-2021)
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