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)