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A. On any application brought before the City Council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local Land Use Planning Act, found at Idaho Code 67-6501 et seq., or the Nampa Comprehensive Zoning Ordinance, found in this title, a party may request that the City Council reconsider a decision pursuant to the terms of this section. Decisions and recommendations of the Planning and Zoning Commission are not subject to reconsideration but may be appealed to the City Council as provided in this title.
To make such a request for reconsideration, the following criteria must be met:
1. The requesting party must have been a party interested in the underlying action in one of the following ways: the property owner of the subject property; the applicant for the project; or, any interested person who presented written or oral testimony at the public hearing on the application in question; and
2. The request must be made in writing and presented to the City Clerk no more than fourteen (14) calendar days after the adoption of written findings of fact, conclusions of law, and/or an order of decision, or, if no such written decision is required or will be issued, within fourteen (14) days of the date on which the decision was made; and
3. The request must state the basis for the request, including a brief statement of the issues and decision that the requesting party is asking to be reconsidered; and (Ord. 4189, 7-20-2015)
4. The request must either include new and relevant information challenging claims made during the Council's prior deliberation or be made pursuant to Idaho Code section 67-6535(2)(b). (Ord. 4428, 4-15-2019)
B. The City Council will consider the request at the next regularly scheduled meeting. No testimony or evidence will be submitted in connection with the request, and the City Council shall grant or deny the request at its discretion solely on the basis of the written request for reconsideration.
C. If the City Council denies the request, it may proceed immediately thereafter, or as soon as is practicable, to adopt any required written findings of facts, conclusions of law, decision, and order for the application in question.
D. If the City Council grants the request, the requesting party must pay the fee for a new public hearing within ten (10) calendar days of the City Council's decision to grant reconsideration. If the payment is not made to the City Clerk within the specified time frame the request for reconsideration shall be automatically rescinded.
E. All noticing for the hearing at which the City Council will reconsider a prior decision shall be completed in the same manner as was required for the original application. The new hearing shall be conducted in the same manner as all public hearings and shall be considered a de novo hearing.
F. Upon payment of fees, the Planning Director will schedule a new public hearing for the application as allowed by this Code. The new public hearing and ultimate decision shall be the final action of the City Council.
G. Once the Council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration, whether by the same or any other interested party. (Ord. 4189, 7-20-2015)