A. Purpose, Application, And Public Notice Requirement:
1. Purpose: The purpose of this chapter shall be to provide interested persons an opportunity to be heard, to provide a clear and open decision making process, and to satisfy the requirements of Idaho Code.
2. Decisions And Public Hearings: All public hearings shall comply with the standards set forth by this chapter and the provisions of Idaho Code. Decision making responsibility for land use decisions and requirements for public hearings are set forth in the following matrix:
DECISION AND PUBLIC HEARING MATRIX
H = Hearing before the review body
R = Recommendation by the review body
D = Final decision by the review body
Land Use Process | Director or Designee | Historic Preservation Commission (HPC) | Hearing Examiner | Planning And Zoning Commission (P&Z) | City Council (CC) | Appeals |
Land Use Process | Director or Designee | Historic Preservation Commission (HPC) | Hearing Examiner | Planning And Zoning Commission (P&Z) | City Council (CC) | Appeals |
Interpretations (section 17.02.180 of this chapter) | D | City Council | ||||
D | City Council | |||||
Certificate of appropriateness (section 17.04.210 of this title) | HPC/City Council/District Court | |||||
Sign exception
1 (section 15.20.260 of this Code) | H/D | City Council/ District Court | ||||
Variance (section 17.02.160 of this chapter) | H/D | City Council/ District Court | ||||
Conditional use permit (section 17.02.130 of this chapter) | H/D | City Council/ District Court | ||||
Public lands/facilities use proposal (section 17.03.420 of this title) | H/R | D | District Court | |||
Zoning text/map amendment (section 17.02.170 of this chapter) | H/R | H/D | District Court | |||
Planned unit development (section 17.02.140 of this chapter) | H/R | H/D | District Court | |||
Neighborhood refinement plan (section 17.02.150 of this chapter) | H/R | H/D | District Court | |||
Annexation (section 17.02.110 of this chapter) | H/R | H/D | District Court | |||
Vacation (Idaho Code 50-311 or 50-1306A) | H/D | District Court | ||||
Comprehensive Plan amendment (section 17.02.120 of this chapter) | H/R | H/D | District Court | |||
Subdivision Preliminary Plat2 | H/D | City Council/ District Court | ||||
Subdivision Final Plat2 | D | District Court | ||||
Subdivision Short Plat2 | D | District Court | ||||
Wireless communications facilities (title 15, chapter 15.42 of this Code) | D | H/D | City Council/ District Court | |||
Wind energy conversion system (section 17.06.600 of this title) | D | H/D | City Council/ District Court | |||
Notes:
1. Governed by title 15, chapter 15.20, "Sign Code", of this Code.
2. Governed by title 16, "Subdivision Regulations", of this Code. Preliminary plat subdivisions are subject to notification procedures as outlined by title 16.20.040. D.
3. Notification Procedures:
a. Variances: Prior to hearing a variance request, notice shall be provided to property owners adjoining the parcel under consideration. Notice shall also be posted on the premises. The posting of notice on the premises shall be accomplished according to Idaho Code and the notice to adjoining property owners shall occur at least fifteen (15) days prior to the hearing.
b. Conditional Use Permits, Rezonings, Neighborhood Refinement Plans, Planned Unit Development, Comprehensive Plan Amendment, And Annexation: Prior to hearing a conditional use permit, rezoning, planned unit development, or annexation request, notice shall be published in the newspaper of general circulation within the jurisdiction. Notice shall be posted on the premises as required by Idaho Code and shall be provided by mailing to property owners or purchasers of record within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered. All notices herein described will be provided at least fifteen (15) days prior to the hearing or as otherwise required by Idaho state code.
c. Vacation: Prior to hearing a vacation request (including plats, rights of way, and easements), notice shall be published in the newspaper of general circulation within the jurisdiction fifteen (15) days prior to the public hearing and a second time no less than seven (7) days prior to the hearing. Notice shall also be provided, by certified mail, to property owners within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered. Notice by certified mail shall occur at least fifteen (15) days prior to the hearing.
d. Certificate of Appropriateness; Commission Level Review: Prior to hearing a Certificate of Appropriateness, notice shall be published in the newspaper of general circulation within the jurisdiction. Notice shall be posted on the premises as required by Idaho Code and shall be provided by mailing to property owners or purchasers of record within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered. All notices herein described shall be provided at least fifteen (15) days prior to the hearing or as otherwise required by Idaho State Code.
e. Requirements For When Notice Required To Two Hundred Or More Property Owners: When notice is required to two hundred (200) or more property owners or purchasers of record, then the city, in lieu of posted or mailed notice, shall publish such notice twice in the “Idaho State Journal” in both the display ad and legal notice sections, the first publication at least fifteen (15) days prior to the hearing, and the second seven (7) days prior. Said notice shall state the time, place, and subject of the hearing. In addition to the published notice, the city shall provide the same information to local television stations, the local public access television station, and local radio stations and request inclusion in their public announcements or newscasts. All costs associated with such notice shall be paid by the applicant and payment shall be submitted prior to the processing of the application.
B. Applicant's Ownership Responsibility: No application shall be accepted without written evidence presented by the applicant that he or she possesses any of the following:
1. A freehold interest in the subject land;
2. An interest qualifying the applicant for exclusive possession of the land;
3. A contract interest specifically enforceable on the subject land.
C. Conduct Of Hearings And Standards For Oral And Written Testimony: The following rules and standards for hearings and testimony are created to establish and maintain control of the proceedings, and provide equal and reasonable opportunity for all to be heard:
1. Public Hearing: Public hearings shall include:
a. Hearing is opened by presiding officer.
b. Presentation by applicant.
c. Explanation of the subject of the hearing by city staff.
d. Submittal of written testimony.
e. Testimony from audience in favor of, against, and/or neutral on the proposal.
f. Rebuttal by applicant.
g. Questioning of involved parties by presiding body.
h. Closure of oral testimony from applicant and audience.
i. Discussion of hearing subject by presiding body; questions may also be directed to city staff and/or others during this period.
j. Conclusion of the hearing process.
2. Time Limitations On Hearing Testimony: The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing.
3. Standards For Oral Testimony: Oral testimony made at a public hearing shall comply with the following standards. If oral testimony fails to comply with these standards, it shall be permitted for the presiding officer to declare such testimony out of order and require it to cease.
a. Testimony, including questions, should be directed to the presiding body.
b. Testimony should directly address the subject at hand.
c. Testimony should not be repetitious with other entries into the record.
d. Testimony should not be personally malicious.
e. Testimony shall comply with time restrictions established by the presiding officer.
4. Standards For Written Testimony: Written testimony to be admitted at a public hearing shall comply with the following standards. If written testimony fails to comply with these standards, it shall be permitted for the presiding officer to declare such testimony inadmissible.
a. Written testimony containing more than two (2) pages must be submitted at least five (5) working days prior to the date of the pertinent public hearing.
b. Written testimony shall include the signature and address of the submitter.
c. Written testimony should address the issue at hand.
d. Written testimony should not be personally malicious.
e. Written testimony of less than two (2) pages may be submitted at a public hearing. The presiding officer may require an oral reading of such written testimony if deemed beneficial or if requested by a party interested in the proceedings.
D. Overrule Of Rulings By Majority Vote: Rulings made by the presiding officer of any board conducting a public hearing may be overruled upon a majority vote of the board members present. (Ord. 3132, 2023: Ord. 3115 § 2, 2023: Ord. 3075, 2021: Ord. 3044, 2020: Ord. 2896, 2011: Ord. 2846 § 1, 2008)