A. Purpose: The purpose of this section is to clarify procedures for appeals. Decisions made by the Director, Hearing Examiner, Historic Preservation Commission, or the Planning and Zoning Commission may be appealed by any person having standing to file an appeal under this code and Idaho Code section 67-6535, or as amended.
B. Appeals of Hearing Examiner, Historic Preservation Commission, and Planning and Zoning Commission Decisions: The Hearing Examiner, Historic Preservation Commission, or Planning and Zoning Commission shall issue a written decision that includes a reasoned statement explaining the criteria and standards considered relevant, the contested facts relied upon, and the rationale for the decision based on the applicable provisions of the state code, comprehensive plan, this title, and factual information contained in the record. A copy shall be transmitted to the applicant and made available to other affected persons (according to the provisions of Idaho Code section 67-6535), who may, within fourteen (14) days of the availability of the decision, file a written appeal with the director in a form determined by the director, with fees as set by the city council. If an appeal is filed, the director shall set a date before the appropriate appellant board for their consideration, and notify the appellant, applicant (if not the appellant), and the property owners originally noticed of the date, time, and place of the hearing. Notification procedures as outlined under section 17.02.300 of this chapter shall be followed. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request of reconsideration or the request is deemed denied.
C. Appeals Of City Council Decisions: Appeals of city council decisions shall be filed, within twenty-eight (28) days, with the appropriate court pursuant to Idaho Code section 67-6535. (Ord. 3132, 2023: Ord. 3115 § 2, 2023: Ord. 2846 § 1, 2008)