A. Establishment And Purpose:
1. Establishment: In accordance with Idaho Code 67-6520, the Pocatello city council hereby establishes the position of hearing examiner. The hearing examiner is authorized to exercise those powers adopted, amended, or repealed by the city council and as provided for in Idaho Code.
2. Purpose: The purpose of the hearing examiner is to provide professional review and make decisions on matters involving variances, conditional use permits, and sign exceptions.
B. Qualifications, Selection, And Meetings:
1. Qualifications: The hearing examiner shall be a professionally trained or licensed planner, engineer, architect, or other person with relevant professional training or experience, or shall have significant experience in the field of planning and zoning.
2. Selection: The hearing examiner shall be appointed and may be dismissed by the mayor with the consent of the city council. The hearing examiner may be compensated in accord with a schedule set by the city council.
3. Meetings: All meetings of the hearing examiner shall require proper notice and hearing as provided in section 17.02.300 of this chapter. A record of each meeting shall be created and retained in the planning and development services department. Meetings will be held as applications are received and according to the schedule maintained by the planning and development services department.
C. Duties And Required Findings Of Fact:
1. Duties: It shall be the duty of the hearing examiner to examine applications for conditional use permits, variances, and sign code exceptions. Within 10 business days following the hearing, the hearing examiner shall prepare a reasoned statement and make determinations for the applications set forth herein.
2. Required Findings Of Fact: Each application examined by the hearing examiner shall specify:
a. Appropriate facts of the application;
b. The ordinance(s) and standards used in evaluating the application;
c. The findings or reason for decision; and
d. The actions, if any, that the applicant could take to obtain approval or a permit in accordance with the city’s ordinances.
D. Staff Assistance: The planning and development services department shall provide staff assistance to the hearing examiners.
E. Conflict Of Interest Prohibited: Hearing examiners shall not participate in any proceeding or action when the member or member’s employee, employer, business partner, business associate, or any person related by affinity or consanguinity within the second degree has an economic interest in the procedure or action. Any actual or potential conflict of interest in any proceeding shall be disclosed at or before any regular meeting at which the action is being heard or considered. (Ord. 3115 § 2, 2023: Ord. 2846 § 1, 2008)