A. Procedure For Quasi-Judicial Hearings: "Quasi-judicial hearing" means the type of hearing whereby the PZC/BOCC adjudicates between proponents of identifiable interests, finds facts, and applies the law to specific applications. Quasi- judicial hearing matters include, but are not limited to, applications for change of zone, subdivision of land, special (conditional) use permit, and variance of zoning standards.
1. Hearing Procedure: This procedure shall be followed in all hearings.
a. The presiding officer shall announce the purpose and subject of the hearing.
b. The commission shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be rescheduled.
c. The commission shall determine whether the application form required by the Zoning Ordinance is complete and includes all required supporting materials. If the application is not complete, the hearing shall be rescheduled.
d. The presiding officer shall ask if any PZC/BOCC member wishes to declare a conflict of interest, as defined by Idaho Code, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.
e. The presiding officer shall ask the Administrator to present a report on the proposal being considered.
f. The presiding officer shall direct questions from PZC/BOCC members to the Administrator. Any written testimony received shall be recognized in the record.
g. The presiding officer shall ask for testimony from the developer or his or her authorized representative. PZC/BOCC members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.
h. Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. PZC/BOCC members may ask questions following any statement. All questions and replies shall be directed through the presiding officer. The regular order of such testimony shall be first from those in support of the application, then from those who express neutrality, and finally from those opposed.
i. When all statements have been given, the presiding officer shall ask if the applicant wishes to speak in rebuttal to other statements. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from PZC/BOCC members may follow each rebuttal for purposes of clarification.
j. The presiding officer shall close the public hearing and call for deliberations by the PZC/BOCC.
k. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the County. Supporting materials shall be left with the Administrator after each statement is made.
2. Additional Hearing Procedures: These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.
a. The PZC/BOCC may impose time limits on the statements given in order to assure completion of the agenda.
b. The PZC/BOCC may require persons who wish to make a statement to register their intention to do so with the Administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.
3. Hearings To Be Taped: As required by Idaho Code section 67-6536, the Administrator shall keep a transcribable tape record of all hearings on file for at least five (5) years after the final hearing on the development.
4. Continuances And Deliberations: The PZC/BOCC, in its discretion, may continue any hearing for any reason at any time and may allow new testimony at the continued hearing. The PZC/BOCC may discuss and vote on any application or issue at the same meeting at which testimony is taken, or at a later meeting.
5. Decision Record: All decisions of the PZC or BOCC shall be reported in the form of a reasoned decision, as required by Idaho Code section 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the Administrator, and all materials submitted by the developer or citizens at the public hearing.
6. Decision Deadline: This subsection A6 establishes the "reasonable time" for deliberation on applications by the PZC required by Idaho Code section 67-6519. The PZC shall make a decision on any application for a permit as promptly as it can be accomplished in light of the materials received. If the Board of County Commissioners believes a recommendation or decision should be forthcoming from the Planning and Zoning Commission, the Board may notify the commission in writing and thereafter the commission shall render a decision or recommendation within no more than forty five (45) days, or if no decision or recommendation has been provided within such time, the jurisdiction of the commission shall be deemed forfeited and the Board may proceed to decide the matter.
B. Procedures For Legislative Hearings: "Legislative hearing" means the type of hearing whereby the PZC formulates recommendations on or the BOCC addresses amendments, ordinances, rules, regulations, policies, plans, and/or procedures of a Countywide or neighborhood wide nature.
1. Hearing Procedure: This procedure shall be followed in all legislative hearings.
a. The presiding officer shall announce the purpose and subject of the hearing.
b. The presiding officer shall ask the Administrator to present a report on the proposal being considered.
c. The presiding officer shall call for testimony from the public, followed by discussion and action by the PZC/BOCC.
d. The PZC shall make a recommendation to the BOCC regarding the proposal being considered. If the hearing is before the BOCC, the BOCC shall make a decision regarding the proposal being considered.
2. Continuances And Deliberations: The PZC/BOCC, in its discretion, may continue any hearing for any reason at any time.
C. Procedures Varied: The procedures set forth in this section are directory only and may be varied as necessary to accomplish the work of the commission or Board. (Ord. 2019-01, 1-14-2019)