The following procedures shall be followed in all hearings:
A. The presiding officer shall announce the purpose and subject of the hearing.
B. The presiding officer shall determine whether proper notice of the hearing has been provided. That determination shall be based on the submission of affidavits of publication and posting, and certified mail receipts showing full compliance with the notice requirements of this title. If proper notice has not been provided, the hearing shall be rescheduled.
C. The presiding officer shall determine whether the application form required by this title 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 planning and zoning commission member wishes to declare a conflict of interest, as defined by Idaho Code section 67-6506, 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 remind those present that all statements given must address the merits of the proposed development as measured by its compliance or lack of compliance with the comprehensive plan and this title.
F. The presiding officer shall ask for a statement from the developer, property owner or his or her representative. The applicant may also have any representative or expert participate in this presentation. Members of the commission are encouraged to ask questions during this process. All questions and replies shall be directed through the presiding officer.
G. The presiding officer shall ask for a presentation of a report on the proposal being considered.
H. The presiding officer shall ask for statements from the public, first from those in favor, then from those opposed to the application. Persons giving statements shall begin by stating their name and physical address. All questions and replies shall be directed through the presiding officer.
I. When all statements have been given, the presiding officer shall ask if the applicant or his or her representative wishes to speak in rebuttal to other statements or to clarify their statement. Neither new statements nor the introduction of new evidence shall be permitted at this time.
J. The presiding officer shall close the public hearing and call for discussion by the planning and zoning commission. That discussion shall lead to action on the matter being considered.
K. Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing record and shall be retained by the planning and zoning commission. Supporting materials shall be left with the commission after each statement is made.
L. The planning and zoning commission may impose a time limit on the statements given in order to assure completion of the agenda.
M. The planning and zoning commission shall require persons who wish to make a statement to register their intention to do so with the commission before the hearing. The presiding officer shall use the register to call on persons to present their statements. (Ord. 2001-04, 8-27-2001)