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The following information shall be required for hearing notices:
A. Newspaper: The notice shall be published in the city's official newspaper.
B. Posting On Property: Notices shall be posted on the property by the city not less than one week prior to the public hearing.
C. Notice To Property Owners: Notice shall also be provided to property owners or purchasers of record within the land being considered, and within three hundred feet (300') (except for variances) of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use as determined by the planning and zoning commission.
D. Alternative Notice: When notice is required to be given to two hundred (200) or more property owners, or purchasers of record, an alternative form of procedure of official notice shall be published in the official newspaper for two (2) consecutive days. (Ord. 2001-04, 8-27-2001)
Any decision of the planning and zoning commission may be appealed to the city council using the procedure described as follows:
A. Filing; Fee: The appellant shall file a properly completed appeals form, the required supporting materials, and the required appeals fee, with the city clerk within fifteen (15) days after the commission's decision.
B. Hearing; Notice: The city clerk shall place a hearing on the appeal on the agenda of the next regular city council meeting for which the notice requirements can be met. Notice requirements for an appeal shall be the same as for the permit application.
C. Conduct Of Hearing: The city council shall conduct a hearing on the appeal, with proper public notice, following the procedure established in section 9-4-16 of this chapter. No appeal shall be heard if the appellant is not the property owner or his legal representative, or if the appellant or representative is not present.
D. Decision: The city council shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify or overturn that decision accordingly.
E. Notice Of Decision: The city clerk shall notify the appellant and interested parties of the city council decision within fifteen (15) days. (Ord. 2001-04, 8-27-2001)
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)
A. Applicability: Mediation of land use decisions will be governed by the procedures in Idaho Code section 67-6510 and this section.
B. Application: Application for mediation may be requested in writing by any applicant or affected person, by the mayor, planning and zoning commission chairperson, or by the city council regarding any final decision of the planning and zoning commission or city council. Application must be received by the city clerk within fourteen (14) days of a final land use decision made by the city.
C. Determination Of Participation: The city council shall, within thirty (30) days of receipt of an application, determine whether it will participate in mediation.
D. Participation: Where the city council determines that it will participate in mediation, the applicant and any persons objecting to the decision shall be allowed to participate in at least one mediation session. The city council shall select the mediator after consulting with the party requesting mediation and the applicant. The city shall maintain a list of qualified mediators for this purpose. Compensation of the mediator shall be determined by the city council prior to or at the outset of the first mediation session.
E. Decline Of Participation: An applicant may decline to participate in mediation that has been requested by an affected person, which will terminate the process. An affected person may decline to participate in a mediation requested by the applicant, but this will not affect the process.
F. Time Limitation: Upon receipt of a request for mediation, any time limitation relevant to the application making the basis of such a mediation shall be tolled. Such tolling shall cease at the first of the following:
1. When the applicant or the affected person who requested the mediation has participated in at least one mediation session and states in writing that no further participation by that party is desired; or
2. Where the city council determines the process should terminate; or
3. Where no mediation session has been scheduled for at least twenty eight (28) days from the date of such a request.
G. Recommendations: Any recommendation of the mediator shall be in writing and set forth reasons for recommendation and appropriate provisions of the comprehensive plan and code sections applicable to the recommendations.
H. Public Hearing Before Council: A public hearing shall be held before the city council where a recommended resolution has been made through the mediation process.
I. Council Action: The city council shall act on the mediation recommendation within sixty (60) days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 2001-04, 8-27-2001)
The city shall keep a transcribable tape record of all hearings on file for at least six (6) months after the final hearing on the property or development. All materials received during the hearing process will be identified by exhibit numbers. (Ord. 2001-04, 8-27-2001)
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