The following rules hereby established, shall be observed in the conduct of any public hearing before the city council of the city of Twin Falls and the planning and zoning commission of the city of Twin Falls, hereinafter referred to as the hearing body. The following rules shall be known as the "Twin Falls rules of procedure":
(A) Prior to opening the public hearing, the presiding officer shall review the public hearing process.
(B) The applicant shall not make any changes to the application or proposal after publication of the notice of public hearing. If the applicant wishes to make a change to the application after the publication of the notice of public hearing, the applicant shall notify the administrator and the hearing shall be canceled, to be rescheduled after the changes are submitted for staff review.
(C) All persons permitted to testify or speak before the hearing body at a public hearing shall write their name and residential address thereafter on sign up sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the presiding officer to give evidence or information to the hearing body.
(D) No person shall be permitted to speak before the hearing body at a public hearing until such person has approached the microphone at the podium and been recognized by the presiding officer.
(E) All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy.
(F) Any exhibit introduced by any person shall be retained by the hearing body and made a part of the record therein. (Ord. 2835, 9-12-2005)
(G) The applicant will be limited to fifteen (15) minutes for the initial presentation, unless a written request for additional time is submitted prior to the hearing and the hearing body grants the request for additional time. The staff report shall follow the applicant's presentation. Members of the hearing body may then ask questions regarding the application. Testimony from the public may be limited by the presiding officer to no less than two (2) minutes per person. Five (5) or more persons receiving written notice of the public hearing may appoint a person to speak for them, which person shall be limited to fifteen (15) minutes for their presentation. No written comments, including e-mail, received after twelve o'clock (12:00) noon on the date of the hearing will be accepted for consideration by the hearing body. Written comments, including e-mail, received by twelve o'clock (12:00) noon on the date of the hearing shall be either read into the record or displayed to the public on the overhead projector at the completion of public comment. Members of the hearing body may ask questions of any person who has testified. The applicant will be permitted five (5) minutes for rebuttal. After all testimony has been given, the public hearing shall be closed and no additional information may be requested or given, unless the public hearing is reopened. (Ord. 2951, 9-8-2008)
(H) The speaker shall not be interrupted by members of the hearing body until his time limit has been expended or until he has finished his statement.
(I) At the conclusion of a speaker's comments, each member, when recognized by the presiding officer, may be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The presiding officer may limit the time permitted for the answer. The question and answer period shall not be included in the speaker's time limit, as established.
(J) Any person not conforming to any of the above rules may be prohibited from speaking before the public hearing. Should any person refuse to comply with such prohibition, he/she may be asked to leave the hearing, and thereafter removed from the room by order of the presiding officer.
(K) The main motion on the application shall be in the affirmative, to approve the application, and may include conditions from the staff report. The main motion may be amended to establish or remove conditions. If the motion passes, the application is approved. If the motion fails, the application is deemed denied. Motions on appeals shall also be in the affirmative to approve the zoning action requested by the applicant.
(L) The approval or denial of any application requiring a public hearing provided for in this title shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance, or other appropriate ordinance or regulation of the city.
(M) The approval or denial of any application requiring a public hearing provided for in this title shall be in writing in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based on the criteria, standards and facts set forth. The comprehensive plan, the zoning ordinance, the zoning map, and all prior acts of the hearing body shall be considered, and are, a part of the record of any public hearing.
(N) For those applications that require an ordinance, staff will prepare and place on the next council agenda an ordinance with implementing language including all conditions as specified in the zoning action. The ordinance shall be published at the next available publication date.
(O) A transcribable verbatim record of the public hearing shall be made and kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for the retention of the record, any person may have the record transcribed at his expense. (Ord. 2835, 9-12-2005)