(A) An appeal of any decision or determination of the Planning and Zoning or Historic Preservation Commission ("the Commission") made in the administration or enforcement of this chapter may be taken by any affected person, as that term is defined by Idaho Code § 67-6521, as it may be amended from time to time, to the City Council by filing a notice of appeal in writing with the City Clerk in the manner prescribed in this chapter.
(1) Action required by the City Clerk. The clerk shall certify that all procedural requirements have been satisfied and fees paid and transmit to the Council the original of all papers constituting the record in the case, together with the decision or determination of the Commission. A verbatim transcript of the Commission proceedings shall be prepared and transmitted to the Council at the appellant's expense.
(2) Hearing and notice. The Council shall, following receipt of the clerk's certificate and the record of the case, set the matter for hearing and give notice of the date, time, place and purpose thereof and of the right to request a copy of the decision thereon, to the appellant, the Commission, and to any other affected person, as defined in Idaho Code § 67-6521, as that section may be amended from time to time, all in accordance with Idaho Code §§ 67-6501 et seq., as may be amended from time to time.
(3) Authority of Council. Upon hearing the appeal, the Council shall consider only matters which were previously considered by the Commission as evidenced by the record, the order, requirement, decision or determination of the Commission and the notice of appeal, together with oral presentation and written legal arguments by the appellant, the applicant, if different than the appellant, and the Commission and/or staff representing the Commission. The Council shall not consider any new facts or evidence at this point. The Council may affirm, reverse or modify, in whole or in part, the decision or determination of the Commission. Furthermore, the Council may remand the application to the Commission for further consideration with regard to specific criteria stated by the Council.
(4) Decision by Council. The Council shall enter a decision within 30 days after the hearing on appeal, which shall include its written decision separately stated. The Council shall transmit a copy of the decision to the appellant and any affected person who has requested a copy in writing, as defined in Idaho Code § 67-6521, as that section may be amended from time to time.
(5) Appeal of Council. In the event of an appeal of a decision of the Council to district court, applications approved by the City will be processed by the City during the pendency of the appeal.
(B) All appeals permitted or authorized by this title shall be taken and made in the manner and within the time limits as follows:
(1) The written notice of appeal shall be filed before 5:00 p.m. of the fifteenth calendar day after the decision or determination of the Commission has been made or after findings of fact have been approved by the Commission, whichever occurs later. The failure to physically file a notice of appeal with the City Clerk within the time limits prescribed by this section shall be jurisdictional and shall cause automatic dismissal of such appeal. The notice of appeal shall be in writing and in such form as shall be available from the office of the administrator, which shall require to be set forth with specificity all bases for appeal, including the particulars regarding any claimed error or abuse of discretion.
(2) An affected person aggrieved by a decision of the City Council may seek judicial review with the District Court within twenty-eight (28) days after all administrative remedies under local ordinances have been exhausted.
(a) Pursuant to Idaho Code § 67-8003, an owner of private property that is the subject of such action may submit a written request for a regulatory takings analysis with the clerk or the agency or entity undertaking the regulatory or administrative action. Not more than twenty-eight (28) days after the final decision concerning the matter at issue, the City Council shall prepare a written taking analysis concerning the action consistent with the procedure outlined in Idaho Code § 67-8003.
(C) An administrative fee set by resolution of the City Council and a fee equal to the expense of giving notice and providing the transcript shall be paid within two days after receipt from the administrator of the amount of the fee. In the event the fee is not paid as required, the appeal shall not be considered filed.
(Ord. 2022-06, passed 10-12-2022)