8-6-9: PUBLIC MEETINGS AND HEARINGS:

   A.   Purpose: This Section provides a procedure by which the Board or the Commission shall conduct hearings.

   B.   Planning And Zoning Commission Hearings:

      1.   Generally:

         a.   The Commission shall conduct the public hearing in accord with its adopted bylaws.

         b.   The Commission may continue the hearing if it determines in its discretion that additional hearings are necessary.

         c.   The Commission will hold a hearing on each submitted application for which a hearing is required within ninety (90) days (or one hundred twenty [120] days for planned community applications) after application submission.

         d.   The Commission will issue a decision or recommendation, as is applicable, no later than one hundred eighty (180) days (or two hundred forty (240) days for planned community applications); and one hundred fifty (150) days for the siting of a tower or antenna structure, after the date of the application submission.

         e.   Failure of the Commission to issue a decision or recommendation within the time periods allowed in this Chapter is considered a denial or a recommendation of denial of the application. However, the Commission and applicant may mutually agree in writing to extend the time periods for a decision to be made.

      2.   Planned Communities: The Commission shall not conduct a public hearing on a planned community implementation plan until the Board has approved the planned community subarea comprehensive plan. The period for issuing a decision described in Section 8-6-6 of this Section does not commence until the Board approves the planned community subarea comprehensive plan.

      3.   Public notice pursuant to Section 8-6-8 of this Chapter is required prior to the public hearing.

   C.   Board Hearings:

      1.   The Board will hold a hearing within ninety (90) days after application submission or ninety (90) days after the Commission makes a recommendation (if applicable).

      2.   For planned community applications for which the Board must hold a hearing, the Board will hold a hearing no later than one hundred twenty (120) days after the date the Commission makes a recommendation. The Board will not hold a hearing on a planned community implementation plan until the Board approves the planned community subarea comprehensive plan.

      3.   Public notice shall be provided as set forth in Section 8-6-8 of this Chapter prior to the public hearing.

      4.   Following the public hearing, if the Board makes a material change to a comprehensive plan amendment application or zoning ordinance amendment application, further notice and hearing shall be provided pursuant to Section 8-6-8 of this Chapter, and with applicable agreements in Title 9 of the County Code.

      5.   The Board may continue the hearing if it determines in its discretion that additional hearings are necessary.

   D.   Hearings Examiner:

      1.   For those applications for which a hearing examiner may be used, the hearings examiner shall hold a hearing within ninety (90) days after an application is submitted to the Director.

         a.   Public notice shall be provided as set forth in Section 8-6-8 of this Chapter prior to the public hearing.

         b.   The hearing examiner may continue the hearing if it determines in its discretion that additional hearings are necessary.

      2.   Action: The hearing examiner shall issue a decision or recommendation, as applicable, no later than one hundred eighty (180) days after the date the application was submitted to the Director. Failure of the hearing examiner to issue a decision or recommendation within the time periods allowed in this Section is deemed a denial or a recommendation of denial of the application.

      3.   Decision: The hearings examiner shall provide the applicant and/or owner a written decision in accordance with Idaho Code Sections 67-6520 and 67-6535 stating the reasons for the decision. Conditions of approval, if any, shall be attached to the written decision.

   E.   Conduct Of Hearing: Hearings before the Board, Commission, or the Hearing Examiner shall generally conform to the following procedure:

      1.   Generally: The Board, Commission, or the Hearing Examiner may require any person to be sworn in before testifying at a hearing. The Board, Commission, or the Hearing Examiner may place a time limit on verbal testimony. If there is a time limitation, the limitation is announced at the beginning of the hearing.

      2.   Overview Of The Application: Hearings before the Board, Commission, or the Hearing Examiner shall commence with a brief overview from staff and staff's submission of the written report to the Board, Commission, or the Hearing Examiner.

      3.   Applicant/Appellant Presentation Of Application: The applicant/appellant shall present its application and is allowed an opportunity to present testimony, documents, and other evidence which supports the application.

      4.   Public Testimony: The Board, Commission, or Hearings Examiner shall take comments from the public. Those providing public testimony have an opportunity to present testimony, documents, or other evidence. The Board, Commission, or Hearings Examiner may alternate between those supporting and those opposing a particular application. The public and/or staff may be questioned at any time during the public hearing process.

      5.   Applicant/Appellant Rebuttal: The applicant/appellant is allowed a rebuttal opportunity. This rebuttal is limited to responding to testimony, documents, or other evidence provided during the public testimony.

      6.   Conclusion Of The Hearing: At the conclusion of the hearing, the Board, Commission, or Hearings Examiner shall close the record prior to its deliberations. If the Board, Commission, or Hearings Examiner determines additional evidence is required, it may proceed as follows:

         a.   Close the record except for allowing the submission of specifically requested information;

         b.   Leave the entire record open for the submission of additional evidence to a date certain; or

         c.   Continue the hearing to a date certain for the purpose of receiving additional evidence and conducting further proceedings as may be advisable.

      7.   Close Record: After the Board, Commission, or Hearings Examiner closes the record and begins its deliberation, no further comments or testimony may be taken from the applicant/appellant, staff, or the public.

   F.   Record Of The Public Hearing:

      1.   The staff report, any documents, and/or comments submitted by the close of business on the Thursday before the hearing date by the applicant/appellant and the public, and all testimony given at the hearing automatically become part of the record.

      2.   Any documents submitted as part of testimony also become part of the public hearing record.

   G.   Decision Or Recommendation From The Public Hearing: When the record is closed, the Board, Commission, or Hearings Examiner shall take the matter under advisement for the purpose of deliberating toward a decision or recommendation based on the record. After deliberating, the Board, Commission, or Hearings Examiner may then immediately render a written decision or recommendation or may continue the matter to a date and time certain for further deliberation and decision or recommendation.

   H.   Request For Reconsideration Of Decision:

      1.   Every applicant or affected person seeking judicial review of the Board's final decision must first submit to the Director an application and the fee as set forth in this Title requesting reconsideration of the Board's decision. The request must specify deficiencies in the decision and must be submitted within fourteen (14) days of the date of the decision. The deficiencies identified must be based on the record and not based on information that is not part of the record.

      2.   The Board will consider the request for reconsideration at a scheduled open business meeting and determine whether to grant or deny the request for reconsideration of its decision. If the Board grants reconsideration of its decision in whole or in part, the Board will conduct a scheduled public hearing on the specific deficiencies identified by the applicant or affected person and to allow interested persons an opportunity to be heard.

      3.   Notice of a public hearing concerning a request for reconsideration includes the following:

         a.   Notice To Agencies And Political Subdivisions: At least fifteen (15) days prior to the public hearing, the Director shall send notice to all political subdivisions providing services with the planning jurisdiction, including school districts.

         b.   Legal Notice: At least fifteen (15) days prior to the public hearing, the Director shall publish a notice of the time and place in the official newspaper or paper of general circulation in the County.

         c.   Radius Notice: Radius notice follows the same manner as originally provided on the application.

      4.   If the Board grants the request to hold a hearing on the reconsideration, it must occur within sixty (60) days of receipt of the request for reconsideration. If the Board fails to timely decide, the request for reconsideration is deemed denied.

      5.   Following the hearing on the reconsideration, the Board may affirm, reverse, or modify its prior decision and shall provide a written decision to the applicant and the affected person(s).

(Ord. 1002, 10-28-2025)