8-6-13: APPEAL:

A.   Application: Any decision or action may be appealed as set forth in this Chapter by an affected person as defined in Idaho Code Section 67-6521(1)(a).

   1.   A person aggrieved by a final decision or action within the jurisdiction and authority of the Director (see 8-6-6D1), the Hearings Examiner (see 8-6-6D4), or the Commission (see 8-6-6D2) may appeal to the Board.

   2.   A person aggrieved by the Board's final decision or action may seek judicial review as provided by Idaho Code Sections 67-6521(d) and 67-6535.

   B.   Appeal Procedures:

      1.   Appeals of written decisions shall be filed with the Director within fifteen (15) days after the date of the written decision. Untimely appeals are not accepted. An application and fees, as set forth in Section 8-6-5, are submitted to the Director on forms provided by the Development Services Department.

      2.   The Director shall schedule, and the Board shall hold a public hearing and make a decision pursuant to the procedures as set forth in this Chapter.

      3.   At the public hearing, the Board will consider the order, requirement, permit, decision, or determination of the Commission and/or Director, and any attached conditions. The Board shall also consider any additional evidence offered by the public, applicant, Director, and/or Commission.

      4.   The Board may affirm, reverse, modify, in whole or in part the order, requirement, permit, decision, or determination appealed from, or make or substitute any additional conditions it finds as warranted based on its deliberations.

(Ord. 1002, 10-28-2025)