1-14-2: LAND USE APPLICATION AND PUBLIC HEARING PROCEDURES:

   A.   Application And Fee: Applications shall be on forms provided by the City and be accompanied by a fee as established by the City Council.

   B.   Notice For Public Hearings:

      1.   For all legislative public hearings and quasi-judicial public hearings, and upon receipt of a complete application and fee, the City shall follow the notice and hearing procedures in Idaho Code section 67-6509, which notice includes publishing legal notice in the official newspaper of general circulation in Middleton and sending notice of the application and public hearing to all political subdivisions providing services in Middleton.

      2.   For all legislative public hearings, which are hearings brought pursuant to the Local Land Use Planning Act (Idaho State Code Title 67, Ch. 65) and require a decision that has a broad application, a draft of the legislative proposal should be prepared and made available for public inspection no later than the day the notice of public hearing is published in the newspaper of general circulation. Such applications include applications to amend the City zoning and subdivision ordinances or Comprehensive Plan text or map.

      3.   For all quasi-judicial public hearings, which are applications such as a rezone or preliminary plat that pertain to a specific site or parcel, City shall also provide the following notice at least fifteen (15) days prior to the public hearing:

         a.   City shall mail notice of the public hearing time, date, and place of hearing together with a summary of the application to all owners of record for property that is within five hundred (500) feet of the perimeter boundary of the parcel(s) that is the subject of the land use application. Applicant shall be responsible for obtaining an accurate list of mailing addresses from the Canyon County Assessor's Office or other County Department and shall be responsible for providing the City with printed mailing labels to complete the required notice.

         b.   When there are more than two hundred and fifty (250) property owners within five hundred (500) feet of the subject property, mailed notice shall not be required, and, instead, a second notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the City not less than ten days prior to the hearing.

         c.   City shall post the project site with a sign that gives notice of the time and place of the hearing and summary of the application(s). A sign shall be posted at all locations where a public road is adjacent to the subject property. The cost of the posting shall be included in the filing fee for the application.

   C.   General Public Hearing Procedure:

      1.   At the commencement of the public hearing, the Commission/Council or the Chairperson/Mayor may establish a time limit to be observed by speakers: applicant - not to exceed fifteen (15) minutes; planning and zoning official - not to exceed ten (10) minutes; individuals - not to exceed three (3) minutes per person or fifteen (15) minutes for spokesperson after the Chairperson/Mayor pre-authorizes a spokesperson; applicant rebuts testimony that proposal does not comply with plans, ordinances and standards - not to exceed ten (10) minutes.

      2.   No person shall be permitted to speak before the Commission/Council at a public hearing until such person is recognized by the Chairperson/Mayor.

      3.   Testimony should directly address the subject being considered during the hearing before the Commission/Council.

      4.   Testimony should not be repetitious with other entries in the record.

      5.   Testimony should not be derogatory to any person.

      6.   Testimony should comply with applicable time restrictions.

      7.   If oral testimony fails to comply with the aforementioned standards, the Chairperson/Mayor may declare such testimony out- of-order and require it to cease.

      8.   All public hearing proceedings shall be recorded electronically and all persons speaking shall speak before a microphone in such a manner as will assure that the recorded testimony is complete and audible. A transcribable, verbatim record of quasi-judicial hearings shall be made and kept for a period at least six (6) months after the date of the final decision.

   D.   Order Of Events For Public Hearings: Public hearings should follow the order of events set forth below.

      1.   Chairperson/Mayor or designee announces the item for Commission/Council consideration, and opens the public hearing. The Commission/Council shall not begin deliberations until all testimony and evidence has been presented. No person shall be permitted to speak at a public hearing until such person has been recognized by the Chairperson/Mayor. If there is a question of "conflict of interest", as defined by Idaho Code section 67-6506, for any Commissioner/Councilmember, it shall be disclosed at the beginning of the hearing and, if the Commission/Council finds a conflict of interest exists, the disclosing Commissioner/Councilmember shall step away from the Commission/Council and not participate in deliberations or decisions for that item, and shall rejoin the Commission/Council after action on that item is concluded. Any information received by a Commissioner/Councilmember other than during the public hearing shall be disclosed at the beginning of the hearing.

      2.   Applicant describes the application and reasons it complies or does not comply with plans, ordinances and standards.

      3.   The planning and zoning official or designee reports why the application complies or does not comply with plans, ordinances and standards.

      4.   Individuals/spokespersons testify why an application complies or does not comply with plans, ordinances and standards. Speakers shall not be interrupted by the audience. Questions from the decision makers should be asked of the person testifying before that person leaves the podium whenever possible. Public officials, when recognized, shall be allowed to question the speaker and the speaker shall be limited to answer questions asked. The question and answer period shall not be included in the speaker's time limit. Any person not conforming to these procedures may be prohibited from speaking during a public meeting. Should any person refuse to comply with such prohibition, he or she may be removed from the room by order of the Hearing Officer. Testimony should be in the following order:

         a.   Those testifying the application complies,

         b.   Those identifying subjects not discussed in the application, applicant's testimony or planning and zoning official report,

         c.   Those testifying the application does not comply,

         d.   Rebuttal testimony from the applicant. Decision-makers should ask any final questions. Only information from the record can be rebutted. If the applicant testifies about new facts, then others testifying must be given an opportunity to respond to the new facts.

      5.   The Chairperson/Mayor closes the public comment portion of the hearing by declaration or Commission/Council motion.

      6.   Commission/Council deliberates toward a decision. Commission/Council may ask the planning and zoning official or designee questions during this time.

      7.   The Commission/Council may continues the matter for additional information or makes a verbal recommendation/decision by majority vote followed by a signed written decision that is legally considered a "final decision" that can be appealed by an affected person. The final decision or recommendation may be an approval, approval with conditions, or denial. The recommendation/decision should include a reasoned statement that explains the criteria and standards considered relevant, the relevant contested facts relied on, the rationale for the decision based on the applicable criteria and provisions of plans, ordinances or standards, pertinent constitutional principles and factual information contained in the record.

   E.   Final Decision. When a final decision has been made, the City shall send a copy of the final decision promptly by electronic mail, or first class postage prepaid U.S. mail, to the applicant and to any affected property owners who have requested notice of the final decision.

   F.   Reconsideration Request and Appeal. Applicants, or an affected property owner as defined in Idaho Code 67-6521, shall have fourteen (14) days after a written final decision is executed to request reconsideration by the final-decision maker. Such request must identify specific deficiencies in a final decision. Failure to request reconsideration may invalidate a subsequent judicial appeal. After considering the identified deficiencies, the final decision about the reconsidered request shall be issued and distributed to the applicant and to any affected property owners who have requested notice of the final decision.

(Ord. 609, 7-3-2018; amd. Ord. 659, 1-19-2022)