HomeMy WebLinkAboutORD 2051BILL N0. 38
ORDINANCE NO. 2051
AN ORDINANCE ESTABLISHING HEARING PROCEDURES GOVERNING THE
CONDUCT OF PUBLIC HEARINGS BEFORE THE CITY OF CALDWELL PLANNING
AND ZONING COMMISSION; DETERMINING THAT SUCH AN ORDINANCE IS IN
THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; AND REPEALING
ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH;
WHEREAS, pursuant to Section 67 -6534 Idaho Code, procedures for the conduct of
hearings before the Planning and Zoning Commission have been prepared for
adoption by the City Council of the City of Caldwell, Idaho;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Caldwell, County of Canyon, State of Idaho;
Section 1. That procedures for the conduct of hearings before the Planning and
Zoning Commission are adopted as follows:
1. The Chairperson shall open the public hearing and announce the purpose
and subject of the hearing. Those wishing to provide public input on the
item are to be advised that no person will be recognized to speak unless
they have previously signed the public testimony register on the Planning
and Zoning Director's desk.
2. Time limits on public testimony are established as follows: fifteen (15)
minutes for the applicant, five (5) minutes for other individuals wishing to
provide input, and five (5) minutes for rebuttal by the applicant. No person
will be permitted to speak until they are recognized by the Chairperson.
All persons giving statements shall first state their name and place of
residence. The Commission may grant fifteen (15) minutes to a recognized
representative of a group in support of or in opposition to the request. The
Commission may, upon majority vote, modify the time limit requirement.
3. The Chairperson shall ask if any members of the Commission wish to
declare a conflict of interest in the matter to be considered and excuse any
such members from further participation in the hearing.
4. The Chairperson shall ask the staff to present its report on the proposal
being considered.
5. Following the staff report, members of the Commission may direct
ORDINANCE - P.1
HEARING PROCEDURES 9/19194
questions, if any, to Staff regarding the location and nature of the proposal.
6. Following any questions of Staff and any ensuing discussion among the
Commission, the Chairperson shall ask that a statement and testimony be
presented to the Commission from the applicant (and /or his or her
designated representative).
7. Input from other individuals wishing to testify, in the order they have signed
the testimony register, shall be presented to the Commission.
8. After each statement has been given, the Chairperson shall afford the
opportunity for questions from the Commission members to be directed to
the person presenting the statement.
9. Written statements, plans, drawings, photographs, and other materials
offered in support of statements at a hearing are part of the hearing record
and shall be retained by the City. Supporting materials shall be left with
the Planning and Zoning Director or Recording Secretary after testimony
is given.
10. After all public statements have been given, the applicant shall be afforded
an opportunity to speak in rebuttal to the statements or to clarify his or her
own statement.
11. After all evidence, statements, rebuttals, and clarifications have been
received, the Commission may take action to close the public hearing.
12. After closure of the public hearing the Chairperson shall call for discussion
and deliberation among the Commission members and review the
adequacy of information and evidence received. During this period
questions may be asked of Staff. That discussion shall lead to action on
the matter being considered.
13. Once the public hearing has been closed, additional testimony may not be
received by the Commission. A public hearing may not be re- opened
unless by a formal motion and action on the part of the Commission. If a
hearing is re- opened, all interested parties shall be given the opportunity
to speak.
14. Following conclusive action on a request, citing Findings of Fact and
Conclusions of Law, the Chairperson shall advise the applicant and other
interested persons of their right to appeal any decision to the City Council.
Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
ORDINANCE - P2
HEARING PROCEDURES 9/19194
0
0
Section 3. This ordinance shall be in full force and effect from and after its passage.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 7th day of
November , 1994.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 7th day of
November , 1994.
ATTEST
City Clerk Mayor
ORDINANCE - P.3
HEARING PROCEDURES
91I W94
r�