Idaho Code
Chapter 65 - LOCAL LAND USE PLANNING
Section 67-6520 - HEARING EXAMINERS.

67-6520. HEARING EXAMINERS. (1) Hearing examiners include professionally trained or licensed staff planners, attorneys, engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, hearing examiners may be appointed by a governing board or zoning or planning and zoning commission for hearing applications for subdivisions, special use permits, variances and requests for rezoning which are in accordance with the plan. Notice, hearing, and records before the examiner shall be as provided in this chapter for the zoning or planning and zoning commission. Whenever a hearing examiner hears an application, he may, pursuant to local ordinance, grant or deny the application or submit a recommendation to the governing board or zoning or planning and zoning commission. His decision or recommendation shall specify:
(a) The ordinance and standards used in evaluating the application;
(b) The reasons for the recommendation or decision; and
(c) The actions, if any, that the applicant could take to obtain an approval.
(2) Every final decision shall provide or be accompanied by notice to the applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all appellate remedies have been exhausted under local ordinance seek judicial review as provided by chapter 52, title 67, Idaho Code.

History:
[67-6520, added I.C., sec. 67-6520, as added by 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 7, p. 836; am. 1993, ch. 216, sec. 112, p. 678; am. 1996, ch. 150, sec. 1, p. 488; am. 1999, ch. 396, sec. 14, p. 1110; am. 2010, ch. 175, sec. 2, p. 360.]

Structure Idaho Code

Idaho Code

Title 67 - STATE GOVERNMENT AND STATE AFFAIRS

Chapter 65 - LOCAL LAND USE PLANNING

Section 67-6501 - SHORT TITLE.

Section 67-6502 - PURPOSE.

Section 67-6503 - PARTICIPATION OF LOCAL GOVERNMENTS.

Section 67-6504 - PLANNING AND ZONING COMMISSION — CREATION — MEMBERSHIP — ORGANIZATION — RULES — RECORDS — EXPENDITURES — STAFF.

Section 67-6505 - JOINT PLANNING AND ZONING COMMISSION — FORMATION — DUTIES.

Section 67-6506 - CONFLICT OF INTEREST PROHIBITED.

Section 67-6507 - THE PLANNING PROCESS AND RELATED POWERS OF THE COMMISSION.

Section 67-6508 - PLANNING DUTIES.

Section 67-6509 - RECOMMENDATION AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.

Section 67-6509A - SITING OF MANUFACTURED HOMES IN RESIDENTIAL AREAS — PLAN TO BE AMENDED.

Section 67-6509B - MANUFACTURED HOUSING COMMUNITY — EQUAL TREATMENT REQUIRED.

Section 67-6510 - MEDIATION — TIME LIMITATIONS TOLLED.

Section 67-6511 - ZONING ORDINANCE.

Section 67-6511A - DEVELOPMENT AGREEMENTS.

Section 67-6512 - SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES.

Section 67-6513 - SUBDIVISION ORDINANCE.

Section 67-6514 - EXISTING ZONING OR SUBDIVISION ORDINANCES.

Section 67-6515 - PLANNED UNIT DEVELOPMENTS.

Section 67-6515A - TRANSFER OF DEVELOPMENT RIGHTS.

Section 67-6516 - VARIANCE — DEFINITION — APPLICATION — NOTICE — HEARING.

Section 67-6517 - FUTURE ACQUISITIONS MAP.

Section 67-6518 - STANDARDS.

Section 67-6519 - APPLICATION GRANTING PROCESS.

Section 67-6520 - HEARING EXAMINERS.

Section 67-6521 - ACTIONS BY AFFECTED PERSONS.

Section 67-6522 - COMBINING OF PERMITS — PERMITS TO ASSESSOR.

Section 67-6523 - EMERGENCY ORDINANCES AND MORATORIUMS.

Section 67-6524 - INTERIM ORDINANCES AND MORATORIUMS.

Section 67-6525 - PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA.

Section 67-6526 - AREAS OF CITY IMPACT — NEGOTIATION PROCEDURE.

Section 67-6527 - VIOLATIONS — CRIMINAL PENALTIES — ENFORCEMENT.

Section 67-6528 - APPLICABILITY OF ORDINANCES.

Section 67-6529 - APPLICABILITY TO AGRICULTURAL LAND — COUNTIES MAY REGULATE SITING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES.

Section 67-6529A - SHORT TITLE.

Section 67-6529B - LEGISLATIVE FINDINGS AND PURPOSES.

Section 67-6529C - DEFINITIONS.

Section 67-6529D - ODOR MANAGEMENT PLANS — COUNTY REQUEST FOR SUITABILITY DETERMINATION — LOCAL REGULATION.

Section 67-6529E - PROCESS FOR COUNTY REQUEST — CONTENTS OF THE REQUEST.

Section 67-6529F - DEPARTMENT RESPONSIBILITIES — AUTHORITY TO ADOPT RULES AND CONTRACT WITH OTHER AGENCIES.

Section 67-6529G - REPORT OF CAFO SITE ADVISORY TEAM — COUNTY ACTION.

Section 67-6529H - SITE SUITABILITY DETERMINATION — APPLICATION FEES.

Section 67-6530 - DECLARATION OF PURPOSE.

Section 67-6531 - SINGLE FAMILY DWELLING.

Section 67-6532 - LICENSURE, STANDARDS AND RESTRICTIONS.

Section 67-6533 - LOCATION OF STORES SELLING SEXUAL MATERIAL RESTRICTED IN CERTAIN AREAS.

Section 67-6534 - ADOPTION OF HEARING PROCEDURES.

Section 67-6535 - APPROVAL OR DENIAL OF ANY APPLICATION TO BE BASED UPON EXPRESS STANDARDS AND TO BE IN WRITING.

Section 67-6536 - TRANSCRIBABLE RECORD.

Section 67-6537 - USE OF SURFACE AND GROUND WATER.

Section 67-6538 - USE FOR DESIGNED PURPOSE PROTECTED — WHEN VACANCY OCCURS.

Section 67-6539 - LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS AND VACATION RENTALS.