HomeMy WebLinkAbout0412 Land Use Commission Written Testimony 1994CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. al -�
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING
SECTION 18.28.020(D) OF THE CHUBBUCK MUNICIPAL CODE TO
CHANGE THE TIME WRITTEN TESTIMONY MUST BE FILED BEFORE
THE LAND USE COMMISSION; REPEALING PRIOR CONFLICTING
ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER
SECTIONS AND PROVISIONS OF CHAPTER 18.28 NOT HEREIN
AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Amend Section 18.28.020(D. Section 18.28.020(D) of the Chubbuck
Municipal Code is amended as follows:
D. Conduct of hearing. All hearings before the commission, except
hearings on applications for design review clearance, shall be held as a public
hearing, with opportunity for public comment or testimony. All public hearings
provided for in this title shall be held in accordance with this subsection and shall
follow the order set forth hereinafter:
1. Explanation of subject of hearing by city staff, including
recommendations, if any.
proposal.
2. Presentation by applicant or petitioner.
3. Testimony from audience in favor of and/or against the
4. Questioning of involved parties by participants in the hearing.
5. Closure of oral testimony.
6. Discussion of hearing subject among commission or council
members. Questions may also be directed to city staff.
7. Conclusions of hearing process. The presiding officer may
limit the time allotted to presentation of oral testimony in a public hearing. Said
allocation of time shall provide for a reasonable opportunity for proponents or
opponents of an issue to be heard. The presiding officer may exclude repetitious,
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personally malicious and irrelevant testimony. Written testimony must be
submitted at least tree seven 7 days ,(weekends and holidays to be counted)
prior to the public hearing, shall comply with the standards for oral testimony,
shall include the signature and address of the submitter, shall be made available
to persons in attendance at the public hearing, or shall be read in full. A
transcribable, verbatim record of all hearings shall be maintained for six months
after a final decision has been reached on the matter. Upon written request and
within the time period herein provided for the retention of the record, any person
may have the record transcribed at his expense. Minutes of all hearings and
proceedings shall also be kept and maintained indefinitely in accordance with city
ordinance.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of
the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which
are in conflict with the provisions of this Ordinance are hereby repealed to the extent of
such conflict. All other sections and provisions of Chapter 18.28 not herein amended
shall remain in full force and effect.
Section 2. Severability. If any provision of this ordinance is held invalid, for any
reason, by any court of competent jurisdiction, such holding shall not affect the validity
or enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is hereby dispensed with, and this
Ordinance shall become effective upon its passage, approval and publication as provided
by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this 10th -day of MAY , 1994.
AYOR
ATTEST:
J
ter..
CITY CLERK
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