BOISE - In response to the procedural impacts of the Idaho Supreme Court recent ruling on Interfaith Sanctuary, the city is developing a change to the appeal procedures for Conditional Use Permits (CUP). The proposed change intends to ensure accountability and transparency in land use decisions and to clarify both the Planning and Zoning Commission and City Council’s decision-making authority.
"One of our core values at the city is that there’s nothing we can’t do better, and the recent Supreme Court decision highlighted the need to amend the modern zoning code’s process of review and approval for conditional use permits to increase transparency and accountability, and avoid any potential confusion in the future," said Deputy Chief of Staff Hannah Brass-Greer. "With the upcoming amendments, the appeal process will be straight-forward to commissioners, council members, developers, and the public."
Under both the current and proposed processes, a conditional use permit (CUP) is granted or denied by the Planning and Zoning Commission, with any appeals going to City Council for consideration. Currently, the City Council may modify, attach conditions to, or reverse the Planning and Zoning Commission’s decision through the appeal only if they can meet findings that generally state that the Commission acted outside their authority or made an error.
Under the proposed amendment, city council would be able to hear an appeal with an open record and the ability to consider new evidence, including testimony from members of the public who did not previously testify on the issue.
The proposal will first be presented to the Planning and Zoning Commission for a recommendation before City Council consideration. Details on when and how the public can weigh in on the new process will be announced in the coming days.
Once the new process is finalized, Interfaith Sanctuary may submit a new conditional use permit application for consideration.