A.

The position of planning director is established. The planning director shall be appointed by the board of county commissioners and shall serve at their pleasure. He or she shall receive such compensation as determined by the board of county commissioners.

B.

The planning director shall direct and administer the activities of the planning and zoning department. He or she, or his or her designee, shall administer the provisions of this title and shall have all of the administrative powers connected therewith, which are not specifically assigned to some other officer or body. The planning director shall have no power to vary or waive ordinance requirements except where such discretion is given by specific provisions in this title.

(Ord. 1998-1 § 500.1)

A.

Establishment. To fulfill the purposes of this title there is created a planning and development council to consider the use of land and development of community facilities within the county and to advise the board of county commissioners in such matters. The planning and development council shall carry out the duties specified in Title 67, Chapter 65, of the Idaho Code and such other responsibilities as shall be assigned by this title and other ordinances.

B.

Membership. The planning and development council shall consist of seven members. Members shall be selected according to provisions of Idaho Code Chapter 67-6504 and shall serve without compensation excepting reimbursement for expenses incurred in the course of carrying out commission duties.

C.

Term of Office. The term of office of the planning and development council members shall be four years with the following exceptions:

1.

When it becomes necessary to fill an unexpired term of office, the appointment shall be for the time remaining in the unexpired term.

2.

Members with four or more absences from scheduled meetings in any calendar year period shall be removed from the planning and development council. An unexcused absence is one for which a member has not notified the planning department at least six hours in advance of the meeting.

3.

Members may be removed from the planning and development council for cause by a majority vote of the board of county commissioners.

4.

No member shall serve more than two full consecutive terms without specific concurrence by two-thirds of the governing board.

5.

Council members shall have resided in the county for at least four years prior to their appointment and must remain a resident of the county during service on the council. Not more than one-third of the members of the council may reside within an incorporated city of one thousand five hundred (1,500) or more population in the county. At least one-half of the members of the council shall reside outside the boundaries of any city's area of impact to comply with Idaho Code Chapter 67-6504 as amended.

D.

Ex Officio Clerk. The planning director shall serve as the ex officio clerk of the planning and development council and shall oversee the keeping of records of all matters considered by the planning and development council.

E.

Time of Meetings. The planning and development council shall adopt a meeting schedule for the calendar year and regular meetings shall be held in accordance with the adopted schedule; provided, however, that cancellation of a meeting or suspension of meetings for a period of time shall be permissible provided that one regular meeting shall be held each month for at least nine months in a calendar year. Such cancellation or suspension shall be for cause and shall require the approval of a majority of the voting membership. Additional meetings may be scheduled upon the request of the planning and development council's chairperson or by a letter signed by a majority of the planning and development council membership directing the clerk of the planning and development council to provide proper notice of a special meeting.

F.

Meetings—Notice of Special Meetings Required. No official business may be conducted at any special meeting unless advance notice is given prior to the meeting. Notice shall be provided by publication in the paper of record stating date, time, location and subject matter of the special meeting. Notice of special meetings shall be provided to the planning and development council in accordance with the planning council by-laws. The council may hold informal work sessions for educational purposes or to clarify issues of concern. No official action or no final decision may be made at an informal work session. Notice of an informal work session shall be given in accordance with Idaho Code.

G.

Meetings—Rules of Procedure. The planning and development council shall adopt rules of procedure for the conduct of its business. Such rules shall be available to the public from the office of planning and development services. The rules of procedure of the commission may not supersede the procedural requirements of either this title or Idaho Code where applicable.

The planning and development council shall choose a chairperson and vice-chairperson by majority vote at the first regular meeting of each calendar year.

H.

Powers and Duties of the Planning and Development Council.

1.

The planning and development council shall conduct all public hearings required by this title and the Idaho Code relating to the responsibilities of a planning and development council. It shall be the duty of the planning and development council to recommend or make suggestions to the board of county commissioners, for the adoption of coordinated plans for the physical development of the county and for the formation of zoning districts; to make recommendations concerning the layout, width, extension and location of roads, highways and walkways for the proper management of vehicular and pedestrian traffic; to make recommendations concerning appropriate population densities and development of land within the jurisdiction of the county; to make recommendations concerning the future growth, development and beautification of the county with respect to its public buildings, roads, parks, grounds and lands consistent with population projections for the county; to promote the health, safety and general welfare of residents of the county; to cooperate with other appointed boards to further the general welfare of the public; to review and make decisions and recommendations concerning subdivision activity within the jurisdiction of the county; to review and provide recommendations concerning amendments to the zoning ordinance and other land-use ordinances of the county to the board of county commissioners; to review and make decisions on applications for special permits and exceptions from land use ordinances.

2.

The planning and development council shall also be empowered to conduct such studies or surveys as are necessary to carry out its duties regarding the planning program of the county and to advise the board of county commissioners in matters of community development and planning. The planning and development council shall also make recommendations to the board of county commissioners concerning the form, contents and enforcement of land use and development ordinances in order to carry out the purposes of the comprehensive plan.

3.

The planning and development council shall meet annually with the board of county commissioners during the first three months of the calendar year to discuss matters relating to community development and planning.

4.

All activities undertaken by the planning and development council shall be consistent with budgetary appropriations established by the board of county commissioners for planning and development council activities.

5.

The planning and development council shall assume such additional powers and duties not listed in this section as may be assigned them by the board of county commissioners or state authorities.

(Ord. 1998-1 § 580)

(Ord. No. 2012-2, § 1, 6-20-12; Ord. No. 2013-2 , § 1, 3-20-13; Ord. No. 2014-1 , § 1, 5-28-14)

The planning director or his/her designee, shall be the enforcement officer of this title. Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this title and upon conviction of infraction two times within the last two years, each subsequent violation or failure to comply thereafter will be charged with a misdemeanor violation, and upon conviction thereof shall be subject to a fine of up to three hundred dollars ($300.00) or imprisonment for a period not exceeding six months, or both.

A.

Except in those circumstances where this title specifically designates a violation to be considered a misdemeanor, a violation of the provisions of this title shall be considered an infraction. A violation of the provisions of this title shall constitute a misdemeanor when the violator has previously been convicted of at least two violations of this title within the proceeding twenty-four (24) months.

B.

An initial violation of this title constituting an infraction shall be punishable by a fixed and set fine of fifty dollars ($50.00) when the violator has not previously been convicted of an violation of this title.

C.

A subsequent violation of this title constituting an infraction shall be punishable by a fixed and set fine of one hundred dollars ($100.00) when the violator has previously been convicted of an infraction violation of this title.

D.

A violation of this title constituting a misdemeanor shall be punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding three hundred dollars ($300.00), or both incarceration and fine as determined by a court of competent jurisdiction.

E.

The fine amounts set forth above for infraction offenses shall be separate and apart from any court costs assessed pursuant to Idaho Code Section 31-3201A(c) or any other provision of law. The fines amount set forth for a misdemeanor offense shall be separate and apart from any court costs assessed pursuant to Idaho Code Section 31-320IA(b) or any other provision of law.

F.

Each day on which any violation occurs may be deemed a separate offense.

(Ord. 1998-1 § 570)

(Ord. No. 2005-6, 8-19-05; Ord. No. 2013-2 , § 1, 3-20-13)

Appropriate actions and proceedings may be taken at law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises; and these remedies may be in place of the other penalties described in this section.

(Ord. 1998-1 § 570.1)

( Ord. No. 2013-2 , § 1, 3-20-13)

Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this title may be charged with an infraction, and upon conviction thereof shall be subject to a fine of one hundred dollars ($100.00) plus court costs. Each day on which the violation occurs may be deemed a separate offense.

(Ord. 2001-4 § 1)

A.

No development permitted by this title, including accessory and temporary uses, shall be established or changed; no structure shall be erected, constructed, reconstructed, altered, razed or removed, and no building used, occupied or altered with respect to its use after the effective date of the ordinance codified in this title, until a zoning permit has been secured from the planning director. A zoning permit is not required for remodeling or repairs of structures, providing said remodeling or repair will not enlarge the structure or use, or lead to a change of use. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance or regulation in compliance with all of the terms of this title.

B.

The planning director shall not issue a zoning permit until all of the requirements of this title have been satisfied.

C.

The procedure for making application for a zoning permit shall be the same as the site plan review procedure where applicable.

(Ord. 1998-1 § 501)

The construction, alteration, repair or removal of any structure or the use of any structure or land as provided in this title or as restricted thereby, shall not be commenced, continued, or otherwise carried out without first securing a written permit for same from the building official of the county. The permit shall be displayed and made available to any officer of the county.

(Ord. 1998-1 § 502)

When a building permit and zoning permit are required for any construction, the permits shall be issued concurrently.

(Ord. 1998-1 § 502.1)

A.

No person may apply for or use electrical service in any newly placed or built structure without first securing a building permit for the construction or placement of the structure.

B.

No person or corporation shall furnish electrical service or power to any structure without first securing the number of the building permit for the structure to which the electrical service is to be furnished.

C.

The term "structure" as used in this section shall mean one of the following:

1.

Any new building to which electrical service has not been previously furnished;

2.

Any manufactured or mobile home to which electrical service has not been previously furnished at the present site of said mobile home.

D.

In an instance where the building official determines that a structure is exempt from the requirements of the building code and therefore, no building permit is required, a zoning permit number shall be issued. In an instance where the planning director determines that no zoning permit is required, a waiver number shall be issued.

(Ord. 1998-1 § 502.2)

( Ord. No. 2013-2 , § 1, 3-20-13)

The site plan review procedure is established as part of this title to further the protection of the health, safety and general welfare through the detailed review of site plans for new developments, substantial remodels, changes of use of existing buildings, and additions to existing buildings. The purpose of the process shall be to minimize and, where possible, to eliminate conflicts between the establishment of new or different land uses and adjacent lands or affected public facilities.

(Ord. 1998-1 § 503)

A.

Site plan review shall apply to the following zones and uses:

1.

All uses in commercial and industrial zones;

2.

All changes in use for existing buildings in commercial and industrial zones;

3.

All residential uses in whatever zone they occur;

4.

All churches, schools, and other public or quasi-public uses which, by their nature, have a considerable effect upon their external environment;

5.

All development brought before the planning and development council.

B.

For all uses listed above, a site plan review shall be a necessary condition precedent to issuance of building and/or zoning permits, or a certificate of occupancy.

(Ord. 1998-1 § 503.1)

A.

When a site plan approval is required, the owner or owners of the tract of land in question shall submit to the planning and development services office a site plan of the area to be developed containing the following information:

1.

Site plan drawn to scale, when deemed appropriate;

2.

Lot, building, parking area, etc. dimension;

3.

Diagram of all buildings, existing and proposed;

4.

Location and type of walls, fences and landscaping;

5.

Vehicular, pedestrian and service access;

6.

Off-street parking facilities, including number of spaces, ingress, egress and traffic pattern;

7.

Signs and lighting including location, size, height and method of illumination;

8.

Outdoor storage activities (location and type);

9.

Location of solid waste collection and disposal facilities;

10.

Location of any bulk facilities for bulk storage of hazardous materials (see Section 17.52.390);

11.

Road right-of-way dimensions, current easements, and necessary dedications of right-of-way or easements;

12.

Size and location of water service and sanitary sewer discharge lines; locations of connections to public lines if applicable;

13.

Diagram of methods used for control of on-site stormwater (when requested);

14.

Other such data as may be requested by planning and development services to determine the effect of the development on surrounding property;

15.

Proposed buffer from adjacent properties;

16.

Proposed maintenance methods for living landscaping;

17.

Contours depicting current site topography and final site topography (when requested);

18.

Any additional information that may be pertinent to an individual situation.

B.

If the planning director determines that some of the information required in subsection A of this section is unnecessary for a particular use in a particular situation, he/she may allow the applicant not to provide the information.

(Ord. 1998-1 §§ 503.2, 503.25)

( Ord. No. 2013-2 , § 1, 3-20-13)

The planning and development services office shall review a site plan within five days of receiving the plan, provided it contains required information as specified in Section 17.56.110(A). The office shall review all aspects of the submitted site plan and either approve with stipulations necessary to protect the public interest or reject it for cause. Changes required by planning and development services shall be incorporated into the site plan, which is submitted for issuance of a zoning permit. Stipulations to the site plan shall be made on the face of the submitted plan unless the applicant desires a written list of required changes, in which case such a list shall be provided within three days of the request for same. A zoning permit shall not be issued until the site plan and proposed use satisfy all the requirements of this title.

(Ord. 1998-1 § 503.3)

A.

An applicant denied a zoning permit or site plan approval may appeal the planning director's decision within fourteen (14) days of delivery of the decision to the applicant.

B.

The planning and development council shall review the planning director's findings, and the applicant's arguments as a business item and reach a decision to uphold, reverse, modify or return the planning director's decision for further findings.

C.

The planning and development council's decision may be appealed to the board of Bannock County commissioners within fourteen (14) days of delivery of the decision to the applicant.

D.

The board of county commissioners shall review the planning and development council's findings and the appellant's arguments and reach a final decision to uphold, reverse, modify or return the planning and development council's decision for further findings.

E.

Appeals shall be filed in writing in the planning and development services office.

F.

Delivery of the decision shall mean the date of hand delivery or the date of mailing of the decision to the applicant.

(Ord. 1998-1 § 503.4)

Planning and development services may require, upon examination of the proposed site plan and statement of just cause, additional conditions of construction prior to the issuance of a zoning permit or building permit. Such conditions may include:

A.

Additional building setbacks when it is found that the setbacks required by law are inadequate by reason of interference with utility or other easements; obstruction of traffic view; potential interference with the orderly extension of roads, or utility lines; existing geological hazards, or any combination of the foregoing;

B.

A limitation on building height when it is found that any geological hazard exists which would create any safety hazard if the site plan proposal were approved or when it is found that occupancy of a building of the height proposed could not be supported by existing or contemplated utilities;

C.

Walls, fences, buffer planting and screening devices when it is found that such are required for reasons of safety or the control of noise or other external effects;

D.

Off-site improvements in public rights-of-way adjacent to subject property when it is found that the site plan proposal might otherwise produce obvious traffic hazards or otherwise harmful, hazardous or obnoxious effects on such right-of-way;

E.

Limits on traffic circulation and vehicular access when it is found that such are required for reasons of safety or the control of sound or other pollution;

F.

Limitations on signs and lighting when it is found that proposed signs and lighting would constitute an aesthetic nuisance or any potential safety hazard;

G.

Any change which may be necessary for reasons of safety, public health and comfort, or the promotion of the general welfare; provided, planning and development services, when requiring any change under this subsection, shall specify in detail the precise nature of any factor or factors which are considered to require changes in the site plan proposal.

(Ord. 1998-1 § 503.5)

If the permit applicant agrees to comply with planning and development services findings, the applicant shall submit a modified site plan with his or her building permit and zoning permit application. Copies of the approved site plan shall be retained by the department of planning and development services to be checked through building construction and when application is made for a certificate of occupancy.

(Ord. 1998-1 § 503.6)

If the permittee, under the terms of this title, desires to alter the various details of an approved site plan, the permittee shall follow the procedures for approval of a new site plan. Failure to do so will result in placement of a stop-work order on the project.

(Ord. 1998-1 § 503.7)

No building permit or zoning permit shall be issued for any building or use for which site plan review is required unless site plan approval has been obtained. No occupancy shall be permitted or certificate of occupancy issued unless the terms and details of an approved site plan are met. The planning director or his/her representative shall conduct an as-built inspection to verify compliance and shall sign off on a certificate of occupancy if terms are satisfactorily met.

(Ord. 1998-1 § 503.8)

A.

No structure shall be occupied or used in whole or in part until a certificate of occupancy has been issued by the planning and development services office indicating that the building or use complies with all zoning requirements of this title.

B.

No permit for any new use or construction which will involve the on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, or which requires the health department's approval shall be issued until said approval has been issued by the health department.

C.

The issuance of a certificate of occupancy in no way relieves any recipient thereof from compliance with all of the terms of this title and all other applicable regulations.

(Ord. 1998-1 § 504)

( Ord. No. 2013-2 , § 1, 3-20-13)

A.

This article shall set forth the policy and general standards to apply to planned unit developments as defined in this title.

B.

The regulations contained in this article are intended to allow greater flexibility in the formulation of development plans which will fit better with the environment in which the development is to be placed than would be the case under conventional development requirements found elsewhere in this title. Particular emphasis is to be placed on architectural design and aesthetic values.

C.

In consideration of the broad design latitude given to developers of planned unit developments, the planning and development council and board of county commissioners reserve wide discretionary powers in judging the concepts incorporated into specific planned unit development design. Emphasized in the exercise of this judgment shall be consistency with the goals and policies of the comprehensive plan of the county.

(Ord. 1998-1 §§ 510, 510.1)

The applicant for planned unit development approval shall submit an application which complies with standards adopted by ordinance of the board of county commissioners pursuant to the terms of this title. Procedures to be followed shall be the same as those used for a conditional use permit if only residential development is proposed, and shall comply with procedural requirements for a zone change when any commercial land use is proposed in a residential zone.

(Ord. 1998-1 § 510.2)

A planned unit development shall be in one ownership or under singular management control through the entire planning and development stage to ensure that development can be accomplished as planned. The county may require documentation of unitary control as it deems necessary.

(Ord. 1998-1 § 510.3)

The minimum area required for a planned unit development shall be five acres, unless otherwise specified in this title and the maximum area is one hundred (100) acres unless otherwise noted for a particular district.

(Ord. 1998-1 § 510.4)

( Ord. No. 2013-2 , § 1, 3-20-13)

A sketch plan of the planned unit development proposal shall be reviewed at a joint meeting of the planning and development council and the board of county commissioners before the proposal can be submitted to the planning and development council for public hearing. The purpose of the meeting shall be to make the prospective developer of a project aware of concerns which might affect the proposed development.

(Ord. 1998-1 § 510.5)

Any planned unit development which contemplates subdivision activity shall comply in all respects with the procedural and substantive requirements established by the subdivision ordinance of the county.

(Ord. 1998-1 § 510.6)

All planned unit developments which have a residential component shall provide open space for use-in-common equal to ten percent of the gross area committed to residential use.

(Ord. 1998-1 § 510.7)

In the design process, paramount effort shall be made to fit a planned unit development proposal with the natural and developed environment around it. Of particular significance in this regard is maintenance of traffic circulation patterns.

(Ord. 1998-1 § 510.8)

The board of county commissioners, upon receipt of a recommendation from the planning and development council, shall adopt such design and performance standards as may be necessary to direct conformity with the goals and objectives of this section. The standards may be adopted by ordinance of the board of county commissioners.

(Ord. 1998-1 § 510.9)

Although building placement requirements in this title may be excepted in the planned unit development process, terms of the building code concerning building construction and building separation shall be complied within their entirety.

(Ord. 1998-1 § 510.10)

( Ord. No. 2013-2 , § 1, 3-20-13)

Mobile home parks shall be developed as planned unit developments in conformity with the density requirements for the area involved. All requirements applicable to other planned unit developments shall govern the development of mobile home parks.

(Ord. 1998-1 § 510.11)

A.

Either representatives of the county or any person possessing ownership rights or an exclusive contractual right to possession of a parcel of land may petition the planning and development council for a zoning district boundary change (rezoning). The applicant for a district boundary change shall provide such information as may be required by the planning and development council in the form desired, at least thirty (30) calendar days in advance of a regularly scheduled meeting of the planning and development council. Upon receipt of all materials required to complete the application, the clerk of the planning and development council shall schedule a public hearing concerning the request, providing proper notice as required by the Idaho Code and application portion of this title.

B.

The planning and development council shall complete the public hearing on a district boundary request within forty-five (45) calendar days of its initiation. A formal recommendation on each request shall be transmitted to the board of county commissioners within forty-five (45) calendar days of the completion of the public hearing. Extension of these time limits may be accomplished with consent of the applicant.

C.

Public hearings before the planning and development council shall provide opportunities for all interested parties to testify in support of their points of view in accord with procedures and rules established by the planning and development council. Written testimony may be accepted prior to a public hearing, during the public hearing, or until the planning and development council deems the public hearing closed. The planning and development council may vote to authorize the submission of appropriate written testimony for up to ten days following the conclusion of a public hearing. Final recommendations shall not be made until all testimony, oral or written, has been received by the planning and development council. If a public hearing has been closed, additional public comment shall be received only after appropriate notice is provided in accord with the Idaho Code requirements and standards established by this title.

(Ord. 1998-1 § 520.1)

A.

The clerk of the planning and development council shall compile the records of the planning and development council concerning a request for a zoning district boundary change and transmit them to the board of county commissioners. An additional public hearing shall then be scheduled before the board of county commissioners. The board of county commissioners shall consider the record compiled by the planning and development council and additional testimony submitted during the board of county commissioners' public hearing process. The board of county commissioners' procedure for accepting testimony at public hearings shall be consistent with standards established for the planning and development council. The board of county commissioners shall conclude actions on a zoning district boundary change within forty-five (45) days of the completion of public hearings on the question.

B.

The recommendation of the planning and development council to the board of county commissioners, and final decision of the board of county commissioners, respectively, shall be stated in the form of a formal findings of facts and conclusions which shall be adopted by a majority of members taking part in deliberations on the request. This document shall list facts taken into account in arriving at a recommendation or decision, and shall state the conclusions drawn from the facts, specifically as they concern the goals and policies of the comprehensive plan and this title.

(Ord. 1998-1 § 520.2)

A.

Notice of public hearing shall be provided in accord with requirements of the Idaho Code and such other standards as this title may require. Where the names of land owners must be provided for mailing public hearing notices, the records of the county assessor's office shall serve as the official source.

B.

Names of parties to receive notice concerning applications made pursuant to provisions of this title shall be provided by applicants seeking a change in zoning district boundaries. All responsibility for provision of accurate mailing lists shall rest with the applicant.

C.

Notices of public hearing shall be prepared and mailed under supervision of the clerk of the planning and development council.

D.

Should notice be alleged to be defective, the allegations shall be reviewed by the planning director, prosecuting attorney and presiding officer of the body scheduled to conduct the hearing to determine the nature of the alleged problem and its potential effect upon the proceedings.

E.

Appeals concerning adequacy of notice may be made from the decision of the aforementioned committee to the entire membership of the board of county commissioners or planning and development council involved.

(Ord. 1998-1 § 520.3)

A.

Changes in zoning district boundaries may be approved only if they are consistent with the goals and policies adopted in the county comprehensive plan. Zone changes may be achieved only by passage of an ordinance modifying the official zoning map of the county. The ordinance shall be accompanied by a map depicting the change to be made. Rezoning applications which have been rejected may not be refiled for twelve (12) months following board of county commissioners' action on them unless the rezoning application was rejected conditionally to permit reapplication.

B.

The planning and development council may grant a rezoning request if it makes affirmative findings of fact on each of the following standards:

1.

The uses allowed in the proposed district would be compatible with surrounding uses;

2.

The proposed zoning district would not adversely affect the surrounding neighborhood's stability and property values;

3.

The applicant has shown that there is a need for the proposed zoning district in the county or at the proposed location;

4.

The public cost resulting from the change in land use would not be excessive when compared with the public benefit derived from the change in land use;

5.

Adequate public services, utilities and facilities would be available to serve the changed land use;

6.

The proposed zoning district would not allow uses that would be detrimental to the environment of the immediate neighborhood;

7.

The requested change would be in accordance with the goals and policies of the county comprehensive plan.

(Ord. 1998-1 § 520.4)

Editor's note— Ord. No. 2013-2 , § 1, adopted March 20, 2013, repealed § 17.56.340, which pertained to necessity for ordinance—resubmission of application and derived from Ord. No. 1998-1 § 520.5.

A conditional use may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the ordinance, but may be allowed with conditions under specific provisions of the ordinance and when it is not in conflict with the comprehensive plan. The allowance of a conditional use is discretionary with the planning and development council and may be granted only in the best interests of the general public. The applicant for a conditional use permit shall carry the burden of proof in showing that the proposed use does not conflict with the spirit or purpose of the comprehensive plan of the county and the standards for conditional use permits set forth in this title.

(Ord. 1998-1 § 530)

The planning director shall be responsible for administration of the conditional use procedure, and the planning and zoning commission shall be responsible for review, evaluation and action on all applications for a conditional use permit.

(Ord. 1998-1 § 530.1)

Application for a conditional use permit and for rezoning for the same property may be made concurrently, subject to the fees applicable to both a conditional use permit and a rezoning. The planning and development council may hold the public hearing on the rezoning and the conditional use permit at the same meeting and may combine the two hearings. In such cases, the date of the planning and development council's decision on the conditional use permit application shall be deemed to be the same as the effective date by the board of county commissioners of an ordinance changing the zone boundaries, provided that if the board of county commissioners modifies a recommendation of the planning and development council on a concurrent zoning reclassification, the conditional use permit application shall be reconsidered by the planning and development council in the same manner as a new applications; provided, however, that no additional fee shall be required.

(Ord. 1998-1 § 530.2)

Application for a conditional use permit shall be filed with the planning director at least thirty (30) days prior to the public hearing. The application shall include the following:

A.

Name and address of the owner and applicant;

B.

Address and legal description of the property;

C.

If the applicant is not the legal owner of the property, a written statement signed by the owner that the applicant is the authorized agent of the owner of the property;

D.

A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the director may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading, and circulation facilities;

E.

Site plan, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all sufficiently dimensioned, as required to illustrate the following:

1.

The date, scale, north point, title, name of owner, and name of person preparing the site plan,

2.

The location and dimensions of boundary lines, with distances and bearings, easements, and required yards and setbacks, watercourses, drainage features and location and size of existing and proposed roads and 100-year flood plains,

3.

The location, height, bulk, general appearance, the intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting sites,

4.

The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs and lighting,

5.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements,

6.

For sites with an average slope greater than ten percent, a plan showing existing and proposed topography and grading and proposed erosion control measures,

7.

The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made,

8.

Any applicable fee established by the board of county commissioners.

(Ord. 1998-1 § 530.3)

The planning and development council shall hold a public hearing on each application for a conditional use permit. Notice shall be given as prescribed in Section 17.56.640. At the public hearing, the planning and development council shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the standards prescribed in Section 17.56.410.

(Ord. 1998-1 § 530.4)

The planning and development council shall act on the application not more than thirty (30) days following the closing of the public hearing on a conditional use permit. The commission may grant a conditional use permit as the permit was applied for or in a modified form, or subject to conditions, or may deny the application.

(Ord. 1998-1 § 530.5)

The planning and development council may grant a conditional use permit if it makes affirmative findings of fact on each of the following standards:

A.

The proposed use would not adversely affect surrounding properties to a materially greater extent than would a permitted use in the district;

B.

The proposed use would not cause an undue disruption of travel or an extraordinary increase in the volume of traffic in the vicinity of the proposed use;

C.

The proposed use would not damage the public health, safety or general welfare within its vicinity, or be materially injurious to properties or improvements in the vicinity;

D.

The proposed use would be consistent with the goals and policies of the comprehensive plan of the county;

E.

The proposed use would be designed to be as compatible in terms of building height, bulk, scale, setbacks, open spaces, and landscaping with adjacent uses as is practical.

(Ord. 1998-1 § 530.6)

Upon the granting of a conditional use permit, conditions may be attached to a permit including, but not limited to, those:

A.

Minimizing adverse impact on other developments, such as:

1.

Requirements for special yards, open space, buffers, fences, walls and screening,

2.

Requirements for installation and maintenance of landscaping and erosion control measures,

3.

Requirements for road improvements and dedications,

4.

Regulations of signs,

5.

Regulation of hours or other characteristics of operation,

6.

Establishment of development schedules or time limits for performance or completion;

B.

Controlling the sequence and timing of development;

C.

Controlling the duration of development;

D.

Assuring that development is maintained properly;

E.

Designating the exact location and nature of development;

F.

Requiring the provision for on-site or off-site public facilities or services;

G.

Requiring more restrictive standards than those generally required in an ordinance;

H.

Imposing other conditions that the planning and development council deems necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare and to ensure compliance with the standards listed in Section 17.56.410.

(Ord. 1998-1 § 530.7)

The decision of the planning and development council shall be effective ten days after the date on which decision is announced unless an appeal has been filed pursuant to Section 17.56.590.

(Ord. 1998-1 § 530.8)

A.

Unless a longer time shall be specifically established as a condition of approval, a conditional use permit shall lapse and shall become void six months following the date on which such permit became effective, unless prior to expiration a building permit and zoning permit are issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued for the use.

B.

A conditional use permit subject to lapse may be renewed by the planning and development council for an additional period of six months provided that prior to the expiration date, a written request for renewal is filed with the planning director.

(Ord. 1998-1 § 530.91)

Sections 17.56.350 through 17.56.430 shall apply to an application for modification, expansion, or other changes in a conditional use permit, provided that minor revisions or modifications may be approved by the director if he/she determines that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect the findings prescribed in Section 17.56.410.

(Ord. 1998-1 § 530.92)

A.

Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended upon notification to the owner of a use or property subject to a conditional use permit.

B.

The planning and development council shall hold a public hearing within forty (40) days of such notification, in accordance with Article X of this chapter, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

C.

The decision of the planning and development council to revoke a conditional use permit shall be effective immediately.

(Ord. 1998-1 § 530.93)

Following the denial or revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 1998-1 § 530.94)

A conditional use permit granted pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure.

(Ord. 1998-1 § 530.95)

A.

Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of an amended conditional use permit, provided that alterations not exceeding two thousand five hundred dollars ($2,500.00) in value as determined by the building official shall be permitted without the granting of an amended conditional use permit. The procedure for obtaining an amended conditional use permit shall be the same as for obtaining a conditional use permit.

B.

A conditional use permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, to a greater extent than fifty (50) percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building inspector and shall be based on the minimum cost of construction in compliance with the building code.

(Ord. 1998-1 § 530.96)

A variance shall not be considered a right but may be granted to an applicant upon a showing of undue hardship related to physical characteristics of the site, and then only if the proposal is not in conflict with the public interest.

A.

Application for a variance shall be filed by the owner of the subject property with the planning director at least thirty (30) days prior to the public hearing. The application shall include the information necessary to enable the planning and zoning department to make a complete analysis of the variance request.

B.

The planning director may request additional information necessary to enable a complete analysis and evaluation of the variance request, and a determination as to whether the circumstances prescribed for the granting of a variance exist.

C.

The application shall be accompanied by a fee established by the board of county commissioners. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent parcels with similar characteristics.

D.

The applicant shall also provide the planning director with the names and addresses of the owners of property that abuts the applicant's parcel.

(Ord. 1998-1 § 540.1)

Notice of the variance request shall be given to adjoining property owners at least seven days before the date of the public hearing.

(Ord. 1998-1 § 540.2)

The planning and development council shall act upon the application within forty-five (45) days following the close of the public hearing on a variance. The planning and development council may grant a variance as the variance was applied for or in modified form, or subject to conditions, or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the planning and development council may prescribe.

(Ord. 1998-1 § 540.3)

The planning and development council may grant a variance if it makes affirmative findings of fact on each of the following standards:

A.

The applicant has shown that there is no reasonable alternative;

B.

The variance is not in conflict with the public interest;

C.

The variance will not adversely affect adjacent property;

D.

If the variance is not granted, the applicant will suffer undue hardship caused by the physical characteristics of the site.

(Ord. 1998-1 § 540.4)

A decision of the planning and development council on a variance shall be effective ten days after the date on which action is announced unless an appeal has been filed with the board of commissioners.

(Ord. 1998-1 § 540.5)

The appeal procedure is the same as the procedure in Section 17.56.590.

(Ord. 1998-1 § 540.6)

A.

Unless a longer time period shall be specifically established as a condition of approval, a variance shall lapse six months following the date on which the variance is issued, unless prior to the expiration of the six months, a building permit and a zoning permit are issued.

B.

A variance subject to lapse may be renewed by the planning and development council for an additional period of six months, provided that prior to the expiration date, a written request for renewal is filed with the planning and development council.

C.

The planning and development council may grant or deny an application for renewal upon a showing by the applicant that circumstances beyond his or her control caused the delay.

(Ord. 1998-1 § 540.7)

A.

Upon violation of any applicable provision of this title or, if granted subject to conditions, upon failure to comply with conditions, a variance shall be suspended upon notification to the owner of the use or property subject to the variance.

B.

The planning and development council shall hold a public hearing within forty (40) days of such notification, in accord with Article X of this chapter, and if not satisfied that the regulation, general provision or condition is being complied with, may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision or condition.

(Ord. 1998-1 § 540.8)

A minor variance may be approved by the planning director subject to the following limitations:

A.

A minor variance may not reduce a requirement by more than ten percent of its original standard, except in situations where proposed building additions would conform to established setbacks.

B.

The applicant shall furnish the planning director with written consent from abutting property owners before the director approves a minor variance.

C.

If a minor variance request is denied, the applicant may appeal by proceeding through the regular variance process.

(Ord. 1998-1 § 540.9)

A.

The board of county commissioners shall serve as the decision-making body for appeals of decisions of the planning and development council. The planning and development council's decision may be appealed to the board of county commissioners by the applicant or any other aggrieved person within ten days after the date on which the decision is made. Notice of the appeal shall be filed with the planning director.

B.

A transcript of the planning and development council's consideration of the request shall be provided by the county at the expense of the appellant. The board of county commissioners shall determine the fee per page to be charged for transcripts. The appellant shall pay the estimated cost of the transcript to the county in advance, and be refunded money or owe additional money when the transcript has been prepared, and the actual cost determined.

C.

Not more than thirty (30) days following the preparation of transcripts, the board of county commissioners shall meet to consider the appeal. The hearing shall not be a public hearing, but shall be open to the public. The hearing shall be an "on the record review." During the hearing, county staff shall be available to present the application and answer questions; however, comments will not be received from the audience. The board of county commissioners shall consider such findings, reports, minutes, comments, and recommendations as are forwarded to them by the planning and development council in rendering their decision. Any applicant or other affected person may request a reconsideration of the board of county commissioners decision.

(Ord. 1998-1 § 550)

( Ord. No. 2013-2 , § 1, 3-20-13; Ord. No. 2015-1 , § 1, 6-24-15)

Any applicant or any other affected person may request a reconsideration of the board of county commissioner's decision within fourteen (14) days. The reconsideration request must be in writing and must identify the specific deficiencies in the decision. The board of county commissioners shall provide a written decision to the applicant or affected person within sixty (60) days of receipt of the reconsideration request or the request is deemed denied. For purposes of judicial review, the decision of the board of county commissioners is not considered final unless the process for reconsideration as set forth in this title and in Idaho Code has been followed. Any applicant or affect person seeking judicial review must first request reconsideration of the decision.

(Ord. 1998-1 § 550.1; Ord. No. 2015-1 , § 1, 6-24-15)

Fees may be required by the board of county commissioners for the review of any application for a land use related request.

(Ord. 1998-1 § 550.2)

Members of the board of county commissioners shall be strictly bound by all applicable laws relating to conflict of interest. The planning and development council and county staff shall indicate any potential conflicts of interest they might have in a case, and if significant conflicts are identified, affected parties shall withdraw from activity in the case. In such events, appropriate substitutes shall be named by the chairperson of the board of county commissioners.

(Ord. 1998-1 § 550.5)

All public hearings conducted pursuant to requirements of this title and/or Title 67, Chapter 65, of the Idaho Code shall comply with the standards set forth by Sections 17.56.640 through 17.56.720.

(Ord. 1998-1 § 560.1)

Prior to a public hearing as specified in this article, proper notice of the public hearing shall be given as required by this title and/or Title 67, Chapter 65, of the Idaho Code.

(Ord. 1998-1 § 560.2)

The respective clerks of the board of county commissioners and planning and development council holding public hearings pursuant to this title or Title 67, Chapter 65, Idaho Code, shall maintain records of the proceedings in the following manner:

Transcribable verbatim recordings of the proceedings shall be maintained for three years from the date of the hearing. At the expiration of the three-year period, the recordings may be discarded after consultation with the county prosecuting attorney. Originals of written submittal to the hearing record and copies of applications shall be maintained for three years from the date of the hearing. At the expiration of the three-year period, the written documents may be discarded after consultation with the county prosecuting attorney.

Minutes which catalog the occurrences at the public hearing shall be maintained as required by pertinent sections of the Idaho Code.

(Ord. 1998-1 § 560.3)

Public hearings held to consider permit applications and rezoning shall follow the order of events set forth below. These procedures may be modified for other types of hearings such as those held to consider planning matters, ordinances or amendments to ordinances:

A.

A presentation is made by the applicant;

B.

An explanation of the subject of the hearing is presented by the planning and development service staff;

C.

Testimony is given by the audience in favor of the proposal. Questioning of the participants, and rebuttals are entertained by the planning and development council or board of county commissioners;

D.

Testimony is given by the audience against the proposal;

E.

The applicant may rebut the arguments offered by the opposition;

F.

The planning and development council or board of county commissioners discusses the hearing subject; they may direct questions to the staff, applicant and audience during this stage of the hearing process;

G.

The hearing is closed to oral testimony from the applicant and audience;

H.

The hearing process is concluded.

(Ord. 1998-1 § 560.4)

The presiding officer may limit the time allotted to presentation of oral testimony in a public hearing. The allocation of time shall provide for a reasonable opportunity for proponents and opponents of an issue to be heard.

(Ord. 1998-1 § 560.5)

A.

Oral testimony made at a public hearing shall comply with the following standards:

1.

It must directly address the subject at hand;

2.

It must not be repetitious with other entries into the record;

3.

It must not be personally malicious;

4.

It must comply with time restrictions established by the presiding officer.

B.

If oral testimony fails to comply with the aforementioned standards, the presiding officer shall declare such testimony out of order and require it to cease.

(Ord. 1998-1 § 560.6)

A.

Written testimony to be admitted at a public hearing shall comply with the following standards:

1.

It must include the signature and address of the submitter;

2.

It must address the issue at hand;

3.

It must not be personally malicious;

4.

It may be submitted at the public hearing; the presiding officer may require an oral reading of such written testimony if deemed beneficial or if requested by a party interested in the proceedings.

B.

If written testimony fails to comply with the aforementioned standards, the presiding officer shall declare such testimony inadmissible.

(Ord. 1998-1 § 560.7)

Where discretionary written response is permitted by the provisions of this title, parties to a public hearing may be allowed or requested by the planning and development council or board of county commissioners to submit written responses to questions raised at the public hearing after the hearing has been closed to oral comment.

Such written comment shall conform to the following standards:

A.

The response or comment must be specifically requested by the presiding officer;

B.

The response must directly address the inquiry raised by the presiding officer;

C.

The response must be submitted to the clerk of the affected board of county commissioners, or planning and development council, in compliance with the time limits established by this title or the presiding officer.

(Ord. 1998-1 § 560.8)

Copies of material submitted for inclusion in the official record of a public hearing shall be available to interested parties, if requested, for the usual charges for research and duplication made by the county.

(Ord. 1998-1 § 560.9)

All rulings made by the presiding officer of any board conducting a public hearing may be overruled upon a majority vote of the board members present.

(Ord. 1998-1 § 560.10)