This chapter provides procedures for amending this title (including zoning text and maps). (Ord. 501, 11-18-2008)

A request for amendment to the text of this title, the comprehensive plan or to the zoning map must be accompanied by a written request that addresses:

   A.   The reason for the request.

   B.   The conformity of the proposal to the comprehensive plan.

   C.   The effect of the proposal on adjacent property.

   D.   Any other information considered by the Planning Director or Governing Body to be necessary for a complete evaluation of the proposal, such as information regarding utilities, traffic, service connections, natural resources, unique features of the land or off site features affecting the proposal. (Ord. 501, 11-18-2008; amd. Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)

   A.   Any person may initiate action to change the zoning or comprehensive plan map. (Ord. 559, 1-4-2017)

An amendment to the text of this title or comprehensive plan may be initiated by any citizen or property owner of Bonner County. A fee shall be collected for any amendment initiated by a citizen or property owner, as set forth at section 12-265 of this chapter. The amendment shall be considered in accordance with the procedure specified in Idaho Code sections 67-6509 and 67-6511. (Ord. 559, 1-4-2017)

   A.   The regulations, restrictions and boundaries set forth in this title may from time to time be amended, supplemented or repealed in accordance with Idaho Code. Amendments to the comprehensive plan shall be made in accordance with the notice and hearing procedures prescribed in Idaho Code section 67-6509 and shall require a noticed hearing before the Planning Commission. Amendments to an ordinance establishing a zoning district shall be made in accordance with the notice and hearing procedures prescribed in Idaho Code sections 67-6509 and 67-6511 and shall require a noticed hearing before the Planning Commission. All other amendments to this title shall require a hearing before the Planning Commission.

   B.   At least twenty two (22) days prior to the hearing, notice of the time and place of the hearing and a summary of the proposed amendment shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be made available to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. A record of the hearing, the findings made, and actions taken shall be maintained.

   C.   When a hearing is required before the Planning Commission as prescribed in this section, the Planning Commission shall produce written findings and recommendations and transmit them to the Board of County Commissioners within thirty (30) working days of the date of the hearing. This time limit may be extended or modified by written consent of the Board of County Commissioners. Failure of the Planning Commission to issue a decision within the time period prescribed in this section shall be deemed a denial or a recommendation of denial. The Board of County Commissioners, prior to taking action on the amendment, may conduct a public hearing using the same notice and hearing procedures as the Planning Commission. The Board of County Commissioners shall not hold a public hearing, give notice of a proposed hearing nor take action on the proposed amendment until recommendations have been received from the Planning Commission or thirty (30) working days have passed and the Planning Commission has failed to transmit its findings and recommendations to the Board. If the Board fails to act within twenty (20) working days of the first day it could take action, such inaction shall be deemed an approval of the Planning Commission’s recommendation.

   D.   If the Board of County Commissioners approves an amendment, the amendment shall then be made a part of this title by passage of an appropriate ordinance.

   E.   When a hearing is required before the Zoning Commission as prescribed in this section, the Zoning Commission shall produce written findings and recommendations and transmit them to the Board of County Commissioners within thirty (30) working days of the date of the hearing. This time limit may be extended or modified by written consent of the Board of County Commissioners. Failure of the Commission to issue a decision within the time period prescribed in this section shall be deemed a denial or a recommendation of denial. The Board of County Commissioners, prior to taking action on the amendment, may conduct a public hearing using the same notice and hearing procedures as the Planning Commission. The Board of County Commissioners shall not hold a public hearing, give notice of a proposed hearing nor take action on the proposed amendment until recommendations have been received from the Zoning Commission or thirty (30) working days have passed and the Planning Commission has failed to transmit its findings and recommendations to the Board. If the Board fails to act within twenty (20) working days of the first day it could take action, such inaction shall be deemed an approval of the Zoning Commission’s recommendation. (Ord. 550, 3-1-2016; amd. Ord. 590, 6-12-2019; Ord. 661, 3-18-2022; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)

An applicant for a zone or comprehensive plan map change shall submit the following:

   A.   A plan of the site, drawn to scale.

   B.   A narrative statement that addresses:

      1.   The effects of elements such as noise, light glare, odors, fumes and vibrations on adjoining property.

      2.   The compatibility of the proposal with the adjoining land uses.

      3.   The relationship of the proposal to the comprehensive plan.

   C.   Reserved. (Ord. 583, 12-5-2018)

   D.   A legal description of the subject property prepared by an Idaho licensed surveyor.

   E.   A “vicinity map”, as defined in section 12-822 of this title, sufficient to show the impact of the proposal commensurate with the scale of the project.

   F.   Any other information considered by the Planning Director or Governing Body to be necessary for a complete evaluation of the proposal; such as information regarding utilities, traffic, service connections, natural resources, unique features of the land or off site features affecting the proposal.

(Ord. 501, 11-18-2008; amd. Ord. 696, 7-12-2023)

Staff and the Governing Bodies shall review the particular facts and circumstances of each proposal submitted and shall determine whether there is adequate evidence that the proposal is not in conflict with the policies of the comprehensive plan, as found in the adopted Implementation Component. For zone change proposals, the request shall be evaluated against chapter 12 subchapter 3.2 or as hereafter amended. (Ord. 501, 11-18-2008; amd. Ord. 681, 10-12-2022; Ord. 682, 10-12-2022; Ord. 712, 6-12-2024)

Notices and public hearings shall be provided pursuant to the procedural requirements of Idaho Code section 67-6511. When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears no later than ten (10) days prior to the public hearing. (Ord. 501, 11-18-2008)

This subchapter establishes criteria for conditional uses in a zoning district. (Ord. 501, 11-18-2008)

   A.   There are certain land uses that possess unique characteristics relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. These uses are provided for as conditional uses in this subchapter.

   B.   Once a conditional use permit is approved, the terms and conditions of the conditional use permit become the controlling plan for the use of the property and may only be changed in accord with section 12-266 of this chapter.

   C.   Conditional use permits issued under this title are valid for the life of the use at the location for which the permit was issued, unless an expiration date is specified in the conditional use permit or unless a permit has been revoked under this title. Conditional use permits shall be deemed to run with the land to which they are attached, and the terms of the permits shall not be modified or terminated by a change in ownership of the lands. (Ord. 501, 11-18-2008)

An application for a conditional use permit must be submitted to the Planning Department. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Authorized signature of at least one owner of the property for which the conditional use permit is proposed.

   C.   Legal description of property.

   D.   Applicant's interest in title.

   E.   Description of existing use.

   F.   Zoning district in which property is located.

   G.   Description of proposed conditional use requested.

   H.   A narrative statement that addresses:

      1.   The effects of elements such as noise, glare, odors, fumes and vibrations on adjoining property.

      2.   The compatibility of the proposal with the adjoining land uses.

      3.   The relationship of the proposed use to the comprehensive plan.

   I.   A plan of the site, drawn to scale, showing location of all existing and proposed buildings, parking and loading areas, traffic access and circulation, undisturbed areas, open spaces, landscaping, refuse and service areas, utilities, signs and yards.

   J.   Reserved. (Ord. 583, 12-5-2018)

   K.   A "vicinity map", as defined in section 12-822 of this title, sufficient to show the impact of the proposal commensurate with the scale of the project.

   L.   Other information that the Planning Director or Governing Body requires to determine if the proposed conditional use meets the intent and requirements of this title, such as information regarding utilities, traffic, service connections, natural resources, unique features of the land or off site features affecting the proposal. (Ord. 501, 11-18-2008; amd. Ord. 712, 6-12-2024)

The Zoning Commission or Hearing Examiner, except as otherwise provided in this title, is charged with conducting at least one public hearing on the conditional use permit application, at which time interested persons shall have an opportunity to be heard. The Zoning Commission or Hearing Examiner shall review the particular facts and circumstances of each proposal submitted. To grant a conditional use permit, the Zoning Commission or Hearing Examiner must find that the proposal is not in conflict with the policies of the comprehensive plan, as found in the adopted Implementation Component, and that the proposed use will neither create a hazard nor be dangerous to persons on or adjacent to the property. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022; Ord. 712, 6-12-2024)

Notices and public hearings shall be provided pursuant to Idaho Code section 67-6512. When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears no later than ten (10) days prior to the public hearing. (Ord. 501, 11-18-2008)

   A.   Following the public hearing, the Zoning Commission or Hearing Examiner shall consider the application and may approve or deny the conditional use permit.

   B.   If the Zoning Commission or Hearing Examiner denies the conditional use permit, the Zoning Commission or Hearing Examiner shall state in writing the reasons for the decision and shall specify any actions the applicant could take to obtain approval.

   C.   The final decision of the Zoning Commission or Hearing Examiner on a conditional use permit may be appealed to the board as set forth at section 12-262 of this chapter.

(Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022; Ord. 696, 7-12-2023)

   A.   Conditional use permits may be approved that meet the standards set forth in this title for that specific use. Conditional use permits may, in addition to standards set forth, also stipulate conditions which may include:

      1.   Minimizing adverse impact on other development;

      2.   Controlling the sequence and timing of development;

      3.   Controlling the duration of development;

      4.   Assuring that development is maintained properly;

      5.   Designating the exact location and nature of development;

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

      7.   Specifying time limits that the use will be permitted;

      8.   Requiring more restrictive standards than those generally required in this title;

      9.   Landscaping requirements;

      10.   Sight restrictions;

      11.   Safeguards to protect adjacent property; and

      12.   Measures to minimize environmental impacts.

   B.   The Zoning Commission or governing body shall specify whether stipulated conditions are to be met prior to the issuance of the conditional use permit or are perpetual conditions to be met throughout the life of the permit.

   C.   Conditional use permit approval shall expire if the permit has not been issued within two (2) years from the date of approval, or if issued, if the use has not commenced within two (2) years from the date of issuance. At any time prior to the expiration date of the conditional use permit, an applicant may make a written request to the planning director for a single extension of the conditional use permit for a period up to two (2) years. The Zoning Commission at any regular meeting, or board at any regular meeting, may consider the request for extension. The extension request must be approved or denied prior to the expiration date of the conditional use permit.

   D.   The planning director may present to the Zoning Commission a recommendation to revoke a conditional use permit on a finding of substantial evidence that the permit is not in compliance with the terms, conditions or restrictions of the conditional use permit. Prior to revoking a permit, the Zoning Commission shall conduct a public hearing, in accord with the noticing and procedures set forth in this chapter, to consider the permit revocation, and may revoke the permit or impose additional conditions or restrictions to bring the permit into compliance, on a finding that there is substantial evidence that the terms of the permit approval have been violated.

   E.   Nothing contained in this section shall prevent the board or any other public official or private citizen from taking any lawful action as is necessary to restrain or prevent any violation of this title or of Idaho Code. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

The purpose of this subchapter is to provide a mechanism by which the county may grant relief from the strict application of the provisions of this title where proposals conform to the standards set forth in this subchapter. (Ord. 559, 1-4-2017)

A variance is a modification of the bulk and placement requirements of this title as to lot or parcel size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space size, height of buildings, or other provisions of this title affecting the size or shape of a structure or the placement of a structure upon a lot or parcel, or the size of the lot or parcel. (Ord. 559, 1-4-2017)

An application for a variance must be submitted to the Planning Department. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant.

   B.   Authorized signature of at least one owner of the property for which the variance is proposed.

   C.   Legal description of property.

   D.   Applicant’s interest in title.

   E.   Description of existing use.

   F.   Description of proposed variance requested.

   G.   A narrative statement that addresses the standards of section 12-234 of this subchapter.

   H.   A site plan showing all property lines; existing and proposed structures; and the property size in acres.

   I.   Other information that the Planning Director or Governing Body requires to determine if the proposed variance meets the intent and requirements of this title, which may include site specific details or potential impacts of the proposed variance. (Ord. 559, 1-4-2017; amd. Ord. 712, 6-12-2024)

The staff, Zoning Commission, hearing examiner and/or Board shall review the particular facts and circumstances of each proposal submitted. To grant a variance, the hearing examiner or the Governing Body must find adequate evidence showing that:

   A.   Conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography, or other circumstances over which the applicant has no control.

   B.   Special conditions and circumstances do not result from the actions of the applicant.

   C.   The granting of the variance is not in conflict with the public interest in that it will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the subject parcel or lot. (Ord. 559, 1-4-2017; amd. Ord. 661, 3-18-2022)

Notices and public hearings shall be provided pursuant to Idaho Code section 67-6512. When notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of the mail notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, that the third notice appears no later than ten (10) days prior to the public hearing. (Ord. 559, 1-4-2017)

   A.   Following the public hearing, the hearing examiner or the Zoning Commission shall consider the application and shall take action as provided at subsection 12-267A11 of this chapter.

   B.   The hearing examiner or the Zoning Commission shall state in writing the reasons for the decision and shall specify any actions that the applicant could take to obtain approval if the variance is denied.

   C.   In approving an application, the hearing examiner or the Zoning Commission may require conditions that will secure the objectives of this title, and may require guarantees in such form as deemed proper under the circumstances to ensure that such conditions be complied with. Where any such conditions are violated or not complied with, the approval shall cease to exist, and the Compliance Officer shall act accordingly.

   D.   The final decision of the hearing examiner or the commission on a variance may be appealed to the Board as set forth at section 12-262 of this chapter.

   E.   The hearing examiner or the Zoning Commission may not grant a variance to allow a use not permissible in the zone involved, or any use expressly prohibited by the terms of this title. The hearing examiner or the Zoning Commission may recommend that the applicant file for rezoning. (Ord. 559, 1-4-2017; amd. Ord. 661, 3-18-2022)

(Ord. 578, 7-11-2018)

   A.   The Director may grant a variance, as an administrative decision, of up to thirty percent (30%) of a modification of the bulk and placement requirements of this title as to lot or parcel size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space size, height of buildings, or other provisions of this title affecting the size or shape of a structure or the placement of a structure upon a lot or parcel, or the size of the lot or parcel.

   B.   The applicant shall submit an application for administrative variance along with the appropriate fee.

   C.   The application shall be processed as follows:

      1.   Application And Administrative Requirements: A site plan and application shall be submitted for review together with all appropriate fees as established by the adopted fee schedule. The burden of proof lies upon the applicant to show whether characteristics of the site conform to the standards in section 12-234 of this subchapter.

      2.   Area Of City Impact: If the property is located in an area of city impact, the County shall notify the affected city and allow the required amount of time for a response.

      3.   Notifications: Upon acceptance of an application, and while in ACI review, if appropriate, the Director shall provide notification by mail of the variance request to the owners of parcels within three hundred feet (300') of the external boundaries of the parcel and shall provide such individuals a period of twenty one (21) calendar days from the date of the mailing to submit comments concerning the proposed variance.

      4.   Action On Application: Based on the comments from staff, agency, and those from affected property owners, the Director shall review the proposed request and shall either approve, approve subject to conditions, or deny the application per section 12-234 of this subchapter within seven (7) working days from the end of the twenty one (21) day comment period. Alternatively, the Director may, at any time during this review, forward the application to the Zoning Commission for a public hearing and decision in accordance with the public hearing process in section 12-267 of this chapter. In considering comments, the Director shall evaluate whether granting the variance will be consistent with the standards listed in section 12-234, “Variances, Standards For Review Of Applications”, of this subchapter. (Ord. 578, 7-11-2018; amd. Ord. 590, 6-12-2019; Ord. 661, 3-18-2022; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)

The purpose of this subchapter is to include provisions for special uses, events and structures that are temporary in nature, but otherwise prohibited due to their intensive nature; provided, that these uses are carried out with safeguards to ensure their compatibility with the surrounding uses. (Ord. 501, 11-18-2008)

The provisions of this subchapter are applicable to all uses, events and structures of a temporary nature that would otherwise be prohibited under the terms of the zoning, subdivision and other land use regulations, adopted and in force in Bonner County, Idaho, except that the provisions of this subchapter do not apply to:

   A.   Any event at which fewer than four hundred (400) persons are in attendance or are expected to attend at a single location.

   B.   Uses of land, events and structures which are a part of, or customarily accessory to, a permitted use or conditional use.

   C.   Events and temporary uses which occur entirely within an existing structure.

   D.   Structures which are of a temporary nature and associated with the construction of a permitted use or conditional use. (See also section 12-420 of this title for temporary structures.)

   E.   Uses, events and structures located entirely on lands owned or controlled by the United States or the State of Idaho. (Ord. 501, 11-18-2008)

   A.   Special uses are uses of a temporary nature that would otherwise be prohibited uses. By their nature, special uses are significantly more intensive than the permitted uses or conditional uses in the respective zone districts, but temporary special uses may be carried out with particular safeguards to ensure compatibility with surrounding land uses and without endangering public health and safety. Temporary special uses are therefore subject to additional restrictions, requirements and conditions more stringent than those applying generally within the zone district.

   B.   Once a special use permit has been approved, the terms and conditions of that permit shall not be changed, except as set forth at section 12-266 of this chapter.

   C.   Any development or use in violation of the terms and conditions of the special use permit shall be deemed a violation of this title. (Ord. 501, 11-18-2008)

   A.   Special use permits issued under the terms of this chapter shall be valid for a period specified in the permit, and in the discretion of the Board, may include site preparation and cleanup or restoration after the event concludes, the use is discontinued or the structure is removed. On petition by the permittee, the Board may allow one extension of time for the completion of the terms of the special use permit. Special use permits shall be deemed to run with the land to which they are attached, and the terms of these permits shall not be modified, abrogated or abridged by a change in ownership of the lands, or other private contracts or agreements. (Ord. 501, 11-18-2008)

   B.   A special use permit shall be issued for a single event, use or structure, or a combination, for a specific period and shall not be renewable for annual or repeated events, uses or structures, with the following exceptions:

      1.   Fun runs, cycling events, triathlons, or other similar recreational and community events may be renewable provided:

         a.   The repeat event is located on the same site.

         b.   The applicant has been issued a special use permit or renewal within the previous two (2) years.

         c.   There have been no violations of previous permits.

         d.   The applicant submits a renewal application and pays the fee set forth by the official fee schedule.

         e.   The number of renewals for a repeat event shall not exceed five (5).

         f.   The number of attendees or expected attendees does not exceed the original permitted number.

      2.   The Planning Director is authorized to issue the renewal and apply the conditions of the original permit and other conditions reasonably related to the conditions of section 12-246 of this subchapter. (Ord. 539, 8-20-2014)

Applications for special use permits shall be made on forms supplied by the Planning Director and shall include:

   A.   The name of the applicant responsible for conducting the special use and responsible for compliance with the terms and conditions of the special use permit. If the applicant is not the owner of the subject property, written and notarized evidence of the permission of the owner to conduct the proposed special use shall accompany the application.

   B.   A description of the proposed use, including the type of activity, hours of operation, number of vehicle trips anticipated, duration of the activity (including site preparation and site restoration or cleanup), size of structures or nature of structures to be built, and any management or operations planned to minimize effects of the activity on surrounding properties.

   C.   A vicinity map depicting the site and the surrounding area, including all pertinent features such as roads, public facilities, bodies of water and current land uses.

   D.   A site plan showing the property boundaries, general topography, building layout, access, parking and any other details that clearly depict the proposed use.

   E.   The names and addresses of owners of properties located within three hundred feet (300') of the proposed special use as shown in the records of the Assessor's Office. If the proposed special use is a part of a larger parcel of land under the same ownership, the names and addresses of owners of properties adjoining the larger parcel shall also be included.

   F.   An application fee as set forth at section 12-265 of this chapter. The Board may waive the fee for political subdivisions or public agencies. (Ord. 501, 11-18-2008)

The board shall examine all applications for special use permits for compliance with the following standards:

   A.   The type of temporary use proposed, its general location and the characteristics of the specific site are compatible with the nature of the district and will not have material and long term negative effects.

   B.   There is sufficient land area to accommodate the proposed special use, and that the temporary use and any appurtenant structures are arranged on the land to minimize any adverse effects on surrounding properties, and will not create particular hazards to adjacent properties.

   C.   The design and management of the proposed special use will not pose a material risk to public health and safety.

   D.   Adequate public services (such as water supply, sewage disposal facilities, roads, law enforcement, traffic control, fire protection, emergency medical services, etc.) exist or will be provided to serve the proposed special use.

   E.   The site plan and accompanying descriptive material for the special use are sufficiently detailed to provide a clear and unambiguous description of the nature of the use to be allowed under the terms of the special use permit.

   F.   Measures can and will be taken to mitigate any adverse effects that the proposed special use may have. (Ord. 501, 11-18-2008)

In addition to the standards for special uses set forth in this subchapter, conditions may be attached to a special use permit. Conditions may include, but are not limited to:

   A.   Minimizing adverse impacts on adjacent lands;

   B.   Controlling the sequence and timing of the special use;

   C.   Controlling the duration of the special use;

   D.   Assuring that the special use is maintained properly;

   E.   Designating the exact location and nature of the special use;

   F.   Requiring the provision for on site or off site public health and safety facilities or services;

   G.   Requiring more restrictive standards for structural placement than those required in the zone district in which the special use is to be established, and requiring the removal of any temporary structure;

   H.   Requiring mitigation of effects of the proposed special use on public and emergency service delivery;

   I.   Requiring improvements of the road or transportation systems and/or requiring traffic control measures serving the use or development for the safe and efficient movement of vehicles to and from the site;

   J.   Requiring specific measures to prevent erosion, for water quality protection and/or for revegetation, restoration or reclamation of disturbed portions of the site;

   K.   Requiring security measures (e.g., fencing, security patrol or limited access) to protect users of the site or the general public;

   L.   Requiring that the applicant or developer enter into special agreements with Bonner County to guarantee construction or maintenance of improvements, ensure that operations are carried out with minimal risk to public health and safety, or to minimize public or county liability which might result from the issuance of the special use permit; and/or

   M.   Requiring the applicant or developer to obtain and maintain in force liability insurance of a general nature or for any particular risk and/or insuring Bonner County against claims of liability resulting from the issuance of such special use permit. (Ord. 501, 11-18-2008)

   A.   On receipt of a completed application for a special use permit, the planning director shall schedule a public hearing before the board for the next available meeting, allowing time for the requirement for notice and staff and agency review.

   B.   At a minimum, the planning director shall provide public hearing notice to adjacent property owners as set forth in subsection 12-244E of this subchapter, notifying them of the public hearing. These letters shall be sent by U.S. mail, at least fifteen (15) days prior to the date of the hearing and shall include a description of the proposed special use, and the date, time and place of the public hearing. The planning director shall also send the public hearing notice to be sent to those public agencies that may be affected by the proposed special use.

   C.   The planning director shall have notice of the public hearing published in one issue of the official county newspaper at least fifteen (15) days prior to the date of the public hearing. This notice shall contain a description of the proposed special use, and the date, time and place of the public hearing. The planning director shall have the notice of public hearing posted in a prominent place on the property at least one week prior to the date of the public hearing.

   D.   The board shall hold a public hearing on the application for a special use permit. The board shall consider the application, the standards for special uses in section 12-245 of this subchapter, any comments received, the facts on the record and may:

      1.   Approve the special use permit, attaching any conditions that the board considers necessary under the terms of this subchapter;

      2.   Require that specific changes be made to the application before the special use permit is approved; or

      3.   Deny the special use permit and specify the actions (if any) that the applicant could take to obtain approval.

   E.   The final decision on any special use permit application shall be in writing and state: the specific location; event, use or structure; the person or persons responsible for compliance with the terms of the permit; and any and all limitations or conditions placed on the special use permit. If the final decision is to deny the special use permit, the written decision shall also specify the actions (if any) the applicant could take to obtain approval of the special use permit.

   F.   The violation of any specific term, limitation or condition of a special use permit is a violation of this subchapter. Each day each violation continues is a separate offense.

   G.   Violation of this subchapter is a misdemeanor and, upon conviction, shall carry a penalty of three hundred dollars ($300.00) or six (6) months imprisonment.

   H.   In addition to the criminal penalties above, the county may pursue civil actions to enjoin further violation, enforce the terms of a special use permit or recover damages caused by a violation of the terms of a special use permit. (Ord. 501, 11-18-2008)

This subchapter includes provisions that allow flexibility in how development and uses can be configured and phased on a site. (Ord. 501, 11-18-2008)

Planned unit developments (PUDs) are permitted in all districts. (Ord. 501, 11-18-2008)

   A.   A "small scale residential" PUD consisting of only residential and accessory uses and having six (6) dwelling units or fewer.

   B.   A "small scale mixed use" PUD consisting of a combination of residential and subordinate commercial uses and having a minimum gross land area of ten (10) acres.

   C.   A "large scale mixed use" PUD consisting of commercial, industrial, residential or recreational uses and having a minimum gross land area of twenty (20) acres.

   D.   A commercial/industrial PUD consisting of primarily commercial and/or industrial uses, wherein the permitted uses within the PUD shall be the same as those within the base zone district.

   E.   A "large scale residential" PUD consisting of only residential and accessory uses and having more than six (6) dwelling units. (Ord. 501, 11-18-2008)

Permitted uses shall be the same as those within the base zone district, with the following exceptions:

   A.   Duplexes and multi-family dwellings are permitted in the Recreation, Rural, Rural Service Center and Alpine Village Districts, provided the development meets applicable density limits set forth in sections 12-411 and 12-412 of this title.

   B.   Limited commercial and related recreational activities and facilities which are designed primarily to accommodate the needs of residents within a "mixed use" PUD described in section 12-251 of this subchapter may be permitted in any district, except for Industrial. Commercial recreation areas, such as ski resorts, golf courses or marinas, where permitted or conditionally permitted in applicable districts, may include related commercial uses to accommodate the general public as well as residents within the PUD when included and approved as part of the PUD development plan. (Ord. 501, 11-18-2008)

Application for a PUD shall be made with the Bonner County Planning Department. In addition to the basic information requirements and application forms provided by the department, a completed application shall include the following:

   A.   A report showing how the proposed PUD complies with the conditional use standards of section 12-223 of this chapter.

   B.   Environmental analysis, which shall address the impacts of the development on the various physical features of the land, including wetlands, wildlife habitat, vegetation, floodplain and floodways, cultural resources, water quality and other natural resources. (Ord. 501, 11-18-2008)

   C.   Reserved. (Ord. 583, 12-5-2018)

   D.   Preliminary development plan or conceptual land use plan for a "large scale" PUD of significant size which may be planned in phases for a variety of land use types over a period of time. The preliminary development plan contents for a "small scale" or "mixed use" PUD, or for any portion of an approved "large scale" PUD which is contemplated to be completed or under construction within two (2) years after approval, shall include the proposed use or uses, housing densities and arrangements, parking facilities, preliminary subdivision plan (if applicable), common areas, open spaces and a transportation network for vehicular and pedestrian circulation. The Planning Director or Governing Body may require drawings and sketches demonstrating the design characteristics and physical relationships of various uses and siting conditions in order to determine the feasibility and desirability of any necessary variation from the conventional development standards of this title.

   E.   A trip generation and distribution letter. (Ord. 501, 11-18-2008)

The developer or developer's representative for a PUD shall meet with the Planning Director or designee, prior to submitting an application. The purpose of this meeting is to discuss early and informally with the developer, the purpose and qualifying provisions of this chapter along with any known constraints in order to assist the applicant in determining the feasibility of the proposal. The meeting will familiarize the developer with the comprehensive plan, this title, sewer and water regulations and general soil information. The developer shall also consult with the serving utility companies and agencies regarding electrical power, sewer and water supply prior to submission of the preliminary development plan. (Ord. 501, 11-18-2008)

When a PUD includes a subdivision, the processing of the subdivision application shall take place concurrently with the PUD application. (Ord. 501, 11-18-2008)

   A.   A conditional use permit may be granted for a conceptual land use plan for a "large scale" PUD, subject to submission of preliminary development plans as provided in this title. The Zoning Commission shall consider the conceptual land use plan and shall make its recommendation to the Board, which shall conduct its own hearing on the plan. If phasing is proposed, a phasing schedule shall be provided with the application. Subdivisions may be considered concurrently with the conceptual land use plan or separately after approval of the conceptual land use plan, pursuant to the provisions of subchapter 6.4 of this title.

   B.   Development plans submitted as part of an approved "large scale" PUD shall be in substantial compliance with the approved conceptual land use plan. Any significant change affecting the original approval of the plan shall require a public hearing. A change in density or a more intensive use of the same area constitutes a significant change. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

The procedures of subchapter 2.2 of this chapter for approval of conditional use permits apply to consideration and approval of planned unit developments, except as otherwise provided in this title. The Zoning Commission shall consider the planned unit development proposal and shall make its recommendation to the board, which shall conduct its own hearing on the planned unit development. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

Approval of a development plan by the Zoning Commission shall include, but is not limited to, the following performance standards and requirements, which may be in addition to and may vary from the minimum standards of this title:

   A.   Common Open Space: At least ten percent (10%) of the gross land area of a residential PUD shall be reserved as common open space, exclusive of streets, parking areas, and utility easements and other improvements which would detract from the function of the "common open space", as defined below. The required common open space must fall into one or more of the following categories:

      1.   Wildlife habitat or wildlife corridors, as identified by the Idaho department of fish and game or U.S. fish and wildlife service. These areas might be stream corridors, waterways subject to artificial high water marks, as defined, which shall not exceed fifty percent (50%) of the total required common open space, waterways, wetlands, grasslands, stands of mature timber, areas with snags, wintering areas, nesting and roosting sites, waterfront areas and travel corridors between habitat blocks and sources of food and water.

      2.   Areas with native vegetation, including native grassland, unique vegetative communities as identified by the Idaho conservation data center.

      3.   Recreational areas, including trails, sports courts and wildlife viewing areas, and other similar recreational uses.

      4.   Historic or culturally significant areas as determined by the Idaho state historical society.

      5.   Areas within a scenic byway.

      6.   Actively managed pasture, farm or timbered land in the A/F and rural districts. Accessory agricultural structures are allowed within the common open space.

   B.   Owners' Association: A PUD shall include a homeowners' association and/or corporate ownership, which shall be responsible for the development, use and permanent maintenance of all common activities and facilities.

   C.   Covenants, Articles Of Incorporation: Articles of incorporation for the homeowners' association or corporate entity governing the PUD shall be recorded with the final plat of any PUD subdivision or final development plans. The covenants, conditions and restrictions shall be sufficient to enforce development requirements and responsibilities of the homeowners' association and/or ownership.

   D.   Development Density: The unit density of a PUD containing residential uses (dwelling units/acre) shall not exceed the density of the zone district in which it is located, except for density bonuses as provided in the following tables:

   TABLE 2-1

   DENSITY BONUS FOR COMMON OPEN SPACE

   (Numbers in parentheses refer to additional standards located below the table.)

 

Standards:

   1.    To qualify for the full bonus percentages herein, the common open space must comply with applicable requirements of subsection A of this section.

   2.    Common open space percentages may be rounded off to the nearest whole percentage.

   3.    Planned unit development subdivisions shall not exceed 150 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 2-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 12 lots via common open space and other bonus actions.

   4.    Planned unit development subdivisions shall not exceed 200 percent of the density allowed by the underlying zoning district through provision of common open space percentages and other density bonus actions listed in table 2-2 below. For example, an applicant with 40 acres in the R-5 district [normally allowed a maximum of 8 lots] may qualify for up to 16 lots via common open space and other bonus actions.

   TABLE 2-2

    DENSITY BONUS FOR OTHER ACTIONS

 

 

   E.   Public Amenities: Below are public amenities that can be provided to obtain a density bonus. All are subject to approval by the board:

      1.   Construct recreational improvements that are available for the use by the general public. Improvements may include, but are not limited to, play fields, picnic shelters, children play areas and indoor recreational facilities. Applicants must successfully demonstrate that the improvements are safe, accessible and desirable to the general public.

      2.   Construct public facilities such as schools, fire stations or libraries. To qualify, the land and/or facilities must be accepted by the applicable public agency. The land itself set aside for such public use shall be considered as common open space for the purposes of obtaining a density bonus.

      3.   Pave roadways (where they are not required to be paved).

      4.   Provide environmental improvements as certified by wetlands, plant or other biologists having expert knowledge of the specific environmental feature. An example could be replacement of nonnative vegetation with native vegetation in common open space areas. Such improvements are particularly desirable in and around wetland areas and designated critical wildlife habitat.

      5.   Provide off site road improvements (above and beyond what is required by board for subdivision approval).

The applicant shall include a cost estimate for the proposed public amenity improvements prepared by a professional construction estimator, registered general contractor, engineer, architect or landscape architect shall be submitted with the application. The cost estimate shall be limited to physical improvements, labor and utility costs associated with the proposed public amenity feature.

   F.   Requirements For Public Amenities: To qualify for a density bonus, the proposed public amenity must meet the following requirements:

      1.   Applicants must successfully demonstrate how the improvements benefit the public.

      2.   The percentage of density bonus shall be commensurate with the cost of the applicable improvements per the following scale:

Cost of proposed improvements = $Y

Density bonus = Extra lot or lots* valued at the equivalent of two (2) times the cost of proposed improvements (2 x Y) up to a maximum density bonus of twenty five percent (25%).

*The average value of lots in the proposed subdivision as determined by a state licensed appraiser at the time the application is submitted. The appraised value shall take into account the average size of proposed lots, proposed physical improvements (including proposed amenities), and locational attributes.

For example, if the applicant proposes off site road improvements costing an estimated fifty thousand dollars ($50,000.00), the applicant is then eligible for a bonus lot or lots equaling up to one hundred thousand dollars ($100,000.00) in assessed value. If a state licensed appraiser concludes that the average market value for one of the proposed cluster lots is fifty thousand dollars ($50,000.00), then the applicant qualifies for up to two (2) additional lots (provided the extra lots do not exceed 25 percent of the total density of the subdivision).

   G.   Design Standards: Minimum development standards set forth in this title may be increased or decreased sufficient to accomplish design objectives in the utilization of natural or created amenities (i.e., topographic features, seasonal recreational uses, etc.), provided the development meets the intent of the standards. PUD subdivisions shall comply with the conservation subdivision provisions of section 12-633 of this title.

   H.   Buffering, Clustering: Residential PUDs shall provide for the clustering of dwelling units. Clustered lots shall be accessed by interior road systems. To the maximum extent possible, cluster lots shall be located so that common open space provides a buffer between the cluster lots and adjacent properties and/or right of way. When this is not possible, the development shall be designed to provide at a minimum one of the following:

      1.   Cluster lots that abut surrounding properties or right of way shall be at least seventy five percent (75%) of the minimum lot size standard for the subject parcel.

      2.   Cluster lots that abut surrounding properties or rights of way shall be separated from adjacent properties or rights of way by a minimum buffer strip of one hundred feet (100'). At a minimum, proposed or existing landscaping and vegetation within the buffer strip shall be of sufficient size and type to provide a buffer of vegetation six feet (6') in height and fifty percent (50%) opaque year round within three (3) years of planting. New landscaping materials shall consist of a combination of native trees and shrubs, as provided in appendix B of this title. Variations to these standards may be permitted where the applicant can demonstrate that unique topographic conditions provide sufficient buffering, such as intervening waterways, ridges or ravines, or other land features. (Ord. 501, 11-18-2008; amd. Ord. 512, 1-6-2010; Ord. 661, 3-18-2022)

The staff, Zoning Commission and/or board shall review the particular facts and circumstances of each planned unit development proposal. To approve a planned unit development proposal, the Zoning Commission and/or board must find adequate evidence showing that the proposal has met the following:

   A.   The planned unit development is in accord with the Bonner County comprehensive plan.

   B.   The proposed planned unit development or the first phase of it can be substantially completed within two (2) years from the date of approval.

   C.   Each individual development phase can exist as an independent unit meeting the minimum standards set forth in this subchapter.

   D.   The streets and thoroughfares proposed are suitable and adequate to gather anticipated traffic and will not generate traffic in amounts that will overload the street network outside the planned unit development. Connections to public transportation systems shall also be considered.

   E.   Any residential development will constitute a residential environment of sustained desirability and stability and will be in harmony with the character of the surrounding neighborhood and community.

   F.   Any proposed commercial or industrial development will constitute an efficient well organized development, with adequate provisions for access and storage, and it will not adversely affect adjacent or surrounding development. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

   A.   Preliminary Subdivision PUD: Conditional use approval for a preliminary subdivision PUD shall expire two (2) years from the date of approval if the final plat has not been approved and recorded.

   B.   PUD Final Development Plan: Conditional use approval for a PUD final development plan other than a subdivision shall expire two (2) years from the date of approval if building permits have not been issued and/or construction begun on a substantial portion of the project, as determined by the board of county commissioners.

   C.   Large Scale PUD: Conditional use approval for a conceptual "large scale" PUD shall expire four (4) years from the date of approval if no improvements have started in accordance with subdivision and/or development plan approval requirements. The developer is responsible for keeping the county informed of progress made during the approval period.

   D.   Extension: An extension of time request not to exceed two (2) years may be granted by the board of county commissioners. The request shall be made in writing prior to the expiration date and shall state the reasons why the extension is needed and how the developer intends to progress with the project. If it is found that the intent of the PUD approval is merely for speculation purposes, the extension shall not be granted. (Ord. 501, 11-18-2008)

An application that has been filed under the terms of this title which has received a notice of incompleteness from the planning department and has remained incomplete for one hundred twenty (120) days minimum may be considered abandoned by the planning department if:

   A.   The planning department has sent by certified mail a written notice to the applicant, stating that the application is incomplete and will be considered abandoned if not determined complete by the planning department within thirty (30) days of the date of the notice; and

   B.   The application remains incomplete either because the applicant fails to respond by thirty (30) days or fails to provide the required information to complete the application by thirty (30) days. (Ord. 501, 11-18-2008)

   A.   Any determination made by the Planning Director in the administration of the provisions of this title may be appealed to the Board by paying the required fee and notifying the Planning Director in writing of the intent to appeal within ten (10) working days from the date of the determination. Within ten (10) working days of receipt of an appeal, the Planning Director shall schedule a meeting with the Board to hear the appeal and shall provide written notice to the appellant of the time and place of the meeting. The Planning Director and appellant shall be provided an opportunity to present the relevant issues to the Board at that meeting. The appellant bears the burden of proof and may be responsible for costs incurred for producing such proof, including engineering or surveying documents or other evidence. The Board's decision shall be final, and further recourse of the appellant shall be as provided by Idaho Code. If no appeal to the Board is filed, the Planning Director's decision shall be deemed final. (Ord. 551, 3-9-2016)

   B.   An administrative appeal shall not be granted if it would function as a grant of special privilege or provide an exception to the regulations contained within this title. (Ord. 501, 11-18-2008)

   A.   Presentation Of Appeal: Any “affected person”, as defined by Idaho Code title 67, chapter 65, may appeal to the Board any final decision by the Zoning Commission/hearing examiner.

   B.   Filing Time Limit; Fee: Any affected person may file an appeal of the final decision of the Zoning Commission/hearing examiner with the Planning Director within twenty eight (28) days after the final written decision of the Zoning Commission/hearing examiner has been issued. The appellant shall pay the fee required by this title upon filing the appeal. An appeal shall not be considered to be filed until such fee has been paid. Failure to file the appeal within the time limits shall cause automatic dismissal of the appeal.

   C.   Notice Of Appeal Contents: The notice of appeal shall be detailed in writing and shall provide the grounds for the appeal. The grounds for appeal shall be that the decision of the commission or hearing examiner was at a minimum one of the following:

      1.   In violation of constitutional or statutory provisions;

      2.   In excess of the statutory authority of the commission or hearing examiner;

      3.   Made upon unlawful procedure;

      4.   Arbitrary, capricious or an abuse of discretion; or

      5.   Not supported by substantial evidence on the record as a whole.

   D.   Procedures For Consideration Of Appeal:

      1.   Within sixty (60) days of the receipt of the appeal, the Board shall conduct a public hearing. The hearing shall be conducted in the same manner using the same standards, as if the Board had original jurisdiction to hear the application.

      2.   Upon consideration, the Board may affirm, reverse, or modify the decision of the Zoning Commission/hearing examiner, after compliance with applicable procedural standards.

      3.   The decision of the Board shall be final, and any further recourse shall be as provided by law.

   E.   Applicability: The appeal process shall be coordinated with administration of land use ordinances. The procedures for appeal set forth herein shall be applied in a manner which is consistent with the zoning, subdivision and related land use ordinances of Bonner County. (Ord. 559, 1-4-2017; amd. Ord. 661, 3-18-2022; Ord. 681, 10-12-2022; Ord. 682, 10-12-2022)

   A.   Reconsideration: Every applicant or affected person seeking judicial review of the Board's final decision must first file with the Board a motion for reconsideration of the Board's decision, specifying deficiencies in the decision within fourteen (14) days of the date of the decision, along with the applicable fee. A failure to seek reconsideration is also a failure to exhaust administrative remedies.

   B.   Initial Decision: The Board may consider the reconsideration motion as scheduled on an open business meeting agenda and determine whether to grant or deny the request. If the Board grants reconsideration in whole or in part, a hearing before the Board will be scheduled to address the specific deficiencies identified by the applicant or affected person and to allow interested persons to have an opportunity to be heard. If the Board denies the request for reconsideration, it shall promptly notify the parties in writing.

   C.   Public Notice On Hearing: Notice of the public hearing on the reconsideration, identifying the specific deficiencies alleged in the reconsideration request, will be provided as follows, including:

      1.   Notice To Agencies And Political Subdivisions: At least fifteen (15) days prior to the public hearing, the Director shall send notice to all political subdivisions providing services with the planning jurisdiction, including school districts and the manager or person in charge of the local public airport.

      2.   Legal Notice: At least fifteen (15) days prior to the public hearing, the Director shall publish a notice of the time and place in the official newspaper or paper of general circulation in the County.

      3.   Radius Notice: Will be provided in the same manner as originally provided on the application.

   D.   Decision: Following the hearing on the reconsideration, the Board may affirm, reverse or modify its prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the Board fails to timely decide, the original decision of the Board will stand. (Ord. 573, 10-25-2017)

An administrative exception, not to exceed one foot (1') of any dimensional requirements applicable to the waterfront setbacks and ten percent (10%) of any dimensional requirement applicable to front, side, rear and flanking street setbacks, and a five percent (5%) exception to subdivision design depth to width standards, or parcel/lot size may be granted by administrative action of the Planning Director without public notice and without public hearing. (Ord. 578, 7-11-2018)

   A.   By resolution, the Board shall establish an official fee schedule for land use applications and permits governed under this title.

   B.   Whenever an application, review or public hearing is required by this title, the person or persons requesting the hearing or review shall pay the fee established in the official fee schedule.

   C.   All fees collected shall be nonrefundable unless an application is withdrawn prior to the Planning Department's determination that the application is complete, in which case one-half (1/2) of the fee will be refunded.

   D.   Until all required fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. No permit or action shall become effective until all fees have been paid.

   E.   The Planning or Zoning Commission may initiate action on any change in the Comprehensive Plan, zoning district or this title without a fee, in accordance with Idaho Code section 67-6509.

   F.   The Board may waive all or part of any fees for political subdivisions or public agencies.

   G.   A copy of the official fee schedule shall be maintained by the Planning Department and shall be available for public inspection during normal business hours. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

   A.   The terms and conditions of the approval of any permit authorized or required in this title may be modified only by the Planning Director, Zoning Commission and/or Board as established in this section. This section applies to modifications of approved permits, including, but not limited to, conditional use permits, special use permits, variances, preliminary plats, final plats, lot line adjustments and planned unit developments.

   B.   Application for a modification of terms and conditions of approval shall be made to the Planning Department, on forms provided by the department, and accompanied by the fee specified in section 12-265 of this subchapter.

   C.   A public hearing shall be scheduled and notice provided in accordance with the requirements for the original permit issuance.

   D.   The Planning Director, Zoning Commission and/or Board shall consider the proposed modification in accordance with the requirements for the original permit application and shall confine the review to the proposed modification.

   E.   The Planning Director, Zoning Commission and/or Board shall render a decision in writing on the proposed modification within five (5) working days after consideration of the proposal, and the decision shall conform to the procedures, standards and requirements pertaining to the original permit. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)

   A.   All land use approvals listed at subsection 12-266A of this chapter and surety agreements authorized by section 12-644 of this title may be granted one additional time extension not to exceed two (2) years, provided:

      1.   Bonner County has granted the applicant a single time extension:

         a.   That expires after the effective date of this subsection.

         b.   That expired in 2010.

      2.   A written request for the additional time extension is made to the planning department prior to the expiration of the first time extension. Project time extensions that expired in 2010 may still be considered for the additional extension if the request is submitted by December 31, 2011.

      3.   The required fee is paid.

   B.   The time extension request shall be considered by the governing body authorized to grant time extensions for the given project, as identified in this title.

   C.   Approval of the time extension will automatically modify the original permit to allow the additional time for completion of conditions of approval. No additional hearing shall be required. (Ord. 520, 12-8-2010)

Public hearings required by this title shall be conducted as follows:

   A.   The public hearing shall proceed in the following order:

      1.   The chairperson shall announce that the public hearing is opened, and state the purpose and subject of the hearing.

      2.   The chairperson shall ask if any members of the board or Planning or Zoning Commission wish to declare a conflict of interest in the matter to be considered, and excuse members who do so from further participation in the hearing in their official capacity.

      3.   The chairperson shall ask the staff to present its report on the proposal being considered. The staff report and presentation shall include a summary of the proposal, the sections of this title related to the processing of the proposal, a summary of the written testimony, and responses thereto, submitted up to the time of the hearing, and a recommendation including conditions, findings and conclusions.

      4.   Following the staff report, the chairperson shall ask for a statement from the person (and/or a designated representative) who has requested action on the proposal.

      5.   Following the statement, the chairperson shall entertain questions from members of the Planning or Zoning Commission or the board, for the staff or for the applicant regarding the location and nature of the proposal.

      6.   The chairperson shall then entertain statements from the public. Any testimony given shall specifically address the proposal's compliance or lack of compliance with the requirements of this title, requirements of Idaho Code, applicable statutes or regulations, or the Bonner County comprehensive plan. After having been recognized by the chairperson, members of the public shall state for the record their name and place of residence prior to making their statement. Members of the public may be permitted to speak for three (3) minutes, or as otherwise determined by the chairperson. Questions or comments made by the recognized member of the public shall be directed to the chairperson. The chairperson shall not entertain irrelevant statements, and shall not entertain statements that are inflammatory, personally attacking or derogatory toward any board or Planning or Zoning Commission member, staff member, elected official, member of the public or business. Any unrecognized comments or disruptive behavior will be grounds for removal from the hearing by the chairperson and may subject the person or persons being removed to criminal prosecution according to law. The chairperson may direct staff to respond to any questions raised.

      7.   When all statements by members of the public have been given, the chairperson shall call for discussion among the Planning or Zoning Commission or board. The chairperson will entertain any questions by members of the Planning or Zoning Commission, or the board, to be directed to any person present, including staff members, in order to clarify statements or elicit further information that commission or board members feel is necessary to evaluate the application.

      8.   Following any questions, the Chairperson shall afford the applicant or a designated representative an opportunity to present rebuttal to any statements or to clarify his or her own statement. New statements, the introduction of new information, or new exhibits shall not be permitted at this time.

      9.   After the applicant's rebuttal and clarifications have been given, the Chairperson shall announce that the hearing is closed to further testimony.

      10.   The Chairperson shall then call for discussion among the Planning or Zoning Commission or Board members. As a part of this discussion, members may direct questions to planning staff members.

      11.   At the close of the discussion, the Chairperson shall entertain any motions relevant to the proposal under consideration. Motions may include, but are not limited to:

         a.   Motions for recommendation, approval or denial as appropriate;

         b.   Motions to continue the public hearing to a future certain date, pending the receipt of additional information or the modification of the proposal;

         c.   Motions to reopen the public testimony portion of the public hearing, if new information has been introduced or become available; or

         d.   Motions to close the public hearing and/or continue discussion on the proposal until a future certain date.

   B.   The following procedures may be used at the option of the Chairperson and are intended for use at public hearings where large numbers of persons are expected to testify or where several public hearings are on the agenda:

      1.   The Chairperson may impose a reasonable time limit on statements from the applicant, the public or persons representing groups.

      2.   The Chairperson may request that persons wishing to testify register their intention to do so with the Secretary. The Chairperson will then use the register to call on persons to present their statements.

      3.   The Chairperson may extend the period for written statements to be accepted for the hearing record to a future certain date. The applicant may request an equivalent time for rebuttal, which shall be limited to a future certain date. During such an extension of time, the public hearing remains open.

   C.   Written statements, plans, drawings and similar materials offered in support of statements at a public hearing are part of the hearing record, and shall be marked with an exhibit number and shall be retained by the County. Written statements shall be submitted to the Planning Department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. The Chair may request the document be read into the record. All written statements shall include the name, signature and address of the person submitting the document. The Chair may rule as inadmissible any written document that fails to meet these standards. Nothing contained herein prohibits the Chair or Governing Body from extending the written comment period as provided by this title. (Ord. 501, 11-18-2008; amd. Ord. 520, 12-8-2010; Ord. 590, 6-12-2019; Ord. 661, 3-18-2022)

Applications submitted for action under the provisions of this title shall be processed as follows:

   A.   All applications shall be submitted with their required fees to the Planning Department.

   B.   The Planning Department shall have thirty (30) days to examine the application to determine its completeness, based on the requirements provided in this title for each type of application. The Board, by resolution, may extend the thirty (30) day time period when extenuating circumstances merit an extension.

   C.   The Planning Director shall inform the applicant in writing if the application is incomplete and specify the items or information necessary to complete the application. (Ord. 501, 11-18-2008)

   D.   When the Planning Director has determined the application is complete and in compliance with this title, the Planning Director shall send copies of the application to public agencies and entities that may be affected by the proposal, including, but not limited to, the Health District, fire districts, irrigation or drainage districts, sewer and water districts, school districts, solid waste and transportation agencies and fish and wildlife agencies. The notice shall be sent at least twenty two (22) days prior to the public hearing. (Ord. 590, 6-12-2019)

   E.   Applications for permits within an Area of City Impact shall be noticed according to the agreements set forth for the individual community.

   F.   Reserved. (Ord. 582, 12-5-2018)

   G.   Any permit application which relates to a public school facility or public emergency facility shall receive priority consideration and shall be reviewed at the earliest reasonable time, regardless of the timing of its submission, relative to other applications.

   H.   The Governing Body may consider related permits concurrently at a single public hearing for the convenience of the applicants and the public. (Ord. 501, 11-18-2008)

   I.   When the Governing Body has made a final decision on an application, the Planning Director shall provide notice to applicants of the final decision in writing within five (5) working days of the date of the decision. (Ord. 590, 6-12-2019)