This article applies to land uses that require approval of a director's administrative decision in accordance with the zoning and land use matrix in section 07-10-27: of this chapter. (Ord. 11-003, 3-16-2011)

   (1)   Application: The applicant shall submit to DSD an application for a director's administrative decision along with the appropriate fee. DSD shall provide notification by mail of the application to the owners of parcels within six hundred feet (600') of the external boundaries of the parcel, as well as any applicable agencies and shall provide such individuals and agencies a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed application. (Ord. 12-006, 3-22-2012)

   (2)   Compliance With This Code: Prior to issuance of a director's administrative decision, the subject property shall be in compliance with the public nuisance ordinance (chapter 2, article 1 of this code), the building code (chapter 6 of this code), and with all other articles of this chapter.

   (3)   Compliance With All Applicable Regulations: The property shall comply with all applicable federal, state, and county laws, ordinances, rules and regulations that pertain to the property and/or business.

   (4)   Compliance With County Ordinances: The property shall be in compliance with the Canyon County zoning ordinance, public nuisance ordinance and building ordinance.

   (5)   Nontransferable: This permit is not transferable to any other property or individual and is not valid for any business or use other than that specifically approved by the director.

   (6)   Parking: Off street parking shall be provided in accordance with article 13 of this chapter. No parking space shall be located in any public right of way.

   (7)   Decision Of The Director:

      A.    Review Of Application: Compliance with granting an administrative approval shall be within the discretion of the director following a full review of the facts as stated on the application and as received as a result of the required notification process. The burden of persuading the director to grant a permit is on the applicant. The director shall consider the uses of the surrounding properties in the determination of the compatibility of the proposed use with such uses.

      B.    Additional Conditions: The director may require additional land use related conditions as are necessary to protect the health, safety and welfare of the residents of parcels within six hundred feet (600'), as well as conditions that would protect the uses of surrounding properties.

      C.    Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.

   (8)   Appeal By Affected Person: Any affected person who is aggrieved by the director's decision may file a written notice of appeal in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. An appeal shall be noticed and heard as a conditional use permit.

   (9)   Renewals: Renewals are not required for administrative decisions unless specifically addressed in the additional standards of this article. Development services will conduct periodic reviews of approved administrative decisions to ensure compliance with conditions of approval.

   (10)   Revocation/Violation Of Conditions:

      A.    Any person, including staff, may file a written notice with the director presenting evidence that the conditions of the administrative decision have been violated. The director shall review the evidence and may conduct an additional investigation if deemed necessary. If the director determines that sufficient evidence shows a violation of the conditions, he shall provide by mail notice of such findings to the permit holder. The permit holder shall be given thirty (30) days to bring the condition into compliance.

      B.    The director may issue written findings revoking a permit for noncompliance if the permit holder fails to comply with the conditions of the notice given.

      C.    The director's revocation may be appealed in accordance with section 07-05-07, "Appeal Of Director Administrative Decision", of this chapter. (Ord. 11-003, 3-16-2011)

   (1)   In zones allowing a temporary use, the landowner may apply for a temporary use permit for the following reasons:

      A.    For farmworkers engaged in performing a substantial amount of the operation of the applicant's bona fide farming activities in an agricultural zone;

      B.    While a single-family dwelling is being constructed;

      C.    Residing in an RV outside an RV park for a period not to exceed ninety (90) days within a calendar year. (Ord. 12-006, 3-22-2012)

(Rep. by Ord. 16-001, 1-8-2016)

   (1)   If a daycare facility is approved the director shall specify the maximum number of children within the decision.

   (2)   Group daycare facility and daycare center general standards:

      A.    There shall be a minimum of thirty five (35) square feet of net floor area indoors per child. This space shall be measured wall to wall in rooms that are regularly used by the children, exclusive of halls, bathrooms, and kitchen.

      B.    On site vehicle pick up and turnaround areas shall be provided to ensure safe discharge and pick up of children, in addition to the required off street parking for the dwelling.

      C.    The applicant or owner shall secure and maintain a basic daycare license from the state of Idaho department of health and welfare family and children's services division.

      D.    The applicant shall provide a minimum outdoor play area of one hundred (100) square feet per child. The minimum play area requirement may be waived if:

         1.    There is greater or equal area of parks that abut the facility that can be used by the children; or

         2.    The program design is such that the number of children using the play area at any one time conforms to the one hundred (100) square feet per child criteria.

      E.    All outdoor play areas shall be completely enclosed by a minimum six foot (6') barrier to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool barrier requirements of the Canyon County building code as set forth in chapter 6 of this code. (Ord. 11-003, 3-16-2011)