The director shall be responsible for administration of this title, including, without limitation, the following:

   A.   Fees: The director is authorized to collect fees, as approved by resolution of the board, for services associated with development activities authorized in this title.

   B.   Forms: The director is authorized to develop and require the completion of forms to aid in the administration of this title.

   C.   Adoption Of Criteria For Supporting Documents: The board may adopt, by resolution, criteria for supporting documents that may be necessary in the administration of this title.

   D.   Interpretation: In applying this title to situations that are not specifically addressed, the actions taken shall be in conformance with the purpose and intent of the title, and shall be in the best interest of the public, but with due consideration for individual property rights.

   E.   Right To Inspect: The property owner or authorized applicant's signature on a permit application shall constitute approval for the department to enter onto and inspect the property which is the subject of the permit application except in cases where construction standards are governed by codes other than those under the jurisdiction of the county, such as the national electrical safety code (NESC), or where entry onto the property may be limited to qualified or certified personnel due to the nature of the use. In such cases, an application for a permit shall not constitute a waiver of the right to limit entry onto the subject property.

   F.   Abatement Of Nuisances And Hazards: The director shall have the authority to abate public nuisances and hazards as provided in Idaho law and in section 8.8.604 of this chapter. (Ord. 493, 6-9-2016)

The board shall adopt, by resolution, a schedule of fees for the department. (Ord. 493, 6-9-2016)

Upon filing of an application with the department for any permit or approval authorized under this title, the applicant shall diligently pursue approval of the application. Failure to comply with this duty shall subject the application to dismissal for inactivity in accordance with the provisions of this section.

   A.   Inactivity Subjecting An Application To Dismissal: When an action by the applicant is required for further processing of an application, the application shall be subject to dismissal six (6) months after the date that the action is requested, if the applicant either:

      1.   Fails to take the required action;

      2.   Fails to request an extension of time pursuant to subsection B of this section; or

      3.   The department has been unable to contact the applicant during the entirety of the six (6) month period.

   B.   Extension Of Time: Upon written request of the applicant made before the expiration of the six (6) month period set forth in subsection A of this section, or before the expiration of an extension period previously granted pursuant to this subsection, the time for dismissal of an application may be extended by up to six (6) additional months. The total of all extension periods granted pursuant to this subsection shall not exceed two (2) years.

   C.   Notice Of Intent To Dismiss: Upon the expiration of the six (6) month period set forth in subsection A of this section, the department shall issue a notice of intent to dismiss the application which contains the reasons for the proposed dismissal. The notice shall be mailed via certified mail, return receipt requested, to the last known address of the applicant most likely to provide notice of intent to dismiss the application. If the certified mailing is returned undelivered or unclaimed, the notice shall then be sent via regular first class mail.

   D.   Dismissal For Inactivity: After the expiration of thirty (30) days after the mailing of a notice of intent to dismiss, the application shall be dismissed unless the applicant has commenced the action required to be taken, or has requested an extension of time pursuant to subsection B of this section.

   E.   Order Of Dismissal: Upon dismissal of an application for inactivity, the director shall issue an order dismissing the application which contains the reasons for the dismissal. The order shall be mailed via certified mail, return receipt requested, to the last known address of the applicant most likely to provide notice of dismissal of the application. If the certified mailing is returned undelivered or unclaimed, the order shall then be sent via regular first class mail.

   F.   Appeals: A dismissal for inactivity may be appealed in accordance with article 8.5 of this chapter. (Ord. 493, 6-9-2016)

   A.   Pursuant to section 67-6510, Idaho Code, the board may require an applicant and affected persons objecting to an application made pursuant to any provision of this title to participate in at least one mediation session. Requests for mediation must be submitted to the board in writing, and may be submitted by the applicant, an affected person, the planning commission, or a hearing examiner.

   B.   If required, the board shall select and pay the expense of the mediator for the first meeting. Compensation of the mediator for additional meetings shall be determined among the parties at the outset of any mediation undertaking.

   C.   Mediation may occur at any point during the decision making process or after a final decision has been made; however, if mediation occurs after a final decision, any resolution of differences must be the subject of another public hearing before the hearing body.

   D.   The mediation session shall not be a part of the official record for an application.

   E.   During mediation, any relevant time limitation on the application shall be tolled. Such tolling shall cease when the applicant or other affected person, after having participated in at least one mediation session, provides the county with a written statement that no further participation is desired, and the other parties are notified. If no mediation is scheduled, tolling shall cease twenty eight (28) days from the date of the request. (Ord. 493, 6-9-2016)

   A.   Application Requirements: The following items constitute a complete application for a conditional use permit:

      1.   Application Form: A completed application form must be submitted with the property owner's signature, or with the applicant's signature together with a notarized letter from the property owner authorizing the applicant to file the permit application.

      2.   Fees: Fees as adopted by resolution of the board.

      3.   Site Plan: A site plan must be submitted which is drawn to scale showing a north arrow, lot boundaries, location of all structures and utilities, the location, dimension and purpose of existing easements, the location of future structures, and other relevant information regarding the site and the request. When required, site plans shall also contain the specific information required for the proposed use as set forth in chapter 5, article 5.1 of this title.

      4.   Photographs: At least four (4) pictures of the site, taken at various angles, must be submitted which depict the general character of the site. Photographs must be accompanied by a map showing the location and orientation of the photographs.

      5.   Narrative: A narrative must be submitted which describes in detail the existing conditions of the property and the nature of the proposal. The narrative should also explain why the request should be approved, including how the proposal meets the applicable provisions of this title, why it would be in the public interest and how it would affect the surrounding property owners and the public.

      6.   Variances Or Deviations From Standards: An application for a conditional use permit may include a request for one or more variances or deviations from the standards which would otherwise apply to the use for which the permit is sought. Any such request must be specifically identified and addressed in detail in the narrative. The narrative should also explain why the variance or deviation should be approved, including why an undue hardship exists because of characteristics of the site, why the requested variance or deviation is the minimum variance that will make possible the use associated with the applied for permit, and why the variance or deviation would not be in conflict with the public interest.

   B.   Approval Process And Requirements:

      1.   The applicant shall schedule a preapplication meeting with a department planner to discuss the feasibility of the request and the application requirements.

      2.   The applicant shall submit a complete application meeting the application requirements set forth in subsection A of this section. Incomplete applications will not be processed.

      3.   If the application is complete, the county will forward it to other reviewing agencies and organizations with relevant expertise or jurisdiction, requesting their comment within thirty (30) days. Agency comments should explain whether the proposal appears feasible and will meet the agency's requirements. All such comments shall become a part of the record of the application.

      4.   After all required agency letters are received, the department will review the application and schedule it for a public hearing. Notice shall be provided in accordance with article 8.4 of this chapter.

      5.   Any person may submit written comments on the proposed application through mail, electronic mail, or in person. All such comments shall become a part of the record of the application.

   C.   Required Findings:

      1.   The hearing body shall not recommend for approval, and the board shall not approve, a conditional use permit except upon the following findings:

         a.   The applicable procedural requirements have been met.

         b.   The proposal is in compliance with the applicable standards for the proposed use without variances, or with such variances as may be approved by the board.

         c.   The proposal is compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area.

         d.   The proposal adequately addresses site constraints or hazards, and adequately mitigates any negative environmental, social and economic impacts.

         e.   Services and facilities for the proposal are available and adequate.

         f.   The proposal will meet the duly adopted requirements of other agencies with jurisdiction.

         g.   The proposal is not in conflict with the comprehensive plan.

      2.   Any requested variance or deviation from standards which would otherwise apply to the use for which the permit is sought shall not be approved except upon the following findings:

         a.   An undue hardship exists because of characteristics of the site;

         b.   The granting of the variance or deviation will not be in conflict with the public interest; and

         c.   The variance is the minimum variance that will make possible the use approved in the permit.

      3.   If the decision is a denial, the board must state the actions, if any, the applicant could take to gain approval.

   D.   Permit Conditions And Modifications:

      1.   Permits for conditional uses shall stipulate restrictions or conditions which uphold the spirit and intent of this title and are roughly proportional, both in nature and extent, to the reasonably expected impacts of the approved use, including, without limitation, a definite time limit, hours of operation, provisions for front, side, and rear yard setbacks less than or greater than the normally applicable standards, suitable landscaping, sight restrictions, or other conditions or safeguards which address reasonably expected impacts of the approved use. Permit approval may be conditioned on approval of other agencies with jurisdiction. Violation of any such conditions, when made a part of the terms under which the permit is granted, shall be deemed a violation governed under article 8.6 of this chapter.

      2.   Conditional use permits approved without a time deadline shall expire after two (2) years from the date of signing the order of decision approving the permit if the use authorized by the permit has not been established through, at a minimum, development activity apparent upon a view of the site or submittal of an application for one or more development permits.

      3.   A minor modification to a previously approved conditional use permit may be granted by the director if it is determined that the requested modification would not constitute a substantial change to the findings and conclusions in the original approval, and that the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The director shall deny the requested modification upon a finding that the request constitutes a substantial change to the permit. In such cases, the applicant may apply for approval of a use or condition modification, as appropriate, in accordance with the procedures set forth in this section.

   E.   Recordation: The Order of Decision approving a conditional use permit application shall be recorded at the owner’s expense. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   Application Requirements: The following items constitute a complete application for a special notice permit:

      1.   Application Form: A completed application form must be submitted with the property owner's signature, or with the applicant's signature together with a notarized letter from the property owner authorizing the applicant to file the permit application.

      2.   Fees: Fees, as adopted by resolution of the board.

      3.   Site Plan: A site plan must be submitted which is drawn to scale showing a north arrow, lot boundaries, location of all structures and utilities, the location, dimension and purpose of existing easements, the location of future structures, and other relevant information regarding the site and the request. When required, site plans shall also contain the specific information required for the proposed use as set forth in chapter 5, article 5.2 of this title.

      4.   Photographs: At least four (4) pictures of the site, taken at various angles, must be submitted which depict the general character of the site. Photographs must be accompanied by a map showing the location and orientation of the photographs.

      5.   Narrative: A narrative must be submitted which describes in detail the existing conditions of the property and the nature of the proposal. The narrative should also explain why the request should be approved, including how the proposal meets the applicable provisions of this title, why it would be in the public interest and how it would affect the surrounding property owners and the public.

      6.   Variances Or Deviations From Standards: An application for a special notice permit may include a request for one or more variances or deviations from the standards which would otherwise apply to the use for which the permit is sought. Any such request must be specifically identified and addressed in detail in the narrative. The narrative should also explain why the variance or deviation should be approved, including why an undue hardship exists because of characteristics of the site, why the requested variance or deviation is the minimum variance that will make possible the use associated with the applied for permit, and why the variance or deviation would not be in conflict with the public interest.

   B.   Approval Process And Requirements:

      1.   The applicant shall schedule a preapplication meeting with a department planner to discuss the feasibility of the request and the application requirements.

      2.   The applicant shall submit a complete application meeting the application requirements set forth in subsection A of this section. Incomplete applications will not be processed.

      3.   If the application is complete, the department shall review the application and forward it to other reviewing agencies and organizations with relevant expertise or jurisdiction, requesting their comment within thirty (30) days. Agency comments should explain whether the proposal appears feasible and will meet the agency's requirements. All such comments shall become a part of the record of the application.

      4.   The department shall also schedule the application for a thirty (30) day public comment period, which shall run concurrently with the agency comment period. Notice of the public comment period shall be provided in accordance with article 8.4 of this chapter.

      5.   Any person may submit written comments on the proposed application through mail, electronic mail, or in person. All such comments received prior to the close of the public comment period will become a part of the record on the application.

      6.   After the close of the public comment period, the director shall review the relevant evidence in the record and issue an order of decision.

   C.   Required Findings:

      1.   To approve an application, the director must make the following findings:

         a.   The applicable procedural requirements have been met.

         b.   The proposal is in compliance with the applicable standards for the proposed use without variances, or with such variances as may be approved by the board.

         c.   The proposal is compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area.

         d.   The proposal adequately addresses site constraints or hazards, and adequately mitigates any negative environmental, social and economic impacts.

         e.   Services and facilities for the proposal are available and adequate.

         f.   The proposal will meet the duly adopted requirements of other agencies with jurisdiction.

      2.   Any requested variance or deviation from standards which would otherwise apply to the use for which the permit is sought shall not be approved except upon the following findings:

         a.   An undue hardship exists because of characteristics of the site;

         b.   The granting of the variance or deviation will not be in conflict with the public interest; and

         c.   The variance is the minimum variance that will make possible the use approved in the permit.

      3.   If the decision is a denial, the director must state the actions, if any, the applicant could take to gain approval.

   D.   Permit Conditions And Modifications:

      1.   Special notice permits may stipulate restrictions or conditions which uphold the spirit and intent of this title and are roughly proportional, both in nature and extent, to the reasonably expected impacts of the approved use, including, without limitation, a definite time limit, hours of operation, provisions for front, side, and rear yard setbacks less than or greater than the normally applicable standards, suitable landscaping, sight restrictions, or other conditions or safeguards which address reasonably expected impacts of the approved use. Permit approval may be made specifically contingent on approval of other agencies with jurisdiction. Violation of any such conditions, when made a part of the terms under which the permit is granted, shall be deemed a violation governed under article 8.6 of this chapter.

      2.   Special notice permits approved without a time deadline shall expire after two (2) years from the date of signing the order of decision approving the permit if the use authorized by the permit has not been established through, at a minimum, development activity apparent upon a view of the site or submittal of an application for one or more development permits.

      3.   A minor modification to a previously approved special notice permit may be granted by the director if it is determined that the requested modification would not constitute a substantial change to the findings and conclusions in the original approval, and that the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The director shall deny the requested modification upon a finding that the request constitutes a substantial change to the permit. In such cases, the applicant may apply for approval of a use or condition modification, as appropriate, in accordance with the procedures set forth in this section.

   E.   Recordation: The Order of Decision approving a special notice permit application shall be recorded at the owner’s expense.

   F.   Appeals: Decisions made by the director may be appealed to the board in accordance with article 8.5 of this chapter. (Ord. 493, 6-9-2016; amd. Ord. 546, 10-17-2019)

   A.   General Provisions:

      1.   Purpose: The purpose of this section is to authorize such variances from the provisions of this title in specific cases as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship.

      2.   Description: A variance is a modification of the bulk and placement requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other provision of this title affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

      3.   Invalid Grounds: No nonconforming use of neighboring land, structures, or buildings in the same zone, and no permitted or nonconforming use of lands, structures, or buildings, in other zones shall be considered grounds for the issuance of a variance.

   B.   Application Requirements: The following items constitute a complete application:

      1.   A completed application form signed by the property owner;

      2.   The appropriate application fee;

      3.   Photographs of the site, including the area that pertains to the variance (if applicable);

      4.   A map of the vicinity of the property for which the variance is sought;

      5.   A narrative that includes:

         a.   A written explanation of the variance that is requested;

         b.   The applicable sections of this title; and

         c.   An explanation of how the request meets the approval standards and conditions outlined in this section.

      6.   A site plan for the property, drawn to scale, showing a north arrow, property lines, structures, driveways, surface water, retaining walls, easements, rights of way, wells, sewage systems, slopes, stormwater systems and other items as may be required by the county. The maximum allowable size of the site plan is eleven inches by seventeen inches (11" x 17").

   C.   Procedures For Granting Variances:

      1.   The applicant shall submit a complete application meeting the application requirements set forth in subsection B of this section. Incomplete applications will not be processed.

      2.   If the application is complete, the Department will forward it to other reviewing agencies and organizations with relevant expertise or jurisdiction, requesting their comment within thirty (30) days. Agency comments should include any agency requirements and whether the requested variance would be in conflict with the public interest. All such comments shall become a part of the record of the application.

      3.   After all required agency letters are received, notice of public hearing shall be given, and a public hearing held, in accordance with article 8.4 of this chapter.

      4.   The hearing body shall not recommend for approval, and the board shall not approve, a variance except upon the following findings:

         a.   The applicable procedural requirements have been met.

         b.   An undue hardship exists because of characteristics of the site.

            (1)   The subject property has exceptional or extraordinary physical characteristics such as irregularity, narrowness, shallowness, or slope.

            (2)   Because of these physical characteristics, the strict application of the provisions of this title that are the subject of the requested variance would create an exceptional or undue hardship upon the property owner.

            (3)   The hardship is not self-imposed.

         c.   The variance will not be in conflict with the public interest.

            (1)   The variance will not adversely affect the use of adjacent property as permitted under this title.

            (2)   The variance will not change the character of the zone in which the property is located, and is in keeping with the intent of this title, the Comprehensive Plan, and any applicable area of city impact agreement or other intergovernmental agreement.

            (3)   The variance will not adversely affect the health, safety, and welfare of the citizens of Kootenai County.

      5.   In conjunction with the granting of any variance request, the hearing body may recommend, and the board may impose, conditions of approval which further the purposes of this title and are roughly proportional, both in nature and extent, to the impacts of the variance. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation governed under article 8.6 of this chapter.

   D.   Specific Approval Standards And Conditions For Flood Variances:

      1.   The issuance of variances to flood damage prevention standards contained in chapter 7, article 7.2 of this title shall be for floodplain management purposes only. The granting of a variance to such standards will not reduce, and may increase, flood insurance premiums, which are determined on the basis of actuarial risk in accordance with federal law.

      2.   The granting of variances will generally be limited to new construction and substantial improvements on lots of one-half (1/2) acre or less, contiguous to and surrounded by lots with existing structures constructed below the base flood elevation. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing a variance will increase.

      3.   Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the national register of historic places or the state inventory of historic places, upon a determination that the proposed work will not preclude the structure's continued designation as a historic structure, and that the variance is the minimum necessary to preserve the historic character and design of the structure.

      4.   Variances shall not be issued within a designated floodway.

      5.   Variances shall be issued only upon the findings set forth in subsection C3 of this section, and the following additional findings:

         a.   Good and sufficient cause exists for the variance. For purposes of this subsection, a variance is based on "good and sufficient cause" if:

            (1)   The variance solely concerns site-specific physical characteristics which are uniquely inherent to the property that is the subject of the request and will not change or be significantly altered over time;

            (2)   The property possesses physical characteristics so unusual that full compliance with the provisions of this article would create an exceptional hardship related to the property, the surrounding property owners, or the community in general; and

            (3)   The unusual physical characteristics are unique to the property and are not shared by adjacent parcels or typical of other parcels in the community.

         b.   Failure to grant the variance would result in exceptional hardship to the applicant;

         c.   The granting of the variance will not result in increased flood heights, will not harm other properties, will not result in additional threats to public safety or result in extraordinary public expense, and will not create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances;

         d.   Adequate measures will be taken to minimize flood damage; and

         e.   The variance is the minimum necessary, considering the flood hazard, to afford relief.

      6.   In reviewing applications, the following factors shall be considered:

         a.   The danger that materials may be swept onto other lands to the injury of others;

         b.   The danger to life and property due to flooding or erosion damage;

         c.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

         d.   The importance of the services provided by the proposed facility to the community;

         e.   The necessity to the facility of a waterfront location, where applicable;

         f.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

         g.   The compatibility of the proposed use with existing and anticipated floodplain development;

         h.   The compatibility of the proposed use to the comprehensive plan and floodplain management program for that area;

         i.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         j.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site;

         k.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

         l.   Any technical evaluations in the record;

         m.   Any applicable standards specified in other sections of this title; and

         n.   All other factors relevant to the request.

      7.   Any applicant to whom a variance is granted shall be given written notice, signed by the chairman of the board and maintained with the record of the variance action, of the following:

         a.   That the issuance of a variance is for floodplain management purposes only and that it will not reduce, and may increase, flood insurance premiums, which are determined on the basis of actuarial risk in accordance with federal law;

         b.   That the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for every one hundred dollars ($100.00) of insurance coverage;

         c.   That such construction below the base flood level increases risks to life and property; and

         d.   That the county shall not be liable for any flood damages that result.

      8.   In approving a variance, the board may attach conditions which further the purposes of this title and are roughly proportional, both in nature and extent, to the impacts of the variance. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation subject to enforcement action pursuant to article 8.8 of this chapter and shall render the variance null and void.

      9.   The county shall maintain the records of all variance and appeal actions, including justification for their issuance, and report any variances issued in its annual report to the federal insurance and mitigation administration.

   E.   Administrative Approvals:

      1.   An administrative exception, not to exceed one foot (1') of any dimensional requirement pertinent to front, side, rear, and flanking streets setbacks may be granted by administrative action of the director without public notice and without public hearing. No administrative exception which constitutes a variance to flood damage prevention standard shall be granted.

      2.   A variance to a front, side, rear, or flanking street setback from a private road, private right-of-way, or shoreline may be granted by administrative approval of the Director pursuant to the procedure and approval standards set forth in this section, except that a thirty (30) day public comment period shall be provided in lieu of the requirement for a public hearing.

      3.   Variances to setbacks from shorelines granted pursuant to this subsection shall not authorize the construction of structures or mechanical ground disturbances in a shoreline management area except as permitted in section 8.7.109 of this title.

      4.   Decisions made by the Director pursuant to this subsection may be appealed in accordance with article 8.5 of this chapter. (Ord. 493, 6-9-2016; amd. Ord. 545, 10-3-2019; Ord. 546, 10-17-2019; Ord. 569, 9-16-2021)

The approval process for all permits requiring approval of the director, other than special notice permits and building permits, shall be as follows:

   A.   Application: The applicant must submit a complete application packet with sufficient copies for the review of other agencies, as determined by the director. Incomplete applications will not be processed. The following items constitute a complete application:

      1.   Application Form: A completed application form with the property owner's signature or a notarized letter from the property owner authorizing the applicant to act on the owner's behalf.

      2.   Fees: Fees as adopted by resolution of the board.

      3.   Site Plan: A detailed site plan and description of the proposed use which contains information sufficient to demonstrate compliance with applicable standards, and any other information reasonably requested by the director, shall be submitted with the application. The site plan must be drawn to scale, showing a north arrow, lot boundaries, location of all existing structures and utilities, the location, dimension and purpose of existing easements, the location of any proposed temporary structures, and any other relevant information regarding the site and the request.

      4.   Photographs: At least four (4) photographs of the site must be submitted which were taken at various angles and depict the general character of the site. The photographs must be accompanied by a map showing their respective locations and orientations.

      5.   Narrative: A narrative must be submitted which thoroughly describes the current condition of the property and what is being proposed. The narrative must explain why the request should be approved, how the proposal meets applicable provisions of this code, why approval would be in the public interest, and how approval would affect surrounding property owners and the public.

   B.   Agency Review: Upon submittal of a complete application, the director may forward application packets to agencies with jurisdiction requesting their review and input within thirty (30) days of the date on which the application package was sent. The applicant shall be responsible for determining whether other agencies have any additional fee or submittal requirements. The applicant must comply with any such requirements.

   C.   Required Findings: To approve an application, the director must make the following findings:

      1.   The applicant has met the relevant application requirements.

      2.   The proposal is in compliance with the applicable standards for the proposed use without variances, or with such variances as may be approved by the board.

      3.   The proposal is compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area.

      4.   The proposal adequately addresses site constraints or hazards, and adequately mitigates any negative environmental, social and economic impacts.

      5.   Services and facilities for the proposal are available and adequate.

      6.   The proposal will meet the duly adopted requirements of other agencies with jurisdiction.

   D.   Order Of Decision:

      1.   After agency letters are received or the lapsing of thirty (30) days, whichever is earlier, the director shall review the relevant evidence in the record, and shall issue an order of decision within fourteen (14) days after the expiration of the agency comment period, unless the applicant expressly waives this time period in writing.

      2.   The order shall comply with the requirements of section 67-6535, Idaho Code.

      3.   If the decision is an approval, the order shall include any conditions, restrictions, or limitations of approval. If the decision is a denial, the order shall include the actions which the applicant could take to gain approval.

   E.   Conditions And Modification Of Approvals:

      1.   Administrative approvals may stipulate restrictions or conditions which uphold the spirit and intent of this title and are roughly proportional, both in nature and extent, to the reasonably expected impacts of the approved use, including, without limitation, a definite time limit, hours of operation, provisions for front, side, and rear yard setbacks less than or greater than the normally applicable standards, suitable landscaping, sight restrictions, or other conditions or safeguards which address reasonably expected impacts of the approved use. Approval may be conditioned on approval of other agencies with jurisdiction. Violation of any such conditions, when made a part of the terms under which the permit is granted, shall be deemed a violation governed under article 8.6 of this chapter.

      2.   A minor modification to a previously approved special notice permit may be granted by the director if it is determined that the requested modification would not constitute a substantial change to the findings and conclusions in the original approval, and that the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The director shall deny the requested modification upon a finding that the request constitutes a substantial change to the permit. In such cases, the applicant may apply for approval of a use or condition modification, as appropriate, in accordance with the procedures set forth in this section.

   F.   Appeals: Decisions made by the director may be appealed in accordance with article 8.5 of this chapter. (Ord. 493, 6-9-2016)

All permits for construction, alteration, or for occupancy, shall be processed in compliance with the provisions of title 7, chapter 1 of this code and the building codes adopted thereby.

   A.   Building Permits: It shall be unlawful to construct, alter, move, demolish, repair, or use any building or structure within Kootenai County, except in compliance with this title and title 7, chapter 1 of this code. The director may attach specific conditions to any building permit related to land use functions, and to ensure compliance with the requirements and intent of this title and the protection of public health and safety.

   B.   Requirements For Binding Site Plans: Each building permit application will be accompanied by an eight and one-half inch by eleven inch (81/2" x 11") site plan, drawn to scale, depicting the following information:

      1.   North arrow, scale, date;

      2.   Lot lines with dimensions and area;

      3.   Distances to property lines from all structures;

      4.   Existing and proposed easements, roads and road names;

      5.   Utility locations (including well and septic);

      6.   Location and setback from property lines of all existing and proposed structures;

      7.   Location of driveways and parking areas;

      8.   Location of lakes, ponds, wetlands, waterways and drainages;

      9.   Location of any special setback and/or building envelope requirements.

The work authorized by the approved building permit shall comply with the site plan approved by the department. The contractor or property owner shall clearly mark the property corners to facilitate the measurement of setbacks. If site inspection by department personnel reveals that construction on site is not in compliance with the approved site plan, work at the site shall cease until a new site plan is submitted to, and approved by, the department.

   C.   Additional Requirements For Development In Special Flood Hazard Areas: Before construction or development begins within any special flood hazard area, the applicant shall provide sufficient information to conclusively demonstrate compliance with the applicable provisions of chapter 7, article 7.2 of this title. At a minimum, this shall include the following:

      1.   A fully completed, pre- and post-construction elevation certificate for each structure;

      2.   A certification by a licensed professional engineer that any structural fill has been appropriately compacted;

      3.   A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and

      4.   Any additional information required by the director.

   D.   Certificates Of Occupancy:

      1.   It shall be unlawful to use or occupy, or permit the use or occupancy, of any building or premises, or both, or part thereof thereafter created, erected, changed, converted, or wholly or partly altered, or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor.

      2.   The request for a certificate of occupancy will state the proposed use of the building and/or the land, that the use conforms to the requirements of this title, and with any or all conditional provisions that may have been imposed, and shall be accompanied by approval signatures of those agencies having jurisdiction over the use or structure.

      3.   The department will not issue a certificate of occupancy until all building permit requirements and/or conditions of approval have been met, any pending plat is recorded, and all necessary agency signatures and approvals are obtained. The department shall have the right to inspect the site prior to approval of the certificate of occupancy.

   E.   Waiver Or Modification: The provisions of this section may be temporarily waived or modified to allow for the repair or replacement of structures damaged as a result of a natural disaster pursuant to resolution of the board, but only to the extent necessary to remedy damage actually or proximately caused by the natural disaster. Such waiver or modification shall not constitute a waiver or estoppel of the county's ability to enforce any violations of this title, or of any other provision of this code, existing on any parcel. (Ord. 493, 6-9-2016; amd. Ord. 560, 12-17-2020)

   A.   Establishment: A planning and zoning commission ("the commission") is hereby established in and for the county pursuant to section 67-6504, Idaho Code. Such commission shall consist of seven (7) members, appointed by the chairman, and confirmed by a majority vote of the board. Members shall be selected without regard to political affiliation and shall serve without compensation, provided, however, that actual and necessary expenses shall be allowed if approved by the board.

   B.   Qualifications: Commission members shall meet the requirements of section 67-6504, Idaho Code.

   C.   Terms Of Office: The terms of office for commission members shall conform to the requirements of section 67-6504, Idaho Code, and shall be for three (3) years. Expired or vacant positions shall be filled within ninety (90) days. Terms shall begin on January 1 and conclude on December 31. The board may set term limitations for members of the commission by resolution.

   D.   Removal Of Members: Any member of the commission may be removed for cause by a majority vote of the board. Any member who is absent from any series of three (3) consecutive regular and/or special meetings and study sessions, without the formal consent of the commission, or who fails to attend at least seventy five percent (75%) of such regular and special meetings and study sessions, in any one calendar year, may be removed by the board.

   E.   Chair: Once every year, at the regular meeting held in February, or the first regular meeting thereafter, the commission shall select one of its members as chair of the commission and one of its members as vice chair. In the case of the absence of the chair and vice chair, the members present at any meeting shall select one member to act as chair pro tem.

   F.   Meetings:

      1.   Time Of Meetings: Once each year, the director shall publish the commission's monthly meeting schedule for the following year. Special meetings may be called at any time by the chair of the commission or by the director, subject to the notification requirements set forth herein.

      2.   Quorum: A majority of the filled positions on the commission shall constitute a quorum for the purpose of conducting the commission's business, provided there are at least three (3) filled positions. For purposes of determining a quorum, a member who is present, but who cannot hear or deliberate on an application because of a conflict of interest, shall be counted as a member present for quorum purposes.

      3.   Record Of Proceedings: Minutes shall be kept of all commission proceedings, and a transcribable recording of all commission proceedings shall be made. The director shall ensure that recordings of commission proceedings are transcribed when required by law, and may provide for transcription of recordings of commission proceedings at any other time.

      4.   Voting: Each member of the commission which does not have a conflict as defined in section 67-6506, Idaho Code, including the chair, chair pro tem and vice chair, shall be entitled to one vote on each matter before the commission.

   G.   Powers And Duties: The commission shall act in an advisory capacity to the board, and shall perform such duties as may be imposed upon it by the board.

   H.   Procedural Rules: The commission may adopt such bylaws or rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the department and a copy thereof shall be furnished to any person upon request.

   I.   Liability: Neither the commission, nor any person connected with the commission, shall incur any financial liability in the name of the county. (Ord. 493, 6-9-2016)

   A.   Establishment: A historic preservation commission is hereby established in and for the county pursuant to section 67-4603, Idaho Code. Such commission shall consist of seven (7) members, appointed by the chairman, and confirmed by a majority vote of the board. Members shall be selected without regard to political affiliation and shall serve without compensation, provided, however, that actual and necessary expenses shall be allowed if approved by the board.

   B.   Purpose: This section establishes a program of historic preservation to promote the use and conservation of the county's historical resources for the education, inspiration, pleasure and enrichment of the citizens of Kootenai County:

      1.   To designate, preserve, promote and perpetuate those sites, areas, buildings, districts, structures and objects which reflect significant elements of the county's, state's, and nation's cultural, architectural, archaeological, historic and other heritage;

      2.   To foster civic pride in the beauty and accomplishments of the past;

      3.   To protect and enhance the county's tourism industry by stabilizing and improving the economic vitality and values of landmarks, sites, districts, buildings, structures and objects;

      4.   To promote the continued use of outstanding sites, districts, buildings, structures and objects for the education, inspiration and welfare of the people of Kootenai County;

      5.   To promote and continue private incentive for ownership and utilization of landmark buildings, sites, districts, structures and objects; and

      6.   To assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of landmark buildings, sites, districts, structures and objects.

   C.   Powers, Duties And Responsibilities: Subject to Idaho law and the procedures described hereunder, the historic preservation commission shall have and may exercise, in addition to any other powers specifically enumerated in this section, the following powers, duties and responsibilities:

      1.   To function as the county agency responsible for developing and coordinating the county's historic preservation activities;

      2.   To conduct a survey of county historic properties;

      3.   To advise and assist owners of historic property on physical and financial aspects of historic preservation and on procedures for inclusion in the national register of historic places;

      4.   To recommend ordinances to the board and otherwise provide information for the purposes of historic preservation to the county;

      5.   To promote and conduct an educational and interpretive program regarding historic properties within the county's jurisdiction;

      6.   To assist in the conduct of land use and other planning processes undertaken by the county or municipalities in the county;

      7.   To adopt its own bylaws and procedural rules, subject to the approval of the board;

      8.   To offer advice to the board as to the administration of gifts, grants and money as may be appropriate for the purposes of this section;

      9.   To cooperate with federal, state and local governments in the pursuit of historic preservation objectives; and

      10.   To undertake any other action or activity necessary and appropriate to the implementation of its powers and duties, to the implementation of the purpose of this chapter, or to any other functions which may be designated by the board.

      11.   The historic preservation commission may recommend to the board, within the limits of its funding, the employment or the contracting for the services of a qualified person to act as county historic preservation officer. The historic preservation commission may also recommend to the board, within the limits of its funding, the employment or contracting with technical experts or other persons as it deems necessary to carry out its essential functions.

   D.   Qualifications: All members of the historic preservation commission shall have a demonstrated interest, competence or knowledge in historic preservation. The board shall endeavor to appoint members who have professional training or experience in the disciplines of architecture, history, architectural history, planning, archaeology, and other fields relating to historic preservation.

   E.   Terms Of Office: The terms of office for historic preservation commission members shall be for three (3) years. Expired or vacant positions shall be filled within ninety (90) days. Terms shall begin on January 1 and conclude on December 31. The board may set term limitations for members of the historic preservation commission by resolution.

   F.   Removal Of Members: Any member of the historic preservation commission may be removed for cause by a majority vote of the board. Any member who is absent from any series of three (3) consecutive regular and/or special meetings and study sessions, without the formal consent of the historic preservation commission, or who fails to attend at least seventy five percent (75%) of such regular and special meetings and study sessions, in any one calendar year, may be removed by the board.

   G.   Chair: Once every year, at the regular meeting held in February, or the first regular meeting thereafter, the historic preservation commission shall select one of its members as chair of the commission and one of its members as vice chair. In the case of the absence of the chair and vice chair, the members present at any meeting shall select one member to act as chair pro tem.

   H.   Meetings:

      1.   Time Of Meetings: Once each year, the director shall publish the historic preservation commission's meeting schedule for the following year. Special meetings may be called at any time by the chair of the historic preservation commission or by the director, subject to the notification requirements set forth herein.

      2.   Quorum: A majority of the filled positions on the historic preservation commission shall constitute a quorum for the purpose of conducting its business, provided there are at least three (3) filled positions. For purposes of determining a quorum, a member who is present, but who cannot hear or deliberate on an application because of a conflict of interest, shall be counted as a member present for quorum purposes.

      3.   Record Of Proceedings: Minutes shall be kept of all historic preservation commission proceedings, and a transcribable recording of all such proceedings shall be made. The director shall ensure that recordings of such proceedings are transcribed when required by law, and may provide for transcription of recordings of such proceedings at any other time.

      4.   Voting: Each member of the historic preservation commission which does not have a conflict as defined in section 67-6506, Idaho Code, including the chair, chair pro tem and vice chair, shall be entitled to one vote on each matter before it.

   I.   Procedural Rules: The historic preservation commission may adopt such bylaws or rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the department and a copy thereof shall be furnished to any person upon request.

   J.   Liability: Neither the historic preservation commission, nor any person connected therewith, shall incur any financial liability in the name of the county.

   K.   Special Restrictions: In addition to any power or authority vested in the board, the board shall be empowered, pursuant to section 67-4612, Idaho Code, to provide by ordinance, special conditions or restrictions for the protection, enhancement and preservation of historic properties.

   L.   Exemption From Building Codes: In order to promote the preservation and restoration of historic properties within the county's jurisdiction, and pursuant to section 67-4618, Idaho Code, the board may exempt a historic property from the application of certain standards contained in title 7, chapter 1 of this code, if the board, upon recommendation of the historic preservation commission, determines that compliance with those standards would prevent or seriously hinder the preservation or restoration of that property.

   M.   Variances From Land Use Regulations: In order to promote the preservation and restoration of historic properties within the county's jurisdiction, and pursuant to section 67-6516, Idaho Code, the board may approve a request pertaining to a historic property for a variance from the application of certain standards contained in this title. The process for approval of such variance requests, including required findings, shall be in accordance with section 8.8.203 of this chapter, except that the historic preservation commission shall be the initial hearing body. (Ord. 493, 6-9-2016)

   A.   Establishment: The position of hearing examiner is hereby established in and for the county pursuant to section 67-6520, Idaho Code. One or more hearing examiners shall be appointed by the chairman, and confirmed by a majority vote of the board of county commissioners, and shall serve at the board's discretion.

   B.   Qualifications: Hearing examiners may be professionally trained or licensed planners, attorneys, engineers, or architects, who are experienced in land use matters.

   C.   Meetings:

      1.   Time Of Meetings: Once each year, the director shall publish the hearing examiners' monthly meeting schedule for the following year. Special meetings may be called at any time by a hearing examiner or the director, subject to the notification requirements set forth herein.

      2.   Record Of Proceedings: Minutes shall be kept of all proceedings before the hearing examiner, and a transcribable recording of all such proceedings shall be made. The director shall ensure that recordings of commission proceedings are transcribed when required by law, and may provide for transcription of recordings of commission proceedings at any other time.

   D.   Powers And Duties: Hearing examiners shall act in the same advisory capacity to the board as the commission, and shall perform such duties as may be imposed upon them by the board in accordance with Idaho Code.

   E.   Liability: No hearing examiner shall incur any financial liability in the name of the county. (Ord. 493, 6-9-2016)

   A.   Establishment. An Agricultural Protection Area Commission (“the APA Commission”) is hereby established in and for the County pursuant to Title 67, Chapter 97, Idaho Code. The APA Commission shall consist of five (5) members appointed by majority vote of the Board. Members shall be selected without regard to political affiliation and shall serve without compensation, provided, however, that actual and necessary expenses shall be allowed if approved by the Board.

   B.   Qualifications. Commission members shall meet the requirements of section 67-9705, Idaho Code.

   C.   Terms of Office. The terms of office for APA Commission members shall conform to the requirements of section 67-9705, Idaho Code, and shall be for three (3) years. Expired or vacant positions shall be filled within ninety (90) days. Terms shall begin on January 1 and conclude on December 31. The Board may set term limitations for members of the APA Commission by resolution.

   D.   Removal of Members. Any member of the APA Commission may be removed for cause by a majority vote of the Board. Any member who is absent from any series of three (3) consecutive regular and/or special meetings and study sessions, without the formal consent of the APA Commission, or who fails to attend at least seventy five percent (75%) of such regular and special meetings and study sessions, in any one calendar year, may be removed by the Board.

   E.   Chair. Once every year, at the regular meeting held in February, or the first regular meeting thereafter, the APA Commission shall select one of its members as Chair of the APA Commission and one of its members as Vice Chair. In the case of the absence of the Chair and Vice Chair, the members present at any meeting shall select one member to act as Chair pro tem.

   F.   Meetings.

      1.   Time of Meetings. Once each year, the Director shall publish the APA Commission’s monthly meeting schedule for the following year. Special meetings may be called at any time by the Chair of the APA Commission or by the Director, subject to the notification requirements set forth herein.

      2.   Quorum. A majority of the filled positions on the APA Commission shall constitute a quorum for the purpose of conducting the APA Commission’s business, provided there are at least three (3) filled positions. For purposes of determining a quorum, a member who is present, but who cannot hear or deliberate on an application because of a conflict of interest, shall be counted as a member present for quorum purposes.

      3.   Record of Proceedings: Minutes shall be kept of all APA Commission proceedings, and a transcribable recording of all APA Commission proceedings shall be made. The Director shall ensure that recordings of APA Commission proceedings are transcribed when required by law, and may provide for transcription of recordings of APA Commission proceedings at any other time.

      4.   Voting: Each member of the APA Commission which does not have a conflict as defined in section 67-6506, Idaho Code, including the Chair, Chair pro tem and Vice Chair, shall be entitled to one vote on each matter before the APA Commission.

   G.   Powers and Duties. The APA Commission shall act in an advisory capacity to the Board, and shall perform such duties as may be required under Title 67, Chapter 97, Idaho Code.

   H.   Procedural Rules. The APA Commission may adopt such bylaws or rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Department and a copy thereof shall be furnished to any person upon request.

   I.   Liability. Neither the APA Commission, nor any person connected with the APA Commission, shall incur any financial liability in the name of the County. (Ord. 607, 12-12-2024)

For purposes of this article, a legislative hearing is held for applications or proposals of a general nature, such as those affecting Countywide ordinances or plans. Quasi-judicial hearings are held for situation or site specific requests, including applications for zone changes, subdivisions, conditional use permits, variances, and appeals of department decisions. (Ord. 493, 6-9-2016)

   A.   Public Hearings: Notice of public hearings shall be provided as follows:

      1.   Notice Of Meetings: In addition to the public notice provisions set forth in this title, notice of regular and special meetings, including the posting of agendas, shall be given in accordance with section 74-204, Idaho Code.

      2.   Content: The content of notices for public hearings shall conform to the requirements of title 67, chapter 65, Idaho Code, and shall include the time and place of the hearing, a summary of the application or request, and a statement that written comments on an application must be submitted at least ten (10) days prior to the hearing, or at the hearing. Written comments are not accepted during the ten (10) days preceding a hearing. If a County hearing body has issued recommendations on the application, or made significant changes to a proposal, the notice shall also include a summary of those recommendations and/or changes.

      3.   Newspaper, Other Media, Political Subdivisions: At least twenty eight (28) days prior to a public hearing, the department shall cause a copy of the notice to be published in a newspaper of general circulation in Kootenai County, and shall ensure that the notice is made available to other newspapers, radio and television stations. At least twenty eight (28) days prior to the hearing, the department shall also cause the notice to be mailed to all political subdivisions providing services within Kootenai County, including school districts. The cost of all required public hearing notices shall be borne by the applicant or the person requesting the hearing, if other than the applicant.

      4.   Property Owners:

         a.   When notice of adjacent and nearby property owners is required by law, the department shall ensure that hearing notices are mailed, at the expense of the applicant or the person requesting the hearing, if other than the applicant, at least twenty eight (28) days prior to the hearing. The notice shall be mailed to property owners or purchasers of record of all parcels located within the applicable distance set forth in table 8-801 of this section from the exterior boundaries of the parcels under consideration, including any contiguous parcels under the same ownership.

         b.   For purposes of this subsection:

            (1)   The size of the parcels under consideration shall be determined according to the aggregate size of all lots or parcels that are the subject of the application. For example, if the parcels under consideration consist of three (3) parcels that are three (3) acres, one acre, and two (2) acres in size, the applicable notice distance would be five hundred feet (500') because the aggregate size of all of the parcels that are the subject of the application is six (6) acres.

            (2)   High intensity uses shall consist of the following: airports, airstrips, racetracks, asphalt, cement, concrete or gypsum batch plants, any use involving mining, blasting or crushing of rock or minerals, explosive manufacturing, storage of explosive products, transitional group housing facilities, or gun clubs (but not archery ranges).

         c.   The Director, hearing body, or Board may also require that notice be provided to other areas that may be affected by the proposed change. Additional procedures for notification of property owners may be established by the department.

      5.   Site Posting: Where on-site posting of a hearing notice is required by law, the notice shall be posted on the premises that is the subject of the application, at least twenty one (21) days prior to the hearing. If the site is inaccessible, the access driveway to the site shall be posted where it adjoins a public or private road.

      6.   Alternate Forms Of Notice In Lieu Of Mailing: When notice is required to two hundred (200) or more property owners or purchasers of record, notice may be provided through a display advertisement at least four inches (4") by two (2) columns in size, in the official newspaper of Kootenai County, published at least twenty eight (28) days prior to the hearing. Notices of the hearing must also be posted at the external boundaries of the site adjoining public or private roads. If the site is not located on a road, the access driveways to the site shall be posted where they adjoin public or private roads.

      TABLE 8-801

      NOTICE DISTANCES

 

 

   B.   Changes Or Additions To Applications: Once hearing notices have been mailed and/or published, the applicant may not modify the content of the application, or submit additional items, until the hearing. The applicant may, however, withdraw the application and resubmit it after the new or modified items are submitted. If withdrawn, the application shall not be rescheduled for a public hearing until the additional items have been received.

   C.   Agency And Public Comments: Written comments from agencies and the public must be received at least ten (10) days prior to the hearing, or must be submitted at the hearing. Written information shall not be accepted during the ten (10) days preceding a hearing. (Ord. 517, 1-25-2018; amd. Ord. 546, 10-17-2019)

All legislative hearings shall comply with the following requirements:

   A.   Notice of the hearing pursuant to section 8.8.402 of this article;

   B.   The hearing to be open to the public pursuant to the Open Meetings Law, title 74, chapter 2, Idaho Code;

   C.   A transcribable record shall be maintained in accordance with section 67-6536, Idaho Code;

   D.   The hearing body to accept a report from staff, including an evaluation of the request, proposed findings of fact, and, if applicable, recommended conditions or other considerations;

   E.   Every person wishing to testify to properly identify themselves for the record;

   F.   Every exhibit to be marked and entered into the record;

   G.   Decisions and recommendations to be provided in writing in accordance with title 67, chapter 65, Idaho Code; and

   H.   Decisions and recommendations to be based on the standards and criteria set forth in Federal and State laws and regulations, applicable County ordinances, and the Comprehensive Plan. (Ord. 493, 6-9-2016)

All quasi-judicial hearings shall comply with the following requirements:

   A.   Notice of the hearing pursuant to section 8.8.402 of this article;

   B.   A determination that the application is complete for purposes of hearing. The Director shall not schedule an application for hearing until he or she makes a determination that the application is reasonably sufficient to allow the hearing body to determine whether to approve or deny the application. No application shall be scheduled for hearing until:

      1.   The application satisfies all application requirements enumerated in the substantive County ordinance(s) governing the application;

      2.   The application includes all necessary agency comments. Agency comments are necessary if the agency's approval or disapproval of the proposed action may reasonably determine or otherwise significantly influence the approval or disapproval of the application; and

      3.   The application includes any other information or documentation the Director deems necessary for the hearing body's review of the application;

   C.   The application shall be entered into the official record once it is determined to be complete for purposes of hearing;

   D.   Exhibits, presentations or other documents intended to be relied upon during oral testimony at the hearing, including agency comments not previously received, must be submitted at least fourteen (14) days prior to the hearing, or may be submitted at the hearing;

   E.   Written public comments in response to the contents of the application file must be submitted at least seven (7) days prior to the hearing, or may be submitted at the hearing;

   F.   The hearing shall be open to the public pursuant to the Open Meetings Law, title 74, chapter 2, Idaho Code;

   G.   A transcribable record shall be maintained in accordance with section 67-6536, Idaho Code;

   H.   Every person wishing to testify shall properly identify themselves for the record;

   I.   Every exhibit shall be marked and entered into the record;

   J.   The hearing body shall declare any potential conflicts, or economic interests in the proposed action, in accordance with section 67-6506, Idaho Code. A member with a conflict may not deliberate on, nor participate in the proceeding or action;

   K.   The hearing body shall accept a report from staff, including an evaluation of the request, proposed findings of fact, and, if applicable, recommended conditions or other considerations;

   L.   The hearing body shall allow the applicant the opportunity to present the application;

   M.   The hearing body shall provide an opportunity for all interested parties to present oral testimony, including testimony from the applicant rebutting previously submitted testimony and evidence. The following order of presentation should be observed:

      1.   Testimony by those in favor of the application;

      2.   Testimony by those neutral with respect to the application;

      3.   Testimony by those opposed to the application;

      4.   Rebuttal testimony by the applicant. Rebuttal shall be limited to testimony which responds directly to issues raised in previous testimony;

   N.   The hearing body shall make a recommendation or decision to approve or deny the application, or to remand the application to the department, based only on the official record.

      1.   Once a hearing is closed, the hearing body shall not allow any additions or modifications to the official record.

      2.   Decisions and recommendations shall be provided in writing in accordance with title 67, chapter 65, Idaho Code, and shall be based on the standards and criteria set forth in Federal and State laws and regulations and applicable County ordinances.

      3.   If the hearing body determines that the official record is incomplete or that the application needs additions, amendments or modifications, the hearing body may remand, or recommend the remand of, the application to the department.

         a.   If the application is remanded, the applicant may resubmit the application with the necessary additions, amendments or modifications, or may withdraw the application and submit a new application.

         b.   If the applicant elects to resubmit a remanded application with the necessary additions, amendments or modifications, the Director must determine that the application is complete for purposes of hearing pursuant to subsection B of this section before a new hearing may be scheduled.

         c.   The hearing body may limit future hearings on a previously remanded application to particular issues of fact;

   O.   The applicant or any affected person may submit a request for a public hearing in writing before the Board at any time prior to the scheduled time for deliberations on an application. If the request is granted, the person requesting the public hearing shall be required to bear all costs of notice for that hearing unless the Board determines that the County should bear those costs;

   P.   A recommendation or decision shall be made within thirty five (35) days of the close of the public hearing, or in the case of the Board, within thirty five (35) days of the receipt of a hearing body recommendation, unless otherwise agreed to by the applicant. If the Board has held a public hearing on an application, the Board shall make a decision within thirty five (35) days of the close of the final public hearing unless otherwise agreed to by the applicant;

   Q.   In the event a hearing body fails to carry out its responsibilities according to these regulations, the Board shall assume the hearing body's duties. (Ord. 493, 6-9-2016)

In every legislative or quasi-judicial hearing to which this chapter applies, the hearing body may:

   A.   Require or allow persons wishing to testify to state their position in writing before the hearing;

   B.   Limit the time that each person wishing to testify may speak, provided that the following minimum time periods shall apply:

      1.   Applicant's presentation in chief: Thirty (30) minutes;

      2.   Public testimony: Five (5) minutes;

      3.   Group presentations, in which one person speaks for a group of ten (10) or more persons, including the speaker: Fifteen (15) minutes;

      4.   Applicant's rebuttal: Fifteen (15) minutes;

   C.   Take notice of its own knowledge and experience as to a particular issue;

   D.   Take notice of decisions of Federal and State courts and agencies, and of other local governmental entities;

   E.   Require that persons wishing to testify be sworn; or

   F.   Continue a hearing to allow time for submission and/or review of new information that has been requested by the hearing body. (Ord. 493, 6-9-2016)

The hearing body may discuss and vote on an application or issue at the same meeting at which testimony is taken, or at a later meeting. (Ord. 493, 6-9-2016)

Any "applicant" or "affected person", as defined in section 8.9.101 of this title, may appeal a department action by submitting, within twenty eight (28) days of the decision, a written request for a public hearing before a hearing examiner, an explanation of the grounds for the appeal, and applicable fees. The hearing and public notice shall be conducted according to the provisions of this article, and any other applicable provisions of this title. The appeal shall be initially heard by a hearing examiner, who shall make a recommendation to the board for a decision. The final decision on the appeal shall be made by the board. Decisions made by the board may be appealed to the district court as provided by law. (Ord. 493, 6-9-2016)

Any "applicant" or "affected person", as defined in section 8.9.101 of this title, may make a request for reconsideration of a final decision of the board by submitting, within fourteen (14) days of the decision, a written request for reconsideration which includes an explanation of the grounds for the request. Requests for reconsideration shall be limited to the grounds set forth in section 67-6535, Idaho Code. The hearing and public notice shall be conducted according to the provisions of this article, and any other applicable provisions of this title. The request shall be heard by the board, which will then make a decision on the request. Decisions made by the board on reconsideration may be appealed to the district court as provided by law. (Ord. 493, 6-9-2016)

An appeal or request for reconsideration shall be perfected by serving the department with a written notice of appeal or request for reconsideration specifically setting forth the grounds of appeal or reconsideration and the relief sought. The appropriate appeal fee must be paid before an appeal may be processed. (Ord. 493, 6-9-2016)

Upon receipt of the notice of appeal or request for reconsideration, the department shall inform the appropriate hearing body of the appeal and set a date for a hearing on the matter. The department shall provide written notice of the time and place of the hearing to the hearing body, to the appellant, to the property owner if the owner is not the appellant, and to any persons who have lodged verbal or written complaints in the matter who have indicated that they wished to receive such notice, at least twenty eight (28) days prior to the hearing. The appellant shall be responsible for payment of all costs associated with such notice. In addition, notices of regular and special meetings, including the posting of agendas, shall be given in accordance with section 74-204, Idaho Code. (Ord. 493, 6-9-2016)

Appeals shall be based upon the grounds set forth in the written notice of appeal or request for reconsideration and shall be heard and acted upon by the hearing body in a de novo proceeding. The burden of proof shall fall upon the appellant to establish, by a preponderance of the evidence, that the department or board action was erroneous. (Ord. 493, 6-9-2016)

The following rules shall govern the conduct of all hearings of appeals of an administrative decision, appeals of the issuance of a notice of violation, and requests for reconsideration:

   A.   Hearings shall be open to the public according to the provisions of the Idaho open meetings law, title 74, chapter 2, Idaho Code, but shall not be considered "public hearings" under the local land use planning act, title 67, chapter 65, Idaho Code, and article 8.4 of this chapter.

   B.   The hearing shall be informal and strict rules of evidence shall not apply. The appellant and the department may be represented by counsel and present testimony and evidence at the hearing. The hearing examiner or the chairman of the board shall regulate the course of the proceedings to assure that there is a full disclosure of all relevant facts and issues.

   C.   Testimony and submission of evidence shall be limited to the appellant, representatives of the department, and other affected persons. As a general rule, the following order of presentation should be observed:

      1.   Introduction of appeal or request by staff;

      2.   Appellant's case in chief;

      3.   Testimony and/or evidence in support of the appellant;

      4.   County's case in chief;

      5.   Testimony and/or evidence in support of the county; and

      6.   Appellant's rebuttal.

   D.   A transcribable record of the hearing in its entirety shall be made by mechanical, electronic or other means. Any party may cause additional recordings to be made during the hearing if the making of the additional recording does not cause distraction or disruption. Any party may request preparation of a transcript of the hearing. Any transcript prepared at the request of the board or the hearing examiner shall be at county expense. Any transcript prepared at the request of any other party shall be at that party's expense. Expenses for any transcript prepared for purposes of judicial review shall be paid in accordance with rule 84 of the Idaho rules of civil procedure.

   E.   At the close of the hearing, the hearing body may take action on the appeal or request for reconsideration, or may take it under advisement for a period not to exceed fourteen (14) days. If it is taken under advisement by a hearing examiner, the hearing examiner shall issue a written recommendation to the board within fourteen (14) days after the conclusion of the hearing. If it is taken under advisement by the board, the board shall issue a written decision within fourteen (14) days after the conclusion of the hearing. (Ord. 493, 6-9-2016)

   A.   The hearing examiner may recommend that the department action be affirmed, reversed or modified based on substantial and competent evidence presented at the hearing.

   B.   After receiving a recommendation from the hearing examiner, the final decision on the appeal shall be made by the board. The board may summarily issue a final decision approving the recommendation from the hearing examiner after conducting deliberations on the matter, or may conduct an additional de novo appeal hearing prior to making a final decision.

   C.   If an additional hearing is held before the board, the board may affirm, reverse or modify the department action based on substantial and competent evidence presented at the hearings held before the hearing examiner and the board. In the event the board finds that the department action was erroneous, it may reverse or modify the department action, or it may remand the matter to the director or hearing examiner for further proceedings, as may be appropriate.

   D.   The recommendation to the board by the hearing examiner, and the decision of the board on appeal, shall be in writing, shall include a concise and explicit statement of the underlying facts of record, and shall include a reasoned statement in support of the decision. All parties to the appeal shall be provided with a copy of the recommendation and/or decision.

   E.   The decision of the board on appeal shall be binding upon the department. If the department action is reversed, the director shall comply with the decision of the board upon expiration of the time for filing of a petition for judicial review with the district court, or such longer period as the board may permit.

   F.   If the board remands the matter to the director or hearing examiner for further proceedings, the decision of the board shall specify the actions to be taken by the director or hearing examiner on remand. (Ord. 493, 6-9-2016)

   A.   All decisions on requests for reconsideration shall be made by the board. The board may affirm, reverse or modify its prior decision based on substantial and competent evidence presented at the hearing held before the board. The board may also remand the matter to the director or hearing examiner for further proceedings as may be appropriate.

   B.   The decision of the board on reconsideration shall be in writing, shall include a concise and explicit statement of the underlying facts of record, and shall include a reasoned statement in support of the decision. All parties to the request shall be provided with a copy of the decision on reconsideration.

   C.   If the board remands the matter, the decision of the board on reconsideration shall specify the actions to be taken by the director or hearing examiner on remand. (Ord. 493, 6-9-2016)

   A.   It shall be the duty of the director to enforce the provisions of this title. The department shall not issue permits unless existing and intended structures, the parcel of land, and uses of the buildings and land, conform in all respects with the provisions of this title and other applicable provisions of this code, with the following exceptions:

      1.   When the purpose of the permit is to correct a violation of this title or other county ordinances.

      2.   To allow for the repair or replacement of structures damaged as a result of a natural disaster pursuant to resolution of the board, but only to the extent necessary to remedy damage actually or proximately caused by the natural disaster. This shall not constitute a waiver or estoppel of the county's ability to enforce any violations of this title, or of any other provision of this code, existing on any parcel.

   B.   Whenever any construction or site work is not in compliance with this title, specific conditions of approval, or other related laws, ordinances or requirements, the director may issue a notice of violation and order any work stopped by written notice. Such notice of violation or stop work order shall be served on any persons engaged in doing or causing such work to be done, and persons shall forthwith stop such work until authorized by the director to proceed.

   C.   A copy of the notice of violation or stop work order, if applicable, shall be mailed to the property owner of record and any other known holder of any legal interest in the property as follows:

Any person may file a written complaint alleging that a violation of this title has occurred. Such complaint, stating fully the causes and basis thereof, shall be filed with the director. The director shall immediately investigate the allegations made in the complaint, and, if it appears that there is reasonable cause to find that the alleged violation did occur, shall take action thereon as provided in this article. (Ord. 493, 6-9-2016)

   A.   Nuisances: Nothing in this chapter shall be deemed to restrict the power and duty of the county to abate public or moral nuisances, as defined in title 52, chapter 1, Idaho Code. If the director determines that a structure or use constitutes a public or moral nuisance, as defined in title 52, chapter 1, Idaho Code, the director may require the property owner to abate the nuisance, and may require that such structure shall not thereafter be used, restored, repaired or rebuilt, or that such use shall not thereafter continue, except in conformity with this title. The director shall give notice in writing to the owner, owner's agent, or other person in control of the property. Upon receipt of such notice, the owner, owner's agent, or other person in control of the property shall abate the nuisance within the time period specified in the notice or such other time period to which the director may agree. Failure to complete the required abatement by the specified date shall constitute a violation governed by the provisions of this article, and in such cases, the county may contract to complete the work necessary to abate the nuisance at the owner's expense.

   B.   Hazards: Whenever the director determines that there exists a condition or situation on private property that is not defined as a public or moral nuisance under title 52, chapter 1, Idaho Code, but which has become a hazard to life and limb, or endangers other property, or adversely affects the safety, use, or stability of public or private property, or adversely affects any public or private access or drainageway, the director may require the property owner to abate the hazard. The director shall give notice in writing to the owner, owner's agent, or other person in control of the property. Upon receipt of such notice, the owner, owner's agent, or other person in control of the property shall abate the hazard within the time period specified in the notice or such other time period to which the director may agree. Failure to complete the required abatement by the specified date shall constitute a violation governed by the provisions of this article, and in such cases, the county may contract to complete the work necessary to abate the hazard at the owner's expense. (Ord. 493, 6-9-2016)

The Director may enter into compliance agreements on a case by case basis, subject to the following provisions or conditions:

   A.   The Director finds that the violations that are the subject of the compliance agreement do not pose an imminent threat to people or property.

   B.   The party responsible for compliance agrees to remedy the violation(s) in an expeditious manner by a certain date.

   C.   The Director may require the responsible party to:

      1.   Agree to hold the Director and Kootenai County harmless and to defend against any claims arising through operation of the compliance agreement; and/or

      2.   Provide evidence of general liability coverage for personal injury and property damage for the premises subject to the compliance agreement, with Kootenai County named as an additional insured.

   D.   The responsible party shall pay any costs and/or attorney fees incurred to enforce a compliance agreement. (Ord. 546, 10-17-2019)

   A.   The Director may find a person to be a vexatious complainant based on a finding that a person has done any of the following:

      1.   In the immediately preceding three (3) year period, the person has made at least three (3) complaints regarding alleged violations of this title that have been determined to be unfounded.

      2.   After a complaint has been finally determined to be unfounded, the person has repeatedly complained or attempted to complain about either:

         a.   The validity of the determination that the original complaint was unfounded; or

         b.   The original complaint or the reasons therefor, or any related issues of fact or law, which had been previously determined to be unfounded.

      3.   The person has repeatedly submitted unmeritorious complaints or other papers or engages in tactics that are frivolous or solely intended to cause unnecessary delay.

   B.   The Director may issue an order stating that County code enforcement staff will not investigate or take action on any complaint submitted by a vexatious complainant without first obtaining authorization for such investigation or action from the Board. A copy of such order shall be mailed to both the complainant and to the record owner of any property that is or has been the subject of complaints submitted by the complainant. Any such order may be appealed to the Board in accordance with article 8.5 of this chapter.

   C.   The provisions of this section shall not preclude any other legal remedy available to the Board, the Director, or the Prosecuting Attorney. (Ord. 546, 10-17-2019)

Within Kootenai County there exist parcels of land, structures and uses which were lawful prior to adoption of this title or under previously adopted ordinances, but which no longer conform to the regulations for the zoning district in which they are located. It is the intent of this title to permit these nonconformities to continue until they are substantially destroyed, removed or brought into conformance with this title, providing the nonconformity is not enlarged or expanded. Nonconformities shall be regulated according to the provisions of this chapter. (Ord. 493, 6-9-2016)

   A.   Nonconforming structures shall not be expanded or enlarged in a way that increases the nonconformity. For example, a home that does not meet the rear setback requirement to the property line may not construct a deck or addition to any portion of the house that further encroaches into that setback. An addition may, however, be constructed to the front of the house.

   B.   A nonconforming structure that is completely demolished, removed, or relocated from the parcel on which it was previously located may be replaced within twelve (12) months of its demolition, removal, or relocation, provided that no portion of any replacement structure shall increase the previously existing nonconformity. Otherwise, any subsequently built structures shall conform to the provision of this title.

   C.   Ordinary repairs and additions may be performed on a nonconforming structure, including, but not limited to, repair or replacement of the roof, walls, fixtures, wiring, or plumbing, provided that such work does not increase the nonconformity. (Ord. 493, 6-9-2016)

   A.   The nonconforming use of a structure, land, or structure and land in combination, shall not be enlarged or expanded beyond that which lawfully existed on the effective date of this title or previously adopted applicable ordinances. The criteria to be used to determine the fundamental and primary use of the property, and whether such use has been enlarged or expanded, may include, without limitation, hours of operation, square footage of structures or area used, traffic generated, volume of goods handled, number of dwelling units, and the International Building Code classification of uses. Mere intensification of an existing nonconforming use shall not constitute an unlawful enlargement or expansion of the use. A nonconforming use shall not be used as justification for expanding or adding nonconforming uses other than the fundamental and primary use of the property then existing.

   B.   Upon written request to, and approval by, the Director, a nonconforming use may be changed to another nonconforming use, providing the new use would result in the same or greater conformity to this title, and providing the previous use is permanently abandoned. For example, a nonconforming business that produces noise and emissions could be replaced by another nonconforming business that is quieter and does not produce emissions. If a nonconforming use is replaced with a permitted use, nonconforming uses shall not thereafter be allowed.

   C.   When any nonconforming use is discontinued for a period of twelve (12) consecutive months, any subsequent use shall conform to this title. Nonconforming uses that are discontinued are also governed by the requirements of section 67-6538, Idaho Code.

   D.   Ordinary repairs and additions may be performed on a structure housing a nonconforming use, including, without limitation, repair or replacement of the roof, walls, fixtures, wiring or plumbing, provided that such work does not enlarge or expand the nonconformity.

   E.   A structure housing a nonconforming use that is completely removed may not be replaced unless the use and structure are in conformance with this title. (Ord. 514, 9-28-2017)

   A.   A parcel of land shall not be modified in any manner that results in it becoming a nonconforming parcel, or that expands or enlarges an existing nonconformity, unless the modification resulted from the exercise of eminent domain.

   B.   Upon written request to, and approval by the Director, a nonconforming parcel may be changed, providing the modification results in the same or greater conformity with this title. Nonconforming parcels must progress toward conformity. For example, the lot line of a lot that does not meet the minimum size could be adjusted to increase the size of the lot, but it could not be adjusted in a manner that would make the lot smaller. (Ord. 493, 6-9-2016)