(a)

Zoning administrator. The zoning administrator shall have the principal responsibility of administering this chapter. The zoning administrator may delegate such administrative duties to planning and development department staff. The zoning administrator shall do, or cause to be done, the following:

(1)

Inspections. Conduct inspections of use of land to determine compliance with the terms of this chapter.

(2)

Recordkeeping. Maintain permanent and current records of this chapter, including, but not limited to, all conditional uses, special exceptions, variances, appeals, and applications therefor.

(3)

Public information. Provide and maintain a public information service relative to all matters arising under this chapter.

(4)

Applications. Accept and review applications for development required under this chapter.

(5)

MLS and LESA. Conduct analysis to determine if applications for development meet minimum levels of service requirements and land evaluation and site assessment requirements.

(6)

Recommendations. Make reports and recommendations to the planning and zoning commission, the board of adjustment, and the board of supervisors on applications and actions reviewed by each body.

(7)

Planning and zoning commission. Forward to the planning and zoning commission copies of all applications for conditional uses, plats, amendments to this chapter, and other matters on which the planning and zoning commission is required to review; and keep all records of the planning and zoning commission.

(8)

Board of adjustment. Forward to the board of adjustment applications for appeals, special exceptions, variances, conditional uses, and other matters on which the board of adjustment is required to pass under this chapter; and keep all records of the board of adjustment.

(9)

Board of supervisors. Forward recommendations from the planning and zoning commission and the board of adjustment to the board of supervisors on matters on which the board of supervisors is required to pass under this chapter; and keep all records of such actions.

(10)

Other actions. Such other reasonable and appropriate actions necessary to effectively administer and enforce this chapter when not prohibited nor assigned to other agents by the terms of this chapter.

(11)

Fees. Charge and receive such reasonable fees, as set by the board of supervisors from time to time, to help defray administrative costs related to reviewing applications, rezoning, conditional uses, appeals, special exceptions, variances, and other staff functions required under this chapter.

(b)

Appeals of decisions. Any person affected by a decision of the zoning administrator in the enforcement of this chapter may appeal said decision to the board of adjustment. Such appeal shall be taken within a period of not more than 30 days from the date of the decision, and in the manner prescribed by the board of adjustment, by filing with the administrator a notice of appeal specifying the grounds thereof, and by paying a filing fee as established.

(Code 2006, ch. 41, art. 2, § 1; Ord. No. 7-6-2006, 7-1-2006; Ord. No. 13-8-2015, 8-17-2015)

The county uses a technical review committee to review applications for land use and development permits. The technical review committee includes the county planning and development department staff, representatives from other county departments, and representatives from other regulatory authorities and agencies. The technical review committee reviews applications and makes recommendations to ensure the goals of the comprehensive plan are met, the provisions of this chapter and other applicable county ordinances are met, and to coordinate with non-county regulatory authorities and thus ensure efficiency in the development process. If an applicant disagrees with one or more technical review committee recommendations, the applicant may request a review of the recommended conditions. The review shall be made by the board, agency or commission responsible for the technical review committee member making the disputed recommendation. Any review of a technical review committee recommendation shall be completed prior to a final decision on the application.

(Code 2006, ch. 41, art. 2, § 2; Ord. No. 1-3-2011, 6-1-2011)

(a)

Appointment. The board of supervisors shall appoint a planning and zoning commission, a majority of whose members shall reside within the county, but outside the corporate limits of any city.

(b)

Power and duties. The powers and duties of the planning and zoning commission shall include:

(1)

Plan amendments. To review proposed amendments to the comprehensive plan and rural land use map, and forward its recommendations to the board of supervisors.

(2)

Rezoning. To recommend the boundaries of the various zoning classification districts and appropriate regulations and restrictions to be enforced therein.

a.

Preliminary reports. To prepare preliminary reports and hold public hearings thereon, before submitting a final report to the board of supervisors. The board of supervisors shall not hold its public hearing or take action until it has received the final report of the planning and zoning commission.

(3)

Conditional use permits. To review conditional use permit applications and make recommendations on such applications to the board of adjustment.

(4)

Text amendments. To recommend to the board of supervisors amendments, supplements, changes, or modifications to this chapter.

(5)

Other duties. To perform all other duties assigned to the planning and zoning commission in this chapter.

(Code 2006, ch. 41, art. 2, § 3)

State Law reference— Zoning commission, I.C.A. § 335.8.

(a)

Appointments and terms. The board of adjustment shall consist of five members appointed by the board of supervisors. Terms shall be for five years and vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of supervisors shall have power to remove any member of the board of adjustment for cause upon written charges and after public hearing.

(b)

Duties of board of adjustment. The duties of the board of adjustment shall be:

(1)

To review and decide upon applications for conditional uses;

(2)

To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by the zoning administrator in the enforcement of this chapter;

(3)

To hear requests for variances to the provisions of this chapter where a literal enforcement of the provisions of this chapter will result in an unnecessary hardship;

(4)

To hear and decide upon applications for special exceptions where a literal enforcement of the provisions of this chapter will result in practical difficulties; and

(5)

Any other action specifically requested by the board of supervisors.

(c)

Meetings and rules. The board of adjustment shall organize and adopt rules in accordance with provisions of this chapter and the I.C.A. ch. 335; such rules shall include at a minimum the following:

(1)

Meeting time and place. All meetings of the board of adjustment shall be held at the call of the chairperson and at such time and place within the county as the board of adjustment may determine.

(2)

Quorum. The presence of three members shall be necessary to constitute a quorum.

(3)

Oaths and witnesses. The chairperson or, in his absence, the acting chairperson may administer oaths and compel the attendance of witnesses.

(4)

Public meetings. All meetings of the board of adjustment shall be open to the public.

(5)

Minutes. The board of adjustment shall keep minutes of its proceedings showing the results of any votes, and shall keep complete records of its hearings and other official actions.

(6)

Filing of decisions. Every order, requirement or decision of the board of adjustment shall immediately be filed in the office of the zoning administrator and shall be a public record.

(d)

Hearing of appeals.

(1)

Scope of authority. The board of adjustment shall have the powers and duties as listed in subsection (c) of this section.

(2)

Applications. An application in cases in which the board of adjustment has jurisdiction under the provisions of this chapter may be made by any person aggrieved, by any property owner, or by a governmental officer, department, board or bureau. Such application shall be filed with the zoning administrator who shall transmit it to the board of adjustment along with all the papers constituting the record upon which the action appealed from was taken.

(3)

Hearing of appeal. The board of adjustment shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by one publication of a notice in a publication of general circulation within the county, said publication to be made not less than four days nor more than 20 days before the date of hearing. At the hearing, any party may appear in person or by representative.

(4)

Decision. The board of adjustment shall reach its decision within 45 days of the date of the public hearing unless such time is extended by mutual consent of the petitioner and the board of adjustment. The board of adjustment may, in conformity with the provisions of this chapter, affirm or reverse, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and, to that end, shall have all the powers of the officer from whom the appeal is taken.

(5)

Necessary votes. The concurring vote of three members of the board of adjustment shall be necessary to reverse any requirement, decision, order, or determination of the zoning administrator or to decide in favor of the applicant in regard to any matter upon which the board is authorized by this chapter to render a decision.

(6)

Records. The zoning administrator shall maintain records of all actions of the board of adjustment relative to appeals.

(e)

Authority limited. It is not the intention to grant to the board of adjustment the power or authority to alter or change the zoning ordinance or the district maps. Such power and authority rest solely with the board of supervisors.

(Code 2006, ch. 41, art. 2, § 4; Ord. No. 5-7-2014, 7-21-2014)

State Law reference— Board of adjustment, I.C.A. § 335.10 et seq.

(a)

Reconsideration and revocation by board of supervisors. An application for a development permit allowed under this chapter may be reconsidered and revoked by the board of supervisors despite any other provision of this chapter if it is determined that the application, decision, or permit was based on materially inaccurate or incomplete information and that correct and complete information was known or was reasonably obtainable by the applicant.

(b)

Rehearing request by applicant. An applicant for a development approval may request a rehearing by the board of supervisors by filing a request for rehearing with the zoning administrator within 20 days of the final board of supervisor's decision on the application. The applicant may request a rehearing for the following reasons:

(1)

New evidence. To present new evidence that was not reasonably available at the time of the original hearing;

(2)

Correction or clarification. To correct or clarify information or facts upon which the board of supervisors based its decision.

(c)

Procedure. The following procedure shall be followed for a reconsideration or rehearing:

(1)

Staff report and recommendation. Upon receiving a request for reconsideration or an application for rehearing, the zoning administrator shall direct appropriate county staff to prepare a report and recommendation within 30 days after receipt of the request or application.

(2)

Schedule and notice of public hearing. Upon receipt of the staff report and recommendation, the board of supervisors shall specify a date for, and public notice of, a public hearing, which shall be scheduled within 45 days of receipt of the request for reconsideration or application for rehearing.

(3)

Evidence. At the public hearing, the board of supervisors may review all related documents, including the original application, the conditions and requirements imposed by the county pursuant to this chapter, the application for rehearing, the county attorney's report on vested rights, the staff report and any other relevant information, documents or testimony. The board of supervisors shall afford a rehearing applicant the opportunity to be heard and to submit additional documentary evidence, and may hear from county staff and other parties as determined by the board of supervisors to be necessary for making a proper determination.

(4)

Decision. At the conclusion of the public hearing, the board of supervisors may:

a.

For reconsideration and revocation.

1.

Permit the application to proceed or proceed with conditions; or

2.

Revoke the application with reasons for revocation stated.

b.

For a rehearing application.

1.

Refer the revised application back to the planning and zoning commission for review and recommendation;

2.

Determine that the application standards for granting a rehearing are met; or

3.

Determine that the application standards for granting a rehearing have not been met.

(Code 2006, ch. 41, art. 2, § 5)

(a)

Fees established. The board of supervisors shall, from time to time, establish by resolution fees for the review of plats, plans, or studies; applications for rezoning, special exceptions, variances, or conditional use permits; registration or permitting of certain land uses or activities including communication towers; or applications for other permits as may be required by this chapter. Said fees shall include publication costs.

(b)

Fees are part of filing requirement. No application shall be considered filed with the county, or no review shall be conducted, unless and until the applicant has first or contemporaneously paid the applicable processing fee. All processing fees paid shall be non-refundable. Applications shall be accompanied by payment for the amount due, as set by the board of supervisors.

(c)

Non-refundable. Under no conditions shall said sum or any part thereof of the fee be refunded for denial of application or failure of zoning amendment to be enacted into law.

(d)

Exempt. Actions initiated by the planning and zoning commission, board of supervisors, or the planning and development department are exempt of fee requirements.

(Code 2006, ch. 41, art. 2, § 6; Ord. No. 13-8-2015, 8-17-2015)

(a)

The zoning administrator may grant an administrative exception to any required commercial buffer, front, rear, corner side, or side yard setback, lot frontage, accessory structure size, building height, sign square footage and height, or projection limitation, or other bulk provisions of this chapter provided:

(1)

The zoning administrator determines the requested exception is not a prohibited request as pursuant to section 107-74.

(2)

The requested exception satisfies one or more of the following limitations:

a.

The exception does not exceed 10 percent of the particular limitation in question.

b.

The exception is for no more than 5 feet of a front, rear, or corner side setback requirement.

c.

The exception is for no more than 20 percent of a side yard setback requirement.

d.

The exception is from a setback requirement and allows an addition to an existing legal nonconforming structure to extend no closer to the property line than an adjoining portion of the existing structure.

(b)

Process for review of administrative exception applications.

(1)

Review for completeness. The zoning administrator shall review the application and shall determine if the application is complete pursuant to this chapter. If the zoning administrator determines the application is not complete, then the applicant shall be instructed as to the reasons for the incompleteness of the application and informed of the most expedient remedy.

(2)

Site review. Planning and development staff may conduct an on-site review of the property with the proposed administrative exception. The applicant shall cooperate in making the property accessible to staff. Staff may take photographs of the property.

(3)

Notification requirements.

a.

Prior to granting any administrative exception, notice of the request shall be mailed to property owners contiguous to the subject property where the exception is requested at the address on file in the county assessor's office. Said notice shall inform owners of the intent to grant the exception if no protest is filed within ten business days after the date the notice was mailed. The notice shall include the manner in which protests may be filed.

(4)

Action by planning and development staff.

a.

Approval. The administrative exception may be immediately granted if an owner of each contiguous property has filed consent to the exception with the planning and development department and no written protest has been received. Otherwise, the zoning administrator shall grant the exception if no protest is filed within ten business days after the date the notice was mailed.

b.

Denial. The administrative exception shall be denied if prior to its issuance any written protest resisting the granting of the administrative waiver is filed with the county by any owner of contiguous property. A denial of an administrative exception shall not prevent the applicant from seeking approval of the exception from the board of adjustment pursuant to section 107-74.

(Ord. No. 7-11-2024, § 1, 11-20-2024)