The purpose of this section is to establish a process for consideration of land uses that may only be allowed in a zone under special conditions. Conditional uses, by definition, possess characteristics or impacts that require additional review and consideration to determine:

(1)

Whether or not the use would cause any public health, safety or welfare concerns.

(2)

If the proposed use conflicts with allowed uses in the subject zone.

(Ord. No. 72rr, § 8.1, 1-9-2017)

(a)

Uses designated in this chapter as conditional uses may be permitted upon authorization by the planning and zoning commission in accordance with the standards and procedures established in this section. The planning and zoning commission may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which it considers necessary to protect the best interests of the surrounding property or the county as a whole. The reasons for such shall be included in the findings of fact, conclusions of law and decision. Those conditions may include, but are not limited to:

(1)

More restrictive standards than generally required, such as increased lot or yard size, with limitations, or increased parking space requirements.

(2)

Minimizing adverse impacts, such as limiting the number, size, and location of signs, and requiring screening, diking, fencing, or landscaping.

(3)

Controlling the timing, sequence, and duration of development.

(4)

Designating the exact location and nature of development, and assuring that it is maintained properly.

(5)

Requiring the provision of on-site or off-site public facilities.

(6)

Setting an expiration date for any conditional use permit or issuing a temporary conditional use permit so that the period of approval for a particular use is limited.

(b)

Any use, which is granted and permitted as a conditional use under the terms of this chapter, shall be deemed to be a conforming use in said zone.

(c)

Any conditional use existing prior to January 24, 2000, shall be considered a nonconforming use, except that any use which existed prior to September 5, 1990, and which could be allowed by a conditional use upon the existing lot, shall be deemed as a conforming use if complying with current standards of this chapter.

(Ord. No. 72rr, § 8.2, 1-9-2017)

(a)

A property owner, or his agent, may initiate a request for a conditional use, or for the modification of an existing conditional use, by filing an application with the zoning official on forms prescribed by the planning and building services department. The application shall be submitted at least 28 calendar days prior to the hearing at which it will be considered. The application for a conditional use shall be accompanied by a site plan drawn neatly and accurately and to an appropriate scale showing at least the following items:

(1)

Setbacks.

(2)

All building locations and overhangs.

(3)

Driveways and parking spaces.

(4)

Landscaping, if required.

(b)

The plan, as approved or modified by the planning and zoning commission, shall be made a part of the applicant's file, and all construction and development shall comply with said plan.

(Ord. No. 72rr, § 8.3, 1-9-2017)

Expansion, enlargement, alteration or increased intensity of an approved conditional use shall be reviewed by the planning and building services department upon written request by the permit holder. If the department determines that the expansion, enlargement, alteration or increased intensity is beyond the scope of action allowed by the original permit, the department shall require the permit holder to apply for the review and approval of the planning and zoning commission under the provisions of this chapter.

(Ord. No. 72rr, § 8.4, 1-9-2017)

Before the planning and zoning commission shall act upon a request for a conditional use, it shall hold a public hearing pursuant to chapter 110.48.

(Ord. No. 72rr, § 8.5, 1-9-2017)

A conditional use shall comply with all the standards of this chapter, except as the planning and zoning commission may modify these standards in authorizing the conditional use, or as otherwise provided as follows:

(1)

Yards. In a residential zone a required yard shall be at least two-thirds the height of the principal structure. In any zone, additional yard requirements may be imposed.

(2)

Churches, synagogues, temples, and other religious facilities. The planning and zoning commission may authorize a church, etc., as a conditional use, if in its judgment, the size of the site is adequate for the intended use, access to the site is adequate, and the surrounding property will not otherwise be adversely affected. A church may exceed the height limitations of the zone in which it is located to a maximum of 50 feet, if the total floor area of the building does not exceed 1½ times the area of the site, and if the yard dimensions in each case are equal to at least two-thirds of the height of the principal structure. In addition to the signs permitted in the zone in which it is located, a church may have a bulletin board not exceeding 20 square feet in area and set back ten feet from the road.

(3)

Utility. In considering an application for a utility use, the planning and zoning commission shall determine that the site, easement, or right-of-way is located so as to best serve the immediate area, and in the case of a right-of-way, easement will not result in the uneconomic parceling of land. As far as possible, transmission towers, poles, overhead wires, pumping stations, and similar gear shall be located, designated, and installed as to minimize their effect on scenic values and interference in radio and television receivers in the vicinity.

(4)

Wrecking yard. A wrecking yard shall be enclosed by a sight-obscuring fence not less than eight feet high from the grade of the land.

(5)

Mini-storage complexes. The following standards shall govern all conditional use permits for mini-storage complexes:

a.

Each mini-storage complex shall be screened by a sight-obscuring fence of a minimum height of six feet from the grade or landscaping along any lot line abutting a residential zone.

b.

A dustless surface shall be required on all areas designated for vehicular movement, on- or off-loading, or parking.

c.

A minimum of five percent of the gross vehicular area, including a minimum three-foot buffer strip abutting a public right-of-way, except for required clear vision area, shall be landscaped with approved living plant materials which shall include, but not be limited to, trees and shrubs. Trees shall be at least six feet high at the time of planting. Living plant materials shall be spaced on three-foot to five-foot centers, depending on maximum growth at maturity. Shrubs shall be a minimum of 30 inches in height at maturity.

d.

Adequate on-site area for on- and off-loading of vehicles shall be provided so that such operations do not take place on, or interfere with, public right-of-way.

e.

If exterior security lighting is provided, it shall be screened to prevent spillover into any adjacent residential areas.

(6)

Manufactured home parks. Manufactured home parks in existence prior to January 24, 2000, shall be subject to the applicable nonconformity regulations section of this chapter. The following standards shall govern all conditional use permits for manufactured home parks:

a.

Design standards. An application for a manufactured home park shall be in writing, signed by the applicant, and shall contain the following in sufficient detail to determine compliance with the design standards and requirements of this chapter, and all other applicable regulations:

1.

The name and address of the applicant, and the name and address of the owner, if not the applicant.

2.

The interest of the applicant in, and the location and legal description of, the proposed manufactured housing development.

3.

The zoning designation.

4.

A complete plan of the development showing the following:

(i)

The area and dimensions of the development site and its relationship to surrounding properties.

(ii)

The number, location, and size of all proposed building sites, service buildings, or other structures, and proposed improvements.

(iii)

The location of manufactured homes within each building site.

(iv)

The pattern of roads and driveways, including widths of parking facilities and walkways.

(v)

The type and location of existing and proposed sewer and water facilities.

(vi)

The location of existing and proposed service buildings or other structures.

(vii)

The location of recreation or open space areas to be set aside for use in common.

(viii)

General landscape treatment.

(ix)

Plans for all buildings and other improvements existing or proposed.

(x)

Type of drainage system proposed to handle surface waters, underground waters, and runoff waters.

(xi)

Type and location of fire protection systems to be used.

(xii)

Contour lines at 20-foot intervals.

(xiii)

Scale and north point of the plan.

(xiv)

Enlarged plot plan of a typical space showing location of manufactured home, storage space, parking, utility connecting, and other necessary improvements.

b.

Site standards.

1.

A manufactured home park shall meet the minimum lot size required by this chapter, but in no case shall be less than two acres, and shall contain no less than two sites.

2.

No manufactured home park shall exceed a density of 12 units per acre.

3.

No structure or accessory structure shall exceed a maximum height of 30 feet.

4.

Spaces within a manufactured home park shall contain a minimum of 3,000 square feet with maximum lot coverage of 75 percent.

5.

Every manufactured home park shall abut on a driveway or other clear area with unobstructed access to a county road.

6.

No units within a manufactured home park shall be closer than ten feet to another unit.

7.

Attached structures shall be considered part of the manufactured home for setback purposes.

8.

All units shall be installed in accordance with the manufacturer's instructions, or in accordance with Idaho Code, title 39, chapter 40 (Idaho Code, § 39-4001 et seq.).

9.

All manufactured homes located on property abutting a county road shall have a minimum setback of 45 feet from the centerline of said road or in the case of a state highway, shall have a 20-foot setback from the property line.

10.

Two parking spaces shall be provided at each manufactured home space and within a ten-foot access to any interior road.

11.

A minimum of one parking space per three manufactured home spaces shall be provided for parking recreational vehicles, boats, trailers, and related items.

12.

Recreational vehicles shall not be kept on individual lots in manufactured home parks, however, one recreation vehicle, boat, or trailer may be parked in a parking space designated as off-road parking for the manufactured home provided it does not eliminate parking for motor vehicles (i.e., if the resident owns one vehicle, a recreation vehicle, boat, or trailer may occupy the second required parking space).

13.

A six-foot-high sight-obscuring fence with a lockable gate shall be erected around the perimeter of said storage area.

14.

Internal streets. All internal streets shall provide a dustless surface, however, for a manufactured home park with more than ten lots, the surface shall be based, graded, and paved with asphalt, concrete, or approved tar and rock. All streets shall have a minimum width of 20 feet and shall be approved by the county road and bridge department.

15.

Street surfaces shall be free of cracks, holes, and other hazards.

16.

Dead-end streets shall be no more than 500 feet in length and shall terminate with an adequate turn-around radius of not less than 40 feet.

17.

Access to a county road shall meet the requirements of the county road department.

18.

Open areas. A common landscaped area shall be provided in each development consisting of five percent of gross land area, but in no case shall be less than 5,000 square feet. The area shall be exclusive of all building space, street, and buffer areas. Landscaping shall be required in all open areas of the manufactured home park not otherwise used for park purposes. All required landscaping shall be maintained by the developer on a continuing annual basis.

19.

Buffering, screening, and windbreaks (surrounding the park), as required by the planning and zoning commission, shall be a sight-obscuring fence, wall, evergreen, or other suitable planting of at least four feet high. Fences or windbreaks exceeding 40 inches high shall be no closer than three feet to any home or accessory structure. Screening shall not be located so as to create a traffic hazard.

20.

All manufactured home parks shall be furnished with lighting units, so spaced and equipped with luminaries placed as to provide for the safe movement of pedestrians and vehicles at night.

21.

Each lot in a manufactured housing development shall be conspicuously marked with the proper lot number that will provide identification.

22.

Sanitary sewage disposal shall meet the requirements of the north central district health department (NCDHD). Construction plans and specifications for all systems shall be approved by the NCDHD prior to approval by the planning and zoning commission.

23.

Domestic water shall meet the requirements of the NCDHD and construction plans and specifications shall be approved by the NCDHD prior to approval by the planning and zoning commission.

24.

Manufactured homes shall have a compatible pre-finished skirting of moisture resistant, noncombustible material of fire retardant wood, which shall extend from the grade of the ground to the base of the manufactured home. Skirting shall remain in good repair at all times, and shall extend around the entire perimeter without gaps or holes, other than that required for ventilation, which shall be screened.

25.

The developer shall provide for a solid waste collection site.

26.

The tongue of a manufactured home shall not be closer than 13 feet from the centerline of any internal street.

c.

Location of combustible materials. Liquefied petroleum (LP) gas tanks shall not be located closer to any manufactured home unit than five feet for tanks of less than 100 gallons, nor ten feet for tanks of 100 gallons or more. If sufficient space is not available to comply with this provision and another source of fuel is available, said tanks shall be removed within 90 calendar days after January 24, 2000, provided that each manufactured home unit may not have more than two factory installed propane tanks of not more than ten-gallon capacity, each notwithstanding the foregoing provision.

1.

The storage of personal property beneath manufactured home units shall not be permitted under any bedroom or sleeping quarters and shall be limited to 25 percent of the area under the manufactured home unit.

2.

The following materials shall not be stored under manufactured homes:

(i)

Flammable liquid, which includes any liquid having a flash point below 140 degrees Fahrenheit, and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees Fahrenheit.

(ii)

Combustible liquid, which includes any liquid having a flash point at or above 140 degrees Fahrenheit, and below 200 degrees Fahrenheit, and shall be known as Class III liquids.

(iii)

Compressed gas, which includes any mixture or material having in the container either an absolute pressure exceeding 104 pounds per square inch at 130 degrees Fahrenheit, or both; or any liquid flammable material having a vapor pressure, as defined in the International Fire Code, exceeding 40 pounds per square inch at 100 degrees Fahrenheit.

(iv)

Flammable material, which includes any material that will readily ignite from common sources of heat; any material that will ignite at a temperature of 600 degrees Fahrenheit or less.

(v)

Combustible waste matter including magazines; books; trimmings from lawns, trees, flower gardens; pasteboard boxes; rags; paper; straw; sawdust; packing material; shavings; boxes; and all rubbish and refuse that will ignite through contact with flames of ordinary temperatures.

(7)

Rock crushing.

a.

Crushing must not be closer than 1,200 feet from any dwelling, other than that of the owner.

b.

Crushing shall comply with all state and federal permits, and proof of any permits shall be submitted within 30 calendar days of issuance of the permit.

c.

Crushing shall only operate during daylight hours, official sunrise to official sunset.

d.

County road and bridge department shall be notified of transportation of any rock from site (for additional permits).

e.

Crushing shall be limited to 30 calendar days in any calendar year.

f.

There shall be no excavation within 1,000 feet of the county road or adjoining property owners without written consent of said owners and/or the road and bridge department.

(8)

Small wind energy systems is a conditionally permitted use. Small wind energy systems shall be a conditionally permitted use in the agricultural residential zone, subject to certain, additional requirements as set forth below:

a.

Tower height. The tower height shall be limited to 100 feet.

b.

Setback. The installation site of the small wind energy system may not be located closer to any lot line than one time (100 percent) its total height, plus ten feet.

c.

Number of towers. Towers shall be limited to one per lot of record, not to exceed one tower per every five acres.

d.

Topographic considerations. The siting of small wind energy systems shall be sensitive to and protective of areas of historical, archaeological, architectural, ecological, wildlife and scenic significance, consistent with the special areas provisions of the county comprehensive plan.

e.

Noise. Small wind energy systems shall not exceed 60 decibels, as measured at the closest neighboring inhabited dwelling unit. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

f.

Safety considerations. All related components of the small wind energy system shall be designed and protected to prevent unauthorized access. Fencing may be required. The owner and operator shall maintain the small wind energy system in good condition and provide for the ongoing maintenance, in accordance with the conditional use permit, manufacturer's specifications, and governmental regulations, for all structural, electrical and mechanical operations, to ensure safe operation of the small wind energy system. Any small wind energy system found to be unsafe by the zoning official or building official shall be repaired or removed pursuant to his direction.

g.

Building permit requirements. Building permit applications for small wind energy systems shall be accompanied by standard, engineered drawings of the small wind energy system, including the tower, base, and footings. This analysis is frequently supplied by the manufacturer. Small wind energy systems must be approved under the small wind certification program recognized by the American Wind Energy Association.

h.

Compliance with Federal Aviation Administration regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

i.

Utility notification. No small wind energy system shall be installed until evidence satisfactory to the county has been provided by the applicant that the utility company has been informed of the customer's intent to install a non-interconnected customer-owned generator. No small wind energy system that is interconnected with the electrical system may be put in operation prior to execution of written approval by the local electrical utility serving the property.

j.

Advertising. Small wind energy systems shall not be used for displaying any graphics, signage or advertising, other than small notations by the manufacturer.

k.

Color. Colors and surface treatment shall minimize visual disruption. As a guideline, non-reflective muted colors, darker colors against land and lighter colors against sky, without graphics or other decorations shall be used on the surface of the small wind energy system. However, visible, reflective, colored objects, such as flag reflectors or tape, shall be placed on the anchor points of guy wires.

l.

Continual use. If at any time, pursuant to the determination of the zoning official or the building official, the small wind energy system is not used for a period of 12 months, the property owner shall have it removed, within 30 calendar days of written notice having been mailed by regular U.S. mail, and by certified mail, return receipt requested, from the county planning and building services department. The property owner may, upon written notice to the planning and zoning commission; request continued siting of the small wind energy system. Such request must be submitted within 30 days of notice being sent by the county for removal of the small wind energy system. If the property owner fails to remove the small wind energy system within the stated time period, the small wind energy system shall be considered a nuisance, and the county shall have all remedies available under this chapter and state law for removal of the same.

m.

Continuing compliance. At the discretion of the zoning official or building official, or if required by the conditional use permit, the property owner may be required to demonstrate continuing compliance with applicable standards regarding noise, structural integrity, air traffic safety, radio emission safety, or other issues of importance to the purposes of this chapter.

n.

Technical experts. The county may retain technical experts/consultants to verify information presented by the small wind energy system owner, as needed. The cost for such review will be at the expense of the owner.

o.

Expiration of conditional use permit. A permit issued pursuant to this chapter, shall expire, if:

1.

The small wind energy system is not installed and functioning within 12 months after the date the permit is issued.

2.

The small wind energy system is not continually used pursuant to this chapter, and notice has been provided of such, pursuant to this chapter.

3.

The term stated in the conditional use permit, if any, expires without renewal or extension.

4.

The holder of the conditional use permit or the owner of the small wind energy system, is found to have violated the requirements of this chapter, the conditions of the conditional use permit, or the enforcement orders of the zoning official or building official.

p.

Extension of conditional use permit. The planning and zoning commission may grant an extension upon written request of the owner if received prior to the expiration date. The planning and zoning commission shall hold a public hearing on the request pursuant chapter 110.48.

q.

Violations. It is unlawful for any person to construct, install, modify, or operate a small wind energy system that is not in compliance with this chapter, or not in compliance with any condition contained in the conditional use permit or building permit issued pursuant to this chapter.

(9)

Commercial special events center.

a.

Minimum area. The size of the site must be adequate to accommodate the event, attendees, and parking unless provisions have been made for off-site parking. Adequacy of the site shall be reasonably determined by the commission.

b.

A detailed site plan and event description including, but not limited to, security, access, people management, traffic management, parking, waste control and disposition, litter control plans and any reasonable information requested by the zoning official shall be submitted with the application. Copies of the site plan and event descriptions shall be submitted to the county sheriff's department, county road and bridge department, north central district health department, state department of transportation, any applicable fire protection district, department of environmental quality, and any other agencies requested by the zoning official. The reviewing parties shall transmit their comments to the planning and building services department, who in turn, will compile and forward a report to the commission.

c.

Lighting shall be downward directed and shielded away from abutting roads and lots with established residential uses.

d.

The commission may impose such reasonable conditions as the record may indicate necessary to visually screen, control dust, reduce nuisance factors such as noise, manage traffic, buffer adjoining uses, mitigate effects on water or air quality, limit the duration of the permit, or otherwise provide for the health, safety, or general welfare of the event participants.

e.

One parking space will be provided for each three seating spaces and said parking area shall be restricted to a clearly designated area, which has clearly delineated boundaries.

f.

Maximum noise threshold shall be 75 dBA as measured at the lot lines.

g.

There shall be no parking or construction over existing drainfields.

(Ord. No. 72rr, § 8.6, 1-9-2017)

Authorization of a conditional use shall be void after one year unless the use has been established or a building permit has been issued for the use. The planning and zoning commission may grant a one-time extension of this period upon the written request of the applicant if received prior to the expiration date and upon showing good cause. Manufactured homes and/or recreational vehicles permitted for hardship shall not be limited to a single extension but shall otherwise meet all other standards of this chapter.

(Ord. No. 72rr, § 8.7, 1-9-2017)

Failure to comply with any condition of approval may result in revocation of the conditional use permit and/or any other formal or informal enforcement action at the discretion of the planning and zoning commission. The commission may revoke a conditional use permit if the permittee fails to comply with the condition of approval. Upon revocation, the commission shall issue a written notice of revocation including the reasons therefor. This notice shall be sent to the permittee by certified mail or shall be hand-delivered. This revocation is appealable pursuant to section 110.48.030. No revocation shall take effect until the expiration of the appeal period contained in section 110.48.030, or, if an appeal is filed, until a decision has been made upon appeal.

(Ord. No. 72rr, § 8.8, 1-9-2017)