A.   A property owner may apply for a conditional use permit for placement of a temporary dwelling for any of the uses in section 8-17-2. Under none of these circumstances shall the temporary dwelling be placed on a permanent foundation. At time of approval a bond and temporary housing agreement shall be required (8-17-7).

   B.   Public Hearing Required: The planning and zoning commission shall hold a public hearing on each conditional use permit application. The commission may approve, conditionally approve, or deny a conditional use permit under the conditions as herein specified.

   C.    Application and Fee Required:

      1.   Contents: An application for a conditional use permit shall be filed with the planning and zoning administrator by at least one owner of property for which such conditional use for a temporary dwelling is proposed. At a minimum, the application shall contain the following information:

         a.   Name, address and phone number of applicant;

         b.   Legal description of property;

         c.   Description of existing use;

         d.   Zone classification;

         e.   Purpose of proposed temporary dwelling;

         f.   A plan of the proposed site for the temporary dwelling showing the location of all existing buildings, location of the temporary dwelling, parking area, access, landscaping, refuse area, utilities, yards and other such information as the planning and zoning commission may require to determine if the proposed temporary dwelling meets the intent and requirements of this title; and

         g.   A narrative statement evaluating the effects on adjoining property; a discussion of the general compatibility with adjacent and other properties in the zone; and the need for the temporary dwelling.

      2.   Fee: A filing fee shall accompany the application (see schedule of fees adopted herein by reference and on file in the office of the county clerk).

   D.    Conditional Use Permits for temporary dwellings shall be renewed annually as set forth in this Title. Annual renewal shall require a renewed bond and payment of a twenty-five-dollar ($25.00) processing fee. Failure to renew the permit shall result in automatic termination, without notice or demand of any kind. (Ord. 2024-03, 6-10-2024)

   A.   Farm Labor Housing:

      1.   For agricultural workers engaged in performing a substantial amount of the operation of the property owner's agricultural activities within the prime agriculture zone. Proof of payroll activity and/or legal compensation of seventy-five percent (75%) or more of the agricultural workers' main source of income shall be provided with the application and shall be approved by the commission.

         a.   The Farm Labor housing permit shall be good for a period of one (1) year. Annual renewal of a Farm Labor housing permit shall require proof of a current payroll activity as stated above not less than sixty (60) days prior to the application expiring, in addition to the requirements of section 8-17-2(D).

         b.   Failure to renew a Farm Labor housing permit shall require the removal of the structure or building or dwelling used by the temporary resident within thirty (30) days of expiration.

      2.   Change In Ownership:

         a.   Should the Farm/Dairy change owners, the new owners shall apply for a new conditional use permit as set forth in this chapter.

      3.   Recreational vehicles are not permitted.

      4.   If a farm labor unit is used by someone not engaged in farm labor, all farm labor permits issued to the owner shall be terminated.

      5.   Permits under different organizations but controlled by the same personnel may be terminated upon failure to comply with permit.

   B.   Temporary Transitional Residence:

      1.   A recreational vehicle/manufactured home either existing or placed may be used as temporary housing during the construction of a new permanent residence on the same parcel. A time limit shall be set for the construction of a permanent residence of one hundred eighty (180) days, unless clearly stated by the planning and zoning commission. If the building construction is not complete within this time period and the building permit is extended, an extension for the temporary dwelling may be requested for an additional one hundred eighty (180) days. Further extensions may be granted by the commission under extenuating circumstances only. Manufactured homes used as temporary dwellings shall be removed from the property within thirty (30) days of final inspection of the new permanent residence and prior to the issuance of a certificate of occupancy.

   C.   Temporary Hardship For Substantiated Healthcare Needs:

      1.   Shall be allowed with the following conditions:

         a.   Proof of the healthcare need as evidenced through written and signed authorization from a medical professional is required.

         b.   Temporary hardship statement signed by the applicant that the applicant recognizes this is a temporary permit only; that the temporary permit lasts for only one (1) year and is automatically terminated at the end of the one (1) year unless the application is renewed.

         c.   The applicant has an ownership interest in property that would not otherwise qualify for an ADU (8-8-3) additional dwelling.

         d.   The temporary hardship permit shall be good for a period of one (1) year. At the end of the one (1) year, the temporary permit shall automatically, without notice or demand of any kind, terminate. A temporary hardship permit may be renewed upon presentation to the planning and zoning administrator of a current certificate of dependency not more than sixty (60) days prior to the application for extension, a renewed bond agreement, and a twenty-five-dollar ($25.00) application renewal fee;

         e.   Failure to renew, the structure, or building or dwelling used by the temporary resident, shall be removed within thirty (30) days from the property;

         f.   Should the person providing services choose to discontinue his or her service to the person claiming hardship, including where the service provider is the temporary resident, no other individual shall be allowed to move into the temporary residence until the succeeding individual also files an application for a temporary permit;

         g.   The temporary residence shall be placed within two hundred fifty feet (250') of the permanent residence; and

         h.    Accessory structures to serve the temporary hardship structure shall not be built.

   D.   Construction trailer intended for residential or security purposes on a construction site:

      1.   Construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any zone during the period construction work is in progress. Such temporary facilities shall be removed within sixty (30) days of completion of the construction work (i.e. Final Inspection). (Ord. 2024-03, 6-10-2024)

   A.   The board of county commissioners or planning and zoning commission may grant an application for a temporary permit after all requirements have been met and upon proof of each of the following:

      1.   All Temporary Permits where excreta will be present shall require a septic permit from the health authority certifying that applicant's proposed sewage disposal are adequate, conform to all state regulations and do not constitute a health hazard to any person.

      2.   All approved temporary permits uses shall be required to have a building conditional use permit prior to moving on or in the temporary permitted use. The permit shall at no time make the temporary structure permanent but a building permit shall be required to make sure all setbacks and requirements of this chapter or chapter reference are met. This includes all restrictions set by the approving body. This shall not apply to existing residences deemed temporary as set out in section 8-17-2(B).

      3.   The applicant has complied with all requirements set forth in this chapter. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)

   A.   Temporary permits will be granted under the following conditions and restrictions:

      1.   A temporary permit shall be issued only;

         a.   To a person who is willing and able to provide the services needed by the person claiming temporary hardship;

         b.   Agricultural farm workers temporary housing shall at no time be a rental to someone not working on the farm as described in the foregoing section.

         c.   Pertaining to construction of a new permanent residence, temporary residence, shall not be occupied at the same time as the main home. RV shall at no time have skirting. A temporary manufactured home shall be permitted also with a conditional use permit and appropriate building permit.

      2.   The trailer home, trailer house, mobile home, manufactured home, or motor home which shall be used by the applicant shall be of a temporary nature; in some cases, an existing home may be deemed a temporary residence. The trailer home, trailer house, mobile home, manufactured home, or motor home shall not be placed upon a permanent foundation.

      3.   Ingress/Egress: The temporary dwelling shall use existing methods of ingress/egress, as long as it has been permitted as residential or farm labor housing. If more than one is approved, they shall use the same ingress/egress as permitted.

      4.   The dwelling shall be used solely and exclusively for one of the above-listed temporary permitted uses.

      5.   The temporary structure and its sewage facilities shall not endanger the health or well-being of any persons.

      6.   The temporary dwelling shall be removed within thirty (30) days after the temporary need no longer exists or the temporary permit expires.

      7.   The administrator may make inspections of the premises at reasonable times and under reasonable conditions, to ensure that the temporary permit is being used in accordance with the original application and shall maintain a record of each permit granted within the county. The administrator may require a site visit for compliance by a county representative before a bond may be released.

      8.   The board of county commissioners and/or the planning and zoning commission may decline to issue the temporary permit for any reason and may demand that the applicant submit to an onsite inspection by the planning and zoning administrator prior to the granting of any temporary permit or any extension.

      9.   Persons or entities aggrieved by a decision of the board of county commissioners may under appropriate circumstances appeal the same pursuant to Idaho Code 31-1506 and 67-5273.

      10.   The planning and zoning administrator shall send notice of the application for temporary permits except construction railers to all adjoining landowners informing them that an application for a temporary permit has been applied for, the date and time they will be considered by either the board of county commissioners and/or the planning and zoning commission and that they have a right to appear and object to the issuance of the temporary permit.

      11.   Any other conditions as may be agreed upon between the applicant and the planning and zoning commission, the administrator and/or the board of county commissioners.

   B.   The temporary permit shall inure only to the personal benefit of the individual and shall not be alienable or in anywise transferable and shall terminate immediately, without notice or demand of any kind by any party. In the event either the farm/dairy or the person claiming hardship or the person providing services ceases to occupy or own the property. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)

Each applicant for a temporary permit shall pay an application fee as set by the board of county commissioners, shall be required to post a performance bond or bonds in the amount of twenty-five thousand dollars ($25,000.00) upon approval but prior to the temporary dwelling being occupied, and shall grant a lien against their real property in favor of Payette County securing the performance of their obligations under the permit. Each applicant shall also be required to execute the bond and lien agreement provided by the county. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)

The administrator shall place the application on the agenda for a public hearing as set forth in this section. Said public hearing shall be held no sooner than fifteen (15) days after the matter has been published in the local paper and no later than sixty (60) days after the filing of the application, to the extent such scheduling is practicable. After a decision is reached by the commission, the administrator will inform the applicant of its decision either orally or in writing within sixty (60) days of its final action. (Ord. 2012-05, 5-21-2012; amd. Ord. 2024-03, 6-10-2024)

The granting of a temporary permit shall not set a precedent for the granting of other permits, and no subsequent applicant shall be allowed to rely upon any prior issuance of any temporary permit as grounds for issuance. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)

A temporary permit, and whatever estate is created by a temporary permit, shall not be transferable by either and any transfer, or attempt to transfer, shall be a violation of this chapter and shall be subject to all criminal and abatement proceedings as provided herein. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)

The failure of the planning and zoning administrator to promptly and fully enforce this chapter against any individual who may be in violation of the same shall not grant or confer any additional rights upon any individual who may benefit therefrom. (Ord. 2007-7, 7-2-2007; amd. Ord. 2024-03, 6-10-2024)