This chapter requires a permit for all land development and building activity in the County and establishes procedures for the administration of this title, including the procedures for processing permit applications required by Idaho Code section 67-6519 and the hearing procedure required by Idaho Code section 67-6534. (Ord. 2019-01, 1-14-2019)

   A.   Permit Required: A permit shall be required for any division of land, grading, excavation, construction, reconstruction, or any land development, land use, or building activity, except as specifically exempted by subsection B or C of this section. Applications for permits shall be processed as described in this section.

FEE SCHEDULE

 

   B.   Exemptions For Land Divisions: No permit shall be required for land divisions resulting from the following activities:

      1.   An adjustment of lot lines shown on a recorded plat that does not reduce the area, frontage, width, depth, or building setback lines on any lot below the minimum requirements of this title, and does not change the original number of lots shown on the plat.

      2.   An allocation of land in the settlement of an estate, or as a result of a court decree for the distribution of specific parcels of property.

      3.   A gift of land for public purposes, an unwilling sale of land as a result of condemnation, or the acquisition of street rights- of-way or other public ways or spaces by a public agency.

      4.   An exchange of land for the purpose of straightening adjacent property boundaries which does not result in a change in land use.

      5.   Any division in which three (3) or fewer parcels created or remaining are more than twenty (20) acres or less than forty (40) acres in size or any division in which all parcels created or remaining are more than forty (40) acres in size and for which said division does not involve the dedication of streets or other public ways or spaces.

      6.   The creation of cemetery lots.

      7.   State law may require a record of survey for some activities exempted by this title.

   C.   Exemptions For Construction Activity: Activities listed here shall comply with all requirements of this title. However, no permit shall be required for:

      1.   Excavation or grading for agricultural purposes, or that is exempt from the requirements of the International Building Code, except where such excavation or grading is for the purpose of mining, which is not permitted in some zoning districts, or within the Floodplain Overlay District, where all grading and excavation is subject to permit.

      2.   Repair or remodeling that does not alter the exterior dimensions of the building involved by more than six inches (6").

      3.   Accessory buildings that are also exempted from review by the IBC (note that this generally exempts accessory buildings with a roof area of less than 120 square feet with 1 story and have no human occupancy), except where such accessory buildings are located in the Airport Safety or Floodplain Overlay Districts.

      4.   Fences under six feet (6') in height are exempted from review by the IBC.

      5.   Minor utility installations, except where such installations are in the Airport Safety or Floodplain Overlay Districts.

      6.   Certain signs, as provided in section 10-17-1, "Appendix A, Signs", of this title.

      7.   The IBC may require a building permit for some activities exempted by this title.

   D.   Application Forms: Applications shall be submitted on forms provided by the County. Multiple copies of applications and supporting materials, including a site plan, may be required by the Administrator. Applications shall contain all information required to demonstrate compliance with this title and no incomplete application shall be accepted.

   E.   Application Fees: Application fees for each type of permit established by this title shall be established by resolution of the BOCC.

   F.   Lot Split Permits: The lot split permit procedure is designed to assure that the creation of new parcels of land does not result in violation of this title or unnecessary applications for variances. County review of proposed lot splits also helps protect utility easements and streets from encroachment and consumers from purchasing inaccurately described property. Applications for lot split permits shall follow the procedure described herein. An application for a lot split permit may be submitted and processed simultaneously with an application for a development permit or combined into an application for a special use permit, in which case it shall be approved or disapproved by the PZC along with the application for the special use permit.

      1.   The developer shall file a properly completed application form, including a record of survey, the required supporting materials, and the required application fee with the Administrator.

      2.   The Administrator shall determine whether the proposed lot split is in compliance with the comprehensive plan and this title. If he/she finds that the proposed lot split complies, the application for a permit shall be approved. If he/she finds that the proposed lot split does not comply, the application for a permit shall be disapproved. Conditions may be attached to approval of the permit, as provided in subsection J of this section.

      3.   The Administrator shall notify the developer of the decision promptly except as provided in subsection F4 of this section.

      4.   The Administrator may refer any lot split application to the PZC for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular PZC meeting at which time is available.

      5.   The Administrator's or PZC's decision may be appealed to the BOCC using the appeals procedure in subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

      6.   A lot split of less than the minimum acres will be permitted when the parcel is isolated from the rest of the original parcel due to natural or public barriers which are beyond the landowner's control to change or remove. Subdivisions with lots less than one acre must meet all State health and water regulations.

         a.   These barriers may include:

            (1)   Rivers, lakes, reservoirs, wetlands, or cliffs.

            (2)   Publicly maintained roads and highways.

            (3)   Canals and laterals maintained by a canal company or an irrigation district.

            (4)   Publicly maintained trails, paths, or walkways only when those trails, paths or walkways are fenced.

            (5)   Similar situations.

         b.   These barriers may not include privately owned or maintained laterals, ditches, fences, trails, paths, walkways, driveways, or access roads.

      7.   Approval of a lot split permit alone does not constitute or imply approval of a permit for any prospective use of the lot created.

      8.   The minimum lot size for permitted residences should be one acre, except in certain approved subdivisions, which may require central water and sewer systems.

   G.   Subdivision Permits: The subdivision permit procedure is designed to assure that land development is accompanied by installation of the necessary on site public facilities and that it is compatible with neighboring land uses, the landscape setting, and the capacity of offsite public facilities and services. County review of subdivisions helps protect utility easements and road rights-of-way from encroachment and protects consumers from purchasing inaccurately described property. Applications for subdivision permits shall follow the procedure described herein. In order to reduce the number of hearings required, an application for a subdivision permit may be submitted and processed simultaneously with an application for a special use permit for a special use on one or more of the proposed subdivision lots.

      1.   The developer shall file a properly completed application form, including a preliminary plat, which for minor subdivisions is also the final plat, the required supporting materials, and the required application fee with the Administrator.

      2.   The Administrator shall place a hearing on the application on the agenda of the next regular PZC meeting for which the notice requirements of subsection G4 of this section can be met and at which time will allow proper consideration of the proposed subdivision.

      3.   The Administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the Administrator for use at the hearing. The Administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

      4.   The Administrator shall provide notice of the hearing, as follows:

         a.   By first class mail: To all adjoining property owners and all owners of property within one thousand feet (1,000') of the site at least fifteen (15) days before the hearing, except as provided in subsection G4d of this section;

         b.   By publication: One legal notice in the official newspaper and posted on County website, appearing at least fifteen (15) days prior to the hearing; and

         c.   By first class mail or fax: To media and interested agencies and individuals who have requested, in writing, that the Administrator provide such notice, and to all potentially affected public service providers, specifically including the potentially affected school districts, highway districts, irrigation entities, law enforcement agencies, and fire districts.

         d.   Where two hundred (200) or more first class mail notices would be required, the Administrator may provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the County, at least fifteen (15) days prior to the hearing date.

         e.   All notices shall comply with the requirements of subsection K of this section.

      5.   The PZC shall conduct a hearing on the proposed subdivision. No application for a subdivision shall be approved if the developer or a representative is not present.

      6.   The PZC shall determine whether the proposed subdivision is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed subdivision complies, it may approve the application. If it finds that the proposed subdivision is not in compliance, it may disapprove the application. Conditions may be attached to approval of the permit, as provided in subsection J of this section. Approval of the permit for a minor subdivision shall also constitute commission approval of that subdivision's final plat.

      7.   The Administrator shall notify the developer and parties receiving mailed notice of the PZC's decision promptly.

      8.   The PZC's decision shall be referred to the BOCC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

      9.   The developer may file a final plat with the Administrator at any time after the subdivision permit is approved. Phased final platting is permitted by section 10-16-5 of this title. No PZC review shall be required for minor subdivisions.

      10.   The BOCC shall determine whether the final plat is in compliance with the subdivision permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat is not in compliance, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in subsection J of this section.

      11.   The Administrator shall notify the developer and interested parties of the BOCC decision promptly.

      12.   Approval of a subdivision permit or plat does not constitute or imply approval of a permit for any prospective use of any lot created.

      13.   Unless an existing subdivision is being re-divided and has been previously zoned RR Zone, approval of a subdivision permit or plat is contingent on rezoning results.

   H.   Development Permits: The purpose of the development permit procedure is to ensure that routine land development and building activity complies with this title. Applications for development permits shall follow the procedure described herein.

      1.   The developer shall file a properly completed application form, the required supporting materials, including a site plan, and the required application fee with the Administrator. The application for a development permit may be submitted and processed simultaneously with the application for a lot split permit or a building permit required by the IBC.

      2.   The Administrator shall determine whether the proposed building or use is in compliance. If he/she finds that the proposed building or use complies, the application for a permit shall be approved. If he/she finds that the proposed building or use does not comply, the application for a permit shall be disapproved.

      3.   The Administrator shall notify the developer of the decision promptly, except as provided in subsection H4 of this section.

      4.   The Administrator may refer any development permit application to the PZC for confirmation of its compliance or lack of compliance with the comprehensive plan and this title. All such referrals shall be placed on the agenda of the next regular PZC meeting.

      5.   The Administrator's decision may be appealed to the PZC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period.

   I.   Special Use Permits: The purpose of the special use permit procedure is to implement the comprehensive plan by requiring intensive public review of certain developments, and by requiring those developments to comply with performance standards designed to assure their compatibility with neighboring uses, the landscape setting, and the capacity of public facilities and services. Applications for special use permits shall follow the procedure described herein.

      1.   The developer shall file a properly completed application form, the required supporting materials, including a site plan, and the required application fee with the Administrator. Upon review of the application and supporting materials, the Administrator, in his discretion, should the application require such, schedule the developer and his supporting materials for a sketch plan review or other review before a workshop or working session of the Planning and Zoning Commission, prior to accepting the application form. At the work session the Planning and Zoning Commission may require additional information or explanation, prior to the public hearing on the application.

      2.   The Administrator shall place a hearing on the application on the agenda of the next regular PZC meeting for which the notice requirements of subsection I4 of this section can be met and at which time will allow proper consideration of the proposed special use.

      3.   The Administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the Administrator for use at the hearing. The Administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

      4.   The Administrator shall provide notice of the hearing, as follows:

         a.   By First Class Mail: To all adjoining property owners and all owners of property within one thousand feet (1,000') of the site at least fifteen (15) days before the hearing, except as provided in subsection I4e of this section.

         b.   By Publication: One legal notice in the official newspaper and posting on County website, appearing at least fifteen (15) days prior to the hearing.

         c.   By First Class Mail Or By Fax: To media and interested agencies and individuals who have requested, in writing, that the Administrator provide such notice, and to all potentially affected public service providers, specifically including the potentially affected school districts, highway districts, irrigation entities, law enforcement agencies and fire districts.

         d.   By Posting On The Site: At least seven (7) days before the hearing a sign conveying the required notice shall be posted on the site. Such signs shall be prominently visible from the nearest public road.

         e.   Two Hundred Or More Notices: Where two hundred (200) or more first class mail notices would be required, the Administrator may provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the County, at least fifteen (15) days prior to the hearing date.

         f.   Compliance: All notices shall comply with the requirements of subsection K of this section.

      5.   The PZC shall conduct a hearing on the proposed special use. No application for a special use permit shall be approved if the developer or a representative is not present.

      6.   The PZC shall determine whether the proposed special use is in compliance with the comprehensive plan and all requirements of this title. If it finds that the proposed special use complies, it may approve the application. If it finds that the proposed special use does not comply, it may disapprove the application. Conditions may be attached to approval of the permit, as provided in subsection J of this section.

      7.   The Administrator shall notify the developer and interested parties of the PZC's decision promptly.

      8.   The PZC's decision may be appealed to the BOCC using the appeals procedure of subsection 10-2-3A of this chapter. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is mailed. Developers proceed at their own risk during the appeal period.

   J.   Conditions: Conditions may be imposed on any lot split, development, subdivision, or special use permit approval, or variance, if:

      1.   The conditions are clearly designed to assure compliance with one or more specific requirements of this title; and

      2.   A list of all conditions imposed is provided to the developer with notice of the decision. That list shall specifically identify the provision of this title the condition is designed to implement.

   K.   Hearing Notices: All required notices shall provide the following information:

      1.   A legal description of the development site;

      2.   The address of the site, or another general description by which the public can locate it;

      3.   The present land use at the site;

      4.   The proposed use and, for subdivisions, proposed number of lots and average proposed lot size;

      5.   The body (PZC or BOCC) that will conduct the hearing;

      6.   The date, time, and place of the hearing;

      7.   A statement of the availability of application materials for public review.

   L.   Approvals Valid For Two Years: Permits, including variances, shall be valid for two (2) years from the date of approval, unless extended by a development agreement, as provided in section 10-16-5 of this title. If a building permit is issued, or if activity authorized by the special use permit commences prior to the expiration of the permit, then the terms of the special use permit are incorporated into the building permit or continue to apply to the activity taken, and the permit shall continue to be valid without requiring to be renewed. If no activity is undertaken as authorized by the permit, and no building permit or other authorization is issued, the Planning and Zoning Commission may authorize an extension, upon application, if the application shows justifiable cause for a reasonable extension.

   M.   Permits Required For Electrical Connection:

      1.   No person may apply for or use electrical service in any newly placed or built structure without first securing a building permit for the construction or placement of the structure.

      2.   No person or corporation shall furnish electrical service or power to any structure without first securing the number of the building permit for the structure, to which the electrical service is to be furnished.

      3.   The term "structure" as used in this section shall mean one of the following:

         a.   Any new building to which electrical service has not been previously furnished.

         b.   Any manufactured or mobile home to which electrical service has not been previously furnished at the present site of said mobile home or manufactured home.

      4.   In an instance where the building official determines that a structure is exempt from the requirements of the International Building Code and therefore no building permit is required, a zoning permit number shall be issued. (Ord. 2019-01, 1-14-2019)

   A.   Appeals: Any person may appeal any decision of the Administrator to the PZC and any decision of the PZC to the BOCC using the procedure described herein:

      1.   Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is mailed. The appellant shall file a properly completed appeals form, the required supporting materials, and the required deposit for the appeals fee with the Administrator. The appellant shall agree to be responsible for the actual costs incurred by the County in completing the appeal. The deposit shall be in an amount set by the Building Administrator. After completion of the appeals process, the appellant shall be presented a final costs bill by the commission and shall pay or be refunded the difference between the actual costs and the deposit. Actual costs shall include the following: all costs associated with providing legal notice pursuant to this title and Idaho law such as publication, posting and mailings; costs associated with conducting required public hearings including travel expenses incurred by County Planning and Zoning representatives, County Commissioners and Building Administrator; legal fees incurred by the County in providing legal advice to the Board or commission, preparation of findings of fact and conclusions of law, legal research and attendance at the appeal hearing(s); and any other expense directly related to preparing for, conducting and deliberating after the appeal hearing.

      2.   The Administrator shall place a hearing on the appeal on the agenda of the next regular PZC/BOCC meeting for which the notice requirements can be met. Notice requirements for an appeal shall be the same as for the permit application.

      3.   The PZC/BOCC shall conduct a hearing on the appeal following the procedure established in this subsection A. No appeal shall be heard if the appellant or a representative and, when the appellant is not the developer, the developer or a representative is not present.

      4.   The PZC/BOCC shall determine whether the decision being appealed is in compliance with the comprehensive plan and this title, and affirm, modify, or overturn that decision accordingly.

      5.   On appeal of a decision from the Planning and Zoning Commission to the BOCC, the appeal shall be on the record established by the Planning and Zoning Commission and shall be limited to whether the Planning and Zoning Commission's findings and conclusions are supported by substantial, competent evidence and are proper under the law.

      6.   The Administrator shall notify the appellant and interested parties of the PZC/BOCC decision promptly.

   B.   Variances: Variances are intended to provide relief for landowners who, due to some unique physical characteristic of their property that is beyond their control, would have no beneficial use of the property if this title is strictly enforced. Applications for variances shall follow the procedure described herein. Whenever the need for a variance is anticipated, the application for a variance may be combined with a lot split, subdivision, development, or special use permit. Where an application for a variance is combined with an application for a lot split or building permit, that permit shall be approved or disapproved by the PZC along with the variance.

      1.   The developer shall file a properly completed application form, including a site plan, the required supporting materials, and the required application fee with the Administrator.

      2.   The Administrator shall place a hearing on the variance on the agenda of the next regular PZC meeting for which the notice requirements can be met.

      3.   The PZC shall conduct a hearing on the proposed variance. No application for a variance shall be approved if the developer or a representative is not present.

      4.   The PZC shall approve a variance only upon finding that:

         a.   The need for a variance results from physical limitations unique to the lot on which the variance is requested;

         b.   Failure to approve the variance will result in undue hardship because no reasonable conforming use of the lot is possible without a variance;

         c.   The alleged hardship has not been created by action of the lot's owner or occupants;

         d.   Approval of the variance will not create a nuisance or result in potential harm to adjoining properties or the neighborhood;

         e.   Approval of the variance will not have an adverse effect on the implementation of the comprehensive plan; and

         f.   The variance is the minimum relief from the requirements of this title necessary to permit a reasonable conforming use.

         g.   Additional findings may be required for variances in the Airport Safety or Floodplain Overlay Districts.

      5.   Conditions may be attached to the approval of a variance, as provided in subsection 10-2-2J of this chapter.

      6.   The Administrator shall notify the developer and interested parties of the PZC's decision promptly.

      7.   The PZC's decision may be appealed to the BOCC using the appeals procedure of subsection A of this section. Any person wishing to appeal a decision shall file a notice of appeal with the Administrator within fourteen (14) days after notice of the decision being appealed is received. Developers proceed at their own risk during the appeal period. (Ord. 2019-01, 1-14-2019)

   A.   Procedure For Quasi-Judicial Hearings: "Quasi-judicial hearing" means the type of hearing whereby the PZC/BOCC adjudicates between proponents of identifiable interests, finds facts, and applies the law to specific applications. Quasi- judicial hearing matters include, but are not limited to, applications for change of zone, subdivision of land, special (conditional) use permit, and variance of zoning standards.

      1.   Hearing Procedure: This procedure shall be followed in all hearings.

         a.   The presiding officer shall announce the purpose and subject of the hearing.

         b.   The commission shall determine whether proper notice of the hearing has been provided. If proper notice has not been provided, the hearing shall be rescheduled.

         c.   The commission shall determine whether the application form required by the Zoning Ordinance is complete and includes all required supporting materials. If the application is not complete, the hearing shall be rescheduled.

         d.   The presiding officer shall ask if any PZC/BOCC member wishes to declare a conflict of interest, as defined by Idaho Code, in the matter to be heard and excuse any member who declares such a conflict from participation in the hearing.

         e.   The presiding officer shall ask the Administrator to present a report on the proposal being considered.

         f.   The presiding officer shall direct questions from PZC/BOCC members to the Administrator. Any written testimony received shall be recognized in the record.

         g.   The presiding officer shall ask for testimony from the developer or his or her authorized representative. PZC/BOCC members may ask questions following this statement. All questions and replies shall be directed through the presiding officer.

         h.   Following the developer's statement, the presiding officer shall ask for statements from the public. Persons giving statements shall begin by stating their name and mailing address. PZC/BOCC members may ask questions following any statement. All questions and replies shall be directed through the presiding officer. The regular order of such testimony shall be first from those in support of the application, then from those who express neutrality, and finally from those opposed.

         i.   When all statements have been given, the presiding officer shall ask if the applicant wishes to speak in rebuttal to other statements. Neither new statements nor the introduction of new evidence shall be permitted at this time. Questions from PZC/BOCC members may follow each rebuttal for purposes of clarification.

         j.   The presiding officer shall close the public hearing and call for deliberations by the PZC/BOCC.

         k.   Written statements, plans, drawings, photographs, or other materials offered in support of statements at a hearing are part of that hearing's record and shall be retained by the County. Supporting materials shall be left with the Administrator after each statement is made.

      2.   Additional Hearing Procedures: These procedures may be used without prior notice to assist in the conduct of large or controversial hearings.

         a.   The PZC/BOCC may impose time limits on the statements given in order to assure completion of the agenda.

         b.   The PZC/BOCC may require persons who wish to make a statement to register their intention to do so with the Administrator before the hearing. The presiding officer shall use the register to call on persons to present their statements.

      3.   Hearings To Be Taped: As required by Idaho Code section 67-6536, the Administrator shall keep a transcribable tape record of all hearings on file for at least five (5) years after the final hearing on the development.

      4.   Continuances And Deliberations: The PZC/BOCC, in its discretion, may continue any hearing for any reason at any time and may allow new testimony at the continued hearing. The PZC/BOCC may discuss and vote on any application or issue at the same meeting at which testimony is taken, or at a later meeting.

      5.   Decision Record: All decisions of the PZC or BOCC shall be reported in the form of a reasoned decision, as required by Idaho Code section 67-6535. The completed decision record shall include the application materials, any report prepared by or on contract for the Administrator, and all materials submitted by the developer or citizens at the public hearing.

      6.   Decision Deadline: This subsection A6 establishes the "reasonable time" for deliberation on applications by the PZC required by Idaho Code section 67-6519. The PZC shall make a decision on any application for a permit as promptly as it can be accomplished in light of the materials received. If the Board of County Commissioners believes a recommendation or decision should be forthcoming from the Planning and Zoning Commission, the Board may notify the commission in writing and thereafter the commission shall render a decision or recommendation within no more than forty five (45) days, or if no decision or recommendation has been provided within such time, the jurisdiction of the commission shall be deemed forfeited and the Board may proceed to decide the matter.

   B.   Procedures For Legislative Hearings: "Legislative hearing" means the type of hearing whereby the PZC formulates recommendations on or the BOCC addresses amendments, ordinances, rules, regulations, policies, plans, and/or procedures of a Countywide or neighborhood wide nature.

      1.   Hearing Procedure: This procedure shall be followed in all legislative hearings.

         a.   The presiding officer shall announce the purpose and subject of the hearing.

         b.   The presiding officer shall ask the Administrator to present a report on the proposal being considered.

         c.   The presiding officer shall call for testimony from the public, followed by discussion and action by the PZC/BOCC.

         d.   The PZC shall make a recommendation to the BOCC regarding the proposal being considered. If the hearing is before the BOCC, the BOCC shall make a decision regarding the proposal being considered.

      2.   Continuances And Deliberations: The PZC/BOCC, in its discretion, may continue any hearing for any reason at any time.

   C.   Procedures Varied: The procedures set forth in this section are directory only and may be varied as necessary to accomplish the work of the commission or Board. (Ord. 2019-01, 1-14-2019)

Any person may petition for the amendment of this title or the comprehensive plan. Amendments may also be initiated by the PZC or BOCC, but the BOCC must refer any amendment it proposes to the PZC for action as described herein. The amendment procedure shall be as described herein and in Idaho Code section 67-6509 or 67-6511.

   A.   The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the Administrator.

   B.   The Administrator shall place a hearing on the application on the agenda of the next regular PZC meeting for which the notice requirements can be met and at which time will allow proper consideration of the proposed amendment.

   C.   The Administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the Administrator for use at the hearing. The Administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.

   D.   The Administrator shall provide notice of the hearing, as follows:

      1.   By publication: One legal notice in the official newspaper and on County website, appearing at least fifteen (15) days prior to the hearing; and

      2.   By first class mail: To other media and interested agencies and individuals who have requested, in writing, that the Administrator provide such notice, and to all potentially affected public service providers.

      3.   These additional forms of notice are required for zoning map amendments:

         a.   By First Class Mail: To all adjoining property owners and all owners of property within one thousand feet (1,000') of the site at least fifteen (15) days before the hearing, except as provided in subsection D4 of this section; and

         b.   By Posting On The Site: At least seven (7) days before the hearing a sign conveying the required notice shall be posted on the site. Such signs shall be prominently visible from the nearest public road.

      4.   Where two hundred (200) or more first class mail notices would be required, the Administrator may provide notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the County, at least fifteen (15) days prior to the hearing date.

   E.   The PZC shall conduct a hearing on the proposed amendment. No application for an amendment shall be reviewed if the developer or a representative is not present.

   F.   For ordinance amendments, the PZC shall determine whether the proposed amendment is consistent with the comprehensive plan, and recommend that the BOCC approve or disapprove it accordingly. For comprehensive plan amendments, the PZC shall determine whether the proposed amendment is in the public interest, and recommend that the BOCC approve or disapprove it accordingly.

   G.   The Administrator shall convey the PZC's recommendation to the BOCC and, unless the application is withdrawn, may place a hearing on the application on the agenda of the next regular BOCC meeting for which the notice requirements can be met. Notice shall be provided in the same manner as for the hearing before the PZC.

   H.   The BOCC may conduct a hearing on the proposed amendment. For zoning amendments, this hearing shall also constitute the first reading of the ordinance. No application for an amendment shall be reviewed if the developer or a representative is not present.

   I.   For ordinance amendments, the BOCC shall determine whether the proposed amendment is consistent with the comprehensive plan and adopt or disapprove it accordingly. For comprehensive plan amendments, the BOCC shall determine whether the proposed amendment is in the public interest and adopt or disapprove it accordingly.

   J.   The Administrator shall notify the developer and interested parties of the BOCC decision promptly, but no amendment to this title shall become effective until that amendment has been adopted as an ordinance and published as required by law. (Ord. 2019-01, 1-14-2019; amd. Ord. 2020-02, 2-24-2020)

   A.   Failure To Obtain Permit: Whenever the Administrator becomes aware of an activity for which a permit is required by this title, but for which a permit has not been approved, he/she shall notify the occupant (and owner, if they are not the same) of the site to immediately cease all unpermitted activity. Notice shall be given by posting on the site and/or first class mail. If activity does not cease immediately, the Administrator shall ask the County Attorney to take prompt action, as authorized by Idaho Code section 67-6527, to end the unpermitted activity and, if a permit is not subsequently issued, to require restoration of the site to its original condition. Required restoration shall include restoration of vegetative cover where sites have been graded in violation of this title.

   B.   Certificate Of Completion/Occupancy: A certificate of completion/occupancy shall be issued before any building or use is occupied. A certificate of completion/occupancy indicates that an onsite inspection has shown that the building or use complies with this title, including any conditions imposed upon its approval. Occupancy of a building or use without a certificate of completion/occupancy shall be a violation of this title. The issuance of a certificate of completion/occupancy shall not be construed as approval of any violation of this title that may have been undiscovered during the inspection.

   C.   Temporary Certificate Of Completion/Occupancy: A temporary certificate of completion/occupancy may be issued to permit temporary use of a building in cases where weather prevents prompt completion of such required improvements as landscaping. No temporary certificate of completion/occupancy shall be valid for more than one hundred eighty (180) days.

   D.   Enforcement Procedure: The procedure for enforcement of this title shall be as described herein.

      1.   The Administrator shall notify the occupant (and owner, if they are not the same) of the violation by first class mail and/or posting on the site. The notice shall describe the violation, cite the sections of this title being violated, and order the occupant/owner to attain compliance within thirty (30) days.

      2.   Any person who receives a notice of violation may request inspection by the Administrator to show that compliance has been attained within the thirty (30) days allowed; or:

         a.   File a written request with the Administrator for an extension of time to attain compliance, with such extensions being limited to a maximum of sixty (60) days and culminated by an inspection to show that compliance has been attained; or

         b.   File an appeal of the Administrator's notice, following the procedure of subsection 10-2-3A of this chapter. All enforcement actions shall be stayed while the appeal is being heard.

      3.   If any person notified of a violation in accordance with subsection D1 of this section fails to attain compliance within the time allowed, or is found to be in violation at an appeals hearing, the Administrator shall ask the County Attorney to take immediate action to end the violation.

      4.   The County Attorney shall take effective action, civil or criminal, to promptly end the violation.

   E.   Penalty: Violations of this title shall be a misdemeanor, and shall be punishable by a fine in any amount not exceeding three hundred dollars ($300.00) or by imprisonment for a period of no longer than thirty (30) days, or by both fine and imprisonment. Each day in which a violation continues shall be considered a separate offense. (Ord. 2019-01, 1-14-2019)

This article shall be known as the CONDITIONAL ZONING DEVELOPMENT AGREEMENT ORDINANCE OF POWER COUNTY. For the purposes of this article, the conditional zoning development agreement may be referred to as "agreement". (Ord. 2013-02, 4-8-2013)

This article is authorized under the provision of Idaho Code, section 67-6511A. (Ord. 2013-02, 4-8-2013)

This article allows the board of county commissioners to require or permit, as a condition of rezoning, that an owner or developer make a written commitment concerning the use or development of the subject parcel. (Ord. 2013-02, 4-8-2013)

An agreement may be initiated with the consent of the applicant for the rezoning of a particular parcel of land or collection of parcels of land through the following methods:

   A.   On application by the property owner(s).

   B.   By recommendation of the building administrator.

   C.   By recommendation of the planning and zoning commission.

   D.   As required by the board of county commissioners. (Ord. 2013-02, 4-8-2013)

In the event that the planning and zoning commission finds that a conditional zoning development agreement should be entered into, the commission shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of the agreement. The commission shall then proceed as specified herein.

In the event of a determination by the board of county commissioners that an agreement should be entered into, the board shall remand the matter back to the planning and zoning commission for setting a time limit for submittal of the agreement. The commission shall then proceed as specified herein. (Ord. 2013-02, 4-8-2013)

In accordance with the Idaho Code, the commission or board may establish time limits for submittal of an agreement. The commission or board may stay, modify or extend any time limit otherwise required by county ordinance. Failure by the applicant to comply with time limits established by the board or commission shall be deemed just cause for termination of conditional zoning development agreement proceedings and denial of the zone change application. (Ord. 2013-02, 4-8-2013)

An agreement shall be in the form required by the building administrator. No agreement shall be accepted by the building administrator which does not include the following:

   A.   Legal name(s), title(s) and address(es) of property owner(s) and/or others with direct vested interest in the conditional zoning development agreement and rezone request.

   B.   A legal description of the property that is subject of the rezone request which legal description must be acceptable to the county.

   C.   An affidavit by the owner(s) of the parcel(s) agreeing to submission of the use and property for an agreement upon the adoption of an order by the board of county commissioners approving the requested rezone of the subject parcel(s).

   D.   The current use or uses of the property for which the conditional zoning development agreement is sought.

   E.   The proposed specific use or uses of the property for which the conditional zoning development agreement is sought and an explanation of how the proposed use or uses is/are allowed or conditionally allowed in the zone for which application has been made.

   F.   A project summary report, which shall include:

      1.   A narrative description of the proposed density, amenities, improvements or other uses sought, including, but not limited to: height, setbacks, size, location of proposed structures or activities on the property.

      2.   The estimated time of start and completion of all proposed development activities. This may be simplified by devising a time line that splits development activities into phases.

      3.   Plans for use and reuse of property after proposed project completion.

      4.   A narrative description of physical and environmental effects, constraints, or limitations of the proposed development, including infrastructure demands, and proposals for mitigation of identified physical and environmental efforts.

      5.   Economic benefits gained or lost from proposed development.

      6.   Conceptual site plans, with some representation of scale showing the approximate location of proposed structure(s), perimeter buffer treatment (as required), road improvements, conceptual drainage strategy, and other proposed usage information. Exhibits on general soil types, topography, slope vegetation, drainages, and other pertinent land characteristics may also be required.

   G.   Signed letters of application, approval, or preapproval from any applicable federal, state, or local agencies involved in the permitting process for the specific use proposed. Letters shall include any written agreements made with agencies to perform a specific action. If letters of application, approval, or preapproval are not provided, acknowledgement and consent to comply with all applicable federal, state, and local rules, regulations, and standards shall be substituted.

   H.   A statement by the owner(s) of the property that failure to comply with the commitments in the agreement shall be deemed consent to rezone the property to the preexisting zone. Rezoning of the subject parcel(s) will occur at the time of termination of the development agreement and will comply with the notice and hearing provisions of section 67-6509 of the Idaho Code. Costs of such rezone shall be paid by the owner(s) and/or developer(s).

   I.   Signatures of all owner(s), developer(s) or lawfully authorized agent(s), shall be notarized, and in the case of lawfully authorized agents, properly executed powers of attorney in a form acceptable to the county prosecutor shall be presented to the building administrator and made a part of the conditional zoning development agreement specifying the use and development of the real property which is the subject of the rezone request.

   J.   A clause that the commitment shall run with the land and be binding on the heirs, assigns, and successors in interest of the owner(s) and/or developer(s).

   K.   Any other matter mutually agreeable to the parties. This may include, but not be limited to, performance bonding or other fiscal guarantees.

   L.   A statement by the owner(s) of the property describing any specific terms required by the board or commission and a covenant to follow such terms and conditions. (Ord. 2013-02, 4-8-2013)

The board may require a development agreement be executed to allow a rezone in order to ensure implementation of the project as represented by the applicant and to permit the general health, safety, comfort, convenience, and welfare of the citizens of Power County. A conditional zoning development agreement shall not allow a use on the property that is not allowed or conditionally allowed in the requested rezone.

   A.   A conditional zoning development agreement may be recommended for approval by the planning and zoning commission and may be approved by the board of county commissioners only after public hearings following the notice and hearing provisions of section 67-6509 of the Idaho Code. (Ord. 2013-02, 4-8-2013)

Following approval of a conditional zoning development agreement by the board of county commissioners by resolution, the agreement shall be recorded in the office of the county recorder at the expense of the property owner(s). The recorded agreement shall take effect and be in force upon adoption of the approval order and publication of the companion ordinance rezoning the subject property. The agreement, and all conditions, terms, duties, or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner(s) or subsequent owner(s) and each other person(s) acquiring an interest in the property. (Ord. 2013-02, 4-8-2013)

An owner(s), subsequent owner(s) and each person acquiring an interest in property that is restricted by an agreement adopted pursuant to the ordinance, shall comply with the terms, conditions, obligations and duties contained in the agreement. (Ord. 2013-02, 4-8-2013)

No substantial modification of a written commitment may be made without approval of the county commissioners unless the modification is required by changes in state or federal rules, regulations and laws. Any applicant for a modification of a conditional zoning development agreement must first present proposed modifications to the planning and zoning commission. The planning and zoning commission shall make a recommendation to the board of county commissioners. An agreement may be modified with the notice and hearing procedures of section 67-6509 of Idaho Code by the board of county commissioners. After recordation of the conditional zoning development agreement, any of the parties bound by the agreement may seek to modify the conditional zoning development agreement. In reviewing a proposed modification, the board and/or commission shall review the following criteria:

   A.   Whether or not the modification shall preserve the enjoyment of a property right of the owner; the public welfare; and other property in the surrounding neighborhood.

   B.   How the proposed modification affects the Power County comprehensive plan and plans for development. (Ord. 2013-02, 4-8-2013)

A conditional zoning development agreement may be terminated by the board of county commissioners, without the consent of the breaching party, for failure to comply with the commitments expressed in the agreement. Such termination shall take place after public hearing on the termination at which time testimony shall be taken to establish noncompliance with the conditions, terms, obligations or duties contained with the agreement. The public hearing shall follow the notice and hearing provisions of section 67-6509 of the Idaho Code. A conditional zoning development agreement may contain termination procedures, including, but not limited to, notifying the persons bound by the agreement of the alleged violation and establishing a reasonable time to remedy the violation prior to the initiation of termination proceedings.

Upon termination of the agreement the property shall revert to the zone application applicable prior to the adoption of the agreement or application for zoning designation change. All uses of the property which are not consistent with the subsequent applied zone following termination of the agreement shall cease. The owner(s) of the property may apply for a conditional use of the parcel if such use is a conditional use within the subsequent applied zone. A conditional zoning development agreement shall stipulate that the costs incurred to rezone the property upon termination of the development agreement be paid by the owner(s) of the property. (Ord. 2013-02, 4-8-2013)

Development agreements may be enforced by the county through any means deemed to be appropriate, including, but not limited to, specific enforcement, injunctive relief, or damages for violation of this article. The foregoing enforcement options available to the county shall not be deemed exclusive. (Ord. 2013-02, 4-8-2013)