Application for a conditional use in the district shall be made on a form furnished by the Administrator. Upon receipt of the completed form, the application shall be placed on the agenda of the next available regular meeting of the hearing examiner, commission or the Board when concurrent stream alteration permit applications are submitted which require Board approval, and shall meet the requirements for notification by publication and mail (subsection B of this section).
A. General: It is recognized that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation and public facilities. In order to protect the public health, safety and welfare and guarantee conformance with the plan, permits are required for such uses upon review by the commission or the Board.
B. Procedure: The following sections of chapter 25, "Conditional Use Permits", of this title, shall be followed:
1. Section 9-25-4, "Public Hearing And Notice".
2. Section 9-25-5, "Action By The Commission Or The Board".
3. Section 9-25-6, "Notification By The Administrator".
4. Section 9-25-7, "Appeals Process".
5. Section 9-25-8, "Expiration And Renewal".
6. Section 9-25-9, "Special Provision".
C. Application: An application for a conditional use permit shall be filed with the Administrator by at least one holder of an interest in the property or their agent accompanied by the fee established. The application shall include the following information:
1. All information requested in subsections 9-25-2A1 through A5, A7, A8 and A9 of this title (subsection 9-25-2A6 of this title is excluded).
2. Additional information that may be requested by the Administrator in order to review a specific application may include, but is not limited to, the following:
a. Eight (8) sets of plans when application requires commission approval, six (6) sets of plans when application requires Board approval, or two (2) sets of plans when the application requires hearing examiner approval or when submitting an application for a building permit, drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel, floodway and the flood protection elevation for the lowest floor which shall be two feet (2') above the base flood elevation or highest adjacent grade of the building site where no base flood elevation exists.
b. Site specific information from the methods used to analyze flood hazard listed in subsection 9-17-1D of this chapter, including base flood elevation and location of the boundaries of the floodway and floodplain.
c. A valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development and high water information.
d. Plans (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream and soil types.
e. A profile showing the slope of the bottom of the channel or flow line of the stream.
f. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
g. Existing direction of water forces, areas of critical erosion, potential for channel movement or relocation and related hydraulic considerations.
h. Potential depth of inundation by flood.
i. Existing or potential overflow channels.
j. Groundwater table level at high water in the spring.
k. Existing vegetation, soils and habitat for fish and streamside wildlife.
l. When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A on file in the County, and is located within a wellhead protection area, written comment from Idaho Department of Environmental Quality and from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, shall be solicited if this is determined by the Administrator to be necessary.
m. A statement to address potential beneficial and adverse impacts of the project, including the areas upstream, downstream and across the stream. In addition, the application shall include a written statement by a licensed engineer that the project will have no adverse impact or that such impacts have been identified and mitigated to the maximum extent feasible.
D. Evaluation And Determination: Transmit one copy of the information described in subsection C of this section to an engineer (designated by the County) or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, other technical matters and environmental damage. Such technical review shall be at the applicant's expense. Fee for such review shall be paid by the applicant prior to public hearing.
Based upon the technical evaluation by this designated engineer or expert and other pertinent information, the commission or the Board shall determine the specific flood hazard at the site and shall evaluate the suitability of the proposed use in relation to the flood hazard and possible environmental damage.
E. Criteria For Evaluation: The applicant shall show that the criteria of this regulation has been satisfied. The commission or the Board shall consider other requirements specified in this chapter as well as the following:
1. The relationship of the proposed use or development to the comprehensive plan and floodplain management program for the area.
2. The preservation of the inherent natural characteristics of the watercourses and floodplain areas. This includes maintaining the storage and carrying capacity of these areas.
3. The compatibility of the proposed use or development with existing development and development anticipated in the foreseeable future.
4. The danger to life and property due to increased flood heights or velocities caused by encroachments.
5. The effect upon fish and wildlife habitat, including existing vegetation.
6. The availability of alternative locations not subject to flooding for the proposed use or development.
7. The probability of mass erosion to adjacent property as opposed to normal stream bank erosion and accretion.
8. The safety of access to the property in times of flood of ordinary and emergency vehicles.
9. The danger that materials may be swept on to other lands or downstream to the injury of others.
10. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
11. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners and the local public interest.
12. The importance of the service provided by the proposed facility to the community.
13. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
14. Effect of and susceptibility to obstruction by landslides, avalanches, ice jams or timber.
15. If the applicant or landowner with respect to an application for a conditional use permit under this chapter is the State of Idaho, or any agency, board, department, institution, or district thereof, the commission or the Board, in addition to all other applicable standards and criteria hereunder, shall take into account the plans and needs of the State, or any agency, board, department, institution or district thereof, as required by Idaho Code section 67-6528.
16. The project will not have an adverse impact on potable water sources when the project is located within a wellhead protection area.
F. Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the commission or the Board shall attach such conditions to the granting of conditional use permits as deemed necessary to further the purposes of this chapter, including, but not limited to:
1. Infiltration Of Floodwaters: Modification of water disposal and water supply facilities to minimize or eliminate infiltration of floodwaters. A permit shall be received from the South Central Public Health District who shall determine the specific system to be used.
2. Periods Of Use: Limitations of periods of use and operation.
3. Operational Controls: Imposition of operational controls, sureties and deed restrictions.
4. Certification: Certification in writing by a registered engineer after completion that work was done according to approved plans and County requirements.
5. Drainage: Overflow channels and upland drainage swales shall remain open and unobstructed.
6. Woody Debris Removal: No-net removal of woody debris and other vegetation within the Floodplain Overlay District.
7. Revegetation: Revegetation of all disturbed areas within the floodplain and/or riparian setback. Security agreement may be drawn up for up to one hundred fifty percent (150%) of the estimated cost of work, or other amount as determined by the hearing examiner, commission or Board.
8. Construction Material Placement And Removal: Project staging materials and equipment that is temporarily stockpiled shall be removed from the site from April 1 to June 15 or stored outside of flood-prone areas.
9. Expiration Of Permit: Permit shall expire at time determined by the hearing examiner, commission or Board.
10. Permit Exemptions: Stating that the approval does not exempt the applicant from requirements of other agencies.
11. Best Management Practices: Requiring that Best Management Practices, as outlined by Idaho Department of Environment Quality, are maintained throughout implementation of the project and until vegetation is established for purposes of stormwater management and drainage. (Ord. 77-5, 3-28-1977, eff. 4-7-1977; amd. Ord. 88-4. 9-13-1988; Ord. 91-9, 7-22-1991; Ord. 93-6, 7-19-1993; 1996 Code; Ord. 96-3, 4-8-1996; Ord. 2001-03, 3-19-2001; Ord. 2006-13, 10-26-2006; Ord. 2006-18, 11-2-2006; Ord. 2010-08, 11-16-2010; Ord. 2010-13, 1-18-2011; Ord. 2014-03, 8-19-2014; Ord. 2019-02, 1-8-2019)