CHAPTER 25
CONDITIONAL USE PERMITS
CONDITIONAL USE PERMITS
SECTION:
9-25-1: General
9-25-2: Application For Conditional Use Permit
9-25-3: Standards For Evaluation
9-25-4: Public Hearing And Notice
9-25-5: Action By The Commission Or The Board
9-25-6: Notification By The Administrator
9-25-7: Appeals Process
9-25-8: Expiration And Renewal
9-25-9: Special Provision
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 welfare and guarantee conformance with the plan, permits are required for such uses upon review by the commission or the board when concurrent stream alteration permit applications are submitted which require board approval. (Ord. 96-3, 4-8-1996; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
An application for a conditional use permit shall be filed with the administrator by at least one holder of an interest in the real property for which such conditional use is proposed, accompanied by the fee specified in section 9-3-9 of this title. Planned unit developments and mobile/manufactured home subdivisions, mobile/manufactured home parks, and mobile/manufactured home PUDs shall follow the fee schedule set forth in section 10-1-5 of this code. At the administrator's discretion, based on appropriate findings, a conditional use permit application may be referred to the county engineer for technical review. Such review shall be at the applicant's expense and shall be paid by the applicant prior to public hearing.
A. Minimum Information: The application shall include at least the following information:
1. Name, address and phone number of the applicant.
2. Legal description of the property.
3. Description of existing use.
4. Zoning district.
5. Description of proposed conditional use.
6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, easements, existing and proposed grade, landscaping, refuse and service areas, utilities, signs, outdoor lighting, rendering of building exteriors, property lines and north arrow, and such other information as the commission or the board may require to determine if the proposed conditional use meets the intent and requirements of this title.
7. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district and the relationship of the proposed use to the comprehensive plan. When the proposed use involves a potential contaminant source or potential contaminant as set forth in appendix A of this title, on file in the county, and is located within a wellhead protection area, the narrative statement shall also describe the measures that have been taken to mitigate potential adverse impacts to potable water sources.
8. A list of the names and addresses of all property owners and residents within three hundred feet (300') of the external boundaries of the land being considered. When the project is located within a wellhead protection area, the name and address of the affected public water system owner(s) shall also be provided.
9. For any conditional use permit application required in chapter 17 of this title, the applicant shall stake the exterior boundaries of the proposed structure and demarcate with steel posts and wire the stream setback areas not to be encroached upon during construction. This staking shall be performed two (2) weeks prior to the public hearing for the conditional use permit.
B. Additional Application Requirements: Additional application requirements for a conditional use permit in the Floodplain Overlay District are set forth in subsection 9-17-9B of this title.
C. Applications For Gravel Or Shale Pit, Etc.: Applications for a gravel or shale pit, public works gravel or shale pit, or public works asphalt plant shall include a site and vicinity plan showing the area to be utilized, the amount of material to be extracted, crushed, or stockpiled, the three hundred feet (300') adjoining the property in all directions, and a plan for recontouring the excavated area. A performance bond in favor of the County of five hundred dollars ($500.00) per acre to ensure the adequate recontouring of the area and full compliance with all conditions of the permit shall accompany the application. This bond shall be released upon determination that an excavated area complies with all conditions attached to the permit.
D. Temporary Mobile Home: Conditional use permit applications for a temporary mobile home while constructing a permanent residence may be granted by the Administrator upon the Administrator's finding of negative adverse impact.
E. Aquaculture: In any zone, a conditional use permit shall be required for "aquaculture", which is defined as the commercial raising of fish in a fish hatchery. The operation of a processing plant shall be considered a conditional use and must be secondary to the fish hatchery, except in a Heavy Industrial (HI) Zone.
F. Concurrent Submission: A conditional use permit application may be submitted and reviewed concurrently with other applications affecting the same piece of property, with the approval of the Administrator. The Administrator may require concurrent submission of a conditional use permit application(s) with other land use applications affecting the same parcel(s) of property. Additional time for review of concurrent applications may be specified by the Administrator. Concurrent submissions will be voted on separately.
G. Wellhead Protection Area: 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, the applicant shall provide a report and plans by a qualified Idaho licensed engineer which describe how the project will be designed and constructed to mitigate adverse impacts on potable water source(s). The applicant shall solicit and document the request for written agency comment from Idaho Department of Environmental Quality, and, in addition, written comment from any other appropriate agency, including, but not limited to, owners of public water systems located within the wellhead protection area, if this is determined by the Administrator to be necessary before the application is certified as complete and scheduled for public hearing. (Ord. 2012-05, 6-5-2012; Ord. 2011-01, 1-18-2011; Ord. 2010-06, 5-25-2010; Ord. 2006-13, 10-26-2006; Ord. 96-3, 4-8-1996; Ord. 95-2, 3-6-1995; Ord. 93-6, 7-19-1993; Ord. 92-5, 9-14-1992; Ord. 91-9, 7-22-1991; Ord. 90-4, 6-11-1990; Ord. 79-6, 10-10-1979; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
A. Review: The commission or the Board shall review the particular facts and circumstances of each proposed conditional use in the terms of the following standards and shall find adequate evidence showing that such use at the proposed location:
1. Will, in fact, constitute a conditional use as established for the zoning district involved;
2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;
3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. All outdoor lighting shall comply with chapter 29A of this title;
4. Will not be hazardous or disturbing to existing or future neighboring uses;
5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, dust, odors, vibration, water pollution or safety hazards. Water pollution includes impact to surface and ground water and potable water sources. 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, the commission shall consider the impact of the project on potable water sources and determine whether there is sufficient information in the record to demonstrate that the project has been designed to mitigate adverse impact to potable water source(s);
8. Will have vehicular approaches to the property which shall be designed as not to create an interference with traffic on surrounding public thoroughfares;
9. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance; and
10. 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.
B. Additional Standards: Additional standards for applications for a conditional use permit in the Floodplain Overlay District are set forth in section 9-17-9 of this title. (Ord. 2011-01, 1-18-2011; Ord. 2010-06, 5-25-2010; Ord. 2006-13, 10-26-2006; Ord. 2001-03, 3-19-2001; Ord. 96-3, 4-8-1996; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
Each application will be reviewed at a public hearing for which adequate public notice will be given.
A. Review: Allowing sufficient time to conduct a site visit and write staff reports, the Administrator shall then schedule the completed application to be heard by the commission or the Board whenever the next regular agenda opening is available and the advertising requirements can be met. If no regular meeting time is available within ninety (90) days of certification, the Administrator shall call a special commission meeting, to be held not more than three (3) weeks after the end of the ninety (90) days, to hear the application.
B. Public Hearing: Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held.
C. Notice: Notice of the time, date and place of the hearing and a summary of the proposal shall be given to the general public, local newspaper, purchasers of record, and potable water source owners as follows:
1. Publication: One publication in the official newspaper or paper of general circulation within the County's jurisdiction at least fifteen (15) days prior to the hearing.
2. Notice To Property Owners And Potable Water Source Owners: Notice to property owners or purchasers of record and potable water source owners within:
a. The land being considered;
b. Three hundred feet (300') of the external boundaries of the land being considered;
c. Affected public water system owners when the project is located within a wellhead protection area; and
d. Any additional area that the commission, in accordance with subsection C3 of this section, determines necessary.
3. Determination Of Proper Notice: As set forth in Idaho Code, section 67-6512, notice shall be provided to property owners or purchasers of record that may be substantially impacted by the proposed conditional uses as determined by the commission or the Board. To implement this statute, the commission or the Board shall make a finding at the time the advertised item is to be publicly heard as to whether proper notice was given. If owners or purchaser of record that may be substantially impacted by the proposed conditional uses, as determined by the commission or the Board, were not notified, then these entities shall be notified and the hearing continued, as set forth in section 9-25-5 of this chapter.
4. Posting On Premises: A notice sign, as provided by the planning department, shall be posted by the applicant on the premises not less than one week prior to the hearing. The visibility of the on site posting shall be as follows:
a. Location Of Posting: Posting location shall be on the property line closest to a public thoroughfare or, if no such thoroughfare exists, on the property line of the nearest adjoining property not owned by the applicant, a property of which the applicant has a proprietary interest, or the government.
b. Size Of Notice Sign: Approximately six (6) square feet.
5. Supplying Of Names And Addresses: The applicant is responsible for providing the names and addresses specified in this subsection C.
D. Notice Requirements For Over Two Hundred Property Owners: When notice is required to two hundred (200) or more property owners or purchasers of record, the following notice procedure shall be used:
1. Prior to the hearing, notice of the time, date and place, as well as a summary of the proposal shall be given to the public. To ensure that the public is properly noticed, this information shall be posted on site and published in the newspaper as follows:
a. Newspaper: Fifteen (15) days prior to the hearing the following notice shall be given in the official newspaper and one additional paper of general circulation within the jurisdiction:
(1) One publishing.
(2) A reasonable sized advertisement, as determined by the administrator, which is not less than two (2) columns by four inches (4"). This advertisement shall be paid for by the applicant.
E. Continuance Of Hearing: In any public hearing on a conditional use permit application, the commission or the board may order the hearing to be continued up to thirty one (31) days at the same place, in which case no further published notice shall be required other than that requested by the commission or the board. (Ord. 2006-13, 10-26-2006; Ord. 96-3, 4-8-1996; Ord. 95-2, 3-6-1995; Ord. 92-3, 5-11-1992; Ord. 77-5, 3-28-1977, eff. 4-7-1977; Ord. 2023-01, 1-3-2023)
A. Conditions: The commission or the board shall enter an order approving, conditionally approving or disapproving the application within thirty one (31) days after conclusion of the public hearing together with the reasons therefor. Conditional uses are subject to the conditions specified prior to issuance of their permits. Conditions which may be attached include, but are not limited to, those which will:
1. Minimize adverse impact on other development.
2. Control the sequence, timing and duration of development.
3. Assure that development is maintained properly.
4. Designate the exact location and nature of development.
5. Require the provision for on site or off site public facilities or services.
6. Mitigate foreseeable social, economic, fiscal and environmental effects, including the effect on potable water sources when the project is located within a wellhead protection area. The commission may impose reasonable conditions of approval to protect the surface and/or ground water from contamination, including, without limitation, the installation by the applicant of monitoring wells and the granting of easements relating to such wells.
7. Require more restrictive standards than those generally required in this title.
B. Gravel Or Shale Pit Conditions: Permits for gravel or shale pits may be granted subject to the following specific conditions:
1. Permits shall be granted for a period of two (2) years or less.
2. Excavation shall take place no closer than ten feet (10') from any property line or right of way.
3. Excavation and hauling of gravel shall be operated only between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., or confined to weekdays unless exceptions for special project require longer hours or weekend and holiday work.
4. All topsoil must be stockpiled to be used to restore the excavation area at the termination of the permit. Excavated areas shall be back sloped and smoothed and all traces of excavation shall be removed.
5. The minimum distance from any natural stream shall be established by the commission or the Board.
6. Access roads may be required to be paved if the use of any unpaved access road would interfere with the health and safety of others or interfere with the enjoyment of residential or recreational property rights.
7. All uses in connection with the gravel pit shall set back at least one hundred feet (100') from any major arterial.
8. All uses shall be subject to most recent State and Federal Air Pollution Regulations.
C. Floodplain Overlay District Conditions: Conditions attached to conditional use permits in the Floodplain Overlay District are described in subsection 9-17-9F of this title.
D. Public Works Asphalt Plants And Gravel And Shale Pit Conditions: Permits for public works asphalt plants and public works gravel or shale pits may be granted subject to the following specific conditions:
1. The scrubbing ponds and all fuel material tanks, used with public works asphalt plants, shall be placed over lined pits capable of preventing any seepage into the ground, watercourses or water table.
2. All uses shall be subject to the most recent State and Federal EPA, OSHA and air pollution standards.
3. A restoration plan shall be filed with each application. Restoration work shall be completed within one growing season after the completion of the project.
4. An application shall contain:
a. A proposed timetable for each phase of the use;
b. A statement indicating the need for the use and the approximate savings to be had over using an established nontemporary site for the public works asphalt plant or public works gravel or shale pit, so the commission or the Board may evaluate the need for the temporary site;
c. A statement indicating how such a temporary use will serve the public interest; and
d. A statement agreeing that no permanent change in the temporary site will take place other than the changes which take place with the removal of gravel.
5. Any other condition deemed appropriate in subsections A and B of this section.
E. Tier 2 Conditional Use Permits: Conditional use permits for tier 2 home occupations may be granted in all zoning districts except Resource Conservation District (RC-160) and Heavy Industrial District (HI) subject to the following specific conditions:
1. The home occupation shall be conducted by the inhabitants of the dwelling, with a maximum of two (2) non-resident employees.
2. If conducted within a dwelling, the home occupation shall use less than one-fourth (1/4) the gross floor area of the dwelling unit.
3. It shall not generate traffic exceeding that of regular traffic patterns for local streets (as identified in the current ITE Trip Generation Manual).
4. Outdoor display or storage of materials associated with the home occupation:
a. Shall be screened from view from adjacent public or private access ways and from the adjoining properties.
b. Shall not exceed twenty percent (20%) of the lot area or one acre, whichever is less, or a smaller area as established by the commission or hearing examiner.
c. Shall comply with the standards of any overlay district in which it is located.
(Ord. 2019-03, 1-8-2019; Ord. 2011-01, 1-18-2011; Ord. 2006-13, 10-26-2006; Ord. 96-3, 4-8-1996; Ord. 95-2, 3-6-1995; Ord. 92-5, 9-14-1992; Ord. 90-4, 6-11-1990; Ord. 77-5, 3-28-1977, eff. 4-7-1977)
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