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)