The approval process for all permits requiring approval of the director, other than special notice permits and building permits, shall be as follows:
A. Application: The applicant must submit a complete application packet with sufficient copies for the review of other agencies, as determined by the director. Incomplete applications will not be processed. The following items constitute a complete application:
1. Application Form: A completed application form with the property owner's signature or a notarized letter from the property owner authorizing the applicant to act on the owner's behalf.
2. Fees: Fees as adopted by resolution of the board.
3. Site Plan: A detailed site plan and description of the proposed use which contains information sufficient to demonstrate compliance with applicable standards, and any other information reasonably requested by the director, shall be submitted with the application. The site plan must be drawn to scale, showing a north arrow, lot boundaries, location of all existing structures and utilities, the location, dimension and purpose of existing easements, the location of any proposed temporary structures, and any other relevant information regarding the site and the request.
4. Photographs: At least four (4) photographs of the site must be submitted which were taken at various angles and depict the general character of the site. The photographs must be accompanied by a map showing their respective locations and orientations.
5. Narrative: A narrative must be submitted which thoroughly describes the current condition of the property and what is being proposed. The narrative must explain why the request should be approved, how the proposal meets applicable provisions of this code, why approval would be in the public interest, and how approval would affect surrounding property owners and the public.
B. Agency Review: Upon submittal of a complete application, the director may forward application packets to agencies with jurisdiction requesting their review and input within thirty (30) days of the date on which the application package was sent. The applicant shall be responsible for determining whether other agencies have any additional fee or submittal requirements. The applicant must comply with any such requirements.
C. Required Findings: To approve an application, the director must make the following findings:
1. The applicant has met the relevant application requirements.
2. The proposal is in compliance with the applicable standards for the proposed use without variances, or with such variances as may be approved by the board.
3. The proposal is compatible with existing homes, businesses and neighborhoods, and with the natural characteristics of the area.
4. The proposal adequately addresses site constraints or hazards, and adequately mitigates any negative environmental, social and economic impacts.
5. Services and facilities for the proposal are available and adequate.
6. The proposal will meet the duly adopted requirements of other agencies with jurisdiction.
D. Order Of Decision:
1. After agency letters are received or the lapsing of thirty (30) days, whichever is earlier, the director shall review the relevant evidence in the record, and shall issue an order of decision within fourteen (14) days after the expiration of the agency comment period, unless the applicant expressly waives this time period in writing.
2. The order shall comply with the requirements of section 67-6535, Idaho Code.
3. If the decision is an approval, the order shall include any conditions, restrictions, or limitations of approval. If the decision is a denial, the order shall include the actions which the applicant could take to gain approval.
E. Conditions And Modification Of Approvals:
1. Administrative approvals may stipulate restrictions or conditions which uphold the spirit and intent of this title and are roughly proportional, both in nature and extent, to the reasonably expected impacts of the approved use, including, without limitation, a definite time limit, hours of operation, provisions for front, side, and rear yard setbacks less than or greater than the normally applicable standards, suitable landscaping, sight restrictions, or other conditions or safeguards which address reasonably expected impacts of the approved use. Approval may be conditioned on approval of other agencies with jurisdiction. Violation of any such conditions, when made a part of the terms under which the permit is granted, shall be deemed a violation governed under article 8.6 of this chapter.
2. A minor modification to a previously approved special notice permit may be granted by the director if it is determined that the requested modification would not constitute a substantial change to the findings and conclusions in the original approval, and that the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The director shall deny the requested modification upon a finding that the request constitutes a substantial change to the permit. In such cases, the applicant may apply for approval of a use or condition modification, as appropriate, in accordance with the procedures set forth in this section.
F. Appeals: Decisions made by the director may be appealed in accordance with article 8.5 of this chapter. (Ord. 493, 6-9-2016)