A. Additional Agency Approvals: Whenever approval by any governmental agency or district other than the county is required hereunder, the applicant shall be required to cooperate fully with such agencies or districts to ensure that a full review of the proposals may be accomplished by such agency.
B. Approval Process And Requirements:
1. The applicant shall schedule a preapplication meeting with the planning and zoning administrator to discuss the feasibility of the request and the application requirements.
2. The applicant shall submit a complete application with applicable fees. Incomplete applications will not be processed.
3. If the application is complete, the administrator will forward it to other reviewing agencies and organizations with relevant expertise or jurisdiction, requesting their evaluation and response within thirty (30) days (agency comment period). Agency responses should explain whether the proposal appears feasible and will meet the agency's requirements.
4. After the close of the agency comment period, the administrator reviews the relevant evidence in the record, and the administrator will schedule a public hearing before the board of county commissioners within thirty (30) days. At least thirty (30) days prior to the hearing before the board of county commissioners, the administrator shall publish a notice of public hearing in the newspaper of record. Once notice is published, no new information can be received from the applicant. The applicant shall provide the administrator with an adjacent property owners (APO) package establishing all adjacent property owners within three hundred feet (300') of the site (including any contiguous lots or parcels under the same ownership). The department shall mail notice to these neighbors on or before the newspaper publication date. At least thirty (30) days prior to the hearing, the administrator shall also post a notice upon the site. All written comments from property owners must be submitted fifteen (15) days prior to the hearing. Nothing in this section precludes submission of additional evidence or testimony at the time of public hearing. When notice is required to two hundred (200) or more property owners, in lieu of mailing notice, two (2) additional publications shall be provided.
5. The board of county commissioners shall conduct a hearing in accordance with current county ordinances. The applicant presents their proposal, addresses any issues that have been identified, and demonstrates that the project can meet the requirements of all agencies. The administrator will present the staff evaluation. Public testimony is taken, followed by closing remarks by the applicant. The commission shall review the recommendations and comments of the applicable agency comments and public testimony and shall issue an order of decision.
6. The applicant bears the burden of demonstrating compliance with the requirements. To approve a special use permit, the board of county commissioners must make the following findings:
a. The applicant provided adequate information to determine compliance with the requirements.
b. The proposal is in compliance with other county ordinances.
c. The proposal is compatible with the natural characteristics of the area.
d. The proposal adequately addresses site constraints or hazards.
e. Services and facilities for the proposal are available and adequate.
f. Public notice and the processing of the application met the requirement set forth in this title and Idaho Code.
7. The board of county commissioners shall make a decision within thirty (30) days of the close of the public hearing. If the proposal meets these requirements, it shall be approved. If the proposal does not meet these requirements, or if insufficient information was provided to determine compliance, it may be denied. Conditions may be attached to the approval.
8. The board shall have the authority to impose additional reasonable conditions which will mitigate or eliminate any adverse effects.
9. The board shall render its decision in writing within thirty (30) days of the close of the public hearing. The board shall outline the provisions and standards used within this title, the facts of the application, testimony received and such conclusions that support its decision. If the board denies the application, it shall specify in its decision the actions, if any, the applicant could take to obtain approval.
10. Appeals of the board's final decision shall be filed and taken pursuant to Idaho Code section 67-6519.
C. Conditions For Issuance: Permits shall be issued hereunder only when the conditions enumerated in this section have been fulfilled by the applicant.
1. Health And Sanitary Facilities: No permit shall be granted hereunder unless the applicants obtain the written approval of the state of Idaho Panhandle health district 1, health office.
2. Fire Protection: No permit shall be granted hereunder unless the administrator has received the written approval of the fire protection district in which the proposed activity is to be held. For areas outside of designated fire protection districts, subsection C4 of this section shall apply.
3. Parking Facilities/Traffic Impact: No permit shall be granted for any activity regulated hereunder unless the applicant demonstrates to the administrator, by means of a detailed scaled drawing, that adequate parking facilities and traffic impacts have been made available within or adjacent to the location for which the permit is requested. Such parking facilities shall provide parking space for one vehicle for each four (4) persons expected or reasonably expected to attend, view or participate in the proposed activity. Such parking facilities shall be provided off public roads or highways and adequate ingress and egress shall be provided to and from such parking areas. For large scale activities approval may be required by the county public works department, emergency services department and/or sheriff.
4. Public Safety/Crowd Control:
a. Requirements: No permit shall be granted hereunder unless the applicant has obtained the written approval of the county sheriff and/or emergency services department, indicating that the following conditions have been complied with:
(1) Adequate traffic control (pedestrian and vehicular travel) and crowd protection policing have been contracted for or otherwise provided by the applicant;
(2) Traffic and crowd control personnel shall be named persons acceptable to the county sheriff;
(3) The applicant will provide an adequate number of traffic control officers; approved by the sheriff.
b. Limitation On Admissions: If, at any time during the event, in the sheriff's opinion, public safety is jeopardized, the sheriff shall have the discretion to limit further admission.
5. Hours Of Operation: No permit issued hereunder shall authorize any activity regulated hereby between the hours of twelve o'clock (12:00) midnight and nine o'clock (9:00) A.M. of any day, unless otherwise approved by the board of county commissioners; such permit shall specify on its face the day, or days, and hours within which such activity may be held.
6. Financial Guarantee And/Or Indemnification: No permit shall be issued hereunder unless the applicant has on deposit with the county clerk:
a. Financial Guarantee: As set out hereinbelow indemnifying the county or any political subdivision within the county for costs incurred by reason of the expenses of extraordinary law enforcement, damage to public property, or the cost of providing any extraordinary sanitation or health services provided or caused by the holding of the activity.
b. Exoneration; Return: The bond or its balance shall be exonerated or returned when the county commissioners certify to the county clerk that either:
(1) No damage has been done; or
(2) The total of such costs or damage in the event such items total less than the bond amount.
c. Liability Insurance: No permit shall be issued hereunder unless the applicant has furnished evidence of general liability insurance coverage which will be determined by the Shoshone County prosecuting attorney.
7. Approval Of Physical Facility:
a. Specific Plans: When any type of physical facility is required or subject to approval hereunder, a permit may be granted (subject to withdrawal) based upon specific plans being proposed, submitted and approved hereunder.
b. Construction Completed; Inspection: All such facilities constructed under authority of such permit shall be in existence at least five (5) days prior to the commencement of the activity for which the permit is granted and shall be subject to inspection by the approving agency.
c. Failure To Meet Standards; Withdrawal Of Permit: Should the actual facility or construction fail to meet the standards approved in the proposed plans, the permit may be withdrawn. Notice of withdrawal shall be provided by mailing of written notice to the address of the applicant specifying the reasons for such withdrawal. (Ord. 146, 1-18-2012)