9.      TEMPORARY USE PERMITS

9.1. Deciding Body: Board of county commissioners.

9.2. Definition: A temporary use is a use of limited and specific duration which, due to its intensity, would otherwise be prohibited or be considered to be objectionable or cause undue impact within a zone district, but which can be anticipated and planned for by the establishment, by the applicant, of a specific termination date or other binding limitations, conditions and safeguards so as to mitigate potential adverse long-term impacts.

9.3. Applicability: When a temporary use is proposed in any zone district, a temporary use permit shall be approved prior to the onset of development. Upon approval, the temporary use permit, and any terms or conditions attached thereto, will become the controlling plan for the conduct of the use for its duration, to include site reclamation, and may not be changed or expanded without action by the board of county commissioners.

9.4. Duration of Permit: Where a temporary use permit is granted, it will remain in effect for the duration of that use and terminate on the date the site is reclaimed or on the end date specified in the permit, or when the binding limitations take effect, whichever comes first.

9.5. Penalties for Violation: Failure to obtain a temporary use permit prior to establishing a use for which one is required will constitute a misdemeanor pursuant to Section 4.1.3.6. Failure to comply with a temporary use permit will constitute an infraction pursuant to Section 4.1.1.6. If the property owner is found guilty of more than two infractions, of the same kind, within a two year period then the charge will increase to a misdemeanor.

9.6. Administration:

9.6.1.      Applicant: It is the responsibility of the applicant, on forms provided by the administrator, to provide at the time application is made sufficient information, detail, data and documentation so as to demonstrate to the planning and zoning commission that the proposed temporary use is compatible with the zone district and surrounding land uses, that the use proposed meets applicable specific standards established by this ordinance and that the use can be carried out without undue adverse impact on surrounding properties or uses and without imposing unfair burden on the taxpayers of Boundary County. Applications for a temporary use require a timeline for the development and conduct of the use as well as a reclamation plan to be completed upon conclusion of the use. In order to allow time for processing, the completed application should be turned in to the administrator at least 130 days prior to the onset of the use.

9.6.2.      Administrator: Upon receipt of a completed temporary use permit application and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission pursuant to Section 19. Following the deadline for receipt of written comment and at least one week prior to the scheduled public hearing, the administrator will mail copies of the application, to include documentation and written comment received, to each member of the planning and zoning commission for review. The mailing will also include a staff analysis which will:

9.6.2.1. Summarize the scope and nature of the proposed special event.

9.6.2.2. Establish the specifics of the site on which the use is proposed, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

9.6.2.3. Identify all overlay zones, hazardous areas or special sites that might be effected by the proposed use.

9.6.2.4.Cite comprehensive plan considerations.

9.6.2.5. Cite provisions of this ordinance applicable to the specifics of the application, to include specific standards applicable to the use proposed.

9.6.2.6. Cite precedents that might be applicable to the specifics of the proposal.

9.6.3.      Planning and Zoning Commission: The planning and zoning commission will hold public hearing on the proposed temporary use. Based on the materials in the application, staff analysis and testimony presented in writing or during public hearing, members of the planning and zoning commission will hold discussion to consider the use proposed and, if applicable, terms and conditions so as to develop reasoned findings and recommendation to county commissioners.

9.7. Considerations: When considering a temporary use application, the planning and zoning commission should determine, at minimum:

9.7.1.      Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

9.7.2.      Whether the proposed use conforms to all applicable standards established by this ordinance.

9.7.3.      Whether there is sufficient land area to accommodate the proposed use and whether the use is so arranged and conducted so as to minimize adverse effects on surrounding properties and uses.

9.7.4.      Whether concerns raised by other departments, agencies or public service providers, including but not limited to road and bridge, water, sewage disposal, electricity and fire protection, can be adequately addressed and resolved.

9.7.5.      Whether specific concerns raised through the public hearing process have validity and whether those concerns can be adequately addressed by imposing conditions or restrictions.

9.7.6.      Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms and conditions would be adequate to eliminate or mitigate those effects.

9.7.7.      Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed use.

9.8. Terms and Conditions: In considering approval of an application to establish a special event, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety, provided such terms and conditions address conditions specific to the use proposed so as not to constitute a taking of property rights. Such terms and conditions may, but are not limited to:

9.8.1.      Control the sequence and timing of development.

9.8.2.      Establish or limit hours of operation.

9.8.3.      Establish limits on the timing and/or duration of potentially disruptive activities.

9.8.4.      Require the installation of public services or utilities as recommended by providers.

9.8.5.      Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

9.8.6.      Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

9.8.7.      Require specific security measures, such as security staff, fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

9.8.8.       Require proof of compliance with other county, state or federal regulations.

9.9.Findings and Recommendation: Upon conclusion of public hearing and based on the findings developed, the planning and zoning commission may, by motion and majority vote:

9.9.1.       Recommend Approval: Forward written recommendation to county commissioners to approve the application, establishing recommended terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision.

9.9.2.      Recommend Disapproval: Forward written recommendation to county commissioners to disapprove the application, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision.

9.9.3.      Render Considerations: Forward to commissioners written considerations when the planning and zoning commission is split and unable to reach consensus on a recommendation. These written considerations will specify issues of contention and the rationale of members on each side of the issue, to include any terms or conditions proposed. Final action will be tabled until the next regular meeting to allow review and approval of written considerations, with motion and majority vote authorizing the chairman to sign.

9.10.                    Board of County Commissioners: Upon receipt of findings and recommendation, the administrator will schedule public hearing before the board of county commissioners pursuant to Section 19. Based on the materials in the application, the findings of the planning and zoning commission and new testimony presented in writing or during public hearing, members of the board of county commissioners will hold discussion to consider a decision and, if applicable, terms and conditions so as to develop reasoned findings so as to:

9.10.1.  Approve: Approve the application, setting a specific date on or conditions upon which the permit shall expire, terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the board of county commissioners, final action may be tabled to allow review and approval of the written findings and decision. On receipt of a signed decision to approve, the administrator will issue the applicant a temporary use permit, to include terms conditions established.

9.10.2.  Disapprove: Disapprove the application for cause, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the board of county commissioners, final action may be tabled to allow review and approval of the written findings and decision. On receipt of a signed decision to disapprove, the applicant will be provided a copy of those findings and advised of rights to appeal.

9.10.3.  Table: Table a final decision to allow the applicant to obtain documentation of agency approvals or to provide additional specific information when the board of county commissioners is likely to approve the application but:

9.10.3.1.         The site plan and/or other documentation fail to provide a clear and definable description of the scope of the development or use proposed.

9.10.3.2.         Portions of the application fail to conform to specific standards established by this ordinance.

9.10.3.3.         Additional agency approvals are established as a condition of approval requiring proof of compliance before additional development can proceed.