The purpose of a special (also known as "conditional") use permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted because of their particular characteristics: the size of the area required for full development of such uses; traffic and parking incidental to their operation; and/or the effect such uses may have on adjoining land uses and on the growth and development of the area in which they are proposed to locate. Since such uses may be suitable only in specific locations, or only if designed and laid out in a particular manner, or only if subjected to specific conditions to assure compatibility with its surroundings, the peace, health, safety, and general welfare are best promoted if such uses are authorized only by special (conditional) use permit in accordance with the standards set forth herein. (Ord. 263, 7-12-2005)

The city council shall hear and decide all requests for special (conditional) use permits. In granting any special (conditional) use permit, the council may impose conditions to safeguard and protect the public health, safety, and promote the general welfare, and to ensure that the development so authorized is in accordance with approved plans and is consistent with the objectives of this title. (Ord. 263, 7-12-2005)

Application for a special (conditional) use permit may be initiated by the verified application of the record owner or owners of the subject property or authorized agent thereof. (Ord. 263, 7-12-2005)

Applications for conditional use permits shall be made upon forms available from the city, and shall contain all information necessary to evaluate the proposal, including, but not limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data to support that the required findings of fact exist with respect to the proposed conditional use permit. The application shall contain a statement containing any facts, arguments, or grounds in support of the special (conditional) use permit which the applicant wishes to make. Such applications and accompanying materials shall be filed with the city clerk- treasurer.

   A.   The application shall include a review and analysis of the comprehensive impacts of the proposed special (conditional) use permit.

   B.   The city council may require additional studies of social, economic, fiscal, and environmental effects of the proposed special/conditional use in a more specific fashion than those generally required in subsection A of this section. (Ord. 263, 7-12-2005)

Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each application for a conditional use permit for the purpose of defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. (Ord. 263, 7-12-2005)

When an application for a special (conditional) use permit is filed, a public hearing shall be scheduled before the city council. The city clerk-treasurer shall give notice of the public hearing specifying the date, time, and place of the hearing or hearings, and providing a general description of the nature and location of the proposal (including a location map when applicable). Such notice shall be given at least fifteen (15) days in advance of the hearing, all in accordance with the following: (Ord. 263, 7-12-2005)

   A.   The applicant for a special (conditional) use permit shall obtain the names and addresses of all adjacent property owners/purchasers of record within three hundred feet (300') of the property and shall furnish these names and addresses to the city clerk-treasurer. If the property contiguous to that property proposed for special (conditional) use permit is owned by the same person or entity, the owners of contiguous property within three hundred feet (300') of that owned by the applicant shall also be notified. The notice required by this section shall be provided to these property owners/purchasers of record by first class mail, by the city clerk-treasurer, but at the applicant's expense. (Ord. 263, 7-12-2005; amd. 2006 Code)

   B.   The city shall cause the notice required by this section to be posted, by the applicant, along all perimeter property lines on the property involved. Such posted notice shall be prominently displayed on a bright colored background, with the term "Public Notice" in large enough type to be visible from a vehicle on an adjacent street or alley, and to any person walking along adjoining interior property lines.

   C.   The city clerk-treasurer shall cause the notice required by this section to be posted at the city hall, and at other public locations (such as the public library and the post office).

   D.   The city clerk-treasurer shall cause the notice required by this section to be published once in the official newspaper of the city.

   E.   In the event that notice is required to two hundred (200) or more property owners or purchasers of record, in lieu of mailed notice, the aforestated published notice shall be at least four inches (4") by two (2) columns in size pursuant to Idaho Code section 67-6512(c), the site's posting shall still apply, and the posting of the notice in public locations shall still apply.

   F.   The continuance of a public hearing through verbal motion at a regular or special meeting of the city council, and posting of the continuance at the established posting places, shall be deemed as adequate notice to the public. (Ord. 263, 7-12-2005)

A special (conditional) use permit shall be granted only if the city council first finds that each of the following exists:

   A.   The proposed use will be consistent with the various elements and policies of the comprehensive plan;

   B.   The use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment;

   C.   The use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property; and

   D.   Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are or will be provided for the proposed use. (Ord. 263, 7-12-2005)

In accordance with Idaho Code section 67-6512(d), upon the granting of a special (conditional) use permit, conditions may be attached to the same including, but not limited to, those which:

   A.   Minimize adverse impacts on other development;

   B.   Control the sequence and timing of development;

   C.   Control the duration of development;

   D.   Assure that development is maintained properly;

   E.   Designate the exact location and nature of development;

   F.   Require the provision for on site and off site public facilities and/or services;

   G.   Require more restrictive standards than those generally required by an ordinance; and

   H.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the city. (Ord. 263, 7-12-2005)

   A.   The decision of the City Council shall be in writing, and shall be issued by e-mail to the applicant and parties of record (the applicant and those others who have provided written or oral testimony during the public hearing process and requested notice of the decision) within fifteen (15) days after City Council's written adoption of said notice of decision. Every notice of decision shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code, as it now exists or is subsequently amended.

   B.   The decision of the City Council shall set forth a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision. The City Council shall analyze all proposed special (conditional) use permits to ensure that they are not in conflict with the policies of the Comprehensive Plan or the zoning ordinance.

   C.   The granting of a special (conditional) use permit shall not be considered as establishing a binding precedent to grant other special (conditional) use permits.

   D.   A special (conditional) use permit shall not be transferable from one parcel of land to another. (Ord. 410, 1-17-2017)

   A.   Reconsideration: Every applicant or affected person seeking judicial review of the City Council's final decision must first file with the City Council a written petition for reconsideration of the Council's decision, specifying deficiencies in the decision for which reconsideration is sought within fourteen (14) days.

      1.   The City Council may reconsider its decision only if it finds any of the following:

         a.   There was a clerical error in the decision;

         b.   The decision resulted from fraud or mistake;

         c.   There is newly discovered evidence or a change in circumstances;

         d.   There was a procedural error;

         e.   The Council previously rejected the application by a tie vote; or

         f.   The decision was made in violation of substantive law.

      2.   The City Council shall review the petition for reconsideration at its next regular meeting and decide whether to reconsider the matter. If the City Council grants reconsideration in whole or in part, a hearing before the City Council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in section 8-7-6 of this chapter. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law.

      3.   Following the hearing on the reconsideration, the City Council may affirm, reverse, or modify, in whole or in part, its prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the City Council fails to timely decide, the request for reconsideration is deemed denied.

   B.   Judicial Appeals: After a notice of decision is issued, or after a revised notice of decision is issued under a reconsideration proceeding, any aggrieved party with standing to appeal, may appeal the decision to a court of competent jurisdiction. (Ord. 410, 1-17-2017)

Every right or privilege authorized by the grant of a special (conditional) use permit shall terminate two (2) years after the granting of such permit, if special (conditional) use permit implementation has not been initiated via appropriate permits, and also completed during such time frame. The City Council may grant an extension for special (conditional) use implementation for cause, not to exceed one (1) year. (Ord. 263, 7-12-2005)

The City Council shall have continuing jurisdiction over any special (conditional) use permit. To consider the revocation of a special (conditional) use permit, the City Council shall hold a public hearing after giving notice in accordance with this chapter. The City Council may revoke and terminate the conditional use permit in whole or in part, reaffirm the conditional use permit, modify the conditions, or impose new conditions. A conditional use permit may only be revoked, or conditions modified or added, on any one (1) or more of the following grounds:

   A.   The conditional use permit was obtained by fraud or misrepresentation; or

   B.   The conditional use permit has been exercised contrary to any of the terms or conditions of approval; or

   C.   The use is in violation of any statute, ordinance, law, or regulation; or

   D.   The use permitted is being or has been so exercised as to be detrimental to the public health, safety, or welfare, or so as to constitute a nuisance. (Ord. 263, 7-12-2005)