A "conditional use" is a use otherwise prohibited by the terms of this title in a given district, but which may be allowed with conditions under specific provisions of this title and when not in conflict with the city comprehensive plan. (1974 Code § 4-1901)

The commission may authorize, in special cases, a conditional use permit, subject, however, to the minimum conditions and requirements of the zoning district in which they are located and subject to additional conditions and requirements necessary to protect the best interests of affected persons and the city as a whole. (1974 Code § 4-1902)

An application for conditional use permit shall be filed with the planning and zoning clerk by at least one owner or lessee of property for which such conditional use is proposed or for which an expansion of more than twenty five percent (25%) over the original square footage approved through the conditional use permit process or a total increase in square footage over ten thousand (10,000) square feet, whichever is less, or relocation of an existing conditional use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and phone number of applicant;

   B.   Legal description of property;

   C.   Description of existing use;

   D.   Zoning district;

   E.   Description of proposed conditional use;

   F.   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed conditional use meets the intent and requirements of this title;

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan. (1974 Code § 4-1903)

The commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location will:

   A.   In fact, constitute a conditional use as established by zoning requirements for the district involved;

   B.   Be harmonious with and in accordance with the comprehensive plan and/or zoning regulations;

   C.   Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   D.   Not be hazardous or disturbing to existing or future neighboring uses;

   E.   Be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services;

   F.   Not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   G.   Not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

   H.   Have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and

   I.   Not result in the destruction, loss or damage of a natural or scenic feature of major importance. (1974 Code § 4-1904)

In granting any conditional use, the commission may prescribe conditions, bonds and safeguards in conformity with this title. Violations of such conditions, bonds, or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title. (1974 Code § 4-1905)

Upon receipt of the application for a conditional use permit, the commission shall hold a public hearing, publish notice in the official newspaper and give written notice to all parties as required for variance permits. (1974 Code § 4-1906; amd. 2010 Code)

   A.   Issuance: Within forty five (45) days after the public hearing, the commission shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the planning and zoning clerk to issue a conditional use permit listing the specific conditions specified by the commission for approval.

   B.   Conditions Attached: Upon granting of a conditional use permit, conditions may be attached to a conditional use permit, including, but not limited to:

      1.   Minimizing adverse impact on other developments;

      2.   Controlling the sequence and timing of developments;

      3.   Controlling the duration of development;

      4.   Assuring that development is maintained properly;

      5.   Designating the exact location and nature of development;

      6.   Requiring the provision for on site or off site public facilities or services;

      7.   Requiring more restrictive standards than those generally required in this title.

   C.   Request Studies: Prior to granting a conditional use permit, the commission may request studies from the planning and zoning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.

   D.   Specifications By Commission: Upon granting or denying an application the commission shall specify:

      1.   The regulations and standards used in evaluating the application;

      2.   The reasons for approval or denial;

      3.   The actions, if any, that the applicant can take to obtain a permit. (1974 Code § 4-1907)

Within ten (10) days after a decision has been rendered, the planning and zoning clerk shall provide the applicant with written notice of the action on the request. (1974 Code § 4-1908)

   A.   Right Of Appeal: The applicant or any affected person who appeared in person or in writing before the commission may appeal the decision of the commission to the governing board, provided a written appeal is submitted to the governing board within fifteen (15) days from the commission's action.

   B.   Hearing: Upon receipt of an appeal from the action of the commission, the governing board shall set a hearing date, under the same provisions as the commission hearing, to consider all information, testimony and the commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision of the commission. (Ord. 929, 5-14-2007)

A conditional use permit is not transferable from one parcel of land to another, but may be transferable from one owner to another, provided all conditions of the conditional use permit continue to be met as follows:

   A.   Not Established For One Year: Conditional uses which have not been established within one year of the date of issuance of the conditional use permit, may be reviewed by the commission to determine if the facts and circumstances have changed; the commission may call for a new conditional use permit application.

   B.   Discontinued For One Year: A conditional use which has been discontinued for a period of one year shall not be reestablished without a new conditional use permit. (1974 Code § 4-1910)

All conditional use permits or variances approved by the commission are subject to review by the governing board. If the governing board decides to revoke a conditional use or variance, either on its own objection or upon complaint of an interested or affected person, the governing board shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation. If the permit holder contests the revocation of the permit by delivering to the planning and zoning clerk a letter of contest, the governing board shall hold a hearing on the revocation. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land which was issued the permit. The governing board shall make findings of fact and conclusions of law supporting its decision to revoke the permit. If the governing board does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. An aggrieved permit holder or complainant may, within twenty eight (28) days, appeal the decision of the governing board under the administrative procedures act of the state of Idaho, Idaho Code sections 07-5270 through 67-5278. (Ord. 929, 5-14-2007)