(A)   There is hereby created a special use permit, C-2A.

   (B)   Upon application of any person or entity owning or renting property in a C-2 zone, the city of Burley planning and zoning commission may grant a C-2A special use permit for the property upon the following findings:

      1.   Good cause exists for the special use permit.

      2.   The special use permit will not infringe on existing and foreseeable future uses of other property in the city of Burley.

      3.   The special use permit is in the public interest.

      4.   Granting the application for the special use permit will comply with Idaho Code section 67-6512.

   (C)   Except as provided in this section, the requirements of the C-2 district apply to a property receiving a C-2A special use permit. (Ord. 1195, 11-15-2005)

   (A)   All uses permitted in the C-2 district.

   (B)   Enclosed manufacturing facilities where component parts are used to construct a finished product subject to the following conditions:

      1.   All activities must take place in an enclosed building having appearance and characteristics consistent with C-2 zoning, and be continuously maintained in that condition.

      2.   No component parts, materials, supplies or other items be placed or stored outside the building at anytime.

      3.   No trash, waste or excess materials be placed or stored outside the building at any time.

      4.   No finished product be stored outside the premises.

      5.   There be no offensive noise, odor, or activity negatively affecting the use and enjoyment of other property or the public.

      6.   No materials or processes be used which create a danger or nuisance to the general public.

      7.   Deliveries of component parts do not negatively affect the use and enjoyment of other property or the public. (Ord. 1195, 11-15-2005)

Upon the granting of a special use permit, conditions may be attached to a special use permit by the planning and zoning commission including, but not limited to:

   (A)   Minimizing adverse impact on other development;

   (B)   Controlling the sequence and timing of development;

   (C)   Controlling the duration of development;

   (D)   Assuring that development is maintained properly;

   (E)   Designating the exact location and nature of development;

   (F)   Requiring the provision for on site or off site public facilities or services;

   (G)   Requiring more restrictive standards than those generally required in an ordinance;

   (H)   Requiring mitigation of effects of the proposed use upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (Ord. 1195, 11-15-2005)

The Burley building inspector shall inspect each property granted a C-2A special use permit annually to assure compliance with the terms of the permit. (Ord. 1195, 11-15-2005)

   (A)   Any affected person, or the Burley building inspector, may apply to the planning and zoning commission for revocation of a C-2A special use permit.

   (B)   Upon an application for revocation the planning and zoning commission shall direct the Burley building inspector to inspect the premises and prepare a written report identifying violations of the special use permit, if any.

   (C)   The planning and zoning commission shall hold a public evidentiary hearing, meeting the notice and hearing requirements for granting the permit, within thirty (30) days from the date the application is filed. The Burley building inspector shall submit his report at the hearing. Any person may present evidence at the hearing.

   (D)   In the event the commission finds by a preponderance of the evidence that any condition of a C-2A special use permit is not being met:

      1.   The planning and zoning commission may immediately revoke the permit. Upon revocation all activities inconsistent with a C-2 zoning shall immediately cease.

      2.   In lieu of immediate revocation the commission may issue a probationary order establishing specific terms and conditions under which C-2A uses may continue while nonconforming activities are corrected or discontinued. (Ord. 1195, 11-15-2005)

Any decision of the Burley planning and zoning commission granting, denying, or revoking a C-2A special use permit, or issuing a probationary order, may be appealed to the Burley city council. Appeal shall be by the following procedure:

   (A)   The appellant shall give written notice of the action appealed from, and the relief sought, by filing with the Burley city clerk within five (5) days from the action.

   (B)   The hearing on the appeal will be scheduled before the Burley city council not less than ten (10) nor more than thirty (30) days after the date the notice was filed.

   (C)   C-2A uses may continue until the appeal is resolved.

   (D)   If the Burley city council finds the planning and zoning commission failed to follow correct procedures, or failed to consider material facts it may remand the matter with instructions for further consideration by the commission.

   (E)   If the Burley city council finds the matter should be considered on the merits by the council it may order a public evidentiary hearing meeting the notice and hearing requirements for granting the permit. The council shall consider the matter de novo at the hearing. Any person may present evidence at the hearing. (Ord. 1195, 11-15-2005)