A.   Individual Consideration: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   B.   Hearing: The commission shall hold a public hearing on each special use permit application as specified in this chapter. The commission may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title. (Ord. 2009-05, 9-28-2009)

   A.   Contents Of Application: An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following:

      1.   Name, address and phone number of applicant;

      2.   Legal description of property;

      3.   Description of existing use;

      4.   Zoning district;

      5.   Description of proposed special use;

      6.   A plan of the proposed site for the special use showing the location of all buildings, parking and loading area, 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 special use meets the intent and requirements of this title; and

      7.   A narrative statement evaluating the effects on adjoining property: a) the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; b) a discussion of the general compatibility with adjacent and other properties in the zone; and c) the relationship of the proposed use to the comprehensive plan.

   B.   Fee: Payment of a filing fee in an amount as set by the Gem County board of commissioners by resolution. (Ord. 2009-05, 9-28-2009)

   A.   Special Use: The commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

      1.   Will in fact, constitute a special use as established in the schedule of zoning regulations as adopted in section 11-5-2 of this title for the zoning district involved;

      2.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;

      3.   Will 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;

      4.   Will not be hazardous or disturbing to existing or future neighboring uses;

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

      6.   Will 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;

      7.   Will not involve uses, activities, processes, materials, equipment and conditions or 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;

      8.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

      9.   Will not result in the destruction, loss or damage of natural, scenic or historic features of major importance.

   B.   Mineral Extraction: Special use permits for mineral extraction uses are required to follow a separate set of standards. See subsection 11-6-5O of this title for a list of findings and standards for mineral extraction uses. (Ord. 2013-01, 1-22-2013)

Public sites and open spaces shall conform to the following:

   A.   Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days the commission shall resume consideration of the special use application;

   B.   Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development; and

   C.   Special Developments: In the case of planned unit developments and large scale developments, the commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 2009-05, 9-28-2009)

In granting any special use, the commission may prescribe appropriate 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 special use is granted, shall be deemed a violation of this title. (Ord. 2009-05, 9-28-2009)

   A.   Hearing Required: Prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held.

   B.   Notice Of Hearing:

      1.   Publication: At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction.

      2.   Additional Media: Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

      3.   Property Owners Or Residents:

         a.   Mailing: Notice shall also be provided to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission.

         b.   Over Two Hundred: When notice is required to two hundred (200) or more property owners or residents, in lieu of mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient, provided the second notice to appear ten (10) days prior to the public hearing. (Ord. 2009-05, 9-28-2009)

   A.   Approval/Denial Of Application: Within thirty (30) days after the public hearing, the commission shall either approve, conditionally approve, or disapprove the application as presented. If the application is approved, or disapproved with modifications, the commission shall direct the administrator to issue a special use permit listing the specific conditions specified by the commission for approval.

   B.   Attach Special Conditions: Upon granting of a special use permit, conditions may be attached to the special use permit including, but not limited to, those:

      1.   Minimizing adverse impact on other development;

      2.   Controlling the sequence and timing of development;

      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 public facilities or services; and

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

   C.   Studies: Prior to granting a special use permit, the commission may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use.

   D.   Transferability Of Permit: A special use permit is not transferable from one parcel of land to another.

   E.   Specifications Of Commission Response: Upon granting or denying an application, the commission shall specify:

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

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit.

   F.   Right Of Appeal: The applicant or any affected person who appears in person or in writing before the commission may appeal the decision of the commission to the board, provided the appeal is submitted to the board within twenty (20) days from the commission's action. (Ord. 2009-05, 9-28-2009)

Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request. (Ord. 2009-05, 9-28-2009)

Upon receipt of a written notice of appeal from the action of the commission and payment of a filing fee in an amount established by the board of commissioners by resolution, the clerk of the district court shall set a hearing date to consider all information, testimony and commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold, or overrule the decision of the commission. The board shall only overrule the commission by a favorable vote of a simple majority of the full board. (Ord. 2009-05, 9-28-2009)

If any person, including staff or a member of the commission, files a written notice presenting sufficient evidence, as determined by the administrator, that the conditions of the special use permit have been violated, the body that made the final decision, after due process, may revoke the permit or allow a specific period of time for correction of the conditions. (Ord. 2009-05, 9-28-2009)

   A.   Commencement: When a special use permit is granted, the land use or construction of its facility proposed in the application must have commenced within one year of the date of the final decision by the commission, or the board or a court of appropriate jurisdiction (if appealed) and completed within two (2) years of the same date. Upon expiration of the use or the approval of that use as provided by this section, the applicant can seek approval of the use only by filing a new initial application for review by the commission.

   B.   Expiration: After the one year period has expired, if any person, including staff or member of the commission, files a written notice presenting sufficient evidence, as determined by the administrator, to establish that the land use or construction of its facility provided for in the special use permit, has not commenced, or after the two (2) year period that said use has been abandoned or has ended, the commission may find that the use has not been implemented or has been abandoned or has ended. If so, the commission shall set aside the prior approval and order the property to revert to its prior status. An aggrieved person may appeal any commission decision made under this section to the board pursuant to section 11-7-9 of this chapter. (Ord. 2009-05, 9-28-2009)

   A.   Request: An applicant may request extension of the time period provided by this section by filing an application for extension with the administrator. Such application must be filed at least sixty (60) calendar days prior to expiration of the one year period for commencement of the land use or sixty (60) calendar days prior to the expiration of the two (2) year period for completion of the project. The matter shall be heard at a public hearing before the commission or the board, whichever made the final decision, in accordance with the notice and hearing procedures of this chapter. If the application is not timely filed, it shall be denied. A renewal extension, if granted, may be limited to three hundred sixty five (365) calendar days, which shall commence at the expiration of either period.

   B.   Decision: The commission or the board may extend the commencement period or the completion period as provided above upon proof of good cause by the applicant. The burden of proof as to the showing of good cause for the extension shall be on the applicant, and good cause shall be determined at the discretion of the commission or the board. (Ord. 2009-05, 9-28-2009)