A.   Application For Conditional Use:

      1.   Application for "conditional uses", as defined in section 10-2-1 of this title, shall be considered at a public hearing before the Planning and Zoning Commission. Said Planning and Zoning Commission shall make its findings of fact and recommendations to the Governing Body within the thirty (30) days after the public hearing.

      2.   The Planning and Zoning Commission may recommend such restrictions upon the height and bulk of any structure so approved for conditional use as may be reasonable under the particular circumstances, provided that such restrictions shall not be more restrictive than the requirements established for the zone in which such structure is proposed to be located. (Ord. 685, 7-8-1996)

   B.   Fees:

      1.   Applications shall be made to the City Clerk on a form provided by the City Clerk, which form shall be approved by a majority vote of the City Council. Each application shall be accompanied by a fee as established in the master fee schedule which shall be used to defray expenses of public hearing hereinbefore required and of publication as may be necessary and required.

      2.   In the event, however, that any organization seeking a conditional use which is exempt from Real Property Taxes within the State, may so indicate its tax exempt status on the application form and shall be exempt from the payment of the fee as established in the master fee schedule; provided, however, any actual costs of publication or mailing shall be borne by the nonprofit organization in each case. (Ord. 685, 7-8-1996; amd. Ord. 925, 10-1-2018)

   C.   Issuance Of Permit: In the event of the granting of a conditional use permit, the City shall cause to be prepared a written permit describing the nature of the granted conditional use, including the legal description of any affected property. That document, once prepared, shall be signed by an official of the City and by the applicant, acknowledging the contents of the permit. That permit shall then be recorded in the Idaho County records setting forth in particularity the conditions and the nature of the granted conditional use in all respects. The City shall, of course, be entitled to revoke or cancel the conditional use upon the termination of the permit, or the failure of the applicant to comply with the terms under which the permit had been granted.

   D.   Conditions For Denying Permit: Prior to the granting of any conditional use as defined in either subsection A or B under the definition of "conditional uses" in section 10-2-1 of this title, the Planning and Zoning Commission in its findings of fact and the City Council in its findings of fact shall not grant a permit unless it shall first determine as follows:

      1.   Determinations that:

         a.   The conditional use does not unreasonably impact public health, general welfare or general interest in the community;

         b.   The proposed conditional use of property or structures will be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and other similar facilities which might be needed for the proposed use;

         c.   The general neighborhood character and surrounding property values will not be unreasonably negatively impacted;

         d.   The proposed conditional use will not cause an undue traffic hazard or unreasonable parking problem in the use district in which the conditional use is proposed; and

         e.   There is no substantial community objection and the terms of section 10-10-3 of this chapter are incorporated herein as an additional condition to the granting of a conditional use.

      2.   Any proposed conditional use that is requested under subsection B of the definition of conditional use in section 10-2-1 of this title, that is a general use, shall additionally provide that there be a full time resident within a structure where the conditional use is proposed to be located. (Ord. 685, 7-8-1996)

Nonconforming uses, as defined in section 10-2-1 of this title, may continue, subject to the following conditions and specifications: (Ord. 685, 7-8-1996)

   A.   A nonconforming use of land, wrecking yard or junkyard or any nonconforming building with an assessed valuation of less than one hundred dollars ($100.00) shall be made to conform to this title within a period of two (2) years.

   B.   Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of one year shall thereafter conform to this title.

   C.   Except as is hereinafter provided relating to mobile homes, any nonconforming building which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of fifty percent (50%) or more of its replaced valuation shall thereafter conform to this title. Where more than fifty percent (50%) of the replaced valuation of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage.

      1.   This section shall not be applicable to the destruction of already established and set up mobile homes that might be located in an improper zone thus constituting a nonconforming use. If such mobile home is destroyed to the extent described above, the owner shall be permitted to either rebuild the existing unit or to replace the existing unit with a substantially similar mobile home or one that is of better quality, without being required to comply with this section.

      2.   If the owner of any parcel of property upon which a nonconforming mobile home has been located shall voluntarily choose to upgrade the mobile home on that particular lot or parcel then said owner shall be permitted to install a replacement unit with a substantially similar mobile home or one that is of better quality without being required to comply with this section.

      3.   If the owner of any parcel of property upon which a nonconforming mobile home has been located sells that real property and the mobile home is voluntarily removed from such parcel of land, then the provisions of this section shall be applicable and the subject property shall thereafter be brought into compliance with the provisions of this section.

   D.   The use of a nonconforming building may be changed only to a use conforming to the zone in which the property is located. (Ord. 737, 6-18-2001)

The Planning and Zoning Commission may vary a zoning regulation:

   A.   Hearing:

      1.   When in its judgment the public convenience and welfare will be substantially served, regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or relaxed.

      2.   With any application for a variance, the applicant shall, at the time the application is filed with the City, provide the City Clerk with the names and addresses of all persons owning any real property within three hundred feet (300') of any portion of the area for which the variance is sought. Thereafter, those persons owning property within three hundred feet (300') shall be delivered either personally, or by certified mail, a notice of a hearing that this section requires with the mailing and notice having occurred at least fifteen (15) days prior to the time of such hearing. In any notice of hearing there shall be language therein that includes the content of subsection A3 of this section, describing the City's protest procedure, in the event of objection.

      3.   At such hearing, if there be then a protest against such change signed by the owners of twenty percent (20%) or more of the property owners within the said three hundred foot (300') area, such variance shall not become effective except by the favorable vote of five-sixths (5/6) of all the members of the City Council. (Ord. 685, 7-8-1996)

      4.   In addition, no such regulation, restriction or boundary shall become effective until a public hearing in relation thereto is held before the Planning and Zoning Commission at which parties in interest and citizens shall have an opportunity to be heard. In addition to the personal notices required in subsection A2 of this section, notice of hearing shall be published in the "Idaho County Free Press" on one occasion at least fifteen (15) days prior to the time set for the hearing in order to provide notice to the public at large. (Ord. 764, 11-17-2003)

      5.   All initial applications for a variance shall be submitted to the Planning and Zoning Commission who shall make its recommendation to the City Council for consideration at the next meeting following the decision of the Planning and Zoning Commission. The City Council shall have the duty to formally pass any application for a variance unless the same shall have been withdrawn by the applicant prior to the action of the City Council. (Ord. 685, 7-8-1996)

   B.   Form; Fee: Any person wishing to make application for a variance under the terms hereof shall make such application on forms to be provided by the City Clerk. Any application fee for a variance, as established in the master fee schedule, shall accompany each application for a variance and shall be collected by the City Clerk to defray necessary expenses incurred in processing of the application for variance. (Ord. 685, 7-8-1996; amd. Ord. 925, 10-1-2018)

   C.   Mobile Homes: In the event an application for a variance is filed as herein provided, requesting the placement of a pre-March 8, 1971, Idaho built mobile home, or a mobile home manufactured in another state, that does not bear a mobile home insignia tag, in residence Zone B, the Planning and Zoning Commission and the City Council, in determining whether to grant that application for variance, shall take into account the following community standards: the character, type, style and use of the structures in the surrounding neighborhood, together with the public input received at the time of any hearings, including any objections by neighbors and any potential objection by the Grangeville Fire Department, who must be notified of the variance application. After the matter has been fully considered by both the Planning and Zoning Commission and the City Council, the request may be denied if those bodies find that the mobile home, would not be compatible or harmonious with existing housing or would adversely affect property values. If a variance is denied, the City Council shall make written findings and approve the same by motion as to the reasons for the denial, and retain those findings in the City records.

   D.   Nonpermanent Variances: Any variance granted pursuant to this section, which would not be permanent in nature and which may expire by its terms, or be specific to any one individual, and therefore not be permanent in nature, shall be reduced to writing, including the legal description of the property involved, and then recorded in the Idaho County records. In the event of the granting of such nonpermanent variance, the applicant shall be obligated to sign the written variance form before its recording to acknowledge the content thereof, and to make available for public record the nonpermanent nature of the granted variance. (Ord. 685, 7-8-1996)

   A.   The use of a building already erected at the time this title becomes effective shall not be changed to some other use or occupied for any other purpose, unless the owner applies for and receives a certificate of compliance.

   B.   On all matters of concern or interest to citizens generally which would involve the change of use or occupancy for a purpose to which there might be general objection, the Planning and Zoning Commission shall issue public notices at least five (5) days in advance of a public hearing, at which all interested parties shall be heard and then a decision shall be made by the Planning and Zoning Commission on the question of issuing such permit or imposing such restrictions or conditions as the commission shall require after such hearing.

   C.   If any area in any particular zone is hereafter transferred to another zone by change in zone boundaries, the provisions of this section with regard to building or premises then existing, or buildings or permits then issued at the time of the adoption of this title shall apply to buildings and premises existing or building permits issued in such transferred area at the time of such transfer. (Ord. 685, 7-8-1996)