It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more 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.

The commission shall hold a public hearing on each special use permit application as specified herein. The commission may recommend approval, conditional approval or denial of a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of the provisions of this title. (Ord. 341, 9-10-1996)

An application for a special use permit shall be filed with the city clerk by at least one owner of property for which such special 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 special use;

   F.   A plan of the proposed site for the special use showing the location and height 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

   G.   A narrative statement evaluating the effects on adjoining property; the effect of such elements as view, 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 used to the comprehensive land use plan. (Ord. 341, 9-10-1996)

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

   A.   Will, in fact, constitute a special use as established on the official schedule of district regulations for the zoning district involved;

   B.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive land use plan and/or the applicable zoning ordinance;

   C.   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;

   D.   Will not create a nuisance or safety hazard for neighboring properties in terms of excessive noise or vibration, improperly directed glare or heat, electrical interference, odors, dust or air pollutants, solid waste generation and storage, hazardous materials or waste, excessive traffic generation or interference with pedestrian traffic.

   E.   Will be adequately served by essential public facilities and services such as access streets, police and fire protection, drainage structures, refuse disposal, water and sewer service, and schools. If existing facilities are not adequate, the developer shall show that such facilities shall be upgraded sufficiently to serve the proposed use;

   F.   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;

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

   H.   Will not generate traffic in excess of the capacity of public streets or access points serving the proposed use and will assure adequate visibility at traffic access points;

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance;

   J.   Will be effectively buffered to screen adjoining properties from adverse impacts of noise, building size and resulting shadow, traffic and parking.

   K.   Will be compatible with the slope of the site and the capacity of the soils and will not be in an area of natural hazards unless suitably designed to protect lives and property. (Ord. 341, 9-10-1996)

In granting a special use permit, the approving body may prescribe appropriate conditions, bonds and safeguards. Such conditions to be attached to the permit may include but not be limited to:

   A.   Minimizing adverse impact on other developments;

   B.   Controlling the sequence and timing of development;

   C.   Controlling the duration of development;

   D.   Assuring the development is properly maintained;

   E.   Designating the exact location and nature of development;

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

   G.   Requiring more restrictive standards than those generally required under this title. (Ord. 341, 9-10-1996)

   A.   Notice: 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. 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 city. Notice shall also be provided to property owners and residents: 1) within the land being considered; 2) three hundred feet (300') beyond the external boundaries of the land being considered; and 3) any additional area that may be substantially impacted by the proposed special use as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing of notification, three (3) notices in the official newspaper or paper of general circulation is sufficient; provided, the third notice appear ten (10) days prior to the public hearing.

   B.   Action By Commission: Within thirty (30) days after the public hearing, the commission shall enter written findings of fact, and a recommendation to the city council to either approve, conditionally approve or disapprove the application as presented. In its recommendation, the commission shall specify:

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

      2.   The reasons for recommending approval or denial; and

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

   C.   Action By City Council: Within thirty (30) days after receiving the commission's recommendation, the city council shall take final action on the recommendation, and shall provide the applicant with written notice of its action on the request within ten (10) days after a decision has been rendered.

   D.   Request For Hearing By Affected Persons: An "affected person" shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit. Any affected person may at any time prior to final action by the city council on an application for a special use permit, petition the city council in writing to hold a second hearing on the application. After any such hearing as may be held pursuant to such request, the city council may:

      1.   Grant or deny a permit; or

      2.   Delay such a decision for a definite period of time for further study or hearing.

   An affected person aggrieved by a decision may, within sixty (60) days after all remedies have been exhausted under the ordinances of the city, seek judicial review under the procedures provided by Idaho Code 67-5240 et seq. (Ord. 341, 9-10-1996)