A.   The conditional use permit procedure is intended to provide uses that are not permitted by right in any district;

      1.   It is recognized that an increasing number or 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, and/or facilities that each specific use must be considered individually;

      2.   The Planning and Zoning Commission shall hold a public hearing on each conditional use permit application as specified in this title. The Commission may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title. (Ord. 619, 4-13-2021)

   A.   An application for conditional use permit shall be filed with the Community Development Department 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 information:

      1.   Name, address and telephone number of applicant;

      2.   Legal description of property;

      3.   Description of existing use;

      4.   Zoning district;

      5.   A plan of the proposed site for a special use, drawn to a readable scale, 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 City may require to determine if the proposed special use meets with the intent and requirements of this title; and

      6.   An objective narrative statement evaluation of the effects of the conditional use request on adjoining property; and how the conditional use request meets the standards of approval in 11-7-3.

      7.   There shall accompany any application process under this section a certificate of a reputable title insurance company licensed under the laws of the state of Idaho, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, all persons to whom the property is assessed upon the tax rolls of the county assessor of Kootenai County within 300' of the external boundaries of the land being considered. The cost of the title report shall be the sole responsibility of the applicant. (Ord. 619, 4-13-2021)

   A.   The Planning and Zoning 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 meets the following:

      1.   The proposal is in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the zoning ordinance;

      2.   The location, design, and size of the proposal are such that the development will be adequately served by streets, police and fire protection, drainage structures, refuse disposal, water, 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;

      3.   The design and planning (to include construction, operation and maintenance) of the site is compatible with the location, setting and existing uses and the intended character of the general vicinity. (Ord. 619, 4-13-2021)

   A.    As defined in this title, any Public Building or Complex and Correctional Facility shall apply to the Community Development Department for a conditional use permit and shall be subject to a public hearing in accordance with the procedures set forth in 11-7-7, with the City Council.

   B.   A Memorandum of Understanding regarding the conditions of approval for the project shall be entered into prior to any construction for the project in accordance with Hayden City Code 11-1-3(C).

   C.   Specific design standards as identified in Hayden City Code 11-2-5 shall be addressed within the conditions of approval.

   D.   All other requirements of this chapter shall apply to the requests for a conditional use permit before the City Council. (Ord. 619, 4-13-2021)

   A.   Public sites and open spaces shall conform to the following:

      1.   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 the proposed development the Commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within 30 days of the date of notice, the public agency may request the governing body to suspend consideration of the permit for 60 days from the date of the request; however, if an agreement between the property owner and the public agency is not reached within 60 days the Commission shall resume consideration of the conditional use application;

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

      3.   Special Developments: In the case of large development, 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. 619, 4-13-2021)

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. 619, 4-13-2021)

As soon as is practical following the filing of the application and prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held according to the procedures set out in 11-1-6. (Ord. 619, 4-13-2021)

   A.   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 issue a conditional use permit listing the specific conditions specified by the Commission for approval;

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

      1.   Minimizing adverse impact on the 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 provisions for on site or off site public facilities or services; and

      7.   Requiring more restrictive standards than those generally required in an ordinance;

   C.   Prior to granting a conditional use permit, the Commission may request studies from the planning staff of public agencies concerning social, economic, and/or environmental effects of the proposed special use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another;

   D.   Upon granting or denying an application, the Commission shall specify in writing:

      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. (Ord. 619, 4-13-2021)

Within 10 days after a decision has been rendered, the City shall provide the applicant with written notice of the action on the request. (Ord. 619, 4-13-2021)

An affected person aggrieved by a decision of the Commission may, after all remedies have been exhausted under local ordinance, seek judicial review. (Ord. 619, 4-13-2021)

The approval of a conditional use permit is valid for two years from the date of approval of the written decision authorizing such use, unless some other time period is approved by the Planning and Zoning Commission. The development for which the permit was issued must complete construction and be fully operational prior to the expiration of this two year period. If any of the conditions to this use or development are not maintained, if the nature of the use changes, or if the use for which the conditional use permit has been issued is discontinued or abandoned for one year then the conditional use permit shall be considered null and void. Continued operation of a use requiring a conditional use permit after such conditional use permit expires or is in noncompliance with any condition of a conditional use permit, shall constitute a violation of the zoning ordinance. (Ord. 619, 4-13-2021)