A.

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 specified use must be considered individually.

B.

The commission shall hold a public hearing on each special use permit application as specified in the official schedule of district regulations. The commission may recommend approval, conditional approval or denial of a special use permit to the city council, under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this Title 17.

(Ord. 309 Art. X, §A, 1997).

An application for special use permit shall be filed with the commission clerk 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:

A.

Name, address and phone number of applicant;

B.

Legal description of property;

C.

Description of existing use;

D.

Description of proposed special use;

E.

A concept 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 or city council may require to determine if the proposed special use meets the intent and requirements of this Title 17;

F.

A narrative statement evaluating the effects on all adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district;

G.

If application is for a business selling, renting or otherwise dealing in obscene materials, as defined in Idaho Code 18-4101, application must also contain the following information in addition to that required above;

1.

In feet, distance, measured in a straight line, to all churches, other places of worship, and educational facilities lying within two thousand five hundred feet (2500′) of the entrance door of the proposed business.

(Ord. 309 Art. X, §B, 1997).

The commission and city council 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:

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 plan and/or the 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 be hazardous or disturbing to existing or future neighboring uses;

E.

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;

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.

In the case of a proposed use dealing in the sale or rental of obscene materials, as defined in Idaho Code 18-4101, that proposed business does not lie within two thousand five hundred feet (2,500′) of any church, other place of worship, or educational facility;

H.

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

I.

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

J.

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

(Ord. 309 Art. X, §C, 1997).

In considering any special use, the city may prescribe appropriate conditions, bonds and safeguards in conformity with this Title 17. 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 17.

(Ord. 309 Art. X, §D, 1997).

Prior to granting a special use permit, at least two (2) public hearings in which interested persons shall have an opportunity to be heard shall be held. The first public hearing will be held with the commission which will recommend action to the city council. The second public hearing will be held with the city council which will consider the recommendations of the commission and make the final determination. At least fifteen (15) days prior to each hearing, notice of the time and place shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered, provided to property owners and residents within the land being considered, three hundred feet (300′) beyond the external boundaries of the land being considered. The applicant is responsible for all notices and publishing costs.

(Ord. 309 Art. X, §E, 1997).

A.

Within ten (10) days after the first public hearing, the commission shall, in writing, either recommend to the city council approval, conditional approval or disapproval of the application as presented. After receiving written confirmation of commission action, the administrator will establish the date of the second public hearing which shall be no more than forty-five (45) days from the date of the first public hearing. The applicant shall be responsible for all required notices and publishing costs associated with the first and second public hearings.

B.

The second public hearing will be held with the city council. The city council shall consider the recommendation of the commission and, after receiving public testimony, the council may delay their decision pending submission of additional information or approve, conditionally approve, or disapprove the application as presented.

C.

Upon granting of a special use permit, conditions may be attached to a 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 the development is maintained properly;

5.

Designating the exact location and nature of the development;

6.

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

7.

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

D.

Prior to granting a special use permit, the council may request studies from planning authorities or public agencies concerning social, economic, fiscal and environmental effects of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferrable from one parcel of land to another.

E.

Upon granting or denying an application, the council shall specify:

1.

The ordinances 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. 309 Art. X, §F, 1997).

Within ten (10) days after a decision has been rendered by the council, the administrator shall provide the applicant with written notice of the action on the request. The special use permit will not be issued until all conditions have been satisfied and the appeal period has expired.

(Ord. 309 Art. X, §G, 1997).

The applicant or citizens of Homedale shall have sixty (60) days from the date of the mailing of the notice of the decision of the council within which to appeal such decision to a court of competent jurisdiction.

(Ord. 309 Art. X, §H, 1997).

Application for special use permits shall not apply to the replacement of existing mobile homes. An application to replace an existing mobile home with another mobile home shall be submitted to the city council only for approval or disapproval and shall not require public hearings. The applicant shall furnish to the city council such information on the proposed replacement mobile home and installation as requested. The application shall not require any action of the commission.

(Ord. 309 Art. X, §I, 1997).