A.   Conditional Use Permits - Standards: The purpose of this section is to establish standards and a framework of procedures for consideration of requests for conditional use permits. Conditional uses are not permitted by right in a particular zoning district but may be authorized following a public hearing provided that they comply with the standards established by this title. "Conditional use" as used in this title is the same as "special use" referenced in section 67-6512, Idaho Code, as such code provision exists at the time of enactment of this title. A conditional use permit is not transferable from one parcel of land to another, nor shall it be considered as establishing a binding precedent to grant other conditional use permits in similar locations or circumstances. As its name implies, a conditional use permit may be issued subject to performance or compliance with conditions as outlined in this title and as addressed by the specific proposal or application.

   B.   Procedures: Conditional use permit requests require a public hearing before the Planning and Zoning Commission (or hearing examiner) following appropriate procedures. Notice shall comply with legal requirements established by Idaho Code. Any decision by the Planning and Zoning Commission may be appealed to the City Council by an affected person within no more than fourteen (14) days after the final decision of the Planning and Zoning Commission has been rendered. Any such request to appeal must be signed by the appellant and received by the Administrator within the time constraints established by this title. An appeal not timely filed shall be dismissed. Failure to appeal a decision of the Planning and Zoning Commission to the City Council shall constitute a failure to exhaust administrative remedies pursuant to this title.

   C.   Application Required: A completed conditional use permit application shall be submitted to the Administrator which shall include, among other matters addressed by the application form: a description of the use proposed; the manner of implementation of the proposed use including information about appearance, materials to be used and configuration; how it would be compatible with infrastructure and land uses, present and future; and why the proposal would be in the public interest.

   D.   Hearing And Standards Of Decision: As its schedule and agenda allow the Planning and Zoning Commission shall conduct a public hearing and shall consider testimony and other evidence and review the particular facts and circumstances of each proposed conditional use. In considering a conditional use request, the Planning and Zoning Commission may attach appropriate conditions to mitigate impacts and to ensure conformance with the intent of the Comprehensive Plan and applicable provisions of this title. An application for a conditional use permit may be approved as presented, conditionally approved, or denied by the Planning and Zoning Commission upon determining the following:

      1.   Whether the proposed conditional use would/would not conform with the purposes and express terms of the applicable zoning district in which it would be located.

      2.   Whether the proposed use constitutes an allowable conditional use as established by this chapter for the zoning district involved, and complies with all other applicable laws, ordinances, and regulations of Idaho City and the State.

      3.   Whether the proposed conditional use as presented will/will not be compatible with the health, safety, and welfare of the public in general and with present or future land uses in the vicinity of the proposal.

      4.   Whether the proposed conditional use will/will not further positive development of the vicinity in accordance with relevant policies set forth in the Comprehensive Plan and land use ordinances.

   E.   Conditions: When granting a conditional use permit, the Planning and Zoning Commission may attach conditions and requirements specific to the proposal including, but not limited to:

      1.   Minimizing conflicts with present or future development.

      2.   Controlling the sequence and timing of development.

      3.   Controlling the duration of development.

      4.   Assuring that development is maintained properly.

      5.   Controlling the location and setbacks of development.

      6.   Requiring more restrictive standards than those generally required in this title for uses permitted outright. Such more- restrictive standards may include but not be limited to:

         a.   Additional setbacks,

         b.   Requiring development within time limitations,

         c.   Height restrictions,

         d.   Additional landscaping or screening,

         e.   Lighting restrictions,

         f.   Signage restrictions,

         g.   Selection of building or hardscape materials,

         h.   Location of site accesses,

         i.   Location of site features,

         j.   Prescribing site layout,

         k.   Circulation or grading,

         l.   Restricting hours of operation or activity,

         m.   Design limitations,

         n.   Circulation limits for vehicles or pedestrians,

         o.   Control of site drainage or areawide drainage patterns,

         p.   Prescribing specific use limitations and such other features of use or site development as may be needed to enhance compatibility with use of surrounding lands and public facilities.

   F.   Written Decision Required: Whenever granting or denying an application for a conditional use permit, the Planning and Zoning Commission shall render its decision in writing.

   G.   Permits And Progress Required: Unless expressly allowed to the contrary by the terms of a conditional use permit, if permits for development of a requested conditional use have not been issued within six (6) months of the date of granting a conditional use permit or if development of the approved conditional use has not commenced with sustained effort to complete development within one year after granting approval of the conditional use permit, the conditional use permit shall become null and void, unless the Planning and Zoning Commission or the City Council, whichever gave final approval, has granted an extension, such extension not to exceed twelve (12) months upon a showing of good cause by the applicant. An extension to the permit may only be granted if applied for in writing to the approving body prior to the date of expiration and if the approving body finds, upon review of the record, that an extension is warranted due to weather or other circumstances outside control of the applicant.

   H.   Violation - Revocation Or Penalty: Any conditional use that operates in violation of the requirements or conditions established for a conditional use permit, pursuant to this chapter, may be revoked and the use restricted, suspended, and/or be subject to penalties for violation of this title. Enforcement of provisions of terms of conditional use permits issued pursuant to provisions of this title may be by criminal penalty or by civil action seeking to obtain compliance. (Ord. 352, 4-25-2018)

   A.   A variance is a discretionary exception to the requirements of this title concerning bulk and placement standards such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height, or any other title provision affecting the size of a structure or the placement of the structure upon the property. Variances may be permitted when, due to unusual natural physical characteristics of the site, a literal enforcement of the provisions of this title would result in unnecessary hardship denying an owner all reasonable use of the owner's land. An applicant for a variance bears the responsibility for demonstrating an undue hardship because of unique physical characteristics of the site, and after meeting that obligation must demonstrate that the implemented variance would not harm the public interest.

   B.   A complete application using an application form supplied by the Administrator shall include a site plan, a written description of the variance requested, reasons why the variance is warranted, and any supporting documents. The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body.

   C.   At least one public hearing must be held before the Planning and Zoning Commission using the hearing and notice procedure required by State law.

   D.   The Planning and Zoning Commission shall consider the following when deciding a variance request:

      1.   Whether unvaried application of the provisions of this title would deprive the applicant of all reasonable use of his land and whether circumstances exist that are peculiar to the natural conditions of the land in ways not generally applicable to other lands in the community.

      2.   Whether the variance, if granted, would harm the public interest by adversely affecting public safety, the environment or the legitimate interests of neighboring owners.

   E.   When granting or denying an application, the commission shall specify the relevant facts considered in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain a permit. The applicant will be notified of the decision in writing. A variance decision may be appealed to the City Council within fourteen (14) days of final action by the Planning and Zoning Commission by an applicant or other affected person. (Ord. 352, 4-25-2018)

   A.   All decisions made by the Planning and Zoning Commission or City Council shall be made in a manner and form consistent with the requirements of Idaho law. Decisions that are deemed quasi- judicial shall identify relevant facts and provisions of law that lead to the conclusion reached. In recognition that such requirements may change from time to time by virtue of judicial decision and legislative enactment, decision-makers are referred to relevant provisions of State law for guidance in shaping decisions required by this title.

   B.   All decisions that are deemed legislative decisions by requirements of State law shall be undertaken in the same manner that legislative decisions are typically made. (Ord. 352, 4-25-2018)

   A.   Temporary uses may be allowed in appropriately zoned areas without full site development as otherwise required by this title. Such uses may include, but are not limited to, erection of temporary structures such as tents, fences, booths or parking of trailers for activities such as carnivals, circuses, fairs, religious meetings, temporary outdoor displays and/or sale of Christmas trees, art objects or other items and other similar activities conducted either outdoors or within temporary structures. A temporary use is a land use established for a period of time not to exceed ninety (90) days in a calendar year and does not require permanent site improvements. The actual use embodied by a temporary use permit must be a permitted use in the zoning district in which it is proposed to be located. The temporary use permit may be allowed subject to conditions required by the Administrator so long as the Administrator determines that granting the temporary use permit will not harm the public interest if the required conditions are complied with.

   B.   An application for a temporary use shall include a written description of the use, proposed starting date of the use, and a site plan that shows the location of the use, access, setbacks from property lines, parking, restroom facilities (if applicable), and any other pertinent information that the Administrator may require to evaluate the use. An application for a temporary use with a duration in excess of thirty (30) days shall include the names and addresses of abutting land owners. The Administrator will prepare a notice of the administrative permit request and mail it to abutting property owners who will have seven (7) days from the date of mailing within which to respond with written comments supporting or opposing the request. Notice of the proposal may also be sent to Idaho City operating departments for comment.

   C.   A temporary use may be approved, approved with conditions or denied by the Administrator. A temporary use permit is valid on the date of approval or on the date requested by the applicant and will be valid for the time period requested or no more than ninety (90) days during a calendar year, such days to be designated at the time of issuance. The Administrator, when deciding a temporary use permit request, should consider the following:

      1.   Whether the proposed temporary use would be consistent with the general policies of this title and Comprehensive Plan.

      2.   Whether the use would otherwise be permitted within the zoning district wherein located.

      3.   Whether granting the temporary use permit would be detrimental to the nearby neighborhood or to the community in general.

      4.   Whether the proposed temporary use would create a traffic hazard.

      5.   Whether the proposed temporary use would impair the functioning of community facilities or delivery of public services. (Ord. 352, 4-25-2018)

   A.   Purpose: Certain limited business or professional uses may be conducted as a home occupation within a residential dwelling as a permitted land use subject to specific limitations established to maintain compatibility with the surrounding residential neighborhood. Examples of permissible use types include home offices, home child care, handicrafts, computer activities, tailoring, barber/hair salon or similar businesses. The purpose of this section is to establish standards for home occupations that retain and do not disturb the residential character of a neighborhood.

   B.   Application Requirements: Before establishing a home occupation, an application fee must be paid, and an application must be approved by the Administrator, in response to an application which addresses necessary information to demonstrate compliance with this title in addition to providing an accurate and concise description of the requested home occupation.

   C.   Decision On Application: The Administrator will review the application materials and may grant, grant with conditions, or deny a home occupation permit upon finding that the home occupation will not change the character of the neighborhood or create a nuisance. A permit may be revoked or a violation may be prosecuted for non-compliance with title standards or conditions of approval. A decision by the Administrator may be appealed to the Planning and Zoning Commission and thereafter to the City Council respectively, in accordance with procedures established by this title and by the procedures resolution of Idaho City. A home occupation permit is non-transferable and is valid so long as there is compliance with the conditions of approval issued with the permit and home occupation standards set forth herein are met (alternative - can have annual permit renewal, subject to compliance review and renewal payment).

   D.   Home Occupation Performance Standards: All home occupations shall comply with the following standards, in addition to the site-specific conditions required by the Administrator:

      1.   The home occupation must be clearly subordinate, both visually and with respect to space occupied, to the primary residential use. Not more than one-third (1/3) of the floor area of the actual dwelling unit may be used in the conduct of the home occupation.

      2.   No outside storage of goods, equipment, materials or other instruments of production or packaging of any kind related to the home occupation shall be permitted.

      3.   No home occupation shall create a need for parking or traffic beyond that required for the primary single-family residential use.

      4.   There shall be no change in appearance that would alter the residential character of the premises.

      5.   No more than one sign, not exceeding four (4) square feet in area, non-illuminated, and mounted flat against the wall of the principal residence, is permitted.

      6.   A permitted home occupation shall have no more than one full- time employee equivalent who is not a family member on the premises.

      7.   Employees (other than the resident and one employee), of a permitted home occupation, may not work, gather, park, or meet, at the residence of a home occupation on a regular or frequent basis.

      8.   A home occupation must be fully enclosed within the residence or approved accessory building. Home occupation daycare shall provide care to no more than five (5) children at any time, inclusive of residents of the household requiring daycare. Daycare for more than five (5) children in a home shall require a conditional use permit, if allowed by the zone where the home is located.

      9.   Excepting activities conducted exclusively indoors with no external consequences, operation of a permitted home occupation shall not be conducted prior to seven o'clock (7:00) A.M. or after eleven o'clock (11:00) P.M.

      10.   No home occupation shall create noise, dust, vibration, odors, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance beyond that caused by typical single- family residential occupancy in a residential neighborhood.

      11.   Uses of the following type or with the following characteristics are expressly prohibited as home occupations:

         a.   Repair and/or servicing, storing or painting of automobiles, trucks, boats, RVs, motorcycles, and OHVs.

         b.   Any use requiring sewage pre-treatment in accordance with the Idaho City wastewater treatment ordinance.

         c.   Any business creating external noise, odors, vibrations, or other potential nuisance factors including levels of customer traffic that could have the effect of disrupting peaceful occupancy of neighboring dwellings. (Ord. 352, 4-25-2018)