It is recognized that an increasing number of new kinds of land uses are evolving, 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. (Ord. 1070, 2010)

Any use which is permitted as a special use in a district under the terms of this title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming one. (Ord. 1070, 2010)

The 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:

A.   Will, in fact, constitute a special use as established in section 17.60.060 of this chapter 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 this title;

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.   Will not involve uses, activities, processes, materials, 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;

H.   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

I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (Ord. 1070, 2010)

Public sites and open spaces shall conform to the following:

A.   Public Uses: Where it is determined that a proposed park, playground, school or other public use shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the special use application.

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

C.   Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 1070, 2010)

In granting any special use, the council 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. 1070, 2010)

A.   Application For Special Use Permit: An application for special use permit shall be filed with the administrator 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 phone number of applicant;

   2.   Legal description of property;

   3.   Description of existing use;

   4.   Zoning district;

   5.   Description of proposed special use;

   6.   A plan for 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 council may require to determine if the proposed special use meets the intent and requirements of this title; and

   7.   A narrative statement evaluating the effects on 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; and the relationship of the proposed use to the comprehensive plan.

B.   Supplemental Information: Prior to granting a special use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects on the proposed special use.

C.   Procedure For Approval Of Special Use Permit: The commission shall hold a public hearing on each special use permit application as specified in title 2, chapter 2.40 of this code. The commission may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title.

   1.   Public Hearing, Notice: Prior to granting a special use permit, the commission shall hold a public hearing in which interested persons shall have an opportunity to be heard. That public hearing shall be scheduled within thirty (30) days of receipt of an application and upon notice lawfully given pursuant to Idaho Code sections 67-6512(b) and 67-6509.

   2.   Action By Commission: Within fifteen (15) days after the public hearing, the commission shall render its decision in writing approving or denying the special use permit.

   3.   Commission To Specify: Upon granting or denying an application, the commission shall specify:

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

      b.   The reasons for approval or denial; and

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

   4.   Notice To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.

D.   Conditions Of Permit: Upon the granting of a special use permit, conditions may be attached to said 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 that development is maintained properly;

   5.   Designating the exact location and nature of 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 this title.

E.   Transfer Of Permit: A special use permit is not transferable from one parcel of land to another.

F.   Appeal By Affected Person: Any "affected person", defined as a person having an interest in real property that may be adversely affected by the issuance or denial of a special use permit may appeal such decision to the council by filing a written notice of appeal with the city clerk on the form specified by the city clerk within ten (10) days of the mailing of the initial decision.

G.   Effect Of Issuance On Other Special Uses: A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. (Ord. 1070, 2010)