To comply with the purposes of this title, specific land uses within a particular zone require special consideration prior to their being permitted in that zone. These conditional uses must be reviewed and approved by the Zoning Commission prior to initiation or development. This review shall determine the compatibility of the proposed use with the surrounding area and particularly with permitted uses in that zone. The approval may provide specific conditions which ensure that the proposed use will be compatible with the permitted uses. The listing of a particular use as a conditionally permitted use does not give the property owner a property right in that use. (Ord. 392, 8-16-2021)

Application for a conditional use permit shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning Department shall be submitted to the department prior to scheduling a public hearing. (Ord. 392, 8-16-2021)

   A.   A conditional use permit shall be granted if the Zoning Commission finds that the proposed use conforms to each of the following criteria:

      1.   The use is not detrimental to the health or safety of those in the surrounding area.

      2.   The use will not otherwise adversely affect permitted uses or the enjoyment of such uses in that zone to any greater extent than a permitted use in that zone.

      3.   The use will not require facilities or services with excessive costs to the public.

   B.   If the Zoning Commission finds that a proposed use is essential to the public health, safety, or welfare, such use may be permitted even if the use is not found to meet the criteria listed above.

   C.   The Zoning Commission shall have the authority to set an expiration date for any conditional use permit so long as the reasons for such are included in their findings of fact and conclusions of law. (Ord. 392, 8-16-2021)

   A.   A public hearing before the Zoning Commission shall be held on each complete application received by the Planning Department within six (6) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this six (6) month period, at the end of the six (6) month period the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.

   B.   Notice for the public hearing shall be given as set forth in Idaho Code section 67-6512(b), or when notice is required to two hundred (200) or more property owners, notice shall be given as set forth in section 9-6B-2 of this title.

   C.   The Zoning Commission shall determine whether the proposal conforms to the permit criteria set forth in section 9-7A-3 of this article. Based on its determination, the Zoning Commission may approve or deny the application for the permit.

   D.   The Zoning Commission may require such changes or impose such reasonable conditions for the proposed use which are in its judgment necessary to ensure conformity with section 9-7A-3 of this article. Each approved permit shall conform to the specifications of the proposal except as explicitly modified by the Zoning Commission. Conditional use permits may be temporary so that the period of approval for a particular use is limited.

   E.   The Zoning Commission shall approve findings of fact and conclusions of law and notify the applicant of its decision within forty (40) days of closing the public hearing. (Ord. 392, 8-16-2021)

All final decisions of the Zoning Commission may be reconsidered, as set forth in section 9-1-12 of this title. (Ord. 392, 8-16-2021)

No conditional use permit shall become effective nor shall any building or installation permit be issued until the reconsideration period has elapsed or until the Board of Latah County Commissioners has made a decision upon reconsideration. (Ord. 392, 8-16-2021)

Expansion, enlargement, or alteration of an approved conditional use shall be reviewed by the Planning Department upon written request by the permit holder. If the department determines that the alteration, expansion, or enlargement is beyond the scope of action allowed by the original permit, the department shall require the permit holder to apply for the review and approval of the Zoning Commission under the provisions of this article. (Ord. 392, 8-16-2021)

A conditional use permit shall expire if the use allowed by the permit is not initiated within one year of the effective date or if the use is initiated and then ceases for a period of one year unless otherwise specified by the Zoning Commission. A one time extension of no more than one year may be granted by the Director for good cause. (Ord. 392, 8-16-2021)

Failure to comply with the conditions of approval or the provisions of this article may result in revocation of the conditional use permit and/or any other formal or informal enforcement action at the discretion of the Director. The Director may revoke a conditional use permit if the permittee fails to comply with the conditions of approval. Upon revocation, the Director shall issue a written notice of revocation including the reasons therefor. This notice shall be sent to the permittee by certified mail or shall be hand delivered. This revocation is appealable pursuant to subsection 9-1-11 of this title. No revocation shall take effect until the expiration of the appeal period contained in subsection 9-1-11 of this title, or, if an appeal is filed, until a decision has been made upon appeal. (Ord. 392, 8-16-2021)

A variance shall only be used to modify setbacks, building height, yard or frontage requirements, and parking requirements on a lot or parcel of land prescribed by this title. Variances are not a property right and shall be reviewed by the Zoning Commission prior to construction. This review shall determine if the variance is in conflict with the public interest and that compliance with the specified ordinance restrictions would deny the property owner an otherwise permitted use on the property. (Ord. 392, 8-16-2021)

Application for a variance shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the Planning Department shall be submitted to the department prior to scheduling a public hearing. (Ord. 392, 8-16-2021)

   A.   A variance may be granted if the Zoning Commission finds that the proposed variance meets each of the following criteria:

      1.   The variance will not be detrimental to the public interest or other property in the vicinity of the proposed variance.

      2.   Compliance with setbacks, building height, yard or frontage requirements, and parking requirements prescribed would deny the property owner an otherwise permitted use on the property due to the parcel's peculiar physical characteristics.

   B.   If the Zoning Commission finds that a variance is essential to the public health, safety, or welfare, such use may be permitted even if the use is not found to meet the criteria listed in this section. (Ord. 392, 8-16-2021)

   A.   A public hearing before the Zoning Commission shall be held on each complete application received by the Planning Department within six (6) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this six (6) month period, at the end of the six (6) month period the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.

   B.   Notice for the public hearing shall be given as set forth in Idaho Code section 67-6516.

   C.   The Zoning Commission shall determine whether the proposal conforms to the variance criteria set forth in section 9-7B-3 of this article. Based on its determination, the Zoning Commission shall approve or deny the application for the variance.

   D.   The Zoning Commission shall announce its decision and approve findings of fact and conclusions of law within forty (40) days of closing the public hearing. A copy of the signed findings of fact and conclusions of law will be mailed to the applicant within forty-eight (48) hours of them being signed. (Ord. 392, 8-16-2021)

All final decisions of the Zoning Commission may be reconsidered, as set forth in section 9-1-12 of this title. (Ord. 392, 8-16-2021)

Upon approval, the variance shall become effective, but if there is an application to reconsider the variance, any use and any associated building permits must immediately discontinue until the reconsideration is decided. Any initiation of a use that required the variance or obtaining of building permits related to the use is at the risk of the applicant. Until the reconsideration/appeal period has elapsed or until the Board of Latah County Commissioners/court of law has made a decision upon reconsideration/appeal, no variance is guaranteed. No refunds will be issued for building permits that are suspended because an application for reconsideration has been made or an appeal has been filed or a variance has been overturned by the Board of Latah County Commissioners or by a court of law. If a variance is overturned, any improvements associated with the variance must be removed from the property within thirty (30) days. (Ord. 392, 8-16-2021)

A variance shall expire if the structure allowed by the variance is not physically established within one year of the effective date. (Ord. 392, 8-16-2021)