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Mccammon City Zoning Code

16.60 Conditional

Use Permit

16.60.010 Required When

Every use which requires the granting of a conditional use permit is declared to possess characteristics such as to require review and appraisal by the planning commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The planning commission may require higher standards of site development than listed specifically in this title in order to correlate the proposed use to other property and uses. The planning commission may revoke or modify its approval of a conditional use permit for breach of condition or other good cause upon proper notice and public hearing.

(Ord. 223 Ch. 3 § 2(A)(1), 1978)

16.60.020 Application

Applications for conditional use permits shall be filed with the planning commission accompanied by such data and information necessary to assure the fullest presentation of facts.

(Ord. 223 Ch. 3 § 2(A)(2), 1978)

16.60.030 Costs

The applicant shall bear the costs relevant to a conditional use permit.

(Ord. 223 Ch. 3 § 2(A)(3), 1978)

16.60.040 Public Hearing

The planning and zoning commission shall hold at least one public hearing on each conditional use permit application after public notice by one publication has been given in a newspaper of general circulation indicating the time, place and purpose for the hearing at least fifteen days prior to such hearing.

(Ord. 223 Ch. 3 § 2(A)(4), 1978)

16.60.050 Grant Or Denial--Specifications Required

Whenever a governing board or zoning or planning and zoning commission grants or denies a permit, it shall specify:

  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. 223 Ch. 3 § 2(A)(5), 1978)

16.60.060 Time Period--Consideration

The planning and zoning commission shall have sixty days in which to submit a recommendation to the governing board. The time period for consideration of a conditional use permit will begin with the first regularly scheduled meeting of the planning and zoning commission in which the proposal is formally discussed, and end sixty days hence.

(Ord. 223 Ch. 3 § 2(A)(6), 1978)

16.60.070 Time Period--Approval Or Denial

The governing board shall, within forty-five days, after receipt of recommendations from the planning and zoning commission, conduct the required public hearing and approve or deny the request for a conditional use permit. Failure on the part of the governing board to reach a decision within the specified time constitutes approval by default.

(Ord. 223 Ch. 3 § 2(A)(7), 1978)

16.60.080 Denial Review

An applicant denied a permit or aggrieved by a decision may within sixty days after all remedies have been exhausted under local ordinance seek judicial review under the procedures provided by Sections 67-5215(b) through (g) and 67-5216, Idaho Code.

(Ord. 223 Ch. 3 § 2(A)(8), 1978)