The provisions of this chapter shall apply to conditional use permits. (Ord. 86, 8-19-1980)

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 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 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 commission may revoke or modify its approval of a conditional use permit in accordance with the procedures set forth in this chapter under specific conditions and when it is not in conflict with the comprehensive plan. Denial of a conditional use permit or approval of a conditional use permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003 consistent with the requirements established thereby. (Ord. 86, 8-19-1980; amd. 2008 Code)

Applications for conditional use permits shall be filed with the commission on forms prescribed by the commission and accompanied by such data and information necessary to assure the fullest presentation. A filing fee as provided in section 1-10-1 of this code shall be submitted at the time of filing a conditional use permit application. (Ord. 86, 8-19-1980; amd. 2008 Code)

The commission shall conduct at least one public hearing on each conditional use permit application in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the area. Notice shall also be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to property owners and residents within the land being considered, three hundred feet (300') beyond the external boundaries of the land being considered and any additional area that may be substantially impacted by the proposed conditional use as determined by the commission. When notice is required to two hundred (200) or more property owners or residents, an alternative form of procedure of official notice shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times. (Ord. 86, 8-19-1980; amd. 2008 Code)

   A.   The commission shall cause to be made by any of its own members or by any member of its staff, such investigation of facts bearing upon the application as in the opinion of the commission will serve to provide the necessary information to enable the commission to act.

   B.   Prior to granting a conditional use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed use. (Ord. 86, 8-19-1980)

Whenever the commission grants or denies a conditional use permit, it shall specify:

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

   B.   The reasons for approval or denial; and

   C.   The action, if any, that the applicant could take to obtain a permit. (Ord. 86, 8-19-1980)

Upon the granting of the conditional use permit, conditions may be attached including, but not limited to, those:

   A.   Minimizing adverse impact on other development.

   B.   Controlling the sequence and timing of development.

   C.   Controlling the duration of development.

   D.   Assuring that development is maintained properly.

   E.   Designating the exact location and nature of development.

   F.   Requiring more restrictive standards than those generally required in an ordinance. (Ord. 86, 8-19-1980)

   G.   Requiring the provision for on site or off site public facilities or services.

   H.   Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (2008 Code)

Prior to granting a special use permit, studies may be required of the 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 transferable from one parcel of land to another. (Ord. 86, 8-19-1980; amd. 2008 Code)

   A.   Authority To Appeal; Time Limit: Any owner of property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the commission, provided written notice of such an appeal is filed with the city within five (5) days after the decision of the commission.

   B.   Hearing; Decisions: In reviewing an appeal pertaining to the conditional use permit, the council shall hold a public hearing using the public hearing notice and procedures prescribed for the commission, and may approve, disapprove, or modify the action of the commission. (Ord. 86, 8-19-1980)