Certain types of uses require special consideration prior to their being permitted in a particular district. The reason for special consideration involves, among other things, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the use, the effect such uses have on any adjoining land uses and on the growth and development of the community as a whole.

All uses permitted conditionally are declared to typically possess such unique and special characteristics as to make impractical their being included as outright uses in any of the various districts defined within this title. The authority for the location and operation thereof shall be subject to review and the issuance of a conditional use permit (CUP). The purpose of review shall be to determine that the characteristics of any such use shall not be unreasonable or incompatible with the type of uses permitted in surrounding areas, and for stipulating such conditions as may be reasonable so that the basic purposes of the chapter shall be served. Nothing construed herein shall be deemed to require the commission to grant a CUP.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

No building permit shall be issued when a CUP is required by the terms of this chapter unless a permit has been granted by the planning and zoning commission or council and then only in accordance with the terms and conditions of the CUP. Conditional use permits may be made temporary or permanent for any use or purpose for which such permits are required or permitted by provisions of this title.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

Application(s) for a CUP or to otherwise modify a previously approved CUP shall be made with the office of planning and zoning on a form prescribed by the planning director. The application shall be accompanied by such information as may be required by the director to enable the pertinent criteria to be applied to the proposal together with a filing fee that is and shall be established by council resolution.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

A.

A Conditional use permit may be granted only if the proposal conforms to the (i) conditional use permit criteria (as set forth below), (ii) provisions of the zoning ordinance (unless lawfully waived or modified by authorization of the commission), and (iii) the Nampa Comprehensive Plan. The commission or council, as the case may be, shall not disregard the following criteria unless they determine, in their sole discretion, that a criterion is not applicable to the application. The conditional use permit criteria are as follows:

1.

That the proposed primary land use is supported by the Nampa Comprehensive Plan.

2.

That the design, construction, operation and maintenance of the property and project will not adversely impact the intended character and appearance of the general vicinity.

3.

That the proposed primary land use will be served adequately by essential public facilities and services.

4.

That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or general welfare by reason of excessive traffic, noise, smoke, fumes, glare or odors.

(Ord. No. 4777, § 1(Exh. A), 12-18-2023; Ord. No. 4873, § 15, 6-16-2025)

The commission shall cause to be made an investigation of facts necessary to provide information to ensure a decision consistent with the intent and criteria of this chapter.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

A.

Procedures followed. Public hearing and legal notification procedures required by chapter 2 of this title shall be followed. The purpose of a conditional use hearing shall be to determine whether the proposal conforms to criteria set forth in section 10-25-4 of this chapter. The commission may grant or deny the application for the proposed CUP or require such changes or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria. The determination of the commission shall become final 15 calendar days after the date of decision unless appealed to the council in accordance with the provisions of this chapter. Exception: When a conditional use permit application is submitted concurrently with an application for a development agreement modification, annexation, or an application for a zoning map amendment, city council shall evaluate all applications following recommendations from the planning and zoning commission. City council shall approve, conditionally approve, table, or disapprove each application.

B.

Mobile home parks.

1.

The request for a conditional use entitlement and the preliminary plan, per city code section 10-28-10, shall be submitted together for public hearing by the planning and zoning commission.

2.

Upon approval of the conditional use permit and the preliminary plan, a final plan shall be submitted and reviewed as a business item by the planning and zoning commission.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4671, § 1(Exh. A), 5-16-2022)

The action by the commission upon the application for a CUP shall be by the majority of the members of the commission present at the meeting where the application is considered. If a CUP is denied, the minutes of the commission shall clearly state the reasons for denial. In order to grant a CUP, the findings of the commission shall be that the establishment, maintenance and operation of such use or structure shall expectedly satisfy the conclusions of law affiliated with CUPs as listed in section 10-25-4 of this chapter. Any CUP shall comply with approval conditions imposed by the commission or by the council, whichever body makes the final decision on the CUP.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

A.

The commission or council shall condition its approval of a CUP as it deems necessary to secure the purpose of this chapter and may require the guarantees and evidence that such conditions will be complied with. Such conditions may include:

1.

Regulations of uses;

2.

Special yards, spaces;

3.

Fences and walls;

4.

Surfacing or parking areas to city specifications;

5.

Street dedications and improvements (or bonds);

6.

Regulation of points of vehicular ingress and egress;

7.

Regulation of signage;

8.

Landscaping and maintenance;

9.

Maintenance of the grounds;

10.

Regulation of noise, vibration, odors or other similar nuisances;

11.

Regulation of time for certain activities;

12.

Duration of use;

13.

Regulation of building design and appearance;

14.

Master site signage in the case of multi-structure commercial or industrial park subdivisions or business/shopping center or plazas;

15.

The CUP is issued to the applicant, as operator of the use on the property applied. Conditionally permitted uses may be transferrable or non-transferrable to a new operator on the same property, as determined by the planning and zoning commission or city council;

16.

Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this chapter.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

No CUP shall become effective until after an elapsed period of 15 calendar days from the date of the adopted findings of fact.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4777, § 1(Exh. A), 12-18-2023)

During the 15 day period from the date of the action by the commission, written appeals from action of the commission may be taken to the council by the applicant or other interested party. The use permit shall not become effective until the determination of any appeal pending against it. Appeals accompanied by the appropriate fee as established by resolution of the city council shall be filed with the planning and zoning department. Said office shall transmit a notice of appeal to the city clerk.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

A CUP shall be subject to the plans (e.g., site plan, elevation, landscape plan, etc.) and other conditions upon the basis of which it was granted. Unless a different termination date is prescribed, the permit shall terminate six months from the effective date of its approval, unless a City of Nampa permit for alteration of the site or construction, or another planning and zoning entitlement related to the project is applied for prior to the end of that six-month period and subsequently approved. However, such period of time may be extended by the commission, upon application filed at any time before said period has expired (a six-month extension may be granted twice), but in no event shall the permit be extended for more than 12 months from the date the original CUP was first granted.

If a permit or other planning entitlement, as referenced above, expires, then the conditional use permit also expires. If a building permit has been issued and construction has commenced, but the building permit has expired because inspections have not been completed, the conditional use permit can be requested to be re-instated by the planning and zoning commission via business item.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4809, § 1(Exh. A), 6-3-2024; Ord. No. 4873, § 15, 6-16-2025)

In the event of a violation of any of the provisions of zoning regulations, conditional use permit criteria, or in the event of a failure to comply with any prescribed condition of approval, the planning director or his/her designee may, revoke any CUP.

Any citizen complaint or city citation related to noncompliance with the conditions of a conditional use permit shall be investigated by city staff. The applicant or owner of the subject property will be contacted by city staff and, if the complaint is found credible, material and not remedied, the CUP shall be revoked, via the above-mentioned process. A decision to revoke the conditional use permit by the planning and zoning director or his/her designee, may be appealed to the city council at a duly noticed public hearing by submitting an appeal application and fee to the planning and zoning department within 15 calendar days of the written decision.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4702, § 1(Exh. A), 12-5-2022; Ord. No. 4843, § 19, 2-3-2025)

The council, at the next duly held meeting, shall set a date and time for a public hearing on any appeal of the planning and zoning commission's grant of a CUP and notify affected parties and property owners within 300 feet of the property made the subject of the appeal. The commission or planning staff shall submit to the council a report setting forth reasons for the commission's action. Alternatively, members of the commission shall be present at the council's public hearing to represent the commission's position on the matter. The council, after said public hearing, shall render its decision within 60 calendar days (per Idaho State Code). The council may by resolution affirm, reserve or modify any decision, determination or requirements of the commission, but before granting any item which was approved or denied by the commission or before changing any of the conditions imposed by the conditions in the use permit, the council shall make written findings of facts setting forth wherein the commission findings were in error.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021; Ord. No. 4843, § 20, 2-3-2025; Ord. No. 4873, § 15, 6-16-2025)

Prior to granting a CUP or PUD permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least 15 calendar days prior to the hearing, notice of the time and place, and summary of the proposal shall be published in the city's official newspaper. Notice shall be posted on the premises not less than one week prior to the hearing. Notice shall also be provided property owners or purchasers of record within the land being considered, and within 300 feet of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed conditional use or PUD as determined by the commission. When notice is required to be given to 200 or more property owners, or purchasers of record, an alternative form of procedure of official notice shall be published in the official newspaper two consecutive days.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)

Holders of valid conditional use permits may apply to expand or modify the nature or conditions of their CUPs.

A.

Expansions to CUP authorized uses and/or structures. Expansions to uses and/or structures that were originally approved via a conditional use permit may be allowed in accordance with the following provisions:

1.

Scope of increase to facility or use less than ten percent. Proposed physical expansions that do not exceed ten percent of the square footage (whether related to one or more structure's size(s) and/or a use's area coverage on a property) of an approved conditional use shall be allowed without formal planning commission approval via hearing provided that they: a) conform to all zoning regulations of this title, b) any needed permits (e.g., building, right-of-way, variances, etc.) for such change are obtained from the city as appropriate, c) will not advisedly impact the surrounding neighbors, and d) will not increase residential dwelling unit density.

2.

Scope of increase to facility or use greater than ten percent. Proposed physical expansions to uses and/or structures exceeding ten percent of the square footage (whether related to one or more structure's size(s) and/or a use's area coverage/footprint on a property) of a use previously approved via a conditional use permit shall require commission approval via the public hearing process before any such expansion may occur.

B.

Modifications to conditions of CUP authorized uses and/or structures. The commission may revoke or modify CUP conditions if acting upon a request as applied for by a true representative of the CUP holder. Modifications to approval conditions imposed by the city council shall only be modified/changed by order of the council.

Modifications to approval conditions may be allowed provided that: 1) the modification will not result in unjustifiable negative impacts on surrounding properties; 2) the modification will comply with all zoning regulations; and 3) the modification will not unjustifiably burden adjacent roadways.

Changes that meet any of the following criteria shall require commission approval via the public hearing process (or council approval if they approved the original CUP request):

1.

A modification to a specifically approved or required open space area or amount (excepting those made a part of a subdivision plat or PUD);

2.

A change in elevation(s) of one or more structures where the elevation was once specifically required to be in a certain form or was proposed and accepted to be in a particular style or of a specified height;

3.

A change in the site layout of a project including relocation of pads, streets, structures, or parking areas when such were specifically approved or required as part of an earlier CUP approval;

4.

A request to delete one or more conditions of approval originally imposed on a CUP project; and/or,

5.

A request to change the nature of the use(s) the original CUP sanctioned provided that the new use(s) proposed are at least allowed via a new CUP issuance.

(Ord. No. 4617, § 1(Exh. A), 10-4-2021)