A.   Individual Consideration: It is recognized that an increasing number of new kinds of uses are appearing daily, 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.

   B.   Public Hearing Required: The planning and zoning commission shall hold a public hearing on each conditional use permit application. The commission may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title and when it is not in conflict with the comprehensive plan. (Ord. 57, 4-18-1988)

   A.   Contents: An application for conditional use permit shall be filed with the planning and zoning administrator/building inspector by at least one owner or lessee of property for which such conditional 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.   Zone classification;

      5.   Description of proposed conditional use;

      6.   A plan of the proposed site for the conditional 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 other such information as the planning and zoning commission may require to determine if the proposed conditional use meets the intent and requirements of this title;

      7.   A narrative statement evaluating the effects on adjoining property of such elements as noise, glare, odor, fumes, and vibration; a discussion of the general compatibility with adjacent and other properties in the zone; and the relationship of the proposed use to the comprehensive plan;

      8.   Names and addresses of adjoining property owners within three hundred feet (300'), and people living on the land being considered.

   B.   Fee: A filing fee shall accompany the application (see schedule of fees adopted herein by reference and on file in the office of the county clerk). (Ord. 57, 4-18-1988)

   A.   The planning and zoning commission shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

      1.   Will, in fact, constitute a conditional use;

      2.   Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and this zoning title;

      3.   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;

      4.   Will not be hazardous or disturbing to existing or future neighboring uses;

      5.   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;

      6.   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;

      7.   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;

      8.   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

      9.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance; and

      10.   Will not generate noise greater than sixty (60) dBA between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M. at the property line of the applicant.

   B.   A conditional use is deemed personal in nature and cannot be transferred with title to the property. (Ord. 2015-02, 9-28-2015)

   A.   Supplemental Conditions: In granting any conditional use, the planning and zoning commission may prescribe appropriate conditions, use agreements, bonds and safeguards which are in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title.

   B.   Nonuse After Issuance; Automatic Termination: In the event that the use which is permitted pursuant to a conditional use permit as granted by the Payette County planning and zoning commission is not commenced within one year from the date of issuance, the conditional use permit shall terminate automatically, without notice of any kind, and shall become null and void and without any force or effect one year from the date of issuance. In addition, in the event that the use which is permitted pursuant to the conditional use permit is abandoned for a period of one year, the conditional use permit shall be rendered null and void and without any force or effect, without any notice. In order to reestablish the use or a similar use the grantee must again make application to the planning and zoning commission. Nonuse for a period of one year shall be deemed conclusive evidence of abandonment. (Ord. 2009-03, 6-15-2009)

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 is located in whole or in part within a proposed development, the planning and zoning administrator 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 conditional 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; and

   C.   Special Developments: In the case of planned unit developments and large scale developments, the planning and zoning commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 2009-03, 6-15-2009)

   A.   Public Hearing: Prior to granting a conditional use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held.

   B.   Notice Of Hearing:

      1.   Publication Of Notice: 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 jurisdiction for use as a public service announcement.

      2.   Written Notice By Mail: Written notice sent by regular United States mail shall be provided to adjoining property owners as indicated on the records of the county assessor's office, owners and residents with the land being considered, one thousand feet (1000') beyond the external boundaries of the land being considered, the manager or person in charge of the local airport if the request could create an aviation hazard as defined in section 21-501 Idaho Code; and any additional area that may be substantially impacted by the proposed conditional use as determined by the planning and zoning commission. Notice may be sent to any affected irrigation district or water delivery entity. (Ord. 57-H, 12-14-1992; amd. Ord. 2015-02, 9-28-2015; Ord. 2021-07, 9-13-2021)

   A.   Approval/Denial Of Permit: Within sixty (60) days after the public hearing, the planning and zoning commission will either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the commission shall direct the planning and zoning administrator to issue a conditional use permit listing the specific conditions specified by the commission for approval.

   B.   Additional Conditions And Requirements: Upon granting of a conditional use permit, conditions may be attached to a conditional use permit, including, but not limited to, the following:

      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;

      7.   Requiring more restrictive standards than those generally required in this title; and

      8.   Minimizing impact on irrigation or water delivery systems.

   C.   Additional Information; Transferability: Prior to granting a conditional use permit, the planning and zoning commission may require additional information concerning social, economic, fiscal and environmental effects of the proposed conditional use. A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. A conditional use permit is not transferable from one parcel of land to another. Upon granting or denying an application, the commission 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.

   D.   Written Notice Of Planning And Zoning Commission Decision: Within thirty (30) days after a decision by the commission has been rendered, the planning and zoning administrator shall provide the applicant with written notice of the action on the request.

   E.   Appeal: The applicant or any affected person who appeared in person or in writing before the planning and zoning commission may appeal the decision of the commission in accordance with chapter 18 of this title. (Ord. 2009-03, 6-15-2009)

   A.   The expiration dates for additional building permits obtained through the conditional use process which were in existence at the time of the repeal of the previous section 8-9-8 of this chapter were extended until the end of July 2001.

   B.   Existing building rights for additional dwellings which were obtained pursuant to the conditional use process of the previous section 8-9-8 of this chapter prior to its repeal 1 are hereby extended for a period of ten (10) years (July 2011). (Ord. 2009-03, 6-15-2009)