A.   The special use permit procedure is intended to provide uses that are not permitted by right in any district. It is recognized that an increasing number or 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, facilities that each specific use must be considered individually.

   B.   The city council shall hold a public hearing on each special use permit application as specified in this chapter. The city council may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

An application for a special use permit shall be filed with the city clerk by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:

   A.   Name, address and telephone number of applicants;

   B.   Legal description of property;

   C.   Description of existing use;

   D.   Zoning districts;

   E.   A plan of the proposed site for a special use, drawn to a readable scale, showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the city council may require to determine if the proposed special use meets with the intent and requirements of this title; and

   F.   An objective narrative statement evaluation the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

The city council shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   A.   Will, in fact, constitute a special use as established in this title for the zoning district involved;

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

   C.   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, 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;

   D.   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;

   E.   Will not create excessive additional requirements as to public cost for public facilities and services and will not be detrimental to the economic welfare or the community;

   F.   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;

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

   H.   Will not result in the destruction, loss or damage of a natural, scenic or historical feature of major importance. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

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 as shown on the future acquisition map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within the proposed development the city council 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 of the permit for sixty (60) days from the date of the request; however, if an agreement between the property owner and the public agency is not reached within sixty (60) days the city council shall resume consideration of the special use application;

   B.   Natural Features: Existing natural features which add 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 a large development, the city council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

In granting any special use, the city council may prescribe appropriate conditions, bonds, and safeguards in conformity with this title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this title. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Not more than forty (40) days following the filing of the application and prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held by the city council. At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposal shall be published in the official newspaper of the city. Notice by United States mail, postage prepaid, fifteen (15) days prior to the hearing shall also be provided to property owners and purchasers within three hundred feet (300') beyond, excluding streets and alleys, of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the city council. When notice is required to two hundred (200) or more property owners or purchasers, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice. The city clerk shall have the responsibility of preparing the public notice for the applicant. (Ord. 370, 6-9-2005; amd. Ord. 398, 8-14-2009)

   A.   Approval Or Disapproval: Within thirty (30) days after the public hearing, the city council shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modifications, the city council shall issue a special use permit listing the specific conditions specified by the city council for approval.

   B.   Conditions: Upon granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those:

      1.   Minimizing adverse impact on the other property;

      2.   Controlling the sequence and timing of development;

      3.   Controlling the duration of development;

      4.   Assuring that development is maintained properly;

      5.   Requiring the provisions for on site or off site public facilities or services; and

      6.   Requiring more restrictive standards than those generally required in an ordinance.

   C.   Studies; No Binding Precedent: Prior to granting a special use permit, the city council may request studies from the planning staff of public agencies (concerning 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.

   D.   Criteria Enumerated: Upon granting or denying an application, the city council shall specify in writing:

      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 application could take to obtain a permit. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

Within ten (10) days after a decision has been rendered, the city clerk shall provide the applicant with written notice of the action on the request. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

An affected person aggrieved by a decision of the city council may, after all remedies have been exhausted under local ordinance, seek judicial review. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

There shall accompany any application processed under this section a certificate of a reputable title insurance company licensed under the laws of the state, listing the names and addresses of the record owners or contract purchasers as shown by the records of the office of the county recorder, all persons to whom the property is assessed upon the tax rolls of the county assessor of Benewah County within three hundred feet (300') of the external boundaries of the land being considered. The cost of the title report shall be the sole responsibility of the applicant. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)

If the time limit expires and no extension has been granted, or if any of the conditions to the use or development are not maintained then the special use permit shall be considered null and void. Continued operation of a use requiring a special use permit after such special use permit expires or is in noncompliance with any condition of a special use permit, shall constitute a violation of this title. (Ord. 320, 9-14-1995; amd. Ord. 398, 8-14-2009)