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.

The Commission shall hold a public hearing on each special use permit application as specified in the Official Schedule of District Regulations. The Commission 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

A written application in substantially the following form must be submitted prior to any action by the Commission:

   A.   Name, address and phone number of applicant;

   B.   Proposed amending ordinance, approved as to form by the Council;

   C.   Present land use;

   D.   Present zoning district;

   E.   Proposed use;

   F.   Proposed zoning district;

   G.   A vicinity map at a scale approved by the Administrator showing property lines, thoroughfares, existing and proposed zoning and such other items as the Administrator may require;

   H.   A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land considered;

   I.   A statement on how the proposed change relates to the Comprehensive Plan, availability of public facilities and compatibility with the surrounding area. (Ord. 478, 12-7-1999, eff. 1-1-2000; amd. Ord. 2021-619, 9-14-2021)

The Commission 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 on the Official Schedule of District Regulations 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 the Zoning Ordinance;

   C.   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;

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

   E.   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;

   F.   Will not create excessive additional requirements at public cost for public facilities and services and will be detrimental to the economic welfare of the community;

   G.   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;

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

   I.   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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 a proposed development the Commission 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 special 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 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

In granting any special use, the Commission 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. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

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. 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. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. 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 special use as determined by the Commission. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, three (3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice appears ten (10) days prior to the public hearing. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

   A.   Within thirty (30) days after the public hearing, the Commission shall either approve, conditionally approve or disapprove the application as presented. If the application is approved or approved with modification the Commission shall direct the Administrator to issue a special use permit listing the specific conditions specified by the Commission for approval.

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 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; and

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

   B.   Prior to granting a special use permit, the Commission may request studies from the planning staff or 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 transferrable 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.

The applicant or any person who appeared in person or in writing before the Commission may appeal the decision of the Commission to the Council, provided the appeal is submitted to the Council within fifteen (15) days from the Commission's action. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Within ten (10) days after a decision has been rendered the Administrator shall provide the applicant with written notice of the action on the request. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)

Upon receipt of an appeal from the action of the Commission, the Council shall set a hearing date to consider all information, testimony and Commission's minutes of the public hearing to reach a decision to uphold, conditionally uphold or overrule the decision of the Commission. The Council shall only overrule the Commission by a favorable vote of one-half (1/2) plus one of the full Council. (Ord. 402, 5-5-1987; amd. Ord. 2021-619, 9-14-2021)