Each district lists conditional uses that may be allowed if found to be compatible with surrounding land uses. Every use that requires a conditional use permit is declared to possess characteristics such as to require review and appraisal by the commission and council to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. (Ord. 518, 6-10-2008)

An approved conditional use permit shall at least meet the minimum bulk standards, such as, but not limited to, setback requirements, lot size and building height, of the underlying district. Exceptions to those requirements must be sought through the variance procedure. (Ord. 518, 6-10-2008)

An application for a conditional use permit shall be filed with the administrator by at least one owner or lessor of the property for which such conditional use is proposed.

   A.    At minimum, the application shall contain the following information:

      1.    Name, address and phone number of the applicant;

      2.    Legal description of the property;

      3.    Description of existing uses;

      4.    Zone district;

      5.    Description of proposed conditional use;

      6.    Site plan: The submittal shall include three (3) copies twenty-two inch by thirty-four inch (22" x 34") of the site plan to scale showing:

         a.    Proposed building(s);

         b.    Site boundaries;

         c.    Existing streets and easements;

         d.   Setbacks;

         e.    Parking areas;

         f.    Landscaping areas;

         g.    Sign location;

         h.    Northward sign.

      7.    An objective narrative statement evaluating the effects on adjoining property and proposed methods to mitigate those effects; a discussion of the general compatibility with adjacent and other properties in the vicinity.

      8.    Certificate of ownership.

      9.    A list of all property owners and their mailing addresses who are within three hundred feet (300') of the external boundaries of the land being considered which must be provided by and certified by a licensed title company doing business in Kootenai County, Idaho.

      10.   Application fees. (Ord. 518, 6-10-2008; amd. Ord. 604, 10-16-2019)

   A.    Notification: At least fifteen (15) days prior to the date of the public hearing the administrator shall cause the notice of time and place and a summary of the proposed conditional use to be published in the official newspaper or paper of general circulation within the city and its impact area. Notice by first class U.S. mail shall be sent to all property owners within at least three hundred feet (300') of the external boundaries of the subject property at least fifteen (15) days prior to the public hearing date. The administrator shall cause the notice to be posted upon three (3) distinctly visible areas of the subject site not less than seven (7) days prior to the public hearing, in a clear plastic protector.

   B.    Action By The Hearing Body: The planning and zoning commission shall hear conditional use permits. The commission shall consider the facts and circumstances of each conditional use application. In order to grant the conditional use permit, the commission must make the following findings:

      1.    The proposed use is allowed as a conditional use as established in this title for the zoning district involved.

      2.    The proposed use is harmonious with and in accordance with the general objective of the comprehensive plan.

      3.    The proposed use will not alter the intended character of the area.

      4.    The proposed use will not be detrimental to public health and safety or adjacent property.

      5.    The proposed use will not result in the destruction, loss or damage of a natural, environmental, scenic or historic feature of major importance.

   C.   Conditions Of Approval: In recommending approval of any conditional use permit, the commission may prescribe appropriate conditions and safeguards in conformity with this title. Conditions may include, but shall not be limited to, specific requirements that would:

      1.    Minimize adverse impacts on other development.

      2.    Control the sequence and timing of development.

      3.    Control the duration of development.

      4.    Assure proper maintenance of development.

      5.    Require the provision for on site and off site facilities or services.

      6.    Require more restrictive standards than those required by the Spirit Lake zoning ordinance.

   D.    Decision: Within a reasonable time following the public hearing the commission shall either grant or deny the applicant's request. The final decision shall be in writing and shall specify:

      1.    The standards used in evaluating the application.

      2.    The reason(s) for the decision. (Ord. 518, 6-10-2008)

   A.    Filing Of Appeal: Any person denied a permit or aggrieved by the decision granting a conditional use permit may, within seven (7) days of receipt of the written decision, file an appeal with the administrator and pay all associated fees. Notice shall be considered to have been received three (3) days after the date of mailing.

   B.    Action By The Council: The council shall hold a public hearing, subject to the same noticing requirements as the original public hearing before the commission, to consider the appeal. The council may approve, conditionally approve or deny the permit. (Ord. 518, 6-10-2008)

The applicant shall be provided written notice of the council's decision to approve, conditionally approve, or deny the application to the applicant. (Ord. 518, 6-10-2008)

Unless a longer time is specifically established as a condition of approval, a conditional use permit shall be considered void twelve (12) months following the effective date of the permit if construction is not being diligently pursued toward completion. (Ord. 518, 6-10-2008)

A conditional use permit may be suspended or revoked for failure to comply with the terms of the permit. (Ord. 518, 6-10-2008)

A conditional use permit is granted to the subject property and shall remain valid upon a change in ownership with all attached conditions. Conditional use permits are not transferable from one parcel to another. (Ord. 518, 6-10-2008)

More than one conditional use permit may be granted for a single parcel of property or a conditional use permit may be granted to a single parcel of property that currently contains a principal use allowed outright by that district. (Ord. 518, 6-10-2008)