1. Special Use Permits—Standards. The purpose of this section is to establish standards and a framework of procedures for consideration of requests for special use permits. Special uses are not permitted by right in a particular zoning district but may be authorized in the use matrix set forth in Chapter 17.06 SAMC of this title, and following a public hearing provided that they comply with the standards established by this title. Conditional use as used in this title is the same as "special use" referenced in I.C. § 67-6512, as such code provision exists at the time of enactment of this title. A special use permit is not transferable from one parcel of land to another, nor shall it be considered as establishing a binding precedent to grant other special use permits in similar locations or circumstances. A special use permit may be issued subject to performance or compliance with conditions as outlined in this title and as addressed by the specific proposal or application.
   
2. Procedures. Special use permit requests require a public hearing before the planning and zoning commission (or hearing examiner) following appropriate procedures. Notice shall comply with legal requirements established by Idaho Code. Any decision by the planning and zoning commission may be appealed to the city council by an affected person within no more than fourteen days after the final decision of the planning and zoning commission has been rendered. Any such request to appeal must be signed by the appellant and received by the administrator within the time constraints established by this title. An appeal not timely filed shall be dismissed. Failure to appeal a decision of the planning and zoning commission to the council shall constitute a failure to exhaust administrative remedies pursuant to this title.
   
3. Application Required. A completed special use permit application shall be submitted to the administrator which shall include, among other matters addressed by the application form; a description of the use proposed; the manner of implementation of the proposed use including information about appearance, materials to be used, and configuration; how it would be compatible with infrastructure and land uses, present and future; and why the proposal would be in the public interest.
   
4. Hearing and Standards of Decision. As its schedule and agenda allow the planning and zoning commission shall conduct a public hearing and shall consider testimony and other evidence and review the particular facts and circumstances of each proposed special use. In considering a special use request, the planning and zoning commission may attach appropriate conditions to mitigate impacts and to ensure conformance with the intent of the comprehensive plan and applicable provisions of this title. An application for a special use permit may be approved as presented, conditionally approved with a special use permit, or denied by the planning and zoning commission upon determining the following:
   
   1. Whether the proposed special use would or would not conform with the purposes and express terms of the applicable zoning district in which it would be located.
      
   2. Whether the proposed use constitutes an allowable special use as established by this title for the zoning district involved, and complies with all other applicable laws, ordinances, and regulations of the City of St. Anthony and the state.
      
   3. Whether the proposed special use as presented will or will not be compatible with the health, safety, and welfare of the public in general and with present or future land uses in the vicinity of the proposal.
      
   4. Whether the proposed special use will or will not further positive development of the vicinity in accordance with relevant policies set forth in the comprehensive plan and land use ordinances.
      
5. Conditions. When granting a special use permit, the planning and zoning commission may attach conditions and requirements specific to the proposal including, but not limited to:
   
   1. Minimizing conflicts with present or future development.
      
   2. Controlling the sequence and timing of development.
      
   3. Controlling the duration of development.
      
   4. Assuring that development is maintained properly.
      
   5. Controlling the location and setbacks of development.
      
   6. Requiring more restrictive standards than those generally required in the zoning ordinance for uses permitted outright. Such more restrictive standards may include, but not be limited to: additional setbacks, requiring development within time limitations, height restrictions, additional landscaping or screening, lighting restrictions, signage restrictions, selection of building or hardscape materials, location of site accesses, location of site features, prescribing site layout, circulation or grading, restricting hours of operation or activity, design limitations, circulation limits for vehicles or pedestrians, control of site drainage or area-wide drainage patterns, prescribing specific use limitations and such other features of use or site development as may be needed to enhance compatibility with use of surrounding lands and public facilities.
      
6. Decision Required. When granting or denying an application, the commission shall specify the relevant facts considered in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain a permit. The applicant will be notified of the decision in writing. A decision as to a special use permit may be appealed to the council within fourteen days of final action by the planning and zoning commission by an applicant or other affected person.
   
7. Permits and Progress Required. Unless expressly allowed to the contrary by the terms of a special use permit, if permits for development of a requested special use have not been issued within six months of the date of granting a special use permit or if development of the approved special use has not commenced with sustained effort to complete development within one year after granting approval of the special use permit, the special use permit shall become null and void, unless the planning and zoning commission or council, whichever gave final approval, has granted an extension, such extension not to exceed twelve months upon a showing of good cause by the applicant. An extension to the permit may only be granted if applied for in writing to the approving body prior to the date of expiration and if the approving body finds, upon review of the record, that an extension is warranted due to circumstances outside control of the applicant.
   
8. Violation—Revocation or Penalty. Any special use that operates in violation of the requirements or conditions established for a special use permit, pursuant to this chapter, may be revoked and the use restricted, suspended, and/or be subject to penalties for violation of this title. Enforcement of provisions of terms of special use permits issued pursuant to this title shall follow the provisions outlined in Chapter 17.11 SAMC of this title.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. A variance is a discretionary exception to the requirements of the zoning ordinance concerning bulk and placement standards such as lot area, lot coverage, width, depth, setbacks, parking location requirements, height, or any other ordinance provision affecting the size of a structure or the placement of the structure upon the property. Variances may be permitted when, due to unusual natural physical characteristics of the site, a literal enforcement of the provisions of this title would result in unnecessary hardship denying an owner all reasonable use of the owner's land. An applicant for a variance bears the responsibility for demonstrating an undue hardship because of unique physical characteristics of the site, and after meeting that obligation must demonstrate that the implemented variance would not harm the public interest.
   
2. A complete application using an application form supplied by the administrator shall include a drawing of the site, a written description of the variance requested, reasons why the variance is warranted, and any supporting documents. The application will be scheduled for public hearing whenever it can be accommodated by the schedule of the hearing body.
   
3. At least one public hearing must be held before the planning and zoning commission using the hearing and notice procedure required by state law.
   
4. The planning and zoning commission shall consider the following when deciding a variance request:
   
   1. Whether unvaried application of the provisions of this title would deprive the applicant of all reasonable use of his land and whether circumstances exist that are peculiar to the natural conditions of the land in ways not generally applicable to other lands in the community.
      
   2. Whether the variance, if granted, would harm the public interest by adversely affecting public safety, the environment or the legitimate interests of neighboring owners.
      
5. When granting or denying an application, the commission shall specify the relevant facts considered in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain a permit. The applicant will be notified of the decision in writing. A variance decision may be appealed to the council within fourteen days of final action by the planning and zoning commission by an applicant or other affected person.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. All decisions made by the planning and zoning commission or council shall be made in a manner and form consistent with the requirements of Idaho law. Specifically, decisions shall be made within a reasonable time, not to exceed sixty days from the date of the last hearing, and shall be in writing and include: (a) Reference to the ordinance and standards used in evaluating the application; (b) The reasons for approval or denial; (c) The actions, if any, that the applicant could take to obtain approval, and (d) Notice to the applicant regarding the applicant's right to request a regulatory taking analysis. Decisions that are deemed quasi-judicial shall identify relevant facts and provisions of law that lead to the conclusion reached. In recognition that such requirements may change from time to time by virtue of judicial decision and legislative enactment, decision-makers are referred to relevant provisions of state law for guidance in shaping decisions required by this title.
   
2. All decisions that are deemed legislative decisions by requirements of state law shall be undertaken in the same manner that legislative decisions are typically made.
   

(Ord. No. 2015-01, § 2, 2-26-2015)

1. A temporary use is a land use established for a period of time not to exceed thirty to ninety days in a calendar year, depending on the nature of the use, and does not require permanent site improvements. Unless a temporary use permit has been approved pursuant to ordinances of the City of St. Anthony, establishment of any land use will be presumed to require compliance with all applicable provisions of this title.
   
   Temporary uses may be allowed in appropriately zoned areas without full site development as otherwise required by this title. Such uses may include, but are not limited to, erection of temporary structures such as tents, fences, booths or parking of trailers for activities such as carnivals, circuses, fairs, religious meetings, temporary outdoor displays and/or sale of Christmas trees, art objects or other items and other similar activities conducted either outdoors or within temporary structures. The actual use embodied by a temporary use permit must be a permitted use in the zoning district in which it is proposed to be located. The temporary use permit may be allowed subject to conditions required by the administrator so long as the administrator determines that granting the temporary use permit will not harm the public interest if the required conditions are complied with.
   
   
2. An application for a temporary use shall include a written description of the use, proposed starting date of the use, and a drawing of the site that shows the location of the use, access, setbacks from property lines, parking, restroom facilities (if applicable), and any other pertinent information that the administrator may require to evaluate the use. An application for a temporary use with a duration in excess of thirty days shall include the names and addresses of abutting land owners. The administrator will prepare a notice of the administrative permit request and mail it to abutting property owners who will have seven days from the date of mailing within which to respond with written comments supporting or opposing the request.
   
3. A temporary use may be approved, approved with conditions, or denied by the administrator or if the administrator chooses it may be reviewed by the planning and zoning commission for approval. A temporary use permit is valid on the date of approval or on the date requested by the applicant and will be valid for the time period requested or no more than ninety days during a calendar year, such days to be designated at the time of issuance. The administrator or commission, when deciding a temporary use permit request, should consider the following:
   
   1. Whether the proposed temporary use would be consistent with the general policies of the zoning ordinance and comprehensive plan.
      
   2. Whether the use would otherwise be permitted within the zoning district wherein located.
      
   3. Whether granting the temporary use permit would be detrimental to the nearby neighborhood or to the community in general.
      
   4. Whether the proposed temporary use would create a traffic hazard.
      
   5. Whether the proposed temporary use would impair the functioning of community facilities or delivery of public services.
4. Provisions for temporary use of RVs or campers. The parking and use of a recreational vehicle or camper may be permitted as a temporary use to accommodate visitors on a residential lot subject to the following restrictions:
   
   1. The total length of time an RV or camper may be located on a lot to accommodate visitors shall not exceed fourteen days during one calendar year. (This shall not apply to the storage of a personal RV or camper by the owner of the property when it is not occupied.)
      
   2. The location of the camper or RV shall not block the clear vision triangle established in Section 17.09.010(A) SAMC, nor shall it be placed in any street or public right-of-way, including sidewalks, or impede pedestrian or motor vehicle traffic.
      
   3. The use of the RV or camper shall not result in any sanitary or public health concerns nor utilize public/city-maintained water or wastewater systems for service or disposal of wastewater or the use of private dumpsters for garbage disposal.
      
   4. The use of the RV or camper shall not result in a violation of the noise restrictions established in Section 17.09.020 SAMC.
      

(Ord. No. 2015-01, § 2, 2-26-2015)

1. Certain limited business or professional uses may be conducted as a home occupation within a residential dwelling as a permitted land use subject to specific limitations established to maintain compatibility with the surrounding residential neighborhood. Examples of permissible use types include home offices, home child care, handicrafts, computer activities, tailoring, barber/hair salon or similar businesses. The purpose of this section is to establish standards for home occupations that retain and do not disturb the residential character of a neighborhood.
   
2. Before establishing a home occupation, an application fee must be paid and an application must be approved by the administrator, in response to an application which addresses necessary information to demonstrate compliance with this title in addition to providing an accurate and concise description of the requested home occupation.
   
3. The administrator will review the application materials and may grant, grant with conditions, or deny a home occupation permit upon finding that the home occupation will not change the character of the neighborhood or create a nuisance (noise, dust, odor, excessive traffic, etc.) and that it complies with the standards established by this title. The administrator will review the application to determine that the use will meet the home occupation standards addressed by this title. A permit may be revoked or a enforcement actions taken for noncompliance with ordinance standards or conditions of approval.
   
   A decision by the administrator may be appealed to the planning and zoning commission and thereafter to the council respectively, in accordance with procedures established by this title. A home occupation permit is non-transferable and is valid so long as there is compliance with the conditions of approval issued with the permit and home occupation standards set forth herein are met.
   
   
4. Home Occupation Performance Standards. All home occupations shall comply with the following standards, in addition to the site-specific conditions required by the administrator:
   
   1. The home occupation is conducted entirely within the dwelling and an accessory building, and is carried on by members of the family residing in the building with no more than one additional employee outside of the resident family.
      
   2. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling.
      
   3. Signs are limited to one non-flashing, non-neon, sign not larger in area than two square feet. If lighted, the lighting shall be indirect. See Chapter 15.20 SAMC of this code for other restrictions.
      
   4. Not more than the equivalent of twenty-five percent of the ground floor area of the dwelling is devoted to the home occupation.
      
   5. The activities in connection with the home occupation including the regular sale of goods on the premises shall not lead to an increase in traffic which creates parking concerns or a nuisance in a residential neighborhood.
      
   6. Home occupations are subject to the requirements of the city for business licenses (see chapter 5.12 SAMC). Any other commercial activities conducted on residential lots outside of these above listed parameters must be addressed as special use applications.
      

(Ord. No. 2015-01, § 2, 2-26-2015)