The purpose of this chapter is to establish standards and a framework of procedures for consideration of requests for special use permits (SUP). Special uses are not permitted by right in a particular zoning district but may be authorized following a public hearing provided that they comply with the standards established in this chapter. Special uses are specifically listed as such in each zoning district. Uses not specifically listed as special uses cannot be permitted by the procedures set forth in this chapter. An SUP is not transferable from one property to another, nor shall it be considered as establishing a binding precedent to grant other SUPs in similar locations or circumstances. Special use permits may be issued subject to specific performance or compliance with conditions as outlined in this chapter and as addressed by the specific proposal or application. (Ord. 2011-677, 6-13-2011)

In considering a special use request, appropriate conditions may be attached to mitigate impacts and to ensure conformance with the intent of the comprehensive plan and applicable provisions of this chapter. An application for special use permit may be approved as presented, conditionally approved, or denied upon determining the following:

   A.   Whether the proposed special use would/would not conform to the purposes and express terms of the applicable zoning district in which it would be located.

   B.   Whether the proposed use constitutes an allowable special use as established by this chapter for the zoning district involved, and complies with all other applicable laws, ordinances, and regulations of the city of St. Maries and the state of Idaho.

   C.   Whether the proposed special use as presented will/will not uphold the health, safety, and welfare of the public in general and be compatible with present or future land uses in the vicinity of the proposal.

   D.   Whether the proposed special use will/will not further positive development of the surrounding neighborhood in accordance with relevant policies set forth in the comprehensive plan and this zoning code. (Ord. 2011-677, 6-13-2011)

Conditions and requirements specific to the proposal may be attached to the approval of the SUP including, but not limited to:

   A.   Minimizing conflicts with present or future development.

   B.   Controlling the sequence and timing of development.

   C.   Controlling the duration of the development or use.

   D.   Assuring that development is maintained properly.

   E.   Controlling the location, setbacks, and other bulk standards of development.

   F.   Requiring more restrictive standards than those generally required in the zoning code for uses permitted outright. Such standards may include, but shall not necessarily 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 areawide 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.

   G.   Requiring mitigation of impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the planning jurisdiction. (Ord. 2011-677, 6-13-2011)

Except as modified by section 11-8-7 of this chapter or as expressly allowed by the terms of an SUP, if permits for development of a requested special use have not been issued within six (6) months of the date of granting an SUP, 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 SUP, the SUP shall be void. Upon a showing of good cause by the applicant, the city council may grant an extension not to exceed twelve (12) months. An extension to the permit may only be granted if applied for in writing to the administrator prior to the date of expiration and if the council finds, upon review of the record, that an extension is warranted due to circumstances outside of the control of the applicant. (Ord. 2011-677, 6-13-2011)

Special use permits may be granted pursuant to the procedure for processing applications following the notice and hearing procedures provided in sections 67-6512 and 67-6519 Idaho Code. (Ord. 2011-677, 6-13-2011)

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 the terms and conditions of special use permits issued pursuant to this chapter may be by criminal penalty or by civil action seeking to obtain compliance. (Ord. 2011-677, 6-13-2011)

   A.   A planned unit development (PUD) is a large scale special use permit that allows a measure of design flexibility by permitting variation of the distribution of land use density, variation of building placement standards, individual lot area, lot frontage requirements, access requirements, and variation of other performance standards required within a zoning district or combination of zoning districts when a development is planned in its entirety and when the variations can be demonstrated to benefit the development for those who will reside and conduct business affairs within the proposed development and for the community in general. The intent of the PUD process is to allow innovation in design that should prove superior to compliance with standard development requirements that are not the product of site specific integrated design.

   B.   A combination of residential, commercial, or industrial land uses may be permitted within a PUD. Any such mixed use planned unit development must follow the same procedures as those required for a change of zoning district boundaries.

   C.   Proposed uses and manner of implementation of such uses may be permitted within a PUD upon finding that the proposal:

      1.   Provides internal or external benefits that would not be achievable through compliance with the normally required zoning standards and regulations.

      2.   Is and will be compatible with surrounding land uses, both existing and future.

      3.   Furthers compliance with the goals and policies found in the city of St. Maries comprehensive plan.

   D.   A planned unit development that includes residential land use must provide open space of not less than ten percent (10%) of the gross land area designated for residential land use within project boundaries for the benefit of residents of the project or for benefit of the community in general. The location and design of common open space should be practically usable for outdoor activities. Open space with a slope in excess of twenty percent (20%) may be discounted from the required common open space required for a PUD project. Common open space provided in a PUD may be held and maintained privately for the use of owners or residents within the development, and/or may be designated as open for shared public use. Public utility rights of way and easements are generally not acceptable for common open space unless such land or rights of way are unimpaired as a trail or other similar benefit to the PUD or public. The responsibility for and the method of maintaining common open spaces shall be identified by the applicant as a facet of approval of any final PUD development plan.

   E.   Planned unit developments that include a subdivision shall be considered concurrently as a subdivision and PUD.

   F.   A planned unit development must provide for integrated and harmonious design and arrangement of buildings, uses, public facilities and open space. PUD proposals must provide adequate and properly arranged facilities for internal traffic circulation, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient. Buffering or screening commercial/industrial uses from residential uses within or adjacent to the development must be incorporated into the design.

   G.   The criteria to be applied to the review of a proposed planned unit development are:

      1.   Standards and criteria applicable to special use permits.

      2.   General concepts of community design addressed by the comprehensive plan.

      3.   Achieving compatibility and buffering internally and with neighboring uses.

      4.   Demonstrate design techniques preferable to strict adherence to terms of the zoning ordinance.

   H.   The final plans for the planned unit development shall contain sufficient detail and provide necessary specifications to construct the project. Among the necessary elements are:

      1.   A plan of the existing site of the proposed development showing the dimensions and bearings of the property lines, topography, existing features of the development site, including major wooded areas, structures, streets, easements, utility lines and land uses.

      2.   Engineered construction plans for water, sewer, storm drainage, street improvements, and the nature and extent of earthwork required for site preparation and development.

      3.   Scalable plans, showing building(s) and their placement, various functional use areas, common open space, circulation details, and landscaping.

      4.   Preliminary building plans including exterior elevations.

      5.   Phasing plans that depict the scope of each phase and a timetable for implementation.

      6.   Project documents to be used to designate the use, development and maintenance of the land, and the improvements thereon, including those areas that are to be commonly owned and maintained. The intent of designating such responsibility shall not be included within the scope of the city of St. Maries's enforcement authority but rather to determine where responsibility lies for maintaining compliance with terms of approval of any planned unit development.

      7.   The governing board must approve any final PUD application before construction may begin. Each individual phase of the development, as well as the total development, must be capable of existing as an independent unit capable of creating an environment of desirable aesthetics or that adequate assurance will be provided that such objective will be attained. Individual phases of any such development must conform to the overall density and use considerations required by the city of St. Maries's zoning ordinance and its comprehensive plan. Any exception from standard zoning district requirements must be justified by design and other amenities incorporated in the final development plans, in accordance with the preliminary PUD and adopted policy of the governing board as set forth in the comprehensive plan. The applicant must also satisfy the standards applicable to subdivisions of land set forth in the city of St. Maries subdivision ordinance. Final PUD plans must conform to the approved preliminary PUD plans.

   I.   No construction of any kind shall take place on the site of an approved PUD until final construction plans are reviewed and approved by the city of St. Maries engineer and a construction improvement agreement is completed and approved by the governing board.

   J.   The approval of a final development plan for the first phase of a PUD shall be for a period not to exceed one year, or as expressly authorized in a development agreement approved by the governing board. The time limit for a planned unit development construction may be extended once for no more than twelve (12) additional months by the administrator or for a maximum of two (2) years by action of the governing board.

   K.   Any proposed modification of the approved final development plan of a planned unit development must be submitted in writing by the applicant to the administrator. The request shall specify what modifications are proposed and why the changes are necessary. The administrator will determine whether or not the proposed modification is minor or major. If the modification is minor, the administrator may approve, approve with conditions, or disapprove the modification in writing, subject to confirmation by the governing board. Any major modification will require a public hearing before the planning and zoning commission in accordance with procedures specified by this title.

   L.   Development of land through a PUD for residential, commercial or industrial uses shall be required to comply with subdivision regulations and other city of St. Maries ordinances as applicable. (Ord. 2011-677, 6-13-2011)