The purpose of this chapter is to make possible certain land uses not routinely permitted. Applications for such uses receive individual consideration, consistent with Idaho Code 67-6512, the comprehensive plan, and this code.
The intent of this chapter is to set forth the procedures for applying for and deciding an application for a special use permit.
Application Form: The city council shall approve an application form, requiring the following information:
Name and contact information of the applicant, with spaces for signature and date.
Agreements to allow inspection, pay costs, provide mailing labels, and post notice.
Street address and legal description of the property, zoning classification, description of existing use, description and plan of proposed use, and evaluation of effects on adjacent properties and to the neighborhood.
As applicable, plans should show such facilities as structures, access and parking, open space and landscaping, service areas, utilities, signs, and lighting.
As applicable, effects on other properties should include such potential nuisances as noise, air pollution, vibration, and excessive hours of operation.
Dates and conditions of expiration and/or revocation of the permit.
Fees: Fees are established by resolution of the city council.
The fee schedule shall be posted in the office of the administrator.
Fees may include actual expenses, such as for advertising, postage, and administrative costs.
Fees must be paid in full, or arrangement for payment agreed to by city council, before the application is considered complete or administrative action is undertaken.
Effect Of Permit:
A special use permit shall expire one year from the date of final approval if the permitted use is not begun by that time. The permit shall remain in force for so long as the permittee continues to use the property as allowed under the permit and in accordance with all standards and conditions of the permit.
Work or use undertaken that does not comply with the permit, or with conditions or standards of the permit, shall constitute grounds for revocation of the permit. The permittee shall be given written notice of any violation of the permit. If the violation is not corrected within thirty (30) days, the city council may terminate the permit.
Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use, (IC § 67-6512(e)) or other additional information may be required. In case of such requirement, the time period for action shall start upon submission of the additional information. If the applicant does not submit the required information within ninety (90) days of the request, the application shall become null and void.
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. (IC § 67-6512(e))
Governmental instrumentalities shall use the following criteria in considering an application, as applicable:
Consistency with special use provisions on the land use schedule;
Completeness and applicability of information in the application;
Principles and standards in state statutes, the comprehensive plan, and this code;
Reports from experts, departments, and agencies;
Testimony from public hearing;
Characteristics of the proposed use;
Potential impacts on the neighborhood;
Considerations inherent to the locale, including, but not limited to, the transportation plan, water and utilities, and adjacent land uses; and
Upon the granting of a special use permit, conditions may be attached, including, but not limited to, those (IC § 67-6512(d)):
Minimizing adverse impact on other development;
Controlling the sequence and timing of development;
Controlling the duration of the development;
Ensuring that development is maintained properly;
Designating the exact location, nature, and scope of development;
Requiring the provision for on site or off site public facilities or services;
Requiring more restrictive standards than those generally required in this code;
Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city; and
Requiring a bond or other financial surety.
Conditions must be sufficiently explicit to make compliance and enforcement feasible.
Review By Departments And Agencies: Within ten (10) days of receipt, the administrator shall transmit copies of an application to any concerned departments and agencies for their review. The administrator shall notify the planning and zoning commission which departments and agencies are queried, and shall place replies in the applicant's file. Failure to reply in writing within fifteen (15) days implies acceptance by a given department or agency. Possible concerned departments and agencies include, but are not limited to, city departments (e.g., streets, water, sewer, engineer), district 7 health, school district, Idaho transportation department and/or Madison County roads, utility companies, soil conservation service, emergency services, and irrigation districts.
Agenda: After review by departments and agencies, the administrator shall place the application on the agenda of the next regularly scheduled meeting of the planning and zoning commission.
Notice Of Public Hearing: The administrator shall provide notice of public hearings as required in Idaho Code 67-6512.
Posting On Site: In case site posting is required, the administrator shall issue placards to the applicant. The applicant shall be responsible for posting placards on all external boundaries of the site at least fifteen (15) days prior to the public hearing.
Notification Of Action: Within ten (10) days after action by city council, the administrator shall notify the applicant of the action, including documentation of the ordinance and standards used in weighing the application, reasons for approval or denial, and actions, if any, that the applicant could take to obtain approval. (IC § 67-6519)
Permits To Assessor: The administrator shall forward permits to the Madison County assessor in accordance with Idaho Code 67-6522.
Planning And Zoning Commission:
The planning and zoning commission shall conduct a public hearing in accordance with Idaho Code 67-6512 within forty nine (49) days of determining that the application is complete. The planning and zoning commission shall recommend approval, conditional approval, or denial within thirty five (35) days after its final public hearing, unless this time limit is extended by mutual agreement with the applicant(s).
Within fourteen (14) days after making its decision regarding its recommendation, the planning and zoning commission shall report its recommendation to city council, including documentation of the ordinance and standards used in weighing the application, reasons for approval or denial, and actions, if any, that the applicant could take to obtain approval. (IC § 67-6519)
City Council:
City council may hold public hearings additional to those required by law.
City council shall not take an action that differs materially from the recommendation of the planning and zoning commission without having held a public hearing.
Within thirty five (35) days after its final public hearing or after receiving the recommendation of the planning and zoning commission, whichever is later, city council shall approve, conditionally approve, or deny the application, unless this time limit is extended by mutual agreement with the applicant(s).
The purpose of this chapter is to make possible certain land uses not routinely permitted. Applications for such uses receive individual consideration, consistent with Idaho Code 67-6512, the comprehensive plan, and this code.
The intent of this chapter is to set forth the procedures for applying for and deciding an application for a special use permit.
Application Form: The city council shall approve an application form, requiring the following information:
Name and contact information of the applicant, with spaces for signature and date.
Agreements to allow inspection, pay costs, provide mailing labels, and post notice.
Street address and legal description of the property, zoning classification, description of existing use, description and plan of proposed use, and evaluation of effects on adjacent properties and to the neighborhood.
As applicable, plans should show such facilities as structures, access and parking, open space and landscaping, service areas, utilities, signs, and lighting.
As applicable, effects on other properties should include such potential nuisances as noise, air pollution, vibration, and excessive hours of operation.
Dates and conditions of expiration and/or revocation of the permit.
Fees: Fees are established by resolution of the city council.
The fee schedule shall be posted in the office of the administrator.
Fees may include actual expenses, such as for advertising, postage, and administrative costs.
Fees must be paid in full, or arrangement for payment agreed to by city council, before the application is considered complete or administrative action is undertaken.
Effect Of Permit:
A special use permit shall expire one year from the date of final approval if the permitted use is not begun by that time. The permit shall remain in force for so long as the permittee continues to use the property as allowed under the permit and in accordance with all standards and conditions of the permit.
Work or use undertaken that does not comply with the permit, or with conditions or standards of the permit, shall constitute grounds for revocation of the permit. The permittee shall be given written notice of any violation of the permit. If the violation is not corrected within thirty (30) days, the city council may terminate the permit.
Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use, (IC § 67-6512(e)) or other additional information may be required. In case of such requirement, the time period for action shall start upon submission of the additional information. If the applicant does not submit the required information within ninety (90) days of the request, the application shall become null and void.
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. (IC § 67-6512(e))
Governmental instrumentalities shall use the following criteria in considering an application, as applicable:
Consistency with special use provisions on the land use schedule;
Completeness and applicability of information in the application;
Principles and standards in state statutes, the comprehensive plan, and this code;
Reports from experts, departments, and agencies;
Testimony from public hearing;
Characteristics of the proposed use;
Potential impacts on the neighborhood;
Considerations inherent to the locale, including, but not limited to, the transportation plan, water and utilities, and adjacent land uses; and
Upon the granting of a special use permit, conditions may be attached, including, but not limited to, those (IC § 67-6512(d)):
Minimizing adverse impact on other development;
Controlling the sequence and timing of development;
Controlling the duration of the development;
Ensuring that development is maintained properly;
Designating the exact location, nature, and scope of development;
Requiring the provision for on site or off site public facilities or services;
Requiring more restrictive standards than those generally required in this code;
Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city; and
Requiring a bond or other financial surety.
Conditions must be sufficiently explicit to make compliance and enforcement feasible.
Review By Departments And Agencies: Within ten (10) days of receipt, the administrator shall transmit copies of an application to any concerned departments and agencies for their review. The administrator shall notify the planning and zoning commission which departments and agencies are queried, and shall place replies in the applicant's file. Failure to reply in writing within fifteen (15) days implies acceptance by a given department or agency. Possible concerned departments and agencies include, but are not limited to, city departments (e.g., streets, water, sewer, engineer), district 7 health, school district, Idaho transportation department and/or Madison County roads, utility companies, soil conservation service, emergency services, and irrigation districts.
Agenda: After review by departments and agencies, the administrator shall place the application on the agenda of the next regularly scheduled meeting of the planning and zoning commission.
Notice Of Public Hearing: The administrator shall provide notice of public hearings as required in Idaho Code 67-6512.
Posting On Site: In case site posting is required, the administrator shall issue placards to the applicant. The applicant shall be responsible for posting placards on all external boundaries of the site at least fifteen (15) days prior to the public hearing.
Notification Of Action: Within ten (10) days after action by city council, the administrator shall notify the applicant of the action, including documentation of the ordinance and standards used in weighing the application, reasons for approval or denial, and actions, if any, that the applicant could take to obtain approval. (IC § 67-6519)
Permits To Assessor: The administrator shall forward permits to the Madison County assessor in accordance with Idaho Code 67-6522.
Planning And Zoning Commission:
The planning and zoning commission shall conduct a public hearing in accordance with Idaho Code 67-6512 within forty nine (49) days of determining that the application is complete. The planning and zoning commission shall recommend approval, conditional approval, or denial within thirty five (35) days after its final public hearing, unless this time limit is extended by mutual agreement with the applicant(s).
Within fourteen (14) days after making its decision regarding its recommendation, the planning and zoning commission shall report its recommendation to city council, including documentation of the ordinance and standards used in weighing the application, reasons for approval or denial, and actions, if any, that the applicant could take to obtain approval. (IC § 67-6519)
City Council:
City council may hold public hearings additional to those required by law.
City council shall not take an action that differs materially from the recommendation of the planning and zoning commission without having held a public hearing.
Within thirty five (35) days after its final public hearing or after receiving the recommendation of the planning and zoning commission, whichever is later, city council shall approve, conditionally approve, or deny the application, unless this time limit is extended by mutual agreement with the applicant(s).
