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 specified 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 in section 9-6-2 of this title. The commission may grant, conditionally grant or deny the application under the conditions as hereinafter specified and considering such additional safeguards as will uphold the intent of this title, state law and comprehensive plan of the city.

(Ord. 445, 11-9-1999)

An application for special use permit shall be filed with the city clerk by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:

1. Name, address and phone number of applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning district;
5. Description of proposed use;
6. A concept plan of the proposed site for the special use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission or city may require to determine if the proposed special use meets the intent and requirements of this title; and
7. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.

(Ord. 445, 11-9-1999)

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:

1. Will, in fact, constitute a special use as established on the official schedule of district regulations in section 9-6-2 of this title for the zoning district involved;
2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title;
3. 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;
4. Will not be hazardous or disturbing to existing or future neighboring uses;
5. 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;
6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
8. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;
9. Will not result in the destruction, loss or damage of a natural, scenic or historic features of major importance; and
10. Will not adversely impact the ability of political subdivisions, including school districts, to provide services for the proposed use.

(Ord. 341, 12-1-1988, eff. 12-1-1988; amd. Ord. 374, 4-13-1992)

1. Violation: In considering any special use, the city 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.
2. Nontransferable: All special use permits shall not be transferable from one person to another without approval and review by the planning and zoning commission upon application of the holder of the permit and the person to whom it is proposed to be transferred. In the event there has been substantial compliance with the terms and conditions of the special use permit by the holder, the permit may be ordered transferred, without change of the terms and special conditions, by the planning and zoning commission upon assurance of the proposed transferee that they will abide by the terms and conditions of the special use permit. If the commission finds that there has not been substantial compliance with the terms and conditions of the special use permit, it may consider the addition of additional terms and conditions in accordance with the provisions of this chapter.
3. Time Limit For Issuance Of Permit: Any order granting a special use permit shall become null and void in the event the applicant has not had a special use permit issued by the city clerk as provided in this chapter within two (2) years of the date of the commission's order. For good cause and upon a showing of due diligence, the applicant can request, and the commission can grant, a one year extension one time so long as the application is filed before the running of the two (2) year period.

(Ord. 445, 11-9-1999)

1. 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 each hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper of the city. 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 be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within three hundred feet (300') of 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.
2. When notice is required to two hundred (200) or more property owners or purchasers of record, notice may be provided by a summary of the proposal being published in the official newspaper of the city at least fifteen (15) days prior to the hearing and, in addition, a notice shall also be made available to radio and television stations serving the city and the Canyon County region as per public service announcements and notice shall be posted on the premises and posted in not less than seven (7) conspicuous places located throughout the city. The applicant is responsible for all notices and publishing costs.
3. All public hearings conducted by the commission or by the city council shall be conducted as follows:
   1. All persons wishing to testify either for or against the application must sign a list which will be maintained by the city clerk and/or secretary, as the case may be, and available to all those who wish to speak immediately preceding the time and at the place that the hearing is to be conducted.
   2. At the time the meeting is convened for the purpose of the conduct of the public hearing, the commission and/or council, as the case may be, shall designate a person to read the application.
   3. There shall be reported to the commission and/or the council, as the case may be, all materials, studies, reports or other materials which are being considered by the commission and/or the city council.
   4. All persons wishing to speak on behalf of the application shall present testimony in the order assigned to them by the commission and/or council and each speaker must, at the time of giving their testimony, specify who they are, what their address is, whether or not they are speaking in favor or against the application and state their interest in the granting or denial of the application and each speaker may present any and all other relevant information that would pertain to the application.
   5. Following the giving of testimony by those persons in favor of the application, the commission and/or council, as the case may be, may receive testimony from those speaking in opposition to the granting of the application in the order assigned to them by the commission and/or city council, as the case may be. All testimony received must be in accordance with the provisions hereinabove specified for those speaking in behalf of the application.
   6. Following the receipt of testimony in opposition to the application, the commission and/or the city council, as the case may be, shall receive testimony from those speaking in favor of the application limiting that testimony to points brought out by those speakers speaking in opposition to the application and not redundant of information previously brought forward by those speaking in behalf of the application. All speakers testifying shall follow those procedures appertaining hereinabove set forth for those speaking in behalf of the application.
   7. Following receipt of rebuttal testimony by persons in behalf of the application, the commission and/or the council may receive testimony in the order they establish by persons speaking against the application as to specific points brought forth in the rebuttal testimony of those speaking in behalf of the application. Each person testifying shall testify in accordance with those procedures hereinabove set forth for speakers in behalf of the application.
   8. The commission shall have the right to restrict all testimony to relevant evidence (anything having a tendency to make the existence of any fact that is of consequence in making the determination on the application more probable or less probable than it would be without the evidence).
   9. In the event the commission and/or the city council, as the case may be, shall receive additional reports or studies, those appearing either in behalf of or in opposition to the application may have an equal opportunity to address those points brought forth in those studies and/or reports in the order and in the manner hereinabove specified.
   10. Following the receipt of all testimony and all studies and/or reports, the commission and/or the city council, as the case may be, shall declare the public hearing closed and proceed to deliberate and decide on the application, at which time, no further reports and/or testimony may be received without a motion duly made, seconded and carried by a majority of the commission and/or the city council to receive additional reports, studies and/or testimony.

(Ord. 341, 12-1-1988, eff. 12-1-1988; amd. Ord. 374, 4-13-1993)

At the time set for the public hearing and the application for special use permit, the commission shall hear testimony on behalf of any person wishing to testify concerning the merits of the application. The commission may adjourn and reconvene the public hearing from time to time as is necessary to ensure that all persons wishing to testify and provide information concerning the application have an opportunity to do so. Within ten (10) days after the conclusion of the public hearing, the commission shall, in writing, approve, conditionally approve or disapprove of the application as presented. The commission's action must be made at a regular and/or special meeting specifically scheduled for the purpose of rendering such a decision. A copy of the written decision shall be provided to the applicant and a copy is to be provided to any and all persons who would request a copy upon the condition of the payment of reasonable reproduction costs, and three (3) copies of the written decision shall be available, at all times, in the city clerk's office for review upon demand.

1. Upon approval or conditional approval 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;
   8. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. (Ord. 341, 12-1-1988, eff. 12-1-1988; amd. Ord. 374, 4-13-1993)
2. Prior to approving a special use permit, the commission and/or council may request studies from planning authorities 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.
3. Upon approving 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.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

After a decision has been rendered by the commission and the applicant has been notified of the action on the request, a special use permit shall not be issued until thirty (30) days have passed since the date of the issuance of the written decision to allow for the filing of an appeal of the decision. In the event an appeal has been duly filed with the city clerk, no special use permit shall be issued until final action has been taken by the city council as hereinafter set forth, and, in no event, shall the special use permit be issued in the event that the special use permit is issued conditionally until all of those conditions have been satisfied.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

All procedure governing an application for special use permit, unless otherwise specified in this title, shall be governed by the Wilder administrative procedures act which shall also govern all appellate requests to the council from decisions made by the planning and zoning commission hereunder.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

An appeal, as a matter of right, may be taken to the city council from any written decision or action taken by the commission hereunder by either the applicant or by any "affected person" which shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the application.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

All appeals permitted or authorized under this chapter shall be taken and made by physically filing a notice of appeal with the city clerk within twenty eight (28) days from the date of the written decision of the commission being appealed.

(Ord. 439, 4-13-1999)

Prior to the granting or denial of the appeal of a special use permit, the city council shall conduct at least one public hearing and the notices and procedure for such hearing shall be in accordance with sections 9-8-5 through 9-8-8 of this chapter, inclusive.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

In every case where an appeal has been undertaken hereunder, a transcribable verbatim record of the proceedings shall be made and kept for a period of not less than six (6) months after a final decision on the matter. Upon written request, and within the time herein provided for retention of the record, any person may have the record transcribed at his expense.

In addition to the transcribable verbatim record, the commission and/or the city council shall also provide for the keeping of minutes of the proceedings. These minutes shall be retained indefinitely.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

A special use permit, if granted, shall not be issued by the city clerk until all conditions, if any, have been satisfied by the applicant.

(Ord. 445, 11-9-1999)