12-226: CONDITIONAL USE PERMITS, CONDITIONS, EXPIRATION, REVOCATION:
   A.   Conditional use permits may be approved that meet the standards set forth in this title for that specific use. Conditional use permits may, in addition to standards set forth, also stipulate conditions which may include:
      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;
      7.   Specifying time limits that the use will be permitted;
      8.   Requiring more restrictive standards than those generally required in this title;
      9.   Landscaping requirements;
      10.   Sight restrictions;
      11.   Safeguards to protect adjacent property; and
      12.   Measures to minimize environmental impacts.
   B.   The Zoning Commission or governing body shall specify whether stipulated conditions are to be met prior to the issuance of the conditional use permit or are perpetual conditions to be met throughout the life of the permit.
   C.   Conditional use permit approval shall expire if the permit has not been issued within two (2) years from the date of approval, or if issued, if the use has not commenced within two (2) years from the date of issuance. At any time prior to the expiration date of the conditional use permit, an applicant may make a written request to the planning director for a single extension of the conditional use permit for a period up to two (2) years. The Zoning Commission at any regular meeting, or board at any regular meeting, may consider the request for extension. The extension request must be approved or denied prior to the expiration date of the conditional use permit.
   D.   The planning director may present to the Zoning Commission a recommendation to revoke a conditional use permit on a finding of substantial evidence that the permit is not in compliance with the terms, conditions or restrictions of the conditional use permit. Prior to revoking a permit, the Zoning Commission shall conduct a public hearing, in accord with the noticing and procedures set forth in this chapter, to consider the permit revocation, and may revoke the permit or impose additional conditions or restrictions to bring the permit into compliance, on a finding that there is substantial evidence that the terms of the permit approval have been violated.
   E.   Nothing contained in this section shall prevent the board or any other public official or private citizen from taking any lawful action as is necessary to restrain or prevent any violation of this title or of Idaho Code. (Ord. 501, 11-18-2008; amd. Ord. 661, 3-18-2022)