(1) Purpose:
A. Establish procedures through which a special use permit may be applied for, terms under which it may be approved, amended, denied or revoked, and the appeal process if denied.
(2) General Provisions:
A. Uses which require the granting of a special use permit are deemed to possess characteristics that require review and appraisal by the commission to determine the following: Whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity.
B. A special use permit may be granted if the proposed use is conditionally permitted by the terms of the ordinance and subject to: conditions pursuant to specific provisions of the ordinance; the ability of political subdivisions, including school districts, to provide services for the proposed use; and, if it is not in conflict with the comprehensive plan.
C. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the applicant may be subject to the regulatory taking analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby.
(3) Application Process:
A. An application obtained from the planning and zoning department requesting a special use permit shall be completed and submitted, along with all required attachments, to the planning and zoning department, at least thirty-five (35) calendar days prior to the public hearing date.
B. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
C. A neighborhood meeting shall be held as per section 10-03-12 of this article.
D. Prior to the public hearing and/or granting of a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use.
(4) Hearing Process:
A. At least one public hearing before the commission in which interested persons shall have an opportunity to be heard shall be held.
B. At least fifteen (15) calendar days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction.
C. Notice shall be posted on the premises not less than seven (7) calendar days prior to the hearing.
D. At least fifteen (15) calendar days prior to the hearing, notice shall be mailed to property owners or purchasers of record within the land being considered, 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.
1. Any property owner entitled to specific notice pursuant to the provisions of this subsection shall have a right to participate in public hearings before the commission or governing board.
E. When notice is required to two hundred (200) or more property owners or purchasers of record, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) calendar days prior to the hearing date, in addition to site posting on all external boundaries of the site.
(5) Conditions Of Approval: Upon the granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, the following:
A. Items that will minimize the adverse impact on other development;
B. Controlling the sequence and time of development;
C. Controlling the duration of development;
D. Assuring that development is maintained properly;
E. Designating the exact location and nature of development;
F. Requiring the provision for on site or off site public facilities or services;
G. Requiring more restrictive standards than those generally required in city code; and
H. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
(6) Granting Or Denying A Special Use Permit:
A. The commission shall specify the city ordinances, standards and codes used in evaluating the application;
B. The commission shall specify the portions of the comprehensive plan used in evaluating the application;
C. The commission shall state the reasons for approval or the reasons for denial; and
D. If the commission denies the application, the commission shall state the actions, if any, that the applicant could take to obtain approval.
(7) Administration Of An Approved Special Use Permit:
A. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits.
B. A special use permit is not transferable from one parcel of land to another parcel of land. (Ord. 2739, 6-16-2008)
C. Within twelve (12) months of the date of signature of the order of decision showing approval of the special use permit, the applicable permit/certificate application shall be submitted for the approved special use. If the applicable permit/certificate application is not submitted within the required time frame, the special use permit approval shall become null and void and another special use permit approval will need to be received. Only one administrative extension may be granted by the planning and zoning director, after completing the administrative determination request form, allowing an additional six (6) months to submit the applicable permit/certificate application.
1. Except that if the approved special use permit is part of an annexation application, rezone application or preliminary plat application, then the applicable permit/certificate application shall be submitted within twelve (12) months of the date of signature of the order of decision showing approval of the annexation, rezone or preliminary plat.
D. Within twenty-four (24) months of the submittal of the applicable permit/certificate application, the certificate of occupancy (not temporary) or other applicable certificate, shall be obtained. If the permanent certificate of occupancy or other applicable certificate is not obtained within the required time frame, the special use permit approval shall become null and void and another special use permit approval will need to be received. A three (3) month administrative extension may be granted by the planning and zoning director, after completing the administrative extension request form, allowing an additional ninety (90) calendar days to obtain the certificate of occupancy (not temporary) or other applicable certificate.
E. A special use permit may be transferred from one applicant/owner to another applicant/owner on the same parcel of land and for the same use. (Ord. 2865, 6-20-2011)
F. Expansions, additions, enlargements, or remodeling of a structure or building that houses a special use may occur without a new special use permit application, provided all conditions of approval of the original special use permit approval are met and provided the appropriate building permit has been obtained from the building department. Any changes other than expansions, additions, enlargements, or remodeling of a structure or building that houses a special use permit would require approval of a new special use permit. See subsection (9) of this section for the process to amend a condition of approval.
(8) Revoking Special Use Permits:
A. Special use permits may be revoked at any time, other than annual inspections, by the planning and zoning director if it is determined that any condition of the approved special use permit or any other city laws, ordinances or statutes are being violated. Prior to any revocation, the applicant shall be afforded thirty (30) days after the date of notification of noncompliance/intent to revoke to become compliant. Additionally, prior to any revocation, the applicant shall be afforded an opportunity for a hearing before the council; said hearing must be requested within seven (7) calendar days of receipt of a notice of intent to revoke the special use permit. Failure to come into compliance within thirty (30) days of the notification of noncompliance and failure to request such a hearing will result in immediate revocation of the approved special use permit.
B. Special use permits, including those in existence prior to and upon the effective date hereof shall be subject to annual inspections for continued compliance with the conditions of approval and all other city laws, ordinances and statutes. Inspections shall take place by the planning and zoning department, the fire department, and/or the building department. Permits found to be noncompliant upon annual inspection may be revoked by the planning and zoning director if compliance isn't accomplished within thirty (30) calendar days of notification of noncompliance. Prior to revocation, the applicant may request a hearing before the council; said hearing must be requested within seven (7) calendar days of the date of the notice of noncompliance/intent to revoke. Failure to come into compliance within thirty (30) days of the notification of noncompliance/intent to revoke and failure to request such a hearing shall result in immediate revocation of the special use permit.
(9) Appealing Special Use Permits And Appealing Or Amending Special Use Permit Conditions Of Approval:
A. The applicant or any affected person having an interest in real property within a three hundred foot (300') radius of the exterior boundaries of the subject property may appeal the decision of the commission, or any condition of approval of the special use permit, provided an appeal application is obtained from the city clerk and completed and filed with the city clerk within fifteen (15) calendar days of the signing of the order of decision for the special use permit, along with the appropriate fee as set forth by council.
B. The council shall hold a public hearing using the public hearing notice and procedures as set forth for the commission in accordance with subsection (4) of this section. The council may approve, disapprove or modify the action of the commission and shall do so in accordance with section 01-05-11 of this code. (Ord. 2739, 6-16-2008)
C. Should the applicant desire an amendment to a condition of approval after the appeal period has passed, an application requesting an amendment to a condition of approval shall be obtained from the planning and zoning department, completed by the applicant and submitted to the planning and zoning department, along with the applicable fee, and a public hearing shall be held before the city council, the planning and zoning commission or the hearing examiner (i.e., before the same body which imposed the condition the applicant is seeking to amend), using the public hearing notice and procedures as set forth for the commission in accordance with subsection (4) of this section. The council, hearing examiner, or planning and zoning commission, as the case may be, may amend the condition of approval, delete the condition of approval entirely, or leave the condition in place, and shall do so in accordance with section 01-05-11 of this code. (Ord. 3010, 11-16-2015)