(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. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits.
D. 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 takings analysis provided for by section 67-8003, Idaho Code, consistent with requirements established thereby.
E. If a Special Use Permit is required to establish a new use following previous entitlement approvals, the Special Use Permit may be required to be approved by City Council if the proposed use and development plan are found to be a significant deviation from previous approvals and/or deviate significantly from the original public hearing discussion.
(3) Application Process:
A. Neighborhood Meeting, Required. Any person seeking a special use permit shall first conduct a neighborhood meeting in accordance with 10-03-12
of this chapter.
B. Any person seeking a special use permit shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the request.
C. The applicable fees, as set forth by council, shall be paid at the time of submittal of the application.
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) Public Notice and Hearing Process: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12
of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision: The commission, prior to approving or denying a special use permit, or prior to recommending approval or denial of a special use permit to the Council, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
A. The commission, prior to approving a special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the commission grants or denies an application, it 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 approval.
(6) Special Use Permit; City Council Approval Required: Special use permits requiring city council approval, may be approved or denied only after the city council has received a recommendation from the commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
A. The city council, prior to approving any special use permit request, shall find and conclude the requests have met the criteria identified within subsection (7) of this section, and shall make the express findings of such.
B. In addition to the express findings required, whenever the city council grants or denies an application, it 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 approval.
(7) Required Findings for Approval of a Special Use Permit:
A. In the course of approving of any such request, the commission or city council, as applicable, must find and conclude that:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located.
2. That the proposed use will be harmonious with the Caldwell Comprehensive Plan and in accord with the requirements of this chapter.
3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer.
6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of noise, smoke, fumes, glare or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance on the site in which the special use will take place.
(8) 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 developments or property;
B. Controlling the sequence and timing of development or use;
C. Controlling the duration of the use;
D. Assuring that the use and property in which the use is located is maintained properly;
E. Designating the exact location and nature of the use and property 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 adverse effects of the proposed use upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
I. Approval of a Special Use Permit may be tied to the land or to a specific business or applicant.
(9) Time Limitations and Extensions:
A. A special use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground, otherwise the special use permit approval shall become null and void.
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 two (2) years of the date of signature of the order of decision showing approval of the annexation, rezone, or preliminary plat.
2. Upon written request and filing by the applicant, prior to the termination of the period in accordance with subsection (9)A of this section, the director may authorize a single extension of time to commence the use not to exceed one (1) two-year period. Additional time extensions up to two (2) years as determined and approved by the director may be granted. With all extensions, the director may require the special use to comply with the current provisions of this chapter.
(A) If a special use is part of a preliminary plat that has been given a time extension in accordance with Chapter 11, the special use permit will automatically be extended with the preliminary plat and will not require a separate extension.
3. Approval of requests for time extension to an approved special use shall not be granted if any of the following conditions exist:
(A) Significant amendments to the comprehensive plan or City Code have been adopted that change the basis under which the special use permit was granted.
(B) Significant changes in land use have occurred in the area that will impact or be impacted by the project.
(C) Hazardous conditions have developed or have been discovered that will impact the project.
(D) Community facilities and services are no longer adequate to serve the project.
(10) Transfers and Modifications:
A. Special use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, unless otherwise conditioned as part of the original approval. Any new owner(s) shall be bound by the same time limits and conditions of approval as the original special use permit holder(s).
B. A special use permit is not transferable from one (1) property to another.
C. The director may approve or deny specified minor modifications, provided (1) Such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties, (2) All conditions of approval of the original special use permit approval are met, and (3) All appropriate permit(s) are obtained. Such minor modifications include, but are not limited to, the following:
1. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography, or access.
2. Minor changes to the landscape area or open space design, but not elimination or reduction in area.
3. An increase in building square footage, not exceeding twenty (20) percent, provided that all parking and landscaping requirements are met.
D. All other modifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations and/or scope of the permit, in accordance with the limitations and requirements of subsection (5) A of this section.
(11) Annual Inspections: 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.
(12) Revoking Special Use Permits:
A. Special use permits may be revoked at any time, 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.
B. 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.
C. 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.
(13) Appeals:
A. The applicant or any affected person having an interest in real property within a five-hundred-foot (500') 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, in accordance with Section 10-03-12 of this chapter. (Ord. 2739, 6-16-2008; amd. Ord. 2865, 6-20-2011; Ord. 3010, 11-16-2015; Ord. 3578, 3-19-2024)