10-10-3: SPECIAL USES:
   A.   Purpose: A special use is established for the location of specific classes of uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses permitted within them, providing it has no adverse effect on the public or neighborhood and when it is not in conflict with the purpose, spirit and intent of this title or the comprehensive development plan 1 . The granting of a special use permit does not entail making an exception to this title, but rather permitting certain uses which this title authorizes under stated conditions.
   B.   Application Of Provisions: Classes and types of uses subject to a special use permit are outlined in sections 10-4A-1, 10-5A-2, and 10-5B-2 of this title. All other classes and types of uses not specifically stated in this title are subject to a special use permit, including:
Churches and accessory buildings used for religious teachings.
Hospitals, sanitariums or clinics.
Municipal or privately owned recreation buildings or a community center.
Nursery schools, day nurseries and childcare centers.
Parking area, public.
Police stations, fire stations or place for storage of municipal equipment.
Public administration building, auditorium, gymnasium or any other publicly owned structure.
Public or private park or playgrounds.
Public utility facilities, i.e., filtration plant or pumping station, heat or power plant, transformer station and other similar facilities.
Schools, public or private.
Shopping centers.
   C.   Standards: A special use permit shall be acted upon by the city council upon written recommendation from the city planning and zoning commission, if appointed, resulting from a public hearing, study and/or investigation; and only after reviewing the particular facts and circumstances of each property in terms of the following standards and finding adequate evidence showing that such use at the proposed location:
      1.   Will not adversely affect the public health, safety and general welfare;
      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, injurious 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;
      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 and neighborhood at large;
      7.   Will not involve uses, activities, 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 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 feature of major importance, or that add value to residential development and enhance the attractiveness of the community such as trees, watercourses, historic spots and other similar irreplaceable assets.
   D.   Supplementary Conditions And Safeguards: In granting a special use permit, the city council 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.
   E.   Actions By The City Officials:
      1.   Planning And Zoning Commission Action: Within forty five (45) days of the first regularly scheduled meeting after submission of the written application, the planning and zoning commission shall either approve, conditionally approve or disapprove the application as presented, and within fifteen (15) days forward a written recommendation to the city council.
      2.   City Council Action: Within forty five (45) days of the first regularly scheduled meeting following the submission of the planning and zoning commission's recommendation, the city council shall either approve, conditionally approve or disapprove the recommendation as presented, and within ten (10) days notify the applicant with written notice of the action on the request.
      3.   Denial Of Request: Where the commission or the council is unable to make an adequate or appropriate decision concerning the effects of the request on the public health, safety and welfare of the community and the neighborhood at large, and it feels that the results of the public hearings would be inadequate, the commission or the council may deny the request under the provision that an in depth study of the issues commence immediately.
      4.   Public Lands: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisitions map, as authorized in section 67-6517, Idaho Code, is located in whole or in part within a proposed development, the commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request the governing body to suspend consideration on the permit for sixty (60) days from the date of the request; however, if an agreement is not reached within sixty (60) days, the commission shall resume consideration of the special use application.
   F.   Conditions On Special Use Permit: If the application is approved or approved with modifications, conditions may be attached 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;
      7.   Requiring large scale developments to provide sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development.
   G.   Appeals: Where the applicant or any affected person who appears in person or in writing is denied his request by the planning and zoning commission, he may appeal the decision to the city council, provided the appeal is submitted within fifteen (15) days from the negative decision. Upon receipt of an appeal, the city council shall set a hearing date to consider all the information, testimony and minutes of meetings and public hearings to reach a decision to uphold, conditionally uphold or overrule the decision of the planning and zoning commission. The action shall only be overruled by a favorable vote of one-half (1/2) plus one of the full officiating body. (Ord. 499, 4-16-2009)



1. See title 9, chapter 1 of this code.