10-5-8: HEARING AND NOTICE REQUIREMENTS:
Prior to granting a special use permit, the planning and zoning commission shall hold at least one public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper of the city. Notice shall be posted on the premises not less than one week prior to the hearing. Notwithstanding jurisdictional boundaries, notice shall also be provided 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; provided, that in all cases, notice shall be provided individually by mail to property owners or purchasers of record within the land being considered and within three hundred feet (300') of the external boundaries of the land being considered; and provided further, that where a special use permit is requested by reason of height allowance, that notice shall be provided individually by mail to property owners or purchasers of record within no less than three (3) times the distance of the height of the allowed height of a structure when more than one hundred feet (100') and within no less than one mile when the peak height of a structure in an unincorporated area is four hundred feet (400') or more, and when four hundred feet (400') or more, the structure's proposed location and height shall be stated in the notice. Any property owner entitled to specific notice pursuant to the provisions of this section shall have a right to participate in public hearings before the planning and zoning commission. Denial of a special use permit or approval of a special use permit with conditions unacceptable to the landowner may be subject to the regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with requirements established thereby. (Ord. 383, 9-10-2002; amd. 2015 Code)