A. Planning And Zoning Commission Recommendation; Council Action: Within sixty (60) days after holding its public hearing, or at the next regular meeting of the commission, whichever occurs later, the commission shall make its recommendation to the city council. The recommendation shall be in writing and shall recommend either approval or denial of the application as presented or conditional approval subject to such conditions as the commission may deem appropriate. That recommendation shall be forwarded to the city council. After receiving a recommendation and the record from the commission, the city council may approve, conditionally approve or deny a conditional use permit under the conditions as herein specified and considering such additional safeguards as will make the use consistent with the objectives of this title and not in conflict with the comprehensive plan. If the application is approved or approved subject to conditions, the council shall direct the city clerk-treasurer to issue a conditional use permit listing the specific conditions specified by the council as prerequisites for approval. (Ord. 383, 9-10-2002; amd. 2015 Code)
B. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to the permit including, but not limited to, the following:
1. Minimizing adverse impact on other developments;
2. Controlling the sequence and timing of the development;
3. Controlling the duration of the development;
4. Assuring that the development is maintained properly;
5. Designating the exact location and nature of the development;
6. Requiring the provision for on site or off site public facilities or services;
7. Requiring more restrictive standards than those generally required in this chapter; and
8. Minimizing the impact on schools, irrigation districts or water delivery systems.
C. Additional Information: Prior to making a recommendation or granting a conditional use permit, either the commission or the city council may require additional information concerning social, economic, fiscal and environmental effects of the proposed conditional use.
D. Statement Of Standards: Upon granting or denying an application, the council shall specify:
1. The provisions and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, the applicant could take to obtain a permit. (Ord. 383, 9-10-2002)
E. Takings: 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. (2015 Code)