A. Application For Conditional Use Permit: An application for conditional use permit shall be filed with the zoning administrator by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
1. Name, address, phone number and e-mail address of the applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning district and land use district;
5. Description of proposed conditional use;
6. A plan for the proposed site for the conditional use showing, as applicable, the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the planning and zoning commission may require to determine if the proposed conditional use meets the intent and requirements of this title; and
7. A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the vicinity; and the relationship of the proposed use to the Spring Valley master plan and/or the PADA.
B. Supplemental Information: Prior to granting a conditional use permit, the city council may request studies from the planning staff or public agencies concerning social, economic, fiscal and/or environmental effects on the proposed conditional use.
C. Procedure For Approval Of Conditional Use Permit:
1. Public Hearing, Notice: Prior to granting a conditional use permit, the planning and zoning commission shall hold a public hearing in which interested persons shall have an opportunity to be heard. The public hearing before the planning and zoning commission shall be scheduled to a date within thirty (30) days of receipt of an application. Within forty five (45) days after receipt of the application, the planning and zoning commission shall make its recommendation to approve, conditionally approve or deny the application. Notice shall be provided as required by section 11A-8-13 of this chapter.
2. Action By The Planning And Zoning Commission And City Council: Within fifteen (15) days after the public hearing, the planning and zoning commission shall transmit its recommendation of approval or denial to the city council. Within forty five (45) days after receipt of the planning and zoning commission's recommendation, the city council shall approve or deny the application. The city council shall follow notice and hearing requirements set forth in section 11A-8-13 of this chapter. 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 uphold the intent of this title. If the application is approved or approved with modifications, the city council shall direct the zoning administrator to issue a conditional use permit listing the specific conditions specified by the city council for approval.
Upon making its recommendation to the city council, and upon granting or denying an application, the planning and zoning commission or city council, as applicable, shall specify:
a. The ordinance and standards used in evaluating the application;
b. The reasons for approval or denial; and
c. The actions, if any, that the applicant could take to obtain a conditional use permit.
3. Notice To Applicant: Within two (2) days after a written decision has been rendered, the zoning administrator shall provide the applicant with written notice of the action on the request. Such written notice shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code.
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit 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; and/or
7. Requiring more restrictive standards than those generally required in this title.
E. Transfer Of Permit: A conditional use permit is not transferable from one parcel of land to another. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon any transfer of title for the property the conditional use permit transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred.
F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.
G. Time Limitations, Extensions:
1. Once a conditional use is approved and exercised, said use may continue without further temporal constraints, provided that the use complies with its intended purpose, or city approved modifications thereafter, and does not violate any codes, subject to the following:
a. An approved conditional use permit shall be valid for a term approved and conditioned by the city council, which term may be perpetual.
b. An extension of the time limit for an approved conditional use may be granted by the city council, at its sole discretion, without further notice and hearing, if the following findings are made:
(1) There are no outstanding applicable city code or conditional use permit violations on the subject property. If such violations exist, they may be conditioned by the city council to be cured as a condition of the extension of time;
(2) The conditional use, as previously approved, remains in the best interests of the health, safety, and general welfare of the city;
(3) There have been no significant changes to this title between the date of conditional use approval and the date of the time extension request that would require substantial modifications to the project;
(4) There are no hazardous conditions which have developed or have been discovered on the project site; and
(5) The public facilities and services required for the project remain adequate. (Ord. 710, 1-14-2014)