A. Application For Special Use Permit: An application for special use permit shall be filed with the administrator by at least one owner or lessee of property for which such special use is proposed. At a minimum, the application shall contain the following information:
1. Name, address and phone number of applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning district;
5. Description of proposed special use;
6. A plan for the proposed site for the special use showing 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 council may require to determine if the proposed special 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 district; and the relationship of the proposed use to the comprehensive plan.
B. Supplemental Information: Prior to granting a special use permit, the council may request studies from the planning staff or public agencies concerning social, economic, fiscal and environmental effects on the proposed special use.
C. Procedure For Approval Of Special Use Permit: The commission shall hold a public hearing on each special use permit application as specified in title 2, chapter 2.40 of this code. The commission may approve, conditionally approve or deny a special use permit under the conditions as herein specified and considering such additional safeguards as will uphold the intent of this title.
1. Public Hearing, Notice: Prior to granting a special use permit, the commission shall hold a public hearing in which interested persons shall have an opportunity to be heard. That public hearing shall be scheduled within thirty (30) days of receipt of an application and upon notice lawfully given pursuant to Idaho Code sections 67-6512(b) and 67-6509.
2. Action By Commission: Within fifteen (15) days after the public hearing, the commission shall render its decision in writing approving or denying the special use permit.
3. Commission To Specify: Upon granting or denying an application, the commission 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 permit.
4. Notice To Applicant: Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action on the request.
D. Conditions Of Permit: Upon the granting of a special 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
7. Requiring more restrictive standards than those generally required in this title.
E. Transfer Of Permit: A special use permit is not transferable from one parcel of land to another.
F. Appeal By Affected Person: Any "affected person", defined as a person having an interest in real property that may be adversely affected by the issuance or denial of a special use permit may appeal such decision to the council by filing a written notice of appeal with the city clerk on the form specified by the city clerk within ten (10) days of the mailing of the initial decision.
G. Effect Of Issuance On Other Special Uses: A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. (Ord. 1070, 2010)