To comply with the purposes of this title, specific land uses within a particular zone require special consideration prior to their being permitted in that zone. These conditional uses must be reviewed by the planning and zoning commission prior to initiation or development. This review shall determine the compatibility of the proposed use with the surrounding area and particularly with permitted uses in that zone. The zoning commission will then make a recommendation to the city council which will then approve or deny the request. The approval may provide specific conditions which ensure that the proposed use will be compatible with the permitted uses. A special use permit cannot be used to change zoning.
A. Application: Application for a special use permit shall be made by the owner of the affected property. The completed application form, fee, and any other information required by the planning and zoning commission shall be submitted to the commission prior to the scheduling of a public hearing. The applicant is responsible for reimbursing the city for fees for publishing the public hearing notice in the newspaper and for any attorney fees.
B. Permit Criteria:
1. A special use permit shall be granted if the city council finds that the proposed use conforms to each of the following criteria:
a. The use is not detrimental to the health or safety of those in the surrounding area and will not otherwise adversely affect permitted uses or the enjoyment of such uses in that zone to any greater extent than a permitted use in that zone.
b. The use will not require facilities or services with excessive costs to the public.
c. The use is not in conflict with the goals and policies of the comprehensive plan.
d. Neighborhood compatibility must be proven. Any proposal which radically or adversely affects the density, typical pattern of development or style of housing will not be permitted.
2. The city council shall have the authority to set an expiration date for any special use permit so long as the reasons for such are included in their findings of fact and conclusions of law.
C. Public Hearings And Procedures:
1. Time Limitation For Hearing; Withdrawal Of Application: A public hearing before the planning and zoning commission shall be held on each complete application received by the planning commission within four (4) months of receiving the complete application. In the event that the applicant does not want a hearing to be held within this four (4) month period, at the end of the four (4) month period, the application will be returned to the applicant, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed. The applicant can withdraw an application at any time, with a refund of eighty percent (80%) of the application fee if the hearing has not been noticed.
2. Notice Of Hearing: Notice for the public hearing shall be given as set forth in Idaho Code subsection 67-6512(b).
3. Commission Determination: The commission shall determine whether the proposal conforms to the permit criteria set forth in subsection B of this section and make a recommendation to the city council. Based on its determination, the city council may approve or deny the application for the permit.
4. Changes; Conditions: The city council may require such changes or impose such reasonable conditions for the proposed use which are, in its judgment, necessary to ensure conformity with subsection B of this section. Each approved permit shall conform to the specifications of the proposal except as explicitly modified by the commission. Special use permits may be temporary so that the period of approval for a particular use is limited.
5. Decision: The commission shall make a recommendation to the city council with their reasoning and notify the city council of its recommendation within forty (40) days of closing the public hearing. The city council will make a final decision and notify the applicant of their decision within forty (40) days after receiving the recommendation from the zoning commission. This time may be extended if the city council decides that a separate hearing is required on the issue.
D. Effective Date: No special use permit shall become effective nor shall any building or installation permit be issued until the fifteen (15) day appeal period has elapsed or until the city council has made a decision upon appeal. (Ord. 749, 5-18-2015)