It is the intent of this section to allow a procedure by which a special permit for a land use or structure, which may be prohibited or may tend to create an impact within a specific zoning district, to be permitted or expanded by adding additional criteria and regulations when it is not in conflict with the comprehensive plan. (See definition of "conditional use" in chapter 3 of this title.)
A. Conditional Use Application: An application shall be filed with the development services department and shall contain the following information:
1. Name, address, and phone number of applicant/owner.
2. Legal description of property.
3. Proof of ownership of subject property.
4. Description of existing use of subject property.
5. Proposed use of the subject property.
6. The zoning district that pertains to the subject property.
7. Three (3) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300').
8. Payment of fee as established by the council.
9. A plot plan or survey, if applicable, of the proposed site for the special use showing the location of all buildings, number of off street parking spaces and loading area, traffic access and traffic circulation, pedestrian walks, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the commission may require to determine if the proposed special use meets the intent and requirements of this chapter. Any development agreements shall be presented with the final plat.
10. An objective 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; the plan shall not be detrimental to the health, safety and general welfare of the public; and the relationship of the proposed use to the comprehensive plan.
11. A verification by the applicant and which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct.
12. A listing of the mailing addresses of all property owners or purchasers of record, obtained from authentic tax records of Elmore County, who are within three hundred feet (300') of the external boundaries of the land in question.
B. Procedure For Hearing And Notice: One public hearing required with notice published, posted and mailed to property owners within three hundred feet (300') of the site.
C. General Standards Applicable To All Conditional Uses: Prior to granting a conditional use permit the commission and council shall review the general standards of this chapter and may request studies from the applicant, planning staff or public agencies concerning the social, economic, fiscal or environmental effects of the proposed conditional use. They shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location:
1. Will, in fact, constitute an allowed conditional use in that zone, as determined by the use chart in chapter 7 of this title;
2. Will be in accordance with goals and objectives of the Mountain Home comprehensive plan and with all the applicable provisions of this zoning ordinance;
3. Will be designed, constructed, operated and maintained to be harmonious with the existing or the intended character of the general vicinity and that such use and/or expansion will not change the essential character of the same area;
4. Will not be hazardous or disturbing to existing or future neighboring uses;
5. Will be served adequately by existing essential public facilities and services such as highways, streets, schools, police and fire protection, drainage structures, refuse disposal, water and sewer or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services;
6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
7. Will not involve uses, activities, processes, materials, equipment or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of the environment, or excessive production of traffic, noise, smoke, fumes, glare, or odors;
8. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and
9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance.
D. Supplementary Conditions And Safeguards: In recommending and approving any conditional use, the commission and council, respectively, may prescribe and/or require appropriate conditions, bonds, studies, reports, and safeguards in conformity with this title. Violations of such conditions, bonds, or safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this title and grounds to revoke the conditional use.
1. Conditions Attached To Conditional Use: Conditions may be attached to a conditional use permit including, but not limited to, those conditions which:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development (may be granted in perpetuity);
d. Assure that the development is maintained properly;
e. Designate the exact location and nature of the development;
f. Require the provision for on site public facilities or services;
g. Require more restrictive standards than those generally required in this title;
h. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, i.e., schools, parks, fire protection, highway, irrigation district or Elmore County;
i. Allow a change from required setbacks, off street parking, fence heights, landscaping and other standards particular to the development. Applicants shall specify, in the conditional use applications, standards from which a change is requested. The commission shall review such requests in accordance with variance procedures unless otherwise provided for herein.
E. Action By The Commission: Within forty five (45) days from the hearing, the commission shall transmit, to the city council, its recommendations to approve, approve with conditions or to disapprove with supportive reasons. The commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision.
F. Action Of Council: Upon recommendation from the commission, the city council may or may not hold a second public hearing. A second hearing shall be required to follow notice and hearing procedures provided in Idaho Code and this chapter. Prior to acting upon a conditional use permit application, the council shall review the general standards and may request studies from the applicant, planning staff or public agencies concerning the social, economic fiscal, or environmental effects of the proposed conditional use. The council may approve, approve with conditions or disapprove with supportive reasons. The council's approval shall be subject to the ability of political subdivisions, including school districts, to provide services as per Idaho Code.
Within ten (10) days after a decision has been rendered, the administrator shall provide the applicant with written notice of the action.
G. Application, Resubmittal: No application for conditional use permit which has been denied by the council shall be resubmitted in either the same or substantially the same form in less than one year from the date of final action thereon.
H. Commencement Of Permits: Within one year from the date of issuance of the conditional use permit, the holder of the permit must:
1. Permit: Acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of "structures" in this context shall include sewer lines, water lines, streets, or building foundations; or
2. Commence Construction: Commence the use permitted by the permit in accordance with the conditions of approval; or
3. Platted Project: For projects which require platting, record the plat within this period.
4. Time Frame For Completion: The time or period within which the work shall be completed may be fixed. If the conditions of approval are not completed or bonded within such period, said permit shall lapse.
I. Extensions: The council, upon written request by the holder, may grant a one year time extension to an unexpired conditional use permit.
J. Precedent Established: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits.
K. Transfer Of Conditional Use: Conditional use permits may be transferred from owner to owner for the same use, but not from one site to another.
L. Revocation Of Conditional Use: All conditional use permits are subject to revocation by the city council. If the city council decides to revoke a conditional use, either on its own action or upon complaint to the city council, the city council shall notify the permit holder of its intention to revoke the conditional use permit and provide the permit holder with the opportunity to contest the revocation. The city shall hold a hearing on the revocation as required under public hearing procedures herein. The city council shall make findings of facts and conclusions of law supporting its decision to revoke the conditional use permit. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedure act of the state of Idaho, title 67, chapter 52, Idaho Code.
M. Expansion Of An Existing Conditional Use: Expansions shall be by conditional use.
N. Existing Conditional Use: Where a use is classified as a legal conditional use and exists as a legal conditional use on the date of the adoption hereof, it shall be considered a legal conditional use without further action of the commission or council. (Ord. 1628, 1-12-2015)