A. Definition: Conditional uses are uses that are allowed within a zoning district provided that certain standards (or "conditions") are met that will enhance the compatibility of the proposed use with other surrounding uses. Often conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of a specific proposal for a particular location. Application for a conditional use permit affords the city an opportunity to review the location, design, configuration, and potential impact of the proposed use on surrounding land uses.
B. Application: A CUP application shall be filed and include all information and fees outlined on the application form.
C. Hearings And Notices: Upon receipt of a complete conditional use permit application, a hearing date shall be set, notice of the hearing provided, and hearing held in the manner required by section 17.02.300, "Decision Making Procedures/Public Hearings", of this chapter.
D. Criteria For Review: The hearing body shall review the facts and circumstances of each proposal in terms of the following standards and determine whether there is adequate evidence showing that the requested use at the proposed location:
1. Is conditionally permitted within the subject land use district and complies with all of the applicable provisions of this code unless modified through the CUP process;
2. Is consistent with the goals and policies of the comprehensive plan of the city;
3. Is compatible with existing and permitted land uses within the general area;
4. Could be adequately served by public facilities and services such as thoroughfares, transportation facilities, police and fire protection, drainage, refuse disposal, water/sewer and schools, to ensure that the proposed use would not be detrimental to public health, safety, and welfare;
5. Would be harmonious in scale, mass, coverage, density, and intensity with all adjacent permitted land uses;
6. Would not adversely affect the environment to a greater degree than had a use permitted outright by the ordinance been established;
7. Would not be detrimental to the public interests, health, safety, or welfare of the city in its proposed location, size, design, and operating characteristics.
E. Authority To Grant: The hearing body may approve, approve with conditions, or deny an application for a conditional use permit. The decision may be appealed by the applicant or other affected persons (according to the provisions of Idaho Code section 67-6521) to the city council, using the process outlined in section 17.02.400, "Appeals", of this chapter. The hearing body may impose any conditions necessary to accomplish the following:
1. Minimize potential adverse impacts on other developments and surrounding land use;
2. Control the sequence and timing of development;
3. Control the duration of the construction period;
4. Assure that development is maintained properly;
5. Designating the exact location and nature of development;
6. Require the provision for on site or off site public facilities or services;
7. Require more restrictive standards than those generally required in this title;
8. Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction;
9. Require that studies addressing demographic, economic, fiscal, traffic, engineering, geologic, and environmental effects and any aviation hazard as defined in Idaho Code section 21-501(2), be conducted prior to granting approval.
F. Conditional Use Permit Amendments:
1. Staff Level Approvals: Upon written request from an applicant detailing the proposed amendment to a conditional use permit, minor modifications of an approved conditional use permit may be permitted after review by the director for the following:
a. A reduction in density;
b. A relocation of dwelling units or building pads for reasons such as road alignment or topography restrictions;
c. A change in phasing not to exceed one year;
d. A modification in the recreation area or open space design, excepting elimination or reduction in size of ten percent (10%) or greater;
e. A decrease in setbacks not to exceed ten percent (10%).
2. Director Determination: Prior to any conditional use permit amendment, the director shall determine if the following standards are met:
a. The requested amendment was not the subject of an appeal during the public hearing process;
b. The requested amendment will not adversely impact adjacent properties pursuant to review criteria listed in subsection D of this section;
c. A written decision will be provided to the applicant by the director stating findings of fact and conclusions on which approval or denial was based. If denied, applicant may appeal through the regular CUP process.
3. Hearing Body Approval: Upon written request from an applicant detailing the proposed amendment to a conditional use permit, modifications of an approved conditional use permit shall be reviewed through the regular conditional use permit process for the following:
a. An increase in density;
b. A change that may adversely impact a neighborhood pursuant to the review criteria listed in subsection D of this section. Such impacts may include, but are not limited to, traffic generation or flow, grading, increase in building size;
c. Any other changes or deletion of a condition of approval not addressed in subsection F1, "Staff Level Approvals", of this section.
G. Conditional Use Permit Expiration: Uses for which a conditional use permit has been granted shall be established within two (2) years from the date of approval, including meeting all conditions, unless otherwise provided for in the CUP approval. Should the conditional use and conditions not be established within this period of time or as provided in the CUP approval, the conditional use permit shall become null and void, unless the applicant has been granted a time extension. In addition, a conditional use permit that has expired according to the provisions of this section shall not be reestablished without a new conditional use permit being approved.
H. Time Extension: An applicant that has been granted a CUP may request a time extension that is not to exceed an additional one (1) year period. The director may grant the request if filed prior to the expiration of the permit and provided the applicant demonstrates good cause for the delay. Time extensions that are denied by the director may be appealed through the usual appeal process.
I. Conditional Use Permit To Run With The Land: Unless specifically amended in the approving document, a conditional use permit granted pursuant to the provisions of this chapter shall continue for the approved use upon a change of property ownership.
J. Application Resubmittal: No application for a conditional use permit that has been denied by the hearing body or city council shall be resubmitted in either the same or substantially the same form less than one year from the date of final action, unless specifically authorized by the granting body.
K. Parallel Use Consideration: When a structure, which clearly was constructed for other than residential purposes, is granted a conditional use permit for a specific use or houses a legal, nonconforming use, it shall be permissible for a parallel use (one from the same use classification as the original conditional use) to be established within the conditions of the original conditional use permit or legal, nonconforming use, following an evaluation by the Director, subject to the following criteria:
1. General intensity of use is not anticipated to be greater than the approved use;
2. Parking space requirements are the same or less than the approved or existing use;
3. No expansion in either building or land area is requested;
4. No significant exterior additions or changes are proposed, such as, but not limited to, lighting, removal of landscaping, or signage. (Ord. 3132, 2023: Ord. 3044, 2020: Ord. 2846 § 1, 2008)