1-15-7: SPECIAL USE PERMITS:

   A.   Description:

      1.   The purpose of review shall be to determine that the characteristics of any such use shall not be unreasonable or incompatible with the type of uses permitted in the area. Nothing construed herein shall be deemed to require the commission to grant a special use permit.

      2.   Certain types of uses possess unique and special characteristics which require special consideration prior to their being permitted in a particular district. A special use permit may be granted to an applicant if the proposed use is allowed by a special use permit under the land use schedule in section 5-4-1, Table 1 of this Code.

      3.   No building permit shall be issued when a special use permit is required by the terms of this chapter, unless a special use permit has been previously granted by the City and then only in accordance with the terms and conditions of the special use permit.

      4.   No special use permit shall be transferable from one property to another. In the event the property changes hands, the new owner, if he or she desires to continue the special use, shall appear before the commission for review. Said continuance use shall be subject to the same terms and conditions of the permit.

      5.   Prior to granting a special use permit, studies may be required of the social, economic, fiscal and environmental effects of the proposed special use.

      6.   The granting of a special use permit shall not be considered as establishing a binding precedent to grant other special use permits.

   B.   Procedures: The commission shall conduct at least one public hearing on the application.

   C.   Action By Commission: After notice and hearing, the commission may approve, conditionally approve or deny a special use permit application. Whenever the commission approves or denies a permit, it shall specify in writing: 1) the ordinance and standards used in evaluating the application (city code, Idaho Standards for Public Works Construction and Middleton Supplement to the Idaho Standards for Public Works Construction); 2) the reasons for approval or denial; and 3) if denied, the actions, if any, that the applicant can take to obtain approval. The commission shall make a decision within thirty (30) days of the conclusion of the public hearing.

   D.   Conditions: Upon granting a special use permit, conditions may be attached to:

      1.   Minimize adverse impact on other development (spaces, fences, parking, traffic flow, etc.).

      2.   Control the sequence and timing.

      3.   Control duration of the use.

      4.   Assure that development is maintained properly.

      5.   Designate the location and nature of development, including signs.

      6.   Require the provision for on site or off site public facilities or services.

      7.   Require more restrictive standards than those generally required in an ordinance (surfacing of parking areas to City specifications, regulation of points of vehicular ingress and egress, landscaping and maintenance, regulation of noise, vibration, odors or other similar nuisances).

      8.   Specify the period of time for which a permit is issued and conditions which, if not followed, will bring about revocation of the special use permit.

      9.   Require mitigation of effects of the proposed use upon service delivery by any political subdivision, including school districts, providing services within the planning area of Middleton.

   E.   Appeal: An affected person aggrieved by the commission decision may, within fifteen (15) days of the written commission decision, file a written appeal with the City, along with a nonrefundable fee. The Council shall consider the appeal at a noticed public hearing and may approve, approve with conditions or deny the application.

(Ord. 551, 4-15-2015; amd. Ord. 609, 7-3-2018; Ord. 619, 7-17-2019)