Idaho State Statutes - Idaho Attorney Directory

(a) As part of
a zoning ordinance each governing board may provide by ordinance adopted,
amended, or repealed in accordance with the notice and hearing procedures
provided under section 67-6509, Idaho Code, for the processing of applications
for special or conditional use permits. A special use permit may be granted to
an applicant if the proposed use is conditionally permitted by the terms of
the ordinance, subject to conditions pursuant to specific provisions of the
ordinance, subject to the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when it is not in
conflict with the plan. Denial of a special use permit or approval of a
special use permit with conditions unacceptable to the landowner may be
subject to the regulatory taking analysis provided for by section 67-8003,
Idaho Code, consistent with requirements established thereby.
(b) Prior to granting a special use permit, at least one (1) public
hearing in which interested persons shall have an opportunity to be heard
shall be held. At least fifteen (15) days prior to the hearing, notice of the
time and place, and a summary of the proposal shall be published in the
official newspaper or paper of general circulation within the jurisdiction.
Notice may also be made available to other newspapers, radio and television
stations serving the jurisdiction for use as a public service announcement.
Notice shall be posted on the premises not less than one (1) week prior to the
hearing. Notwithstanding jurisdictional boundaries, notice shall also be
provided to property owners or purchasers of record within the land being
considered, three hundred (300) feet of the external boundaries of the land
being considered, and any additional area that may be substantially impacted
by the proposed special use as determined by the commission. Any property
owner entitled to specific notice pursuant to the provisions of this
subsection shall have a right to participate in public hearings before a
planning commission, planning and zoning commission or governing board.
(c) When notice is required to two hundred (200) or more property owners
or purchasers of record, alternate forms of procedures which would provide
adequate notice may be provided by local ordinance in lieu of mailed notice.
In the absence of a locally adopted alternative notice procedure, sufficient
notice shall be deemed to have been provided if the city or county provides
notice through a display advertisement at least four (4) inches by two (2)
columns in size in the official newspaper of the city or county at least
fifteen (15) days prior to the hearing date, in addition to site posting on
all external boundaries of the site.
(d) Upon the granting of a special use permit, conditions may be attached
to a special use 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;
(7) Requiring more restrictive standards than those generally required in
an ordinance;
(8) Requiring mitigation of effects of the proposed development upon
service delivery by any political subdivision, including school districts,
providing services within the planning jurisdiction.
(e) Prior to granting a special use permit, studies may be required of
the social, economic, fiscal, and environmental effects of the proposed
special use. A special use permit shall not be considered as establishing a
binding precedent to grant other special use permits. A special use permit is
not transferable from one (1) parcel of land to another.

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