(A) Purpose. The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, which may be appropriate in the district under certain safeguards or conditions. The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse impacts on the community.
(B) Conditional uses; requirements.
(1) No structure or land may be used for any purpose in any district where the use is not permitted, unless the use is listed as a conditional use within that district and the approval for the use is obtained through these procedures.
(2) Conditional uses and the required conditions are listed as part of the requirements for each district.
(3) Conditional uses also must comply with any additional conditions prescribed by the Zoning Commission relating to the following:
(a) Adequate ingress and egress to property and proposed structures with particular concern for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency;
(b) Adequate off-street parking and loading areas, where required, with particular attention to access, traffic flow and vehicular and pedestrian safety;
(c) Location of garbage containers and garbage pickup with respect to traffic flow and access, odor and vehicular and pedestrian safety;
(d) Availability and compatibility of utilities in suitable locations;
(e) Adequate screening and buffering, with attention to type, dimensions and character;
(f) Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties;
(g) Required yards and open space; and
(h) General compatibility with adjacent and other properties.
(C) Procedures for a conditional use permit. The following procedures must be followed before the Commission may grant a conditional use permit.
(1) The applicant must submit an accurate and complete written application for a conditional use to the Zoning Commission through the City Administrator. All applications for conditional use permits must be accompanied by plans drawn to approximate scale, showing the approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed buildings or alterations; and information which clearly states how the conditions for the use will be met.
(2) The application must include any other information as may be required by the City Administrator, including descriptions of proposed buildings and alterations; existing or proposed uses of land and buildings; the number of families, dwelling units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.
(3) Notice shall be published at least seven days in advance of a public hearing before the City Council. The owner of the property for which a conditional use is sought or his or her agent shall be notified of the hearing by mail.
(4) At the public hearing, any party may appear in person, or through an agent or attorney.
(5) Before granting a conditional use permit, the Zoning Commission shall make a written finding that the proposed use will comply with the specific conditions governing the use and the other requirements of this chapter, and that the conditional use will not adversely affect the character of the district.
(6) Where the proposed conditional use is subject to review as a subdivision under the State Subdivision and Platting Act (M.C.A. §§ 76-3-101 et seq.), the Zoning Commission and Planning Board shall hold joint and concurrent review, including a joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this chapter and the municipality’s subdivision regulations.
(Ord. 2007-03, passed 1-14-2008)