A. Purpose: The purpose of conditional use permits is to provide for specific uses, other than those specifically permitted in each district, that 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. Adequate screening and buffering, with attention to type, dimensions and character.
d. Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties.
e. General compatibility with adjacent and other properties.
C. Procedures For A Conditional Use Permit: The following procedures must be followed before the zoning commission may grant a conditional use permit:
1. The applicant must submit an accurate and complete application for a conditional use to the zoning commission through the zoning officer. 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; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this title.
2. The zoning commission shall hold a public hearing regarding the application for a conditional use. Notice shall be published at least seven (7) days in advance of the public hearing. The owner of the property for which a conditional use is sought or his agent shall be notified of the hearing by mail. At the public hearing any party may appear in person, or through a representative or attorney.
3. The zoning commission shall make a written finding either that:
a. The proposed use will comply with the specific conditions governing the use and the other requirements of this title, and that the conditional use will not adversely affect the character of the district; or
b. The proposed use will not comply with the specific conditions governing the use and/or that the use would adversely affect the character of the district. In the written statement denying a conditional use application, the zoning commission shall describe the specific conditions which would not be met by the use and any specific factors that would adversely affect the character of the district.
4. Where the proposed conditional use is subject to review as a subdivision under the Montana subdivision and platting act 1 , the zoning commission and planning board shall hold joint and concurrent review, including joint public hearing(s). Notice of each hearing shall be given in the manner prescribed by this title and the city's subdivision regulations. (Ord. 2003-01, 4-14-2003, eff. 5-14-2003)
Notes
| 1 | 1. MCA § 76-3-101 et seq. |