A. A conditional use permit may be granted by the city commission only upon a finding, supported by substantial credible evidence in the record, that the following standards are met:
1. The proposed conditional use, as conditioned, will not adversely impact public health, safety, or general welfare; and
2. The proposed conditional use, as conditioned, will not adversely impact the peaceful use of existing property or improvements in the vicinity and the zoning district in which the subject property is located.
B. In considering whether section 11-3-4A1 and A2 standards are met, the following factors must be considered in determining the impacts of the proposed conditional use on the abutting properties and the neighborhood:
1. Location, character, and natural features of the subject property as it currently exists;
2. Type and size of the proposed structure and improvements and their relative location on the subject property;
3. Historical uses, established use patterns, and recent changes and trends in the neighborhood;
4. Conformity of the proposed use with the neighborhood plan, if one has been adopted;
5. Current and proposed pedestrian, vehicular, and bicycle traffic including ingress and egress, circulation, and parking;
6. Whether the use is consistent with the Helena climate change action plan;
7. Whether the proposal meets the zoning dimensional standards requirements for the zoning district without the need for a variance;
8. Hours of operation;
9. Noise;
10. Glare;
11. Odor; and
12. Expressed public opinion related to factors identified above.
C. The above factors are weighed and evaluated depending on the circumstances of each case. Any one (1) factor may be sufficient to find adverse impacts for purposes of section 11-3-4A1 and A2 justifying denial of the permit or placement of special conditions. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)