Chapter 11.21 : Conditional Uses

Sections:

11.21.010 Intent
11.21.020 Conditional Use Requirements
11.21.030 Conditional Use Permit Procedure
11.21.040 Conditional Approval
11.21.050 Conditional Uses
11.20.060 Revocation of Conditional Use Permit

11.20.010 Intent. The intent 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. Conditional uses may also be used in transitional districts as specified in Chapter 11.19 of this code.

11.21.020 Conditional Use Requirements. No structure or land may be used for any purpose in any district where such use is not a permitted use, unless such use is listed as a conditional use in this code and approval for that use is obtained through the proper procedure. Conditional use permits shall be granted only by the City Council when their findings are that:

1). The use conforms to the objectives of the master plan and the intent of this code, and

2). Such use will not adversely affect nearby properties or their occupants, and

3). Such use meets density, coverage, yard, height and all other regulations of the district in which it is to be located, unless otherwise provided for in this code, and

4). Public hearings have been held, after the required legal notices have been given and the public has been given a chance to be heard upon the matter.

11.21.030 Conditional Use Permit Procedure.

1). All applicants for conditional use permits shall be filed in the City-County Planning Office accompanied with a filing fee established as set forth in Chapter 11.27.070 to cover associated administrative and review costs. All applications must be signed by the property owner.

2). The Planning Board shall then cause to be made such investigation of facts bearing on the application as will provide necessary information to assure that the action on each such application is consistent with the intent and the purpose of this ordinance. The Planning Board shall inform property owners within 300 feet of the property boundary of the proposed conditional use within 10 days of the scheduled hearing date of the proposed conditional use via United States Mail. Names and addresses of the adjoining property owners will be provided to the City-County Planning Office by the applicant and will be certified by the County Recorder or an authorized title company. Notice of the public hearings will be posted on the property at least 10 days prior to the date of the public hearing before the City-County Planning Board and at least 20 days prior to the next regularly scheduled City Council meeting.

3). A hearing on the application shall then be held before the Planning Board on the set time to gather needed facts from all interested parties. The Planning Board may continue such hearing, if need be, to take additional information.

4). The Planning Board shall cause to be sent to the City Council their recommendations on the application with any and all pertinent facts. The applicant will be given a copy of the Planning Board's recommendation to the City Council at least ten days prior to the Council meeting.

5). Upon receipt of the planning boards recommendation, the City Council will hold a public hearing on said application at which the Planning Board's recommendation shall be read and additional testimony may be taken form interested parties. The City Council shall then either approve or deny the application. If the application is denied, reasons for denial shall be given.
**ORD 91-1 amended 11.21.030**

11.21.040 Conditional Approval. The City Council may make the granting of a conditional use permit subject to reasonable limitations or conditions as it may deem necessary to enhance the appearance of the property, to reduce any adverse effects on nearby property or residences, to preserve the character of the area, or to make it more acceptable in other ways.

11.21.050 Conditional Uses. Permitted conditional uses for each zoning district are listed in the appropriate chapter for each zoning district.

11.21.060 Revocation of Conditional Use Permit. Failure of any person or persons who holds a conditional use permit issued by the City Council to abide by all of the restrictions and conditions of the conditional use permit shall be adequate grounds for the City Council to revoke such conditional use permit and order that the conditional use shall be discontinued within thirty (30) days of the revocation of the conditional use permit.

11.21.070 Conditional Use-Home Occupations. Major home occupations shall be permitted with the intention of permitting uses which in the opinion of the approving body will not adversely affect the pubic safety, health and general welfare and uses permitted in the district of which it is a part. Criteria for approval of a major home occupation shall include, but may be limited to the following:

a). The activity must be clearly incidental to the use of the dwelling for dwelling purposes and shall not change the character or appearance thereof.

b). Only members of the immediate family who reside within the dwelling shall own or manage the home occupation.

c). The home occupation may be advertised by a nameplate or sign not to exceed two (2) square feet that is attached to the main door or suspended in a window.

d). No materials or mechanical equipment shall be used which will be detrimental to the residential use of said residence or adjoining residences because of vibration, noise, odor, interference with radio or television reception or other factors.

e). No occupation shall be permitted, which in the opinion of the approving body, will detract form the residential character of the neighborhood.

f). No more than two vehicles related to the occupation may be kept at the premises and the vehicles must be parked off the street.

g). No home occupation shall occupy more than 300 square feet of gross floor area.

h). Under no conditions will any material classified as hazardous be allowed to be stored or used on the premises.

11.21.080 Approval of Home Occupations Conditional Use Permits.

A). Minor Home Occupation Conditional Use Permit, as defined in Chapter 11.02.040, paragraph 34, shall be approved by the Planning Director.

B). Major Home Occupation Conditional Use Permits shall be granted only by the City Council when their findings are that:

1). The use conforms to the objectives of the master plan and the intent of this code, and
2). Such use will not adversely affect nearby property or their occupants, and
3). Such use meets density, coverage, yard, height and all other regulations of the district in which it is to be located, unless otherwise provided for in this code, and
4). Public hearings have been held, after the required legal notices have been given and the public has been given a chance to be heard upon the matter.
5). There shall be a right of appeal to the Belgrade City Council by the applicant for a minor home occupation if the conditional use permit is denied by the Planning Director. There shall also be a right of appeal to the Belgrade City Council by any neighbors if the conditional use permit is approved by the Planning Director.

11.21.080 Revocation of Home Occupation Conditional Use Permits. The revocation of Home Occupation Conditional Use Permits shall be governed by the same restrictions as listed under Chapter 11.21.060.