A conditional use is any use that due to certain special characteristics related to its operation, may be allowed in a zoning district after evaluation and recommendation by the Planning and Zoning Commission and approval by the Common Council. The conditional use review process provides an opportunity to allow the use, but impose mitigation measures to address identified concerns, or deny the use if the concerns cannot be resolved.

(Ord. 7-2015, 2-3-2016)

An application shall be filed with the Planning and Zoning Commission for review. The application shall show the location for intended use of the site and such other information as the Planning and Zoning Commission deems pertinent to the application.

(Ord. 7-2015, 2-3-2016)

Upon receipt of an application and fee, the Planning and Zoning Commission shall give a ten (10) day notification of a public hearing. One notice of time and place of such hearing shall be published in the official newspaper of the City. In addition, a sign noting the fact that an application for a conditional use is pending shall be posted on the site not less than ten (10) days before the public hearing before the Planning and Zoning Commission. The sign shall be maintained on the site until the Common Council has taken action on the request or the application is withdrawn. Approved signs shall be secured from the Planning Department who shall require a reasonable deposit sufficient to cover the cost of replacement of such sign or signs and who shall determine the number and location of the sign or signs to be posted on the site addressed in the application for the conditional use. The recommendation shall then be scheduled for public hearing at a meeting of the Common Council. At least ten (10) days prior to the public hearing, one notice of the time and place of such hearing shall be published in the official newspaper of the City. Applications for conditional use permits shall be decided within forty-five (45) days of the date of application.

(Ord. 7-2015, 2-3-2016)

In approving a conditional use, the Planning and Zoning Commission and the Common Council shall determine that all of the following criteria are met:

A.

Compatibility.

1.

The proposed use is consistent with the land uses in the area and the purpose of the zoning district;

2.

The proposed use will not conflict with surrounding land uses and will not create nuisances for neighboring land owners; and

3.

The proposed use will not negatively impact environmentally sensitive areas on or near the site.

B.

Services.

1.

The existing transportation system is capable of supporting the proposed use;

2.

The proposed water, wastewater, and storm water plans adequately accommodate the proposed use and meet the applicable requirements of the City of Belle Fourche; and

3.

Public services for law enforcement, fire protection, and emergency management are capable of serving the proposed use.

C.

Comprehensive Plan.

1.

The proposal is consistent with the goals identified in the Belle Fourche Comprehensive Plan.

(Ord. 7-2015, 2-3-2016)

The Planning and Zoning Commission may recommend conditions of approval, and the Common Council may attach conditions of approval to conditional use permits. However, conditions may be applied only to ensure that proposal will conform to the applicable approval criteria, or to ensure the enforcement of other regulations, procedures, or laws.

(Ord. 7-2015, 2-3-2016)

In recommending denial to the Common Council, the Planning and Zoning Commission shall state the reasons for the denial.

(Ord. 7-2015, 2-3-2016)

The recommendation shall then be scheduled for public hearing at a meeting of the Common Council. At least ten (10) days prior to the public hearing, one notice of the time and place of such hearing shall be published in the official newspaper of the City. The Common Council, acting as the Board of Adjustment, shall consider and grant approval or denial of the conditional use permit. The concurring vote of at least two-thirds of the members of the Common Council shall be necessary to effect any conditional use permit.

(Ord. 7-2015, 2-3-2016)

If an approved conditional use permit is not acted upon by the original applicant within one year of the date of approval, the conditional use permit shall expire. If an approved conditional use is discontinued for a period of one year, the conditional use rights are lost. If a conditional use ceases operations, even if the structure or materials related to the use remain, the use has been discontinued. Any conditional use proposing to locate at the site after that time must file a new conditional use application.

(Ord. 7-2015, 2-3-2016)

An approved conditional use may be revoked only for cause, consisting of failure to maintain the conditions required. A notice of intent to revoke a conditional use shall be given in writing thirty (30) days prior to actual revocation and shall specify the area or areas of continued failure to meet requirements and maintain conditions the City may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the permit shall be continued in force. If a hearing has been requested following receipt of notice of intent to revoke, the Planning and Zoning Commission shall hold a public hearing on the matter and make a recommendation to the Common Council for final determination on the revocation.

(Ord. 7-2015, 2-3-2016)