Big Timber City Zoning Code
CONDITIONAL USE
PERMITS
§ 154.275 INTENT.
(A) 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.
(B) The conditional use permitting process is intended to provide a detailed and comprehensive review of proposed developments that potentially could have significant adverse effects on the community.
(2015 Code, § 11-15-1) (Ord. 454, passed 6-19-2000)
§ 154.276 CONDITIONAL USE REQUIREMENTS.
(A) No structure or land may be used for any purpose, in any district, where such use is not permitted, unless such use is listed as a conditional use within that district, and approval for that use is obtained through the proper procedures.
(B) Conditional use permits shall be granted only by the City Council when its findings are that:
(1) The use will not adversely affect public health, safety, and general welfare of the community, and that use conforms to the goals and objectives of the master plan (growth policy plan) and the intent of this chapter;
(2) Such use will not adversely affect nearby properties or their occupants;
(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 chapter; and
(4) A public hearing has been held, after the required legal notice has been given, and the public has been given a chance to be heard upon the matter.
(2015 Code, § 11-15-2) (Ord. 454, passed6-19-2000) Penalty, see § 154.999
§ 154.277 CONDITIONAL USE PERMIT PROCEDURE.
(A) Application.
(1) The applicant must submit a conditional use permit application form to the Zoning Officer. All applications for conditional use permit must be accompanied by plans drawn to exact scale, showing the exact dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of existing buildings, if any, the exact location and dimensions of the proposed buildings or alterations, and information that states how the conditional use requirements listed in § 154.276 will be met.
(2) Applications shall be accompanied with a fee as set forth in § 154.431 to cover associated administrative and review costs. The property owner and applicant must sign all applications.
(B) Investigation. The Zoning Officer shall investigate the facts bearing on the application as will provide necessary information to assure that the action on each application is consistent with the intent and purpose of this chapter.
(C) Recommendation of Zoning Officer. The Zoning Officer shall forward to the City-County Planning Board a recommendation on the application with any and all pertinent facts. The applicant will also be given a copy of the Zoning Officer’s recommendation to the City-County Planning Board meeting.
(D) Public hearing; notice.
(1) Upon receipt of the Zoning Officer’s recommendation, the City-County Planning Board shall hold a public hearing on said application at which time the Zoning Officer’s recommendation shall be read and additional testimony may be taken from interested parties.
(2) At least ten days’ notice of time and place of such hearing shall be published in a newspaper of general circulation in the city, and at least 14 days’ notice of time and place of such hearing shall be posted by the applicant on the property in question in such a manner as may be prescribed by the Zoning Officer.
(3) After the hearing, the City-County Planning Board shall recommend to the City Council to either approve or deny the application. If the application is recommended for denial, reasons for denial should be given.
(E) City Council action. The Planning Board’s recommendation shall be forwarded to the City Council for final action within ten days of the public hearing. The City Council, at a regular City Council meeting, shall either approve or deny the application. If the application is denied, reasons for denial should be given. If approved, the Zoning Officer shall issue a conditional use permit along with attached conditions to the applicant.
(2015 Code, § 11-15-3) (Ord. 454, passed 6-19-2000)
§ 154.278 CONDITIONAL APPROVAL.
In approving applications of conditional use, the Zoning Officer and City-County Planning Board shall recommend, and the City Council may approve, such lawful conditions which will secure substantial protection for the public health, safety, and general welfare related to the following:
(A) Ingress and egress. 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) Off-street parking. Adequate off-street parking and loading areas, where required, with particular attention to access, traffic flow, and vehicular and pedestrian safety;
(C) Garbage. Location of garbage containers and garbage pickup with respect to traffic flow and access, odor, and vehicular and pedestrian safety;
(D) Utilities. Availability and compatibility of utilities in suitable locations;
(E) Screening and buffering. Adequate screening and buffering, with attention to type, dimensions, and character;
(F) Signs. Signs, with attention to preventing glare and promoting traffic safety and harmony with adjacent properties;
(G) Yards. Required yards, screening, buffering, and open space; and
(H) Compatibility. General compatibility with adjacent and other properties.
(2015 Code, § 11-15-4) (Ord. 454, passed 6-19-2000)
§ 154.279 EXPIRATION OF CONDITIONAL USE PERMITS.
Conditional use permits issued by the Zoning Officer, and approved by City Council, shall expire by limitation and become null and void if the building or work authorized by such permit has not commenced within 180 days from the date of such permit or if the building, work, or use authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work or use can recommence, a new conditional use permit shall first be obtained.
(2015 Code, § 11-15-5) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.280 PERMITTED CONDITIONAL USES.
Permitted conditional uses for each zoning district are listed in the appropriate section for each zoning district.
(2015 Code, § 11-15-6) (Ord. 454, passed 6-19-2000)
§ 154.281 REVOCATION OF CONDITIONAL USE PERMIT.
Failure of any person or persons who holds a conditional use permit issued by the Zoning Officer 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 30 days of the revocation of the conditional use permit.
(2015 Code, § 11-15-7) (Ord. 454, passed 6-19-2000) Penalty, see § 154.999
§ 154.282 CONDITIONAL USE PERMITS FAILED.
The Zoning Officer shall cause the original conditional use permits to be filed with the City Clerk/Treasurer. The Zoning Officer shall maintain a duplicate file of conditional use permits.
(2015 Code, § 11-15-8) (Ord. 454, passed 6-19-2000)