Conditional use permits may be issued for any uses or purposes as listed, or such uses which are comparable in degree and impact. A lot or legal subdivision of the city shall be allowed only one conditional use permit.

(Ord. 900 (part), 1995; Ord. 851 (part), 1993; Ord. 831 § 10.7, 1992)

1. Conditional uses are those uses which have some special impact or uniqueness since their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time the application is submitted, a review of the location, design, configuration and impact is conducted by comparing the proposed use to fixed standards.
   
   This review determines whether the proposed use should be permitted by weighing public need for, and benefit to be derived from, the use against the local impact which it may cause.
2. The planning and zoning commission and board of adjustment shall either approve or deny the application, and, where approved shall establish the specific conditions under which the application is approved. The application shall be denied if the Deadwood planning and zoning commission or Deadwood board of adjustment finds either that:
   1. The application and record fail to establish compliance with the standards made applicable to the proposed development by the provisions of this chapter;
   2. The proposed use developed in the proposed manner and at the proposed location, will be inconsistent with the standards applicable to it pursuant to the provisions of this chapter;
   3. After taking into consideration any proposals of the applicant and any conditions that might be imposed by the commissions pursuant to the provisions of this chapter to alleviate adverse impacts, such adverse impacts of the development shall outweigh any public or private benefits of the proposal and require denial of the conditional use in the interest of the overall public health, safety and welfare. Should a conditional use permit request be denied by the commissions, a new application for the same use, in the area represented in the application, cannot be filed for one year.

(Ord. 851 (part), 1993; Ord. 831 § 10.7.1, 1992)

An application for a conditional use permit shall be filed with the city planning department on a prescribed form. An application for approval may be filed by any person having an interest in the property for which the conditional use is requested. The following information shall be included:

1. All materials and information required by Section 17.96.020 of this title, Development Review Application;
2. A complete site plan showing the major details of the development, including without limitation, location of buildings and structures, useable open space, off-street parking areas, off-street loading areas, service and refuse areas, means of ingress/egress and screening. Signage requires approval from the historic preservation commission and a sign application can be obtained at the building inspector’s office.
3. A written statement indicating how the application meets the criteria for approval. Such written statement shall include information relating to the intensity of uses, amount of traffic generated, hours of operation and other information that the board deems necessary. The planning and zoning commission shall consider and decide all applications or conditional uses within thirty (30) days of receipt of such and in accordance with the standards provided below.

(Ord. 900 (part), 1995; Ord. 831 § 10.7.2, 1992)

In reviewing any case under the authority of this chapter and as a further guide to its decision upon the facts of the case, the commission shall consider, among other things, the following facts:

1. The proposed use shall be in harmony with the general purposes, goals, objectives and standards to the city policy plan, this title, the district in which it is located, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice by the city.
2. Whether or not a community need exists for the proposed use at the proposed location; in light of existing and proposed uses of a similar nature in the area and of the need to provide or maintain a proper mix of uses both within the city and also within the immediate area of the proposed use: (a) the proposed use in the proposed location shall not result in either a detrimental over concentration of a particular use from previously permitted uses within the city or within the immediate area of the proposed use.
3. The proposed use at the proposed location shall not result in a substantial or undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way.
4. Whether or not the proposed use increases the proliferation of nonconforming uses as well as previously approved conditional use permits which are still in use, when influenced by matters pertaining to the public health, safety and general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policies of the policy plan, this title, or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the city or other governmental agency having jurisdiction to guide growth and development.
   
   For any conditional use, lot and performance standards shall be the same as similar type uses located in specific districts. The character and use of buildings and structures adjoining or in the vicinity of the property mentioned in the application, shall be considered in their entirety.
5. Whether or not the proposed use in the proposed area will be adequately served by and will not impose an undue burden on any of the improvements, facilities, utilities and services specified in this chapter. Where any such improvements, facilities, utilities or services are not available or adequate to service the proposed use in the proposed location, the applicant, as part of the application and as a condition to approval of the proposed conditional use permit, is responsible for establishing ability, willingness and binding commitment to provide such improvements, facilities, utilities and services in sufficient time and in a manner consistent with the policy plan, this title, and other plans, programs, maps and ordinances adopted by the city to guide its growth and development. The approval of the conditional use permit shall be conditioned upon such improvements, facilities, utilities, and services being provided and guaranteed by the applicant as described in Section 17.04.110 of this title, Financial Guarantees.

(Ord. 900 (part), 1995; Ord. 831 § 10.7.3, 1992)

For each application for a conditional use, the planning and zoning commission shall report to the board of adjustment its findings and recommendations, including the stipulation that additional conditions will be complied with when they are deemed necessary for the protection of the public interest.

(Ord. 831 § 10.7.4, 1992)

1. In the R1 residential district and/or R2 multi-family residential district, conditional use permits granted by this chapter shall be temporary in nature, with the exception of townhouses, condominiums and multi-family dwellings, and shall be granted to a designated person who resides at a residential address. They are not transferable from person to person or from address to address.
2. Following the issuance of a conditional use permit pursuant to the provisions of this chapter, such permit may be amended, varied or altered only pursuant to the standards and procedures established by this section for its original approval.
3. In the R-1 residential district and/or R2 multi-family residential district, should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, should a surviving spouse or child desire to continue the home occupation, written notice to that effect shall be given to the zoning administrator, and the board of adjustment may authorize continuation of that permit without further hearing.
4. Conditional use permits, once granted, can be revoked by the board of adjustment for cause after a hearing is held before them. Complaints seeking the revocation of such permit shall be filed with the zoning administrator and may be initiated by the planning and zoning commission or any three residents within three hundred (300) feet of the property lines of which the application has been filed. All such revocation hearings shall be conducted in the same manner as for the conditional use permit application hearings.
5. The planning and zoning commission shall have the authority to review conditional use permits at any time and on an annual basis and place additional stipulations to mitigate a problem.
6. To defray the administration costs of processing requests for conditional use permits, a fee has been set by resolution by the city commission and such information is available at the planning and zoning office.
7. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of such permit and of any conditions designated in connection therewith.
8. If the use permitted under the terms of a conditional use permit has not been started within six months of the date of issuance thereof, the permit shall expire and be canceled by the city planning department. Written notice thereof, shall be given to the persons affected, together with notice that further use or work as described in the canceled permit shall not proceed, unless and until a new conditional use permit has been obtained.
9. If the use permitted under the terms of a conditional use permit ceases, for whatever reason, for a period of twelve (12) months, the permit shall expire and be canceled by the city planning department. Written notice thereof, shall be given to the person(s) affected, together with notice that further use or work as described in the canceled permit shall not proceed, unless and until a new conditional use permit has been obtained.
10. Upon receipt in proper form of the application and other requested material, the board of adjustment shall hold at least one public hearing in a location to be prescribed by the board of adjustment, and shall make a decision upon the proposal to grant or deny the conditional use permit. At least ten (10) days in advance of each hearing, notice of the time and place of such hearing shall be published in the official newspaper of the city. Notice shall be posted on the property for which the conditional use application has been filed.

(Ord. 1035 (part), 2005; Ord. 952 (part), 1999; Ord. 900 (part), 1995; Ord. 831 § 10.7.5, 1992)