A.   Any expansion or enlargement of a conditional use for which a conditional use permit has been granted requires a new conditional use permit to be granted for the entire property.

   B.   The conditional use for which a permit was granted must be developed in accordance with the plans, specifications, and representations made by the applicant in the application materials and public hearings. A material change to any such plans, specifications, and representations requires a new conditional use permit application. If the conditional use is developed contrary to such plans, specifications, and representations, and the deviation is material, the conditional use permit may be revoked pursuant to provisions in section 11-3-9.

   C.   For purposes of this chapter, “material change” is defined as any deviation from the plans, specifications, and representations, implicating any of the factors stated in section 11-3-4B, that may result in:

      1.   A change to the conditions of approval; or

      2.   A finding of an adverse impact with respect to section 11-3-4A1 and A2 criteria. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)

   A.   A person desiring a conditional use permit shall apply to the city on the appropriate forms and pay any required fees.

   B.   All applications for a conditional use permit must include the following information:

      1.   Type and extent of the proposed use;

      2.   Site plan showing the proposed and current location of:

         a.   Pedestrian, vehicular, and bicycle ingress and egress to the property;

         b.   Parking and loading areas;

         c.   Landscaping and screening;

         d.   Solid waste collection areas;

         e.   Utilities;

         f.   Signs; and

         g.   Lighting;

      3.   Proposed storm water drainage plan;

      4.   Traffic impact study for any use that will generate more than two hundred (200) vehicle trips a day;

      5.   Vicinity map of the area showing the location of the property in relation to surrounding land and zoning in the immediate area, water and wastewater mains, other utilities, and city streets;

      6.   Planned modifications to the existing structure;

      7.   Preliminary architectural drawings for new construction with elevations that include building heights;

      8.   An evaluation of the impacts on the abutting properties and the neighborhood with respect to factors identified in section 11-3-5B. The evaluation must address any potential adverse impacts and how any such adverse impacts will be mitigated.

      9.   Expected time when the permitted conditional use will commence; and

      10.   Variances requested. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)

The following completeness review is required for applications for conditional use permits:

   A.   Within ten (10) working days of receipt of an application and required filing fee, the city shall review the submitted information to determine whether the application contains all the information required by this chapter. The application is complete if all the information required is provided, thereby forming the basis for an informed decision on the application. The city shall give written notice to the applicant of the determination as to whether or not the application is complete.

   B.   If the city determines that information is missing from the application, the city will identify those elements in the notification. If the applicant fails to submit the missing information within five (5) working days of the notice of deficiency, the city may deny approval of the application.

   C.   If the applicant corrects the deficiencies and resubmits the application within the time provided above, the city has ten (10) working days to notify the applicant whether the resubmitted application contains all the information required by this chapter.

   D.   After a complete application has been filed, the city shall investigate the facts bearing on the application to assure that the action on the application is consistent with the intent and purpose of this title, and then give its recommendation to the zoning and city commissions. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)

   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)

   A.    Conditional use permits may be granted subject to either one-time or ongoing conditions.

   B.   Any conditions imposed must relate to the adverse impacts with respect to section 11-3-4A standards identified during the consideration of section 11-3-4B factors and may include, but are not limited to, requirements for:

      1.   Special setbacks and buffers;

      2.   Installation of special fences, solid fences, walls, and landscaping;

      3.   Improvements to parking areas;

      4.   Improvements to streets and points of vehicular ingress and egress;

      5.   Restrictions on signs;

      6.   Restrictions on lighting;

      7.   Restrictions on noise, vibrations, and odors;

      8.   Restrictions on hours of operation;

      9.   Time period within which the proposed use must be developed and commenced;

      10.   Limiting the conditional use to a certain size and location on the property; or

      11.   Any other conditions necessary to mitigate the identified adverse impacts.

   C.   Conditional approval must specify:

      1.   The conditions to be completed;

      2.   The time frame within which the conditions must be completed;

      3.   Whether the conditions are one-time or ongoing; and

      4.   Whether the conditions can be deferred for a reasonable time pursuant to an agreement between the applicant and the city.

   D.   If the conditions are not completed within the time frame specified, the conditional use permit is deemed denied unless an extension is granted by the city commission by a resolution. (Ord. 3279, 1-13-2020)

   A.   The zoning commission shall hold a public hearing on the application to gather facts and information from all interested parties. At least fifteen (15) days' notice of the hearing shall be published in an official newspaper, or a newspaper of general circulation, in the city.

   B.   The zoning commission may continue the hearing, if necessary, to obtain additional information. If the hearing is continued, a second legal notice is not required if the time, date, and location of the continued hearing is announced at the hearing and placed in the official record of the zoning commission.

   C.   The zoning commission’s recommendation, to either approve, deny, or conditionally approve and any recommended conditions, must be based upon information presented at the public hearing and information contained in the application.

   D.   The zoning commission shall send the city commission its recommendation on the application, together with any and all pertinent facts in regard to the application and its recommendation. The applicant must be given a true and exact copy of the zoning commission's recommendation at least three (3) days prior to the city commission hearing on the application. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)

   A.   The city commission must hold a public hearing on the application. At least fifteen (15) days’ notice of the time and place of the hearing must be published in an official paper or a paper of general circulation in the city.

   B.   The city commission’s decision must be based on the information contained in the application, information presented at the public hearing, and the zoning commission's recommendation.

   C.   The city commission may approve, deny, or conditionally approve the requested conditional use permit. Approval or conditional approval must be accomplished by resolution. The resolution must contain the statement of findings required by section 11-3-5 of this chapter. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020)

   A.   Once granted, a conditional use permit continues until the property is no longer used for the purpose for which the conditional use permit was granted as defined in 11-3-8B. If the property is no longer used for the purpose for which the conditional use permit was granted, the conditional use permit may be declared void by the community development director after thirty (30) days’ written notice to the property owner.

   B.   A property is considered to no longer be used for the purpose for which the conditional use permit was granted if the property is not used for that purpose for at least thirty (30) continuous business days during each calendar year. This presumption may be rebutted by evidence that the lack of use is temporary and the owner does not intend to abandon the use. (Ord. 3097, 4-7-2008; amd. Ord. 3279, 1-13-2020; Ord. 3281, 7-13-2020)

   A.   If a conditional use for which a conditional use permit has been granted is not in compliance with the requirements of the conditional use permit, the city may revoke that conditional use permit.

   B.   Prior to revocation, the city must send a written notice of revocation by certified mail to the property owner and the leasee of the property. The revocation notice must:

      1.   Identify which conditions are being violated;

      2.   State that the property must be brought into compliance within fifteen (15) business days of the date of the notice of revocation; and

      3.   Advise the owner that if the violating condition is not brought into compliance within the time specified:

         a.   The conditional use permit will be considered revoked;

         b.   The owner will have to immediately stop using the property for the use for which the conditional use permit was granted; and

         c.   The city will pursue revocation of the business license associated with the conditional use in accordance with provisions of this city code.

   C.   A conditional use permit revoked pursuant to this section may be reinstated upon a showing that all requirements of the conditional use permit are being met.

   D.   If a conditional use permit is not reinstated within one (1) year of the date of the notice of revocation the conditional use permit will be considered void. (Ord. 3279, 1-13-2020)

If the conditional use permit for a property is deemed void pursuant to provisions of this chapter, the property owner must apply for a new conditional use permit before the conditional use can resume. (Ord. 3279, 1-13-2020)