(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. No structure or land may be used for any purpose in any district where such use is not a permitted or a conditional use. Uses that have not been designated as conditional by this title may be reviewed conditional if the Lewistown zoning commission determines that the use will not adversely affect the public health, safety or general welfare. Approval for the conditional use shall be obtained through the proper procedures outlined in this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (B)   The city commission may approve the conditional use permit after considering facts presented in the application and it is concluded that: (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

      1.   The proposed use meets all application/submittal requirements as contained in sections 11-6-2 to 11-6-4 of this chapter.

      2.   The proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety or general well being of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

      3.   The granting of the conditional use permit will be in general compliance with the Lewistown comprehensive plan and the requirements set forth in this chapter.

      4.   The proposed use will comply with the regulations and standards specified in the Lewistown zoning title.

      5.   The proposed use conforms to the zoning district standards including, but not limited to, density, lot coverage, yards, height limitations and off street parking (chapters 3 and 8 of this title) and is compatible with surrounding land use or sufficiently screened so as to minimize adverse effects.

      6.   The proposed use has been duly noticed, a public hearing held in accordance with section 11-6-6 of this chapter, and the public has been given sufficient opportunity to be heard upon the matter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (C)   The city commission may impose conditions including, but not limited to: (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

      1.   Setbacks, open space and landscaping.

      2.   Building height.

      3.   Fencing and buffering.

      4.   Signs.

      5.   Lighting.

      6.   Vehicular ingress and egress.

      7.   Off street parking.

      8.   Environmental impacts, such as noise, dust, odors, smoke and others.

      9.   Extent of the use and length of time such use may be permitted. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   All applications for conditional uses, including all required supportive information, shall be filed with the Lewistown zoning commission. Applications shall be accompanied with the appropriate filing fee as outlined in the most recent city commission resolution. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (B)   Upon receipt of a conditional use application, the zoning coordinator shall give notice of the public hearing to be held before the Lewistown zoning commission. The notice shall be published at least once in the official newspaper of the city not more than forty five (45) days nor less than fifteen (15) days prior to the scheduled public hearing.

   (C)   The notices shall further specify the date, time and place for the public hearing. It shall indicate the name and address of the applicant, the name and address of the owner of record of the property, a legal description of the property affected, the street address or its location by approximate distances from the nearest major street or road intersection so that the property can be easily identified, and a brief statement of the nature of the hearing.

   (D)   The notice of public hearing may be made available to all newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.

   (E)   The notice shall be sent by mail not more than forty five (45) days nor less than five (5) working days prior to the public hearing to the applicant and owners of record (or their authorized representative) of the subject property as well as to the owners of record of all parcels within three hundred feet (300') of the perimeter of the subject property.

   (F)   If a required property owner fails to receive mail notification of a scheduled public hearing, this action shall in no way invalidate the legal notice requirements of the scheduled public hearing.

   (G)   Notice may also be provided to property owners in any additional area that may be substantially impacted by the proposed development as determined by the building inspector or zoning coordinator. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Every application for a conditional use permit is evaluated in terms of its compliance with the criteria set forth in section 11-6-1 of this chapter.

   (B)   The Lewistown zoning commission shall not accept any conditional use permit application unless the site plan information set out in section 11-6-4 of this chapter is supplied. Until such data is submitted, the application is incomplete and cannot be accepted or processed.

   (C)   Prior to preparing the material for submittal, the applicant should contact the zoning coordinator to review data requirements as to proper content and format. The applicant is responsible for the accuracy of information (drawings, sketches, diagrams, etc.) submitted. Approval granted on the basis of false information shall be held invalid. All data (plans, maps, etc.) must be neat and legible or will not be accepted and must be submitted to the Lewistown zoning commission at least fifteen (15) working days prior to the scheduled public hearing. The zoning coordinator and building inspector may develop additional administrative plan review procedures relating to site planning, buffering, grading, circulation, building design, building site plan relationships, roof design, landscaping, architectural relationships, signing and other requirements as may be necessary to carry out the intent of this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

These requirements refer to new construction or changes in use. The required data may include, but are not limited to:

   (A)   Site Plan: All site plans (10 copies are required) shall be drawn at a minimum scale of one inch equals twenty feet (1" = 20') on a uniform size sheet, maximum acceptable size being twenty four inches by thirty six inches (24" x 36"), and shall show, where applicable:

      1.   A title block showing the name and address of applicant(s) and the name and address of proposed project, site and date of preparation.

      2.   Scale and north arrow.

      3.   Property lines with dimensions.

      4.   Setback lines (specify front, rear and side yards) with dimensions.

      5.   Existing and proposed easements, indicating name, width and purpose (utilities, streets, etc.).

      6.   Topographic features of the site which show structures, embarkments, water courses (streams, creeks, etc.), drainage channels, areas of seasonal water ponding, floodplain, marsh areas, rock outcrops and wooded areas.

      7.   Location, dimensions and height of buildings, existing or proposed (include number of proposed dwelling units or commercial and industrial units to be built).

         (a)   Percent building coverage of each lot on the site.

         (b)   Use of materials.

         (c)   Facade and roof element (design).

         (d)   Screening of roof based mechanical equipment.

      8.   Loading areas (dimensions).

      9.   Proposed off street parking facilities including driveways showing surfacing materials, stall size and aisle widths.

      10.   Storage areas, garbage enclosures, etc.

      11.   Phases of development, if to be carried out in stages.

      12.   Accurate contour lines showing contours at reasonable intervals on land with slopes greater than five percent (5%) or with unusual topographic features.

      13.   Surfaced areas, including walkways.

      14.   Drainage facilities (manholes, culverts, etc.).

      15.   Signs:

         (a)   Elevation of signs.

         (b)   Scaled drawings indicating dimensions of types of signs proposed.

         (c)   Description of colors, materials and lighting proposed.

      16.   Fences, walls, buffering techniques, etc.

         (a)   Location on site plan.

         (b)   Sample sketch indicating and describing appropriate dimensions (height, width, etc.) and materials to be used.

      17.   Location of utilities (water, sewer, electricity, natural gas, telephone, cable, etc.).

   (B)   Landscaping Design Plan: Refer to chapters 4 and 8 of this title for recommendations. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   The zoning commission, through the zoning coordinator, shall make an investigation of facts bearing on the application as well as provide necessary information to assure that the action on each application is consistent with the intent and purpose of this chapter and other city regulations.

   (B)   The zoning commission shall consider the conditional use permit on the date set for the public hearing or on the date to which such hearing may be continued from time to time by the zoning commission in order to obtain a complete record as it deems appropriate. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   At the beginning of each regularly scheduled zoning commission hearing, the chairperson shall ask of those persons present including, but not limited to, the applicant, the applicant's authorized representative, members of the audience and the zoning commission for any protests, objections to, or questions of any proposed conditional use application and related staff report, including the conditions attached thereto. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   At the public hearing, the zoning commission shall recommend approving, conditionally approving or denying the conditional use permit if after considering the facts presented in the application and through public testimony it finds that the criteria as contained in section 11-6-1 of this chapter have been met or are not satisfied.

   (B)   In recommending approving, conditionally approving, or denying the conditional use permit, the zoning commission shall make a written finding which shall specify the facts relied upon by the zoning commission in making its decision and in establishing conditions. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   The city commission shall consider the conditional use permit on the date set for the public hearing or on the date to which such hearing may be continued from time to time by the city commission in order to obtain a complete record as it deems appropriate. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (A)   Upon conclusion of the public hearing, the city commission may grant, modify or deny the conditional use permit. The city commission's decision shall document reasons the conditional use fulfilled or failed to fulfill the requirements set forth in section 11-6-1 of this chapter. A copy of the decision shall be filed with the city clerk, zoning coordinator, building inspector and mailed to the applicant.

   (B)   In granting a conditional use permit, the city commission may impose conditions necessary and desirable to protect the public health, safety and general welfare.

   (C)   The conditional use permit, when approved by the city commission, shall be verified, signed and issued by the Lewistown zoning commission. The applicant, upon receiving the conditional use permit (including final site conditions and approved final site plan), may then obtain a building permit from the city building inspector's office. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (A)   Any approved conditional use permit shall be conditioned upon the privileges granted being utilized as follows: (Ord. 1576, 5-1-1989, eff. 6-15-1989)

      1.   Within six (6) months after the city commission has approved or conditionally approved the conditional use permit application, the applicant shall have submitted to and acquired from the zoning coordinator a verified and approved final site plan and conditional use permit; and

      2.   Within eighteen (18) months after approval of the final site plan and issuance of the conditional use permit, the applicant shall have completed the project as defined on the approved final site plan and conditions attached thereto. The eighteen (18) month completion time period shall not apply to those projects whose conditions include a specific, phased schedule of construction extending beyond the eighteen (18) month time period.

   (B)   Failure to utilize the conditional use permit privileges within either the six (6) month or the eighteen (18) month time periods noted above will automatically void the same. The property covered by an approved conditional use permit shall not be used for any purpose other than that authorized by the permit unless modified as provided in section 11-6-11 of this chapter. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Modifications requested by the holder of an approved conditional use permit may be granted when it can be determined that such changes or modifications are necessary to accommodate special circumstances related to the location, siting or implementation of the approved site plan and conditions, and where such modifications are found to be insignificant to the surrounding landowners so as not to drastically alter the approved site plan or intent of the conditions. The applicant shall state in writing the need for or purpose of the proposed modifications.

   (B)   The applicant may request in writing that the approved conditional use permit be modified by enlarging the structure, enlarging the area of use, or changing the use to a different permitted use in the zoning district. The modification shall not significantly alter the intent of the approved conditions and the neighborhood character. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (C)   Upon review and approval by the city commission, such modification may be authorized. Such modification shall be fully documented, recorded and copies of the same shall be retained in the appropriate files of both the building inspector and zoning coordinator. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (D)   Documentation shall be in the form of a revised final site plan verified and signed by the zoning coordinator and the issuance of a revised conditional use permit. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

Cancellation of a conditional use permit may be effected by the zoning coordinator receiving written notification from the property owner. The permit becomes void upon receipt of the communication in the office of the Lewistown zoning commission. Notice shall then be provided to the building inspector as to the voidance of such permit. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (A)   Violation of any of the conditions or contents of a conditional use permit approval may subject said conditional use permit to review and possible revocation by the city commission. Approval granted on the basis of false information shall be held invalid.

   (B)   In the event a conditional use permit has been violated, a revocation of such permit may be initiated by the building inspector, the zoning coordinator or the city commission. Any proposition to revoke a conditional use permit on the grounds that the terms of the permit have been violated shall be referred to the zoning commission. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

   (C)   The zoning commission shall offer the property owner and any interested party an opportunity to be heard at a public meeting, duly advertised in accordance with section 11-6-2 of this chapter, at which time it shall consider a proposition for revocation of a conditional use permit. (Ord. 1576, 5-1-1989, eff. 6-15-1989)

   (D)   Upon recommendation of the zoning commission, the city commission shall hold a public hearing on the proposed revocation. Said notice of public hearing shall be published at least once in the official newspaper of the city having general circulation within the area of zoning jurisdiction of the city not more than forty five (45) days nor less than fifteen (15) days prior to the public hearing.

   (E)   Upon conclusion of the hearing, the city commission may revoke the conditional use permit. The decision of the city commission shall contain a finding of facts showing where the applicant failed to fulfill the original requirements or conditions for use. A copy of the decision shall be filed with the city clerk, zoning coordinator, building inspector and mailed to the applicant. (Ord. 1576, 5-1-1989, eff. 6-15-1989; amd. Ord. 1664, 1-3-2000)

The following uses may be permitted as conditional uses in the districts specified:

R-1 Residential One-Family:

Cemeteries.

Childcare centers.

Churches and other places of worship including parish houses and Sunday school buildings.

Home occupations.

Planned unit development.

Schools, public elementary, junior and senior high schools, includes private schools.

R-2 Residential Two-Family:

Cemeteries.

Childcare centers.

Churches and other places of worship including parish houses and Sunday school buildings.

Convalescent, nursing, retirement and personal care homes; charitable institutions.

Home occupations.

Planned unit development.

Rehabilitative centers.

Schools, public elementary, junior and senior high schools, includes private schools.

R-3 Residential Multi-Family:

Cemeteries.

Childcare centers.

Churches and other places of worship including parish houses and Sunday school buildings.

Convalescent, nursing, retirement and personal care homes; charitable institutions.

Home occupations.

Hospitals (for the care of human patients).

Planned unit development.

Rehabilitative centers.

Schools, public elementary, junior and senior high schools, includes private schools.

RMO Residential Manufactured Home:

Cemeteries.

Childcare centers.

Churches and other places of worship including parish houses and Sunday school buildings.

Convalescent, nursing, retirement and personal care homes; charitable institutions.

Home occupations.

Planned unit development.

Rehabilitative centers.

Schools public elementary, junior and senior high schools, includes private schools.

Travel trailer parks (transient).

NC Neighborhood Commercial:

Daycare homes.

Drive-in restaurants.

Planned unit development.

Rehabilitative centers.

Veterinary clinics (no overnight boarding).

C-1 General Commercial:

Childcare centers.

Commercial recreation areas.

Convalescent, nursing, retirement and personal care homes; charitable institutions.

Daycare homes.

Hospitals (for the care of human patients).

Planned unit development.

Rehabilitative centers.

Signs, billboards.

Travel trailer parks (transient).

C-2 Central Business:

Bowling alleys.

Commercial recreation areas.

Dwellings: single-family, two-family and multi-family.

Planned unit development.

Rental service stores and yards.

Sales:

Automobile (new and used).

Motorcycle sales and repairs.

Sign manufacturing, painting and maintenance.

Signs, billboards.

Trailer and recreational vehicle sales area.

C-3 Highway Commercial:

Assembly of machines and appliances from previously prepared parts.

Boiler works (repair and servicing).

Commercial recreation areas.

Construction contractors open storage of construction materials or equipment.

Drive-in restaurants.

Drive-in theaters.

Dwellings: single-family, two-family and multi-family.

Feed and seed processing and cleaning for retail purposes.

Grain elevators.

Heliports.

Machine shops.

Planned unit development.

Public utilities service installations.

Stadiums.

Woodworking shops.

M-1 Light Industrial:

Chemical and allied products manufacture.

Dwellings: single-family, two-family and multi-family.

Eating and drinking establishments: cocktail lounges, restaurants, bars and taverns.

Heliports.

Oxygen manufacturing and/or storage.

Public utilities service installations.

Railroad yards.

Stadiums.

M-2 Heavy Industrial:

Automobile wrecking yards.

Dwellings: single-family, two-family and multi-family.

Extractive industries.

Feedlots, livestock.

Fertilizer manufacturing.

Garbage and waste incineration.

Garbage, offal and animal reduction or processing.

Heliports.

Landfills, reclamation or sanitary.

Manufacturing: heavy manufacturing not otherwise mentioned.

Meat processing, packing and slaughter.

Public utilities service installations.

Stockyards.

P-I Public Institutions:

Airports.

Automobile, commercial parking enterprises.

Cemeteries.

Commercial recreation areas.

Fairgrounds.

Hatcheries.

Heliports.

Public utilities service installations.

Stadiums.

P-L Public Lands:

Commercial recreation areas.

Fairgrounds.

Zoo, arboretum. (Ord. 1576, 5-1-1989, eff. 6-15-1989)