An approved conditional use permit shall be required for each conditional use listed in this title. No building permit or other permit or license shall be issued for a conditional use by any officer or employee of Smithfield City unless a conditional use permit has been approved.

1. General Review Criteria: An applicant for a conditional use permit in any zone must demonstrate each of the following, where applicable:
   1. The application complies with all applicable provisions of this code, chapter, state and federal law;
   2. The structures associated with the use are compatible with surrounding structures in terms of use, scale, and mass;
   3. The use is not detrimental to the public health, safety, and welfare. A use shall be considered detrimental if:
      1. It will cause unreasonable risks to the safety of persons or property because of vehicular traffic or parking, large gatherings of people, or other causes;
      2. It will unreasonably interfere with the lawful use of surrounding property;
   4. The use is consistent with the current Smithfield City general plan;
   5. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated vehicular and pedestrian traffic and will not materially degrade the service level on the adjacent streets;
   6. The internal circulation system of the proposed development is properly designed to allow for the free flow of traffic within the development and between adjacent developments when possible;
   7. Existing or proposed utility services are adequate for the proposed use and are designed in such a way as to not adversely affect adjacent properties;
   8. There is sufficient emergency vehicle access;
   9. Operating and delivery hours are compatible with adjacent land uses;
   10. An acceptable plan is provided for fencing, screening, and landscaping to protect adjacent land uses from adverse noise, light, dust, and visual impacts;
   11. That within the site and adjoining the site, impacts on the aquifer, slope retention, and flood potential have been fully mitigated and the mitigation measures are appropriate to the topography of the site.
       

1. Application: Application for a conditional use permit shall be made at the office of the Smithfield City planning commission on forms provided for that purpose.
2. Development Plan: The applicant for a conditional use permit shall prepare a site development plan of the proposed conditional use which meets the requirements of SMC 17.100 of this title. The city engineer shall review the site development plan for conformance with engineering standards and this title before the application shall be placed on an agenda of the planning commission.
3. Permit Fee: The applicant shall pay the applicable conditional use permit fee as established in the prevailing fee schedule.

Once granted, a conditional use shall not be enlarged, changed, extended, increased in intensity, or relocated unless a new conditional use application is made and approved by the planning commission, except as provided below:

1. Modifications to an approved conditional use permit may only be granted when it can be determined that such changes or modifications are necessary to accommodate special circumstances related to the location, site, or implementation of the approved development and where such modifications are found to be insignificant and minor so as not to measurably change the approved conditional use permit or the intent of conditions that may have been imposed. The request for amendment shall be made in writing and documented on the site plan of the project.

1. The planning commission may take the following actions:
   1. Approve the application as proposed,
   2. Approve the application with conditions,
   3. Continue the application to a subsequent meeting, or
   4. Disapprove the application.
2. Appropriate conditions may be attached to any approval where, and to the extent that, the planning commission finds that the imposition of such conditions will directly mitigate or eliminate some reasonably anticipated impact created by the proposed use in order to protect the integrity of the land use zone and to meet the intent of this chapter.
3. All conditions shall be entered into the minutes of the planning commission and on the conditional use permit.
4. The minutes of the planning commission meeting shall identify the adverse impacts that will be directly mitigated or eliminated by the stipulated conditions.

1. Unless there is substantial action under a conditional use permit within a period of one year from the date of planning commission approval, the permit shall expire. Substantial action shall be demonstrated by submitting final plans for approval and obtaining, and maintaining, a current building permit. If construction is not proposed as an element of the conditional use, a business license shall be obtained to satisfy this requirement.
2. The planning commission may grant an extension for a maximum of six (6) months under exceptional circumstances. A request for extension shall be submitted, in writing, by the applicant prior to expiration of the original one (1) year period. Only one extension shall be granted.
3. If the approved use or activity should cease for any reason for a continuous period of one year or more, the conditional use permit shall automatically terminate without notice. Application for, and approval of, a new conditional use shall be required prior to any subsequent reinstatement of the use.
4. All conditions shall run with the property. In the event the applicant should cease the approved use resulting in another party conducting the activity, no additional application shall be required for continuation of the conditional use. Requested changes to conditional use permits resulting from the transfer of these rights to a new applicant shall be subject to the provisions in SMC 17.32.040, "Amendments Or Modification Of A Conditional Use", of this chapter.

1. A conditional use permit may be revoked upon failure to comply with the conditions imposed at the time of the original approval of the permit. In addition, the renewal of any conditional use permit may be denied at the annual or other periodic renewal time, or at any other time regardless of the issue date of the permit, and any conditional use permit may also be revoked, for good cause. Good cause shall include, but not be limited to, the following, within the discretion of the planning commission: circumstances which are detrimental to or have a negative impact on the health, safety and welfare concerns of the citizens and residents of Smithfield, incompatible zoning or land use, complaints of noise, odor, failure to comply with the conditions imposed at the time the original approval of the permit was given, the creation and existence of a public or private nuisance, failure of the permit holder or his agent or employees to comply with the conditions and requirements of applicable state, county and/or federal laws, rules and regulations, unlawful activities conducted and permitted on the premises for which the conditional use permit was issued and/or other legitimate factors.
2. Prior to the revocation of a conditional use permit or the denial of an application to renew a conditional use permit, the permit holder shall be given a notice which shall state in substance that the planning commission intends to revoke the conditional use permit or deny the application to renew it, together with the reason or reasons therefor, at a regular or special meeting of the planning commission (which shall be at least 10 days and not more than 30 days from the date notice is sent) and the permit holder shall have a right to appear, to be represented by counsel, to hear the evidence against him/her, to cross examine witnesses and to present evidence as to why the permit should not be revoked or the application denied.
3. SMC B of this section shall not apply to original applications for conditional use permits which have not previously been issued or approved by the planning commission, and such applicants need only be informed that their application has been denied and the reasons for such denial.

1. In considering each application for a conditional use permit relating to a kennel and companion animal(s), the planning department, may issue an original conditional use permit if each of the following conditions are satisfied:
   1. The size of the kennel does not exceed four (4) dogs.
   2. The size of lot involved is greater than or equal to ten thousand (10,000) square feet.
2. In considering each application for a conditional use permit relating to a kennel and companion animal(s), the planning department shall proceed as required in this subsection, and in imposing such regulations and conditions as are necessary to protect the public welfare in this regard, the planning department shall consider, among other things, the zone in which the conditional use is proposed, the size of lot involved, the proximity of a proposed fixed dog run to neighbors, the proposed size of the fixed dog run, its placement on the property and the proposed number of dogs. Together with anything else stated in an approved permit, each permit shall clearly state the maximum number of dogs to be allowed.
3. If the application does not meet all of the conditions listed in SMC A of this section, or if the planning department determines there are extenuating circumstances, the application shall be referred to the planning commission for consideration.
4. Conditional use permits for a kennel and companion animal(s) establishment(s) may be issued only if a fixed dog run is provided for the dogs on a lot that is not fenced.
5. In the event the applicant should disagree with the decision rendered by the planning department, the application shall be considered by the planning commission upon written request of the applicant.
6. The planning department may issue renewals of an existing kennel conditional use permit provided there have been no verifiable violations of the existing conditional use permit reported by the animal control officer for excessive noise or containment issues related to the kennel animals.
7. Each permit shall be granted for a maximum of three (3) calendar years and shall be renewed on or before the approval date  of the third year. Renewals must be applied for and granted prior to the renewal date.
8. All kennel and companion animal(s) conditional use permits shall run with the property/parcel number identified on the application and be valid in the name of the applicant only.