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. Conditional uses may also be used in Transitional Districts as specified in chapter 10 of this title. (Ord. 203, 12-9-1983)

No structure or land may be used for any purpose in any district where such use is not a permitted use, unless such use is listed as a conditional use and approval for that use is obtained through the proper procedure. Conditional use permits shall be granted only by the City Council (with a recommendation from the Zoning and Planning Board) when their findings are that:

   A.   The use conforms to the objectives of the Master Plan and the intent of this title; and

   B.   Such use will not adversely affect nearby properties or their occupants; and

   C.   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 title; and

   D.   Public hearings have been held, after the required legal notices have been given and the public has been given a chance to be heard upon the matter. (Ord. 203, 12-9-1983)

   A.   Filing Fees: All applications for conditional use permits shall be filed in the City office accompanied with a filing fee in such amount as set forth in subsection 11-20-2C of this title. (2000 Code)

   B.   Application Requirements:

      1.   General information required for all conditional use applications:

         a.   Name of the project.

         b.   Location of the project by street address.

         c.   Name and mailing address of the project developer and owner of the property.

         d.   Name, mailing address, and email address of the engineer/architect, landscape architect and/or planner, if applicable (determined by zoning official).

         e.   Location map, including area within one-half (1/2) mile of the project site drawn at 1" = 100' scale with north arrow indicator, streets identified and zoning classification within two hundred feet (200') of the project.

      2.   Submittal requirements for day care and assisted living facilities proposed for existing buildings:

         a.   A site plan is required drawn at 1" = 20' scale minimum with the following information:

            (1)   Boundary line of property with dimensions.

            (2)   Adjacent streets and street right-of-way, sidewalks within the right-of-way and alley right-of-ways, and all applicable easements.

            (3)   Sidewalks, driveways, and parking spaces intended to serve the project with all dimensions indicated.

            (4)   Location of existing building and all entrances and exits.

            (5)   Provisions for handicapped accessibility, including but not limited to wheelchair ramps and parking spaces for Americans With Disabilities Act (ADA) compliance.

            (6)   Location of all fences.

            (7)   Location and size of all exterior signs.

         b.   Number of employee and nonemployee parking spaces, existing and proposed, and total square footage of each.

         c.   Site statistics including site square footage, front, side and rear yard setbacks, and percentage of site coverage (building and parking).

         d.   A listing of all required and applicable permits and status of applications.

         e.   If an addition to the existing building or other structures are proposed the following additional information is required:

            (1)   Elevations of all exterior walls of the building(s) or structure(s) drawn at 1" = 10' scale.

            (2)   Height above mean sea level of the elevation of the lowest floor and location of the outfall when the building addition or structure is proposed to be located in a floodway or floodplain area.

         f.   Additional information as required by the zoning official.

      3.   Submittal requirements for home occupations:

         a.   A site plan is required drawn at 1" = 20' scale with the following information:

            (1)   Boundary line of property with dimensions.

            (2)   Adjacent streets and street right-of-way, sidewalks within the right-of-way and alley right-of-ways, and all applicable easements.

            (3)   Sidewalks, driveways, and parking spaces intended to serve the project with all dimensions indicated.

            (4)   Location of existing building and all entrances and exits.

            (5)   Location and size of all exterior signs.

         b.   Number of employee and nonemployee parking spaces, existing and proposed, and total square footage of each.

         c.   Days of week and hours of operation.

         d.   A listing of all required and applicable permits and status of applications.

         e.   If an addition to the existing building or other structures are proposed the following additional information is required:

            (1)   Site plan drawn at 1" = 20' scale with all site statistics including site square footage, front, side and rear yard setbacks and percentage of site coverage (building and parking).

            (2)   Elevations of all exterior walls of the building(s) or structure(s) drawn at 1" = 10' scale.

            (3)   Height above mean sea level of the elevation of the lowest floor and location of the outfall when the building addition or structure is proposed to be located in a floodway or floodplain area.

         f.   Additional information as required by the zoning official.

      4.   Submittal requirements for multi-family dwellings:

         a.   A site plan is required drawn at 1" = 20' scale with the following information:

            (1)   Boundary line of property with dimensions.

            (2)   Topographic contours at a minimum interval of one foot (1').

            (3)   Adjacent streets and street right-of-way, sidewalks within the right-of-way and alley right-of-ways to a distance of one hundred fifty feet (150'), and all applicable easements.

            (4)   Sidewalks, driveways, and parking spaces intended to serve the project with all dimensions indicated.

            (5)   Traffic flow on site.

            (6)   Traffic flow off site.

            (7)   Location of any existing buildings and all entrances and exits.

            (8)   Parking facilities.

            (9)   Exterior refuse collection areas.

            (10)   Surface water holding ponds.

            (11)   Grading and drainage plan.

            (12)   Utilities and utility rights-of-way or easements for electric service, natural gas, telephone, cable TV, water and sewer.

            (13)   Provisions for handicapped accessibility, including but not limited to wheelchair ramps and parking spaces for Americans With Disabilities Act (ADA) compliance.

            (14)   Location and type of all exterior lighting.

            (15)   Location of all fences.

            (16)   Location and size of all exterior signs.

         b.   A detailed landscaping plan drawn at 1" = 10' scale.

         c.   Site statistics including site square footage, front, side and rear yard setbacks, and percentage of site coverage (building and parking).

         d.   For the proposed building(s) and other structures the following information is required:

            (1)   Elevations of all exterior walls of the building(s) or structure(s) drawn at 1" = 10' scale.

            (2)   Two (2) perspectives showing principal views of the project and landscaping at the time of planting.

            (3)   Height above mean sea level of the elevation of the lowest floor and location of the outfall when the building addition or structure is proposed to be located in a floodway or floodplain area.

         e.   Additional information as required by the zoning official. (Ord. 379-2017, 1-23-2018)

   C.   Notice Of Public Hearing:

      1.   The zoning official shall give public notice of a public hearing on the application to be held before the Zoning and Planning Board. Said notice shall contain pertinent information on said application and be published at least once in a newspaper having general circulation in the City. A time limit for the public notice shall be not more than thirty (30) days nor less than ten (10) days prior to the public hearing.

      2.   Said notice of public hearing shall also be made available to all newspapers, radio, and television stations serving the Three Forks area for use as a public service announcement.

      3.   Such notice shall be sent by mail, not more than thirty (30) days nor less than ten (10) days, to the applicant and owners of record (or their legal representative) of the subject property as well as to the owners of record of all parcels within one hundred fifty feet (150') of the perimeter of the subject property. The number of feet occupied by all public roads, streets, alleys, and other public ways, shall be excluded in determining the one hundred fifty foot (150') requirements. (Ord. 253-99, 10-13-1998)

   D.   Zoning And Planning Board Hearing: The hearing on the application shall then be held before the Zoning and Planning Board at the set time to gather needed facts from all interested parties. The Zoning and Planning Board may continue such hearing, if need be, to take additional information.

   E.   Board Recommendation To Council: The Zoning and Planning Board shall cause to be sent to the City Council their recommendation on the application with any and all pertinent facts. The applicant will also be given a copy of the Zoning and Planning Board's recommendation to the City Council at least ten (10) days prior to the City Council hearing.

   F.   Council Hearing: Upon receipt of the Zoning and Planning Board's recommendation, the City Council shall, at the appointed time and place, hold a public hearing on said application at which the Zoning and Planning Board's recommendation shall be read and additional testimony may be taken from interested parties. (Notice for said hearing shall follow procedures as previously set forth.) The City Council shall then either approve or deny the application. If the application is denied, reasons for denial should be given. (Ord. 203, 12-9-1983)

The City Council may make the granting of a conditional use permit subject to reasonable limitations or conditions as it may deem necessary to enhance the appearance of the property, to reduce any adverse effects on nearby property or residences, to preserve the character of the area or to make it more acceptable in other ways. (Ord. 203, 12-9-1983)

Conditional uses are listed in conjunction with zoning district regulations. (Ord. 203, 12-9-1983)