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Bellamy and Smith CUP Page 5 B. Conditional Use Permit The keeping of horses is a permitted use in the Agricultural zoning district. A CUP is required only because of the number of horses being kept on the property. The Planning Commission must review the application for a conditional use permit with the standards provided in Section 90-37 of the City Code. Staff used these standards to review the application and found that the request meets all applicable standards as follows: (1) The proposed use is permissible bylaw. The ordinance allows double the amount of animal units, with a CUP and approval of a facilities and waste management plan. (2) The proposed use is in keeping with the spirit and intent of this chapter. The spirit and intent of the Livestock ordinance is to allow animals on properties in the Agricultural and Rural Residential zoning district based on the number of acres of a property. The property is zoned Agricultural and meets the acreage requirements to allow livestock. The ordinance allows up to double the animal unit density by CUP subject to an approved facility management and waste -handling plan. The applicant has applied for CUP and has submitted a facility and waste management plan that is acceptable to the staff. It is in staff's opinion that that the use meets the spirit and intent of the ordinance. (3) The proposed use is compatible with the city's comprehensive plan, and the character of the surrounding area. The Comprehensive Plan guides this property as Agricultural and anticipates agricultural activities to occur in this area. The plan cites existing land uses and states that agriculture remains a major land use in the City, such as commercial farms, horse boarding, and hobby farms. The purpose of the agricultural district is to provide an area for the use of land for agricultural purposes. The character of the area is comprised of large parcels of land, either vacant, occupying a single family home and accessory buildings, or occupied with various agricultural uses. The applicant is requesting 14 horses to be allowed on the property. The property has a home, accessory buildings, and horses. The proposed use is compatible with the comprehensive plan and is within the character of the area. (4) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. The PCA has issued the property owner a letter stating the property complies with State regulations. With the condition to re -direct drainage on the property, the property will have adequate drainage.