§ 12.26  CONDITIONAL USES.
   Subd. 1.   Authority. The Board of Adjustment and Appeals (the Board) shall hear and decide applications for conditional uses permissible under this chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Board for consideration.
   Subd. 2.   Hearings. Upon filing with the Board of Adjustment and Appeals an application for a conditional use permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.
   Subd. 3.   Decisions.
      A.   The Board of Adjustment and Appeals shall arrive at a decision on a conditional use within 30 days.
      B.   In granting a conditional use permit the Board shall prescribe appropriate conditions and safeguards, in addition to those specified in Subd. 7 below, which are in conformity with the purposes of this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter punishable under § 12.99. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action. The notice may be sent by electronic mail or U.S. mail to the respective DNR Area Hydroligist.
   Subd. 4.   Procedures to be followed by the Board of Adjustment and Appeals in passing on conditional use permit applications within all flood plain districts.
      A.   Require the applicant to furnish such of the following information and additional information as deemed necessary by the Board for determining the suitability of the particular site for the proposed use:
         1.   Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and
         2.   Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
      B.   Transmit one copy of the information described above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters.
      C.   Based upon the technical evaluation of the designated engineer or expert, the Board shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
   Subd. 5.   Factors upon which the decision of the Board of Adjustment and Appeals shall be based. In passing upon conditional use applications, the Board shall consider all relevant factors specified in other provisions of this section and:
      A.   The danger to life and property due to increased flood heights or velocities caused by encroachments;
      B.   The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures;
      C.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
      D.   The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
      E.   The importance of the services provided by the proposed facility to the community;
      F.   The requirements of the facility for a waterfront location;
      G.   The availability of alternative locations not subject to flooding for the proposed use;
      H.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
      I.   The relationship of the proposed use to the comprehensive plan and flood plain management program for the area;
      J.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
      K.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
      L.   Such other factors which are relevant to the purposes of this chapter.
   Subd. 6.   Time for acting on application. The Board of Adjustment and Appeals shall act on an application in the manner described above within 30 days from receiving the application, except that where additional information is required pursuant to Subd. 4 above, the Board shall render a written decision within 30 days from the receipt of the additional information.
   Subd. 7.   Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the Board shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to the following:
      A.   Modification of waste treatment and water supply facilities;
      B.   Limitations on period of use, occupancy and operation;
      C.   Imposition of operational controls, sureties and deed restrictions;
      D.   Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and
      E.   Flood-proofing measures, in accordance with the current adopted State Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(`80 Code, § 12.26) (Ord. 602, passed 8-19-13) Penalty, see § 12.99