Conditional uses require a conditional use permit based upon procedures set forth in, and regulated by, chapter 4 of this title and the following provisions:
A. Determining Suitability: The zoning administrator shall require the applicant to furnish such of the following information and additional information as deemed necessary by the city council 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, floodproofing measures and the relationship of the above to the location of the stream channel; and
2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
B. Evaluation: The city engineer shall evaluate 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 to determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
C. Supplementary Considerations: In acting upon the conditional use application, the city council shall consider all relevant factors specified in subsection 11-4-3E of this title in addition to:
1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
2. 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.
3. The water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the community.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
12. Such other factors which are relevant to the purposes of this chapter.
D. Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the city council may attach such conditions to the granting of conditional use permits, as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
1. Modification of waste treatment and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
5. Floodproofing measures, in accordance with the state building code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
E. Notice: The commissioner of natural resources shall be given at minimum ten (10) days' notice of the required public hearing and shall be advised in writing of decisions made concerning any conditional use within ten (10) days of the final decision. (Ord. 883, 9-19-2011)