(A) Applicability. The purpose of a conditional use permit is to permit a use that would not be appropriate generally, but may be allowed within a certain zoning district with appropriate restrictions to mitigate the impact of the proposed use.
(B) Pre-application meeting. A pre-application meeting pursuant to § 151.06.11(C) Pre-Application Meetings is required prior to submitting a conditional use permit application.
(C) Submittal. The application for a conditional use permit shall be filed pursuant to § 151.06.11(D) Application Materials and Fees.
(D) Review process.
(1) Application distributed. The Zoning Administrator shall review the application and plans and refer them to city staff and other applicable agencies for review.
(2) Public hearing.
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(a) The Planning Commission shall hold a public hearing in accordance with § 151.06.11(G) Public Hearing.
(b) The applicant or a representative thereof should appear before the Planning Commission in order to answer questions concerning the proposed conditional use.
(3) Decision.
(a) Following the public hearing, the Planning Commission shall recommend approval, conditional approval, or denial of the conditional use permit and shall transmit the conditional use permit application along with its recommendations to the City Council.
(b) The Planning Commission may hold the matter in abeyance if there is inadequate information.
(c) Upon receiving a recommendation from the Planning Commission, the City Council shall review and approve, approve conditionally, or deny the conditional use permit application. The City Council may remand the conditional use request back to the Planning Commission for further consideration once during the review process.
(d) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(e) The Planning Commission may recommend, and the City Council may impose, conditions in the granting of conditional use permits to promote the public health, safety, and general welfare of the community, which may include, but are not limited to, the following conditions:
1. Special setbacks or yard requirements;
2. Increased screening or landscaping requirements;
3. Standards pertaining to traffic, parking, circulation, noise, lighting, emissions, signage, and hours of operation;
4. Provision of stormwater management and erosion and sediment control;
5. Protections for environmentally sensitive areas;
6. Dedication or reservation of land; or
7. Development agreement.
(f) Following the decision by the City Council, the Zoning Administrator shall notify the applicant of the Council’s action and reasons thereof.
(E) Criteria for review.
(1) In considering the conditional use permit application, the Planning Commission and City Council shall consider the following factors:
(a) Consistency with the city’s Comprehensive Plan;
(b) Compatibility with the character of the surrounding area;
(c) The consistency of site and civil plans prepared by or under the direction of an architect, civil engineer, and/or landscape architect with the regulations, intent and purpose of the City Code;
(d) The availability and design capacities of existing or proposed utilities and roadways;
(e) Whether the use will place an undue financial burden on the city; and
(f) Consistency with any use specific standards identified in this chapter.
(2) In addition to the standards for conditional uses in
subsection
(E)(1) of this section, the following standards must be used for reviewing conditional uses located in the Shoreland Overlay District as listed in § 151.03.29 Administration and Enforcement:
(a) A thorough evaluation of the topographic, vegetation and soils conditions on the site to ensure:
1. Prevention of soil erosion or other possible pollution of public waters, both during and after construction;
2. Limiting visibility of structures and other facilities as viewed from public waters; and
3. Adequacy of the site for water supply and on-site sewage treatment.
(b) An assessment of the types, uses and numbers of watercraft that the development or use will generate in relation to the suitability of public waters to safely accommodate these watercraft.
(c) The city may impose conditions when granting conditional use permits that specify increased setbacks from public waters; vegetation allowed to be removed or required to be established; sewage treatment system location; design; the use's location and design; and use requirements for watercraft launching or docking, and for vehicular parking, structure or other facility design, use and location; phasing of construction; and other conditions considered necessary.
(F) Effect of decision.
(1) Security.
(a) Upon approval of a conditional use permit, the city may require a surety bond, cash escrow, certificate of deposit, securities or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. The security shall guarantee conformance and compliance with the conditions of the conditional use permit and the ordinances of the city.
(b) The security shall be in the amount of the Council’s estimated costs of labor and materials for the proposed improvements or development. The project can be handled in stages upon the discretion of the Council.
(c) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the conditional use permit and ordinances of the city has been issued by the Zoning Administrator.
(d) Failure to comply with the conditions of the conditional use permit and/or the ordinances of the city shall result in forfeiture of the security.
(2) Whenever, within one year after granting a conditional use permit, the use as permitted by the permit has not been commenced, the permit shall become null and void unless a petition for extension shall be requested in writing and filed with the Zoning Administrator or City Administrator at least 30 days before the expiration of the conditional use permit for a recommendation and to the Council for a decision. The extension shall be allowed only once for a singular action.
(Ord. 20220120-01, passed 1-20-22)