(A) Application for conditional use. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 150.036 of the Zoning Code.
(B) Factors used in decision-making. The Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter and the following factors in granting and imposing conditions on conditional uses:
(1) The potential 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;
(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
(5) The importance of the services to be provided by the proposed use to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(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 Land Use Plan and flood plain 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 flood waters expected at the site.
(C) Conditions attached to conditional use permits. In addition to the standards identified in §§ 152.043 and 152.053, the Planning Commission and 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) Limitations on period of use, occupancy, and operation.
(2) Imposition of operational controls, sureties, and deed restrictions.
(3) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(D) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(E) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(Ord. 481, passed 2-16-2021)