The City Council shall hear and decide applications for conditional uses permits permissible under this chapter. Applicants or property owners shall submit applications for conditional use permits to the city’s Community Development Department. City staff will then forward the application to the Planning Commission for consideration. After taking action on the request, the Planning Commission shall refer the application to the City Council for a decision.
(A) Hearings. Upon receiving an application for a conditional use permit, the city shall submit to the Commissioner of the Department of Natural Resources by mail a copy of the application for proposed conditional use permit at least ten days before the city holds the public hearing.
(B) Decisions. The City Council shall arrive at a decision on a conditional use permit within the time limits as set by state law. In granting a conditional use permit, the City Council shall prescribe conditions and safeguards, in addition to those specified in division (F) below, that are consistent with the purposes of this chapter and of those in the city code. The city shall deem violations of such conditions and safeguards, when made a part of the terms that the city grants the conditional use permit, a violation of this chapter punishable under the provisions listed in § 154.060 of this chapter. The city shall forward by mail a copy of all decisions granting conditional use permits to the Commissioner of Department of Natural Resources within ten days of the action.
(C) Procedures. The following is a listing of the procedures that the city shall follow when considering conditional use permit applications in all Floodplain Districts.
(1) The applicant shall furnish the following information and any additional information as the city or city staff deems necessary for the City Council to determine the suitability of the particular site for the proposed use:
(a) 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
(b) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
(2) Transmit one copy of the information described in division (C)(1) 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. The applicant or responsible party shall be responsible for all the costs of this review.
(3) Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(D) Relevant factors. When reviewing applications and making decisions about conditional use permits, the Planning Commission and the City Council shall consider all relevant factors specified in this chapter, and:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments in the floodplain, floodway or channel;
(2) The danger that water or flooding may sweep materials onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures;
(3) The proposed 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 the damage on the individual owner;
(5) The importance of the services that proposed facility would provide to the city;
(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 near future;
(9) The relationship of the proposed use to the city’s Comprehensive Plan and floodplain management program for the area;
(10) The safety and availability of vehicle access to the property in times of flood for non-emergency and for emergency vehicles;
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
(12) Such other factors that the city decides are relevant to the purposes of this chapter and of those in the city code.
(E) Time for acting on application. The City Council shall act on an application in the manner described above within 60 days from receiving the application; except that, where additional information is required pursuant to the provisions listed in division (D)(3) above and as allowed by state law. The city shall provide the applicant a written decision about the need for additional information within the time limits specified by state law.
(F) Conditions attached to conditional use permits. Upon considering the factors listed above and the purpose of this chapter, the City Council may attach conditions as a part of the approval of conditional use permit as it deems necessary to fulfill the purposes of this chapter and of those listed in the city code. Such conditions may include, but are not limited to, the following:
(1) Modification of waste disposal and 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; and
(5) Flood-proofing measures that meet the requirements of the state’s 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.
(Prior Code, § 1301.10)