(A) The City Planning and Zoning Commission shall hear and make recommendations to the City Council concerning applications for conditional uses permissible under this chapter. Applications shall be submitted to the Zoning Administrator, who shall forward the application to the Planning and Zoning Commission for consideration.
(B) Upon filing with the Planning and Zoning commission 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 the proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.
(C) The Planning and Zoning Commission shall arrive at a decision on a conditional use within 30 days, and forward their recommendation to the City Council. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in division (G) below, which are in conformity with the purposes of this chapter. Violations of these conditions and safeguards, when made part of the terms under which the conditional use permit is granted, shall be deemed a violation of this chapter. 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.
(D) Procedures to be followed by the Planning and Zoning Commission in passing on conditional use permit applications within all flood plain districts are as follows:
(1) The applicant shall be required to furnish the following information and additional information deemed necessary by the Planning and Zoning Commission for determining the suitability of the particular site for the proposed use:
(a) Plans in duplicate 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) One copy of the information described in subsection (1) above is to be transmitted to a designated engineer or other expert person or agency for technical assistance, where necessary, in elevating 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.
(3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(4) In passing upon conditional use applications, the Planning and Zoning Commission shall consider all relevant factors specified in other sections of this chapter, 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 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) Any other factors which are relevant to the purposes of this chapter.
(E) The Planning and Zoning Commission shall act in the manner described above within 30 days from receiving the application, except that where additional information is required pursuant to this chapter. The Planning and Zoning Commission shall render a written decision within 30 days from the receipt of the additional information.
(F) Upon consideration of the factors listed above and the purpose of this chapter, the Planning and Zoning Commission shall attach any 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:
(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; and
(5) Flood proofing 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 flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(Ord. 148, passed 2-6-95) Penalty, see § 10.99