The City Council shall hear and decide applications for conditional uses permissible under this chapter. Applications shall be submitted to the Zoning Administrator.
(A) Hearings. Upon filing with the Zoning Administrator 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.
(B) Decisions. In granting a conditional use permit, the City Council shall prescribe the appropriate conditions and safeguards, in addition to those specified in division (F) of this section, which are in conformity with the purposes of this chapter. Violations of the conditions and safeguards, when made a 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.
(C) Procedures to be followed by the City Council in passing on conditional use permit applications within all Floodplain Districts.
(1) Require the applicant to furnish such of the following information and additional information as deemed necessary to the City Council for determining 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, floodproofing measures, and the relationship of the above to the location of the stream channel.
(b) Specifications for building construction and materials, floodproofing, 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)(a) 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.
(3) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(D) Factors upon which the decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this chapter, including the following.
(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 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 any 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 flood waters expected at the site.
(12) Any other factors which are relevant to the purposes of this chapter.
(E) Time for acting on application. The City Council shall act on an application in the manner described above. The City Council shall render a written decision.
(F) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Conditions may include, but are not limited to, the following.
(1) Modification of waste treatment and water supply.
(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.
(Ord. 197, passed 2-26-1990) Penalty, see § 10.99