(A) Approval; conditional approval. Within 60 days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the applications presented. If the application is approved, or approved with modifications, the Commission shall direct the Administrator or Chairperson to issue a Mountain Overlay Site Alteration Permit listing the specific conditions specified by the Commission for approval.
(B) Criteria. The Commission shall determine the following before approval is given:
(1) The project does not jeopardize the health, safety or welfare of the public.
(2) The project conforms to all applicable standards and criteria as set forth in this chapter, this title, and any other standards as adopted or amended by the City of Wallace from time to time.
(C) Conditions. The Commission may impose any condition deemed necessary to ensure the health, safety, or welfare of the public is not jeopardized. The Commission may also condition approval of a project with subsequent review and/or approval by the administrator or planning commission. All conditions of approval must cite the appropriate standard for imposing such condition. Conditions which may be attached include, but are not limited to, those which will:
(1) Ensure compliance with applicable standards.
(2) Require conformity to approved plans and specifications.
(3) Require security for compliance with the terms of the approval, including monetary security in the form of a bond to be posted in an amount sufficient to cover anticipated costs of remedying non-compliance.
(4) Minimize adverse impact on other development.
(5) Control the sequence, timing and duration of development and ongoing maintenance.
(6) Require more restrictive standards than those generally found in this Code.
(7) Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including districts, providing services within the planning jurisdiction.
(D) Studies. Prior to granting a Mountain Overlay Site Alteration Permit, studies may be required of the social, fiscal, and environmental effects of the proposed special use.
(E) Specifications on granting or denying. Upon granting or denying an application the Commission shall specify:
(1) The standards used in evaluating the application; and
(2) The reasons for approval or denial; and
(3) The actions, if any, that the applicant could take to obtain a permit.
(Ord. 2022-06, passed 10-12-2022)