Lutak City Zoning Code
18.40 Land
Use Permit
18.40.010 General.
As provided in HBC 18.30.010, all uses require an approval pursuant to this title prior to commencement of construction or site development. Chapter 18.70 HBC includes a use chart describing the type of permit needed before initiating a use of land within the townsite service area. All uses indicated as requiring a land use permit on the chart are required to comply with the process in this chapter. Any change of use within an existing structure in any zone shall be reviewed by the manager. A land use permit may be required. (Ord. 19-03-527 § 7)
18.40.020 Burden of proof.
In all applications for a land use permit, the burden shall be on the applicant to prove by a preponderance of the evidence that the development implements all policies of this title.
18.40.030 Procedure – Staff decision.
A. Submission. The developer shall submit one copy of a completed and properly executed permit application, appropriate for the type of proposed development, to the manager. The following information shall be required:
1. Site description, including a complete legal description, street address, dimensions of property and any improvements existing or proposed, zoning and current use of adjacent properties.
2. Proposed development, including existing uses of the property, proposed uses, a time frame for development, and any information regarding phased development.
3. Elevation drawing and site plan, drawn to scale, and including any streets, alleys, pedestrian improvements, driveways, existing buildings and other structures, proposed improvements, shorelines, slopes, other evidence of natural hazards, parking areas, utility connections, landscaping, signs (location, size and wording), and other pertinent data the manager may deem relevant to the permitting process. If documentation of property boundaries is inadequate to ascertain with certainty their location relative to proposed buildings, the manager may require a property survey or partial survey by a registered land surveyor prior to approval. In addition, an as-built drawing completed by a registered land surveyor may be required upon completion of construction. In addition to the print version, an electronic drawing compatible with borough software shall be submitted.
4. The owner of the property shall sign the permit application, providing the owner’s mailing address, e-mail address, date submitted and contact phone number.
5. If a developer, engineer, surveyor or any other agent for the owner will be involved with the project, the names of the parties shall be provided with mailing addresses, e-mail addresses and phone numbers.
6. Fees shall be paid at the time of submission of the application and prior to any staff or commission review.
7. The applicant’s statement regarding compliance with all general and special conditions shall be contained in the final submission of this application.
8. The application shall be completed in a legible manner. Any applications containing illegible information shall be rejected by the manager and returned to the applicant for clarification.
B. Staff Procedure.
1. The manager will determine if the application is complete and correct and if the application meets the submission requirements. If the requirements are not met, the manager shall return the application to the applicant for modification or correction. If the manager fails to act on acceptance of the application within 10 business days, the application shall be considered complete and accepted for review.
2. If the application for a land use permit is complete and accepted, the manager shall determine, within 10 business days, whether the use meets the requirements of this title, the general approval criteria in HBC 18.60.010 and any special conditions for the applicable zone. The manager may place reasonable conditions on the approval to ensure that the use will comply with this title.
3. If the use does not implement all the requirements of this title, the manager shall deny the permit and note which requirements are not implemented and why. The manager shall issue a decision within 10 business days of acceptance of the application.
4. The manager shall mail a copy of the application and the decision to the developer and shall keep a permanent record thereof. The commission shall review all permit decisions at the next regularly scheduled meeting. (Ord. 12-05-291 § 7; Ord. 11-03-259 § 6)
18.40.040 Temporary uses and buildings.
A. A developer proposing a temporary use of land or building which would otherwise require an approval under provisions of this chapter is required to obtain a temporary use permit prior to any site work, except that temporary buildings associated with the construction of an approved use do not require a permit (i.e., tool shed, etc.). The manager may issue an approval under the same procedures as for a land use permit pursuant to HBC 18.40.030 and 18.60.020(H). No building or use requiring a variance shall be permitted under this section.
B. Within five days of the expiration of a temporary use permit, all buildings and other materials associated with the temporary use shall be removed from the site and the site restored to the condition it was in prior to the development of the temporary use.
18.40.010 General.
As provided in HBC 18.30.010, all uses require an approval pursuant to this title prior to commencement of construction or site development. Chapter 18.70 HBC includes a use chart describing the type of permit needed before initiating a use of land within the townsite service area. All uses indicated as requiring a land use permit on the chart are required to comply with the process in this chapter. Any change of use within an existing structure in any zone shall be reviewed by the manager. A land use permit may be required. (Ord. 19-03-527 § 7)
18.40.020 Burden of proof.
In all applications for a land use permit, the burden shall be on the applicant to prove by a preponderance of the evidence that the development implements all policies of this title.
18.40.030 Procedure – Staff decision.
A. Submission. The developer shall submit one copy of a completed and properly executed permit application, appropriate for the type of proposed development, to the manager. The following information shall be required:
1. Site description, including a complete legal description, street address, dimensions of property and any improvements existing or proposed, zoning and current use of adjacent properties.
2. Proposed development, including existing uses of the property, proposed uses, a time frame for development, and any information regarding phased development.
3. Elevation drawing and site plan, drawn to scale, and including any streets, alleys, pedestrian improvements, driveways, existing buildings and other structures, proposed improvements, shorelines, slopes, other evidence of natural hazards, parking areas, utility connections, landscaping, signs (location, size and wording), and other pertinent data the manager may deem relevant to the permitting process. If documentation of property boundaries is inadequate to ascertain with certainty their location relative to proposed buildings, the manager may require a property survey or partial survey by a registered land surveyor prior to approval. In addition, an as-built drawing completed by a registered land surveyor may be required upon completion of construction. In addition to the print version, an electronic drawing compatible with borough software shall be submitted.
4. The owner of the property shall sign the permit application, providing the owner’s mailing address, e-mail address, date submitted and contact phone number.
5. If a developer, engineer, surveyor or any other agent for the owner will be involved with the project, the names of the parties shall be provided with mailing addresses, e-mail addresses and phone numbers.
6. Fees shall be paid at the time of submission of the application and prior to any staff or commission review.
7. The applicant’s statement regarding compliance with all general and special conditions shall be contained in the final submission of this application.
8. The application shall be completed in a legible manner. Any applications containing illegible information shall be rejected by the manager and returned to the applicant for clarification.
B. Staff Procedure.
1. The manager will determine if the application is complete and correct and if the application meets the submission requirements. If the requirements are not met, the manager shall return the application to the applicant for modification or correction. If the manager fails to act on acceptance of the application within 10 business days, the application shall be considered complete and accepted for review.
2. If the application for a land use permit is complete and accepted, the manager shall determine, within 10 business days, whether the use meets the requirements of this title, the general approval criteria in HBC 18.60.010 and any special conditions for the applicable zone. The manager may place reasonable conditions on the approval to ensure that the use will comply with this title.
3. If the use does not implement all the requirements of this title, the manager shall deny the permit and note which requirements are not implemented and why. The manager shall issue a decision within 10 business days of acceptance of the application.
4. The manager shall mail a copy of the application and the decision to the developer and shall keep a permanent record thereof. The commission shall review all permit decisions at the next regularly scheduled meeting. (Ord. 12-05-291 § 7; Ord. 11-03-259 § 6)
18.40.040 Temporary uses and buildings.
A. A developer proposing a temporary use of land or building which would otherwise require an approval under provisions of this chapter is required to obtain a temporary use permit prior to any site work, except that temporary buildings associated with the construction of an approved use do not require a permit (i.e., tool shed, etc.). The manager may issue an approval under the same procedures as for a land use permit pursuant to HBC 18.40.030 and 18.60.020(H). No building or use requiring a variance shall be permitted under this section.
B. Within five days of the expiration of a temporary use permit, all buildings and other materials associated with the temporary use shall be removed from the site and the site restored to the condition it was in prior to the development of the temporary use.