Lutak City Zoning Code
18.50 Conditional
Use
18.50.010 Purpose.
Conditional uses are intended to address uses and issues of community-wide importance and are therefore subject to a broader public process and higher standards than approvals by the manager. The conditional use process is intended to afford the commission and the community the flexibility necessary to make development approvals that are appropriate to specific sites, uses, designs and situations. The commission may attach conditions of approval to ensure compliance with adopted borough plans and both the general and specific approval criteria of this title.
18.50.020 Approval required.
All conditional uses must receive approval by the commission prior to commencement. In all applications for approval, the burden of proof shall be on the developer to prove, by a preponderance of the evidence, that the criteria set forth in this title are met. The uses eligible for approval by the commission as a conditional use are listed in HBC 12.08.110(D)(2), 18.70.030(B)(3)(e), (B)(4)(e), (C)(3)(e), (C)(4)(e), and (D)(5), the use chart in HBC 18.70.040, and HBC 18.80.030(B), building separation. (Ord. 11-03-259 § 5)
18.50.030 Application.
A. Pre-Application Conference. Prior to submission of an application, the developer shall meet with the manager for the purpose of discussing the site, the proposed development and the conditional use permit procedure. The manager shall discuss these matters with the developer with special attention to policies and approval criteria that may pose problems or constraints on the site or the proposed development activity and policies or approval criteria that may create opportunities for the developer.
B. Contents. The application shall contain all the information as required in HBC 18.40.030(A)(1) through (8) for land use permits.
C. Submission. The developer shall submit one copy of a completed and properly executed conditional use permit application with associated maps, architectural renderings, engineering drawings and diagrams, and the permit fee, to the manager.
D. Manager’s Review Procedure.
1. The manager shall determine whether the application is complete and accurately reflects the developer’s intentions. The manager shall advise the applicant whether or not the application is acceptable, or if it is not, what corrective action may be taken.
2. After accepting the application, the manager shall schedule a hearing before the commission and shall give notice to the developer and the public in accordance with the public notice provisions of HBC 18.30.020.
3. The manager shall forward the application to the commission together with a report setting forth the manager’s recommendation for action, with or without proposed conditions, and the reasons therefor.
4. Copies of the application or the relevant portions thereof shall be transmitted to designated referral agencies. Such referral agencies shall be indicated on a list maintained by the manager and may vary depending on the location of the site and the type of use proposed. Referral agencies shall be notified of the date of the public hearing and asked to submit any comments prior to the public hearing. (Ord. 12-05-291 § 8)
18.50.040 Decision.
The commission shall hold a public hearing on the conditional use permit application. The commission may adopt the manager’s recommendation on each requirement unless it finds, by a preponderance of the evidence, that the manager’s recommendation was in error and states its reasoning for such finding with particularity. In addition, for good cause, the commission may alter the conditions on approval or requirements for guarantees recommended by the manager.
A. Before a conditional use permit is approved, the commission must find that each of the following requirements is met:
1. The use is so located on the site as to avoid undue noise and other nuisances and dangers;
2. The development of the use is such that the value of the adjoining property will not be significantly impaired;
3. The size and scale of the use is such that existing public services and facilities are adequate to serve the proposed use;
4. The specific development scheme of the use is consistent and in harmony with the comprehensive plan and surrounding land uses;
5. The granting of the conditional use will not be harmful to the public safety, health or welfare;
6. The use will not significantly cause erosion, ground or surface water contamination or significant adverse alteration of fish habitat on any parcel adjacent to state-identified anadromous streams;
7. The use will comply with all required conditions and specifications if located where proposed and developed, and operated according to the plan as submitted and approved;
8. Comments received from property owners impacted by the proposed development have been considered and given their due weight.
If the commission finds that the development implements all relevant requirements of this title, it shall issue a conditional use permit and the conditions and requirements shall be part of the approved permit. If the development does not implement all relevant requirements, or the commission otherwise determines the development is not in compliance with this title, the commission shall deny the permit and note with particularity its reasons for the decision.
B. The commission may alter the manager’s proposed permit conditions, impose its own, or both. Conditions may include one or more of the following:
1. Development Schedule. The conditions may place a reasonable time limit on construction activity associated with the development, or any portion thereof, to minimize construction-related disruption to traffic and neighbors, to ensure that lots are not sold prior to substantial completion of required public improvements, or to implement other requirements.
2. Use. The conditions may restrict the use of the development to specific uses indicated in the approval.
3. Owner’s Association. The conditions may require that if a developer, homeowner or merchant association is necessary or desirable to hold or maintain common property, that it be created prior to occupancy.
4. Dedications. The conditions may require conveyances of title, licenses, easements or other property interests to the public, to public utilities, or to the homeowners association. The conditions may require construction of public utilities or improvements to public standards and then dedication of public facilities to serve the development and the public.
5. Construction Guarantees. The conditions may require the posting of a bond or other surety or collateral (which may provide for partial releases) to ensure satisfactory completion of all improvements required by the commission.
6. Commitment Letter. The conditions may require a letter from a utility company or public agency legally committing it to serve the development if such service is required by the commission.
7. Covenants. The conditions may require the recording of covenants or other instruments satisfactory to the borough as necessary to ensure permit compliance by future owners or occupants.
8. Design. The conditions may require the adoption of design standards specific to the use and site.
18.50.010 Purpose.
Conditional uses are intended to address uses and issues of community-wide importance and are therefore subject to a broader public process and higher standards than approvals by the manager. The conditional use process is intended to afford the commission and the community the flexibility necessary to make development approvals that are appropriate to specific sites, uses, designs and situations. The commission may attach conditions of approval to ensure compliance with adopted borough plans and both the general and specific approval criteria of this title.
18.50.020 Approval required.
All conditional uses must receive approval by the commission prior to commencement. In all applications for approval, the burden of proof shall be on the developer to prove, by a preponderance of the evidence, that the criteria set forth in this title are met. The uses eligible for approval by the commission as a conditional use are listed in HBC 12.08.110(D)(2), 18.70.030(B)(3)(e), (B)(4)(e), (C)(3)(e), (C)(4)(e), and (D)(5), the use chart in HBC 18.70.040, and HBC 18.80.030(B), building separation. (Ord. 11-03-259 § 5)
18.50.030 Application.
A. Pre-Application Conference. Prior to submission of an application, the developer shall meet with the manager for the purpose of discussing the site, the proposed development and the conditional use permit procedure. The manager shall discuss these matters with the developer with special attention to policies and approval criteria that may pose problems or constraints on the site or the proposed development activity and policies or approval criteria that may create opportunities for the developer.
B. Contents. The application shall contain all the information as required in HBC 18.40.030(A)(1) through (8) for land use permits.
C. Submission. The developer shall submit one copy of a completed and properly executed conditional use permit application with associated maps, architectural renderings, engineering drawings and diagrams, and the permit fee, to the manager.
D. Manager’s Review Procedure.
1. The manager shall determine whether the application is complete and accurately reflects the developer’s intentions. The manager shall advise the applicant whether or not the application is acceptable, or if it is not, what corrective action may be taken.
2. After accepting the application, the manager shall schedule a hearing before the commission and shall give notice to the developer and the public in accordance with the public notice provisions of HBC 18.30.020.
3. The manager shall forward the application to the commission together with a report setting forth the manager’s recommendation for action, with or without proposed conditions, and the reasons therefor.
4. Copies of the application or the relevant portions thereof shall be transmitted to designated referral agencies. Such referral agencies shall be indicated on a list maintained by the manager and may vary depending on the location of the site and the type of use proposed. Referral agencies shall be notified of the date of the public hearing and asked to submit any comments prior to the public hearing. (Ord. 12-05-291 § 8)
18.50.040 Decision.
The commission shall hold a public hearing on the conditional use permit application. The commission may adopt the manager’s recommendation on each requirement unless it finds, by a preponderance of the evidence, that the manager’s recommendation was in error and states its reasoning for such finding with particularity. In addition, for good cause, the commission may alter the conditions on approval or requirements for guarantees recommended by the manager.
A. Before a conditional use permit is approved, the commission must find that each of the following requirements is met:
1. The use is so located on the site as to avoid undue noise and other nuisances and dangers;
2. The development of the use is such that the value of the adjoining property will not be significantly impaired;
3. The size and scale of the use is such that existing public services and facilities are adequate to serve the proposed use;
4. The specific development scheme of the use is consistent and in harmony with the comprehensive plan and surrounding land uses;
5. The granting of the conditional use will not be harmful to the public safety, health or welfare;
6. The use will not significantly cause erosion, ground or surface water contamination or significant adverse alteration of fish habitat on any parcel adjacent to state-identified anadromous streams;
7. The use will comply with all required conditions and specifications if located where proposed and developed, and operated according to the plan as submitted and approved;
8. Comments received from property owners impacted by the proposed development have been considered and given their due weight.
If the commission finds that the development implements all relevant requirements of this title, it shall issue a conditional use permit and the conditions and requirements shall be part of the approved permit. If the development does not implement all relevant requirements, or the commission otherwise determines the development is not in compliance with this title, the commission shall deny the permit and note with particularity its reasons for the decision.
B. The commission may alter the manager’s proposed permit conditions, impose its own, or both. Conditions may include one or more of the following:
1. Development Schedule. The conditions may place a reasonable time limit on construction activity associated with the development, or any portion thereof, to minimize construction-related disruption to traffic and neighbors, to ensure that lots are not sold prior to substantial completion of required public improvements, or to implement other requirements.
2. Use. The conditions may restrict the use of the development to specific uses indicated in the approval.
3. Owner’s Association. The conditions may require that if a developer, homeowner or merchant association is necessary or desirable to hold or maintain common property, that it be created prior to occupancy.
4. Dedications. The conditions may require conveyances of title, licenses, easements or other property interests to the public, to public utilities, or to the homeowners association. The conditions may require construction of public utilities or improvements to public standards and then dedication of public facilities to serve the development and the public.
5. Construction Guarantees. The conditions may require the posting of a bond or other surety or collateral (which may provide for partial releases) to ensure satisfactory completion of all improvements required by the commission.
6. Commitment Letter. The conditions may require a letter from a utility company or public agency legally committing it to serve the development if such service is required by the commission.
7. Covenants. The conditions may require the recording of covenants or other instruments satisfactory to the borough as necessary to ensure permit compliance by future owners or occupants.
8. Design. The conditions may require the adoption of design standards specific to the use and site.