Chapter 20.68
CONDITIONAL USE PERMITS

Sections:

20.68.010    Purpose of provisions – Regulations generally.

20.68.020    Conditions of approval.

20.68.030    Application.

20.68.035    Fees – After-the-fact applications.

20.68.040    Site plan request.

20.68.050    Investigation and report to commission.

20.68.060    Hearing and notices.

20.68.070    Public inspection of application.

20.68.080    Commission decision.

20.68.090    Issuance of permit – Conditions and revocation.

20.68.100    Expiration of permit.

20.68.010 Purpose of provisions – Regulations generally.

A. There are some uses which, because of their potential impact on neighboring properties or because of their public service nature, should receive commission review in each case. In this manner, detailed consideration can be given to factors affecting the suitability of the proposed location. These conditional uses are specified within Chapters 20.16 through 20.51 WMC.

B. The commission shall permit these uses if, in addition to meeting the off-street parking regulations, development requirements and all other requirements of this title, the conditions set forth in this chapter are met. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.010.]

20.68.020 Conditions of approval.

A. When the appearance, traffic generated, noise, or other characteristics of the use would have an adverse affect upon neighboring properties, additional yards, site area, uncleared buffer strips, fences, hedges or other safeguards shall be provided by the conditional use in a manner which is sufficient to prevent any such adverse effect.

B. Provisions for sewage disposal and water service shall be acceptable to all applicable health regulations.

C. Exits and entrances and off-street parking for the conditional use shall be located to prevent traffic hazards or congestion on public streets.

D. In addition to the conditions of subsections (A) through (C) of this section, schools, governmental and civic buildings and other public uses shall meet the following condition: The proposed location of the use and the size and character of the site shall facilitate maximum benefit and service to the public. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.020.]

20.68.030 Application.

A written application shall be filed with the planning and zoning commission through the zoning administrator. This application shall state the nature of the request and the means whereby the proposed use meets the conditions stated in the pertinent section of this title. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.035 Fees – After-the-fact applications.

A. All conditional use permit applications must be accompanied by a $50.00 application fee unless a higher after-the-fact application fee is required.

B. After-the-fact conditional use permit applications must be accompanied by a $150.00 application fee unless:

1. The applicant did not own the property prior to:

a. November 1, 2006, in the case of a lot located within the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation; or

b. May 30, 2008, in the case of a lot located outside the boundaries of the former City of Wrangell, as those boundaries existed immediately prior to borough formation;

2. The violation existed prior to the applicant owning the property;

3. The violation was not disclosed to the applicant at the time the applicant acquired ownership; and

4. An application is submitted within 60 days of the applicant receiving notice or otherwise becoming aware of the violation.

C. “After-the-fact” means an application for a conditional use permit which is received by the borough after the use for which the permit is required has commenced. [Ord. 867 § 1, 2013; Ord. 833 § 53, 2009; Ord. 788 § 1, 2006.]

20.68.040 Site plan request.

Where necessary to determine compliance with the listed conditions, the zoning administrator shall request a specific and detailed site plan. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.050 Investigation and report to commission.

The zoning administrator shall investigate and report to the commission on the extent to which the use requested meets the conditions stated in this title. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.060 Hearing and notices.

The commission shall set a date for and hold a public hearing upon each properly submitted application. Such hearing shall be held not later than 60 days following the date of filing of such application. At least 10 days before the hearing a public notice specifying the subject, time and place of the hearing shall be posted at City Hall. In addition, at least 10 days’ notice of the time and place of the hearing shall be mailed to the applicant and to all property owners within 300 feet of the property involved. Hearing notices shall be mailed at least 20 days prior to a hearing for applications within the RMU district. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.070 Public inspection of application.

From the time of filing such application until the time of such hearing, the application, together with all plans and data submitted, shall be available for public inspection in the office of the zoning administrator. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.080 Commission decision.

Within 30 days after the hearing the commission shall grant or reject the request for a conditional use permit. The commission’s decision shall be based on the compliance of the request with the conditions listed in this title. The decision of the commission and the reasons shall be entered in the records of the commission and shall be available to the public. The zoning administrator shall give the applicant written notice, by prepaid certified U.S. mail or hand delivery, of the decision of the commission. The notice shall inform the applicant that the applicant has 15 days from the date of the decision of the commission to file a notice of appeal with the borough clerk sitting as the clerk for the board of adjustment pursuant to the provisions of Chapter 20.80 WMC. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.090 Issuance of permit – Conditions and revocation.

A. In granting a conditional use permit, the commission shall state the conditions required.

B. Any conditional use permit may be modified or revoked or cancelled by the planning commission for failure to comply with the conditions of the conditional use permit. The permit holder may initiate proceedings to modify the permit. The party initiating the modification or revocation or cancellation bears the burden of proof at the hearing of the planning commission.

1. The planning commission shall give the owner of the property subject to the conditional use permit 20 days’ written notice, by prepaid certified U.S. mail or hand delivery, in advance of the date of hearing prior to any action revoking the permit. The notice shall state the subject, date, time and place of the hearing. The notice is complete upon mailing.

2. At least 10 days before the hearing a public notice specifying the subject, time and place of the hearing shall be posted to the public. In addition, at least 10 days’ notice of the time and place of the hearing shall be mailed to all property owners within 300 feet of the property involved. Hearing notices shall be mailed at least 20 days prior to a hearing for permit hearings within the RMU district.

3. The permit holder may present evidence and cross-examine witnesses at the hearing. After the planning commission has concluded the hearing, the commission shall make written findings of fact within 30 days from the evidence at the hearing as to whether the permit holder has complied with the conditions of the permit. The findings of the commission shall be embodied in a formal written resolution of the commission as part of its records.

4. The zoning administrator shall give the owner of the property subject to the conditional use permit written notice, by prepaid certified U.S. mail or hand delivery, of the decision of the commission. The notice shall inform the applicant that the applicant has 15 days from the date of the resolution of the commission to file a notice of appeal with the borough clerk sitting as the clerk for the board of adjustment pursuant to the provisions of Chapter 20.80 WMC.

5. Upon revocation of the permit, further use of the property for which the permit had been granted shall constitute a violation of this title and shall be punishable accordingly. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.60.030.]

20.68.100 Expiration of permit.

Any conditional use permit approved by the commission shall expire unless the privilege granted is utilized within one year after the granting of the conditional use permit. [Ord. 867 § 1, 2013; Ord. 788 § 2, 2006; Ord. 219 § 5, 1969; prior code § 95.60.030.]