Current through August 30, 2024
(a) Subject to sec.
110 of this chapter, a conditional use permit may be approved by the director.
The conditions under which the use is permitted will be specified and will be
those conditions that will enable an otherwise nonconforming use to be
compatible with the existing zoning of the area.
(b) A petition for a conditional use permit
must be submitted to the director in writing, together with the following
information:
(1) the name and address of the
owner and petitioner and, if the petitioner is not the owner, a statement that
he has the permission of the owner to petition and act as agent for the
owner;
(2) a legal description of
the subject land;
(3) a site plan
showing proposed development of the site, including topography, building or
structure locations, usable open space, utilities, landscaped area, and
drainage features;
(4) a
description of the precise nature of the proposed use, and measures proposed to
make the use compatible with other properties in the vicinity;
(5) additional materials the director may
prescribe.
(c) In acting
on a conditional use permit petition, the director shall consider the following
factors with respect to the proposed use:
(1)
relationship and impact of the proposed use on the land in the
vicinity;
(2) effect upon traffic,
access, removal of snow from roads, utilities and other facilities;
(3) effect upon the character of the area in
which the proposed use is to be located, including scale and bulk of the
proposed use in relation to surrounding uses; and
(4) other factors and criteria the director
considers necessary.
(d)
The director shall render a decision after complying with sec. 110 of this
chapter and shall make the following findings:
(1) that the proposed location of the use is
in accordance with the purposes of this chapter and the purposes of the
district in which the site is located;
(2) that the proposed location of the use and
the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity;
(3) that the proposed use will comply with
each of the applicable provisions of this chapter and any other applicable
state and federal laws and regulations.
Authority:AS
38.05.020
AS 38.05.037
AS 38.08.080
AS
38.08.110
