KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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KETCHIKAN GATEWAY BOROUGH CODE 18.155.030Chapter 18.155CONDITIONAL USESSections:18.155.010 Purpose.18.155.020 Standards.18.155.030 Restrictions and conditions.18.155.040 Issuance or denial of conditional use permit – Findings of fact.18.155.050 Application for a conditional use permit.18.155.060 Public hearing and determination.18.155.070 Public hearing – Notification and publication.18.155.080 Revocation and cancellation of permit.18.155.090 Appeals to board of adjustment.18.155.100 Recording.18.155.110 Duration of conditional use permit.O.B.A. – This chapter cited in 73-4.18.155.010 Purpose.A conditional use permit, issued hereunder, is a device which gives flexibility to the zoning ordinance in a uniformand controlled manner. It permits inclusion, in zones where it is permitted by the zoning ordinance (of which thischapter is part), of uses which are basically desirable to the community, but where the nature of the use will notpermit its location at every location in the said zones without restrictions and conditions designed to fit the specialproblems which the use presents. A conditional use permit allows a landowner to put his property to a use whichthe zoning ordinance expressly permits: It does not allow a landowner to use his property in a manner forbidden bythe zoning ordinance. [Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No.358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No.279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74.Code 1974 §60.10.110(A); Code 1969 §49.15.210.]18.155.020 Standards.As express conditions precedent to the granting of any conditional use permit, a majority of the planning commissionmembers (not merely a majority of the members present), after a public hearing, must find in writing that:(a)(b)(c)(d)The requested conditional use is reasonably necessary for the public health, safety, and general welfare; andThe requested conditional use will not permanently or substantially injure the lawful use of neighboring uses;andThe requested conditional use will generally be in harmony with the comprehensive plan; andThe requested conditional use is a conditional use expressly permitted by the zoning ordinance in the zone inwhich the conditional use permit is requested. [Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord.No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79;Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(B); Code 1969 §49.15.210.]18.155.030 Restrictions and conditions.In granting a conditional use permit, the planning commission may, in order to assure compliance with the foregoingstandards:(a)Require and attach to the conditional use permit conditions which are more restrictive and in excess of thedimensional standards for the zone in which the conditional use is proposed;18-107
18.155.040 CONDITIONAL USES(b)(c)Require and attach to the conditional use permit time limits for some or all conditions of the conditional usepermit;Require and attach to the conditional use permit conditions which include, among other things, setbackrequirements in excess of those elsewhere required, suitable landscaping, adequate and lawful water and sewagefacilities, adequate and lawful parking, adequate and lawful curb cuts and traffic movement, and other conditionswhich will uphold the spirit and intent of the zoning ordinance, the comprehensive plan, and theharmony and beneficial use of neighboring uses. The planning commission may also require an agreement andperformance bond to insure compliance with said restrictions and conditions. [Ord. No. 1607, §19, 10-3-11;Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(C); Code 1969§49.15.210.]18.155.040 Issuance or denial of conditional use permit – Findings of fact.In passing upon an application for a conditional use permit, the planning commission shall, after notice and hearingas hereinafter provided, from the evidence presented to it, make written findings of fact in a formal resolution ofthe planning commission, which findings of fact support the standards set forth above (in the case where a conditionaluse permit is granted) or which findings of fact show that the said evidence does not support the said standards(in the case where a conditional use permit is not granted). Such resolutions shall be permanently retained by theplanning commission. [Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No.358, §3, 4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No.279, §3, 12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74.Code 1974 §60.10.110(D); Code 1969 §49.15.210.]18.155.050 Application for a conditional use permit.(a) An application for a conditional use permit shall be made upon a form approved by the planning commissionand shall state the conditional use requested and the proposed means whereby the above-described standardsmay be met and complied with. The planning commission may require, as a part of said application, a specificdetailed site plan as well as additional drawings and other information necessary to illustrate the impact of theproposed conditional use. When the planning director has determined that the said application meets therequirements of this chapter, he shall forward the completed application to the planning commission for itsdetermination, and in any event he should do so within ten (10) days.(b) Fee. Application fees for conditional use permits shall be as provided for in KGBC 2.105.030. [Ord. No. 1607,§19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3, 4-7-80; Ord. No. 327,§§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3, 12-9-77; Ord. No.201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974 §60.10.110(E);Code 1969 §49.15.210.]18.155.060 Public hearing and determination.After the planning director has duly forwarded the completed application to the planning commission, the planningcommission shall study it and shall, within thirty (30) days after the receipt of said application, hold a public hearingwhereat it may receive evidence pertinent to the granting or denial of said application according to the standards setforth in KGBC 18.155.020. If, at the said hearing, the planning commission determines that it needs additionalinformation, it may recess said hearing for a period of not more than thirty (30) days, during which time it shallprocure or receive such additional information; provided, however, that before it so recesses, it must then and thereannounce the time and place at which the hearing will be resumed. Within thirty (30) days after the completion ofthe said hearing, the planning commission shall, in a formal written resolution of the commission, either grant ordeny the application, and the planning commission shall make its findings of fact a part thereof in the manner providedabove. [Ord. No. 1607, §19, 10-3-11; Ord. No. 792, §4, 6-3-91; Ord. No. 671, §6, 12-5-88; Ord. No. 358, §3,4-7-80; Ord. No. 327, §§1, 5, 6, 3-19-79; Ord. No. 326, §6, 2-20-79; Ord. No. 284, §2, 2-21-78; Ord. No. 279, §3,12-9-77; Ord. No. 201, §§1, 2, 8-4-75; Ord. No. 171, §§1, 2, 9-16-74; Ord. No. 149A, §§1, 2, 2-19-74. Code 1974§60.10.110(F); Code 1969 §49.15.210.]18-108
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KETCHIKAN GATEWAY BOROUGHPLANNING C
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3ACKNOWLEDGMENTSThis work has been
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Upon roll call the vote on the MOTI
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K E T C H I K A N G A T E W A Y B O
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K E T C H I K A N G A T E W A Y B O
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Part I.GENERAL INFORMATIONMeeting D
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that exceeds one story in height, b
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B. APPLICATION
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Option B - exceeds height, but not
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C. MAPS
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Owner_Name Address CITY STATEZIPBER
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PLANNING COMMISSION DOCKETMeeting D
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TABLE OF CONTENTSPrefaceTable of Re
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KETCHIKAN GATEWAY BOROUGH CODE 17.0
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KETCHIKAN GATEWAY BOROUGH PLANNING COMMISSION ...

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