§ 21.18.081. Conditional use permit.

A.

Intent. The intent of this section is to allow special uses and structures which may be compatible with KPB 21.18.071 in the habitat protection district through the approval of a conditional use, if certain standards and conditions exist.

B.

Conditional uses and structures. The following conditional uses and structures may be approved in the habitat protection district:

1.

Fish-cleaning stations;

2.

Fences;

3.

Signs;

4.

Public owned facilities, parks, campgrounds, and their related uses and structures;

5.

Transportation and utility infrastructure;

6.

Structures compliant with the Americans With Disabilities Act and elevated light penetrating structures not meeting the standards of KPB 21.18.071;

7.

Wells and waterlines;

8.

Lifts.

9.

Private boat launches and related facilities that are established to serve the public provided the following standards are met:

a.

A plan of operation is submitted that includes hours of operation, seasons of operation, daily boat launch capacity, parking plan, types of boats and clients to be served, fees charged, location of other public boat launches on the anadromous waters; ancillary facilities including but not limited to restrooms, storage sheds, waiting platforms or areas, a statement of need that the facility will serve, and other information requested to aid in the determination of habitat protection measures.

b.

The boat launch must be open to the public and not have exclusive membership.

c.

When no longer serving the public as defined in the plan of operation the boat launch must be removed and the area reclaimed, revegetated or otherwise subject to mitigation measures to restore habitat. A reclamation plan must be submitted with the application as part of the plan of operation.

d.

The planning commission may establish additional conditions to protect and preserve the purposes of the habitat protection district.

e.

A conditional use permit under this subsection expires two years after being granted, unless an application for renewal meeting the criteria of KPB 21.18.081(B)(9)(a) is approved by the planning commission which demonstrates that the applicant is in compliance with the original permit conditions and the provisions of this chapter.

10.

A principal structure or an addition to a principal structure may be approved within the habitat protection district provided all the following standards are met:

a.

The parcel boundaries were defined prior to January 1, 2012.

b.

The parcel and is served by a public sewer system or sewage holding tank or septic system, provided the holding tank or septic system are located entirely outside the habitat protection district.

c.

The parcel has an area of .3 acres or less and less than 4,000 square feet of total developed impervious coverage.

d.

The parcel has less than 4,000 square feet of suitable development area outside the habitat protection district.

e.

On the portion of the parcel within the habitat protection district, the total impervious coverage may not exceed 50% of the area able to sustain native vegetation, or 3,000 square feet of area able to sustain native vegetation, whichever is less.

f.

The standard for development is to first utilize suitable parcel areas outside the habitat protection district. Within the habitat protection district, it is preferred to minimize impact by preserving the nearshore areas which may sustain native vegetation.

11.

Water dependent lakeshore related uses or structures specified in KPB 21.18.081(B)(11)(b) may be permitted within the habitat protection district.

a.

In addition to meeting the general standards set forth in KPB 21.18.081(D) the permit shall be subject to the following conditions:

1.

Vegetation removal does not exceed the minimum required for the use or structure, and does not exceed 25 percent of the total parcel lakeshore frontage. For purposes of this section frontage means the horizontal distance between side lot lines along ordinary high water.

2.

Fifty (50) feet of native vegetative habitat buffer upland of the disturbed area or a mitigation plan consistent with KPB 21.18.091 approved by the planning commission.

3.

The planning commission may place additional conditions on the permit to protect and preserve the habitat protection district consistent with KPB 21.18.081(E).

b.

The following uses or structures may be permitted in the anadromous habitat protection district if consistent with the criteria set forth in KPB 21.18.081(B)(11)(a):

1.

Watercraft landings

2.

Floatplane landings and haul-outs. Floatplane landings and haul outs may also be used as water craft landings and haul outs.

12.

Boat launches restricted to private use may be permitted on anadromous lakes that have no public boat launch if the application meets the general standards set forth in KPB 21.18.081(D). The permit shall be subject to the following conditions:

a.

Properties may not qualify for both a lakeshore activity or structure under KPB 21.18.081(B)(11) and a private use boat launch under this KPB 21.18.081(B)(12).

b.

The launch approach may not exceed 12 feet in width.

c.

Erosion and sediment control measures must be specified in the permit application and implemented both during construction and operation.

d.

The launch is used solely for the purpose of launching a boat. Vehicle parking and other uses that may have a detrimental impact on the habitat protection district are not allowed.

e.

The planning commission may place additional conditions on the permit to preserve and protect the habitat protection district consistent with KPB 21.18.081(E).

C.

Application procedure. A person seeking a conditional use permit must make application to the river center on a form provided by the river center and receive approval prior to commencement of the project. The application shall provide information describing the proposed use or structure and demonstrate that the use or structure meets the general standards for a conditional use permit. The planning commission may approve, deny, or conditionally approve an application for a conditional use permit. The planning commission has no obligation to ascertain whether special conditions can be developed or imposed unless the applicant has submitted adequate information to demonstrate that the proposed methods or conditions will mitigate the impacts of the use or structure within the habitat protection district.

D.

General standards. All of the following standards shall be met before conditional use approval may be granted.

1.

The use or structure will not cause significant erosion, sedimentation, damage to the habitat protection district, an increase in ground or surface water pollution, and damage to riparian wetlands and riparian ecosystems;

2.

Granting of the conditional use shall be consistent with the purposes of this chapter, the borough comprehensive plan, other applicable chapters of the borough code, and other applicable planning documents adopted by the borough;

3.

The development of the use or structure shall not physically damage the adjoining property;

4.

The proposed use or structure is water-dependent.

5.

Applicant or owner's compliance with other borough permits and ordinance requirements.

E.

Conditions attached to conditional uses and structures. In granting a conditional use permit, the planning commission may establish such conditions on the development, use, or operation of the use or structure for which the conditional use permit is granted as it determines necessary to prevent significant erosion, sedimentation, damage within the habitat protection district, or result in or increase ground or surface water pollution. Such conditions may include specifications for type of vegetative shore cover, location of structures and uses, periods of operation, type of construction, and mitigation. Violation of any of these conditions shall be deemed a violation of this ordinance. To secure information upon which to base its determination, the planning commission may require the applicant to furnish the following information:

1.

A plan of the area showing surface contours, ordinary high water or mean high water marks, vegetative cover, slope measurements, soil conditions, wetlands, and drainages;

2.

Location of buildings, parking areas, access, walkways, and other manmade features on the landscape;

3.

Other pertinent information necessary to determine if the proposed use meets the requirements of this ordinance.

F.

If the planning commission denies a conditional use permit, a similar application for a conditional use permit may not be made within two years from the date of the denial unless there has been a substantial change in circumstances affecting the application.

G.

Applicants for a conditional use permit are responsible for abiding by all other federal, state, and local laws, regulations, and permitting requirements applicable to the project.

H.

The construction or installation phase of a use requiring a conditional use permit must be completed within one calendar year from the date of the permit's issuance, or the conditional use permit shall expire unless the planning commission finds that more time is necessary to effectuate the purposes of this chapter, in which case the commission may extend the deadline for a maximum of six years from the date of issuance. The planning commission shall adopt findings consistent with the purposes of this chapter to support the issuance of a permit, or an extension thereof, totaling more than two years from the date of issuance. Prior to its expiration date, a conditional use permit issued for up to one year may be extended for up to twelve (12) months by the director of planning upon written request.

( Ord. No. 2013-18, § 12—14, 7-2-13 ; Ord. No. 2012-37, § 6, 10-9-12; Ord. No. 2012-06, § 2, 5-15-12; Ord. No. 2010-21, § 5, 6-8-10)