11 AAC 91.100. Conditional use permits

(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.

History: Eff. 5/4/78, Register 66

Authority: AS 38.05.020

AS 38.05.037

AS 38.08.080

AS 38.08.110

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