Ordinance No. 131 Consolidated Land Use Ordinance - Updated January 2025

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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 82 5. Conditional and Interim Use Permits. 1. Purpose and Intent. The City Council may, by resolution, grant Conditional or Interim Use Permits for the uses and purposes described elsewhere in this Ordinance as Conditional or Interim Uses and may, in the granting of such Conditional or Interim Use Permits, impose conditions and safeguards which promote the guidelines set forth in the Comprehensive Municipal Plan and which are in harmony with the general purpose and intent of this Ordinance. 2. Application. An application for a Conditional or Interim Use permit shall be made on a form provided by the City. If the Conditional or Interim Use Permit is to be considered in association with any other building permits, variances, or subdivision, all related applications shall be submitted simultaneously with the Conditional or Interim Use Permit application so as to represent the full intent of the applicant. The application(s) shall be accompanied by a fee payable to the City in an aggregate amount as established i n the City’s fee schedule. The application(s) shall state fully all facts relied upon by the applicant and shall be supplemented by such maps, plans, or additional data for consideration of the application as required and communicated by the Zoning Adminis trator. An application will be considered complete on the date the application(s), fee(s), and all supplemental materials requested have been received by the Zoning Administrator. As required by law, the City shall act on the application within the period prescribed unless said required period is extended or waived. 1. When reviewing Conditional and Interim Use Permit applications, except those for residential building height, impact on the following criteria shall be reviewed and measured by the Planning Commission and City Council: 1. Adjacent Uses; and 2. Air and Water Quality; and 3. Traffic Generations; and 4. Public Safety and Health; and 5. Area Aesthetics; and 6. Economic Impact on the Entire Area; and 7. Consistency with the Comprehensive Municipal Plan; and 8. Anticipated Duration of the Conditional or Interim Use. 2. Residential Building Heights. When reviewing Conditional Use Permit applications which deal exclusively with residential building heights, the matter shall be forwarded to the Gem Lake Plan Review Commission who shall, in a timely manner, review all such applications in accordance wit h criteria established and, from time to time, modified, by the Plan Review Commission. Upon completion of the review, the Plan Review Commission shall forward the application along with its written recommendation to the City Council for consideration and approval or denial at its next regular meeting. No review by the Planning Commission as required i n Section 17.5.3 or Public Hearing as required in Section 17.5.4 shall be required for this Conditional Use unless specifically ordered by the City Council. In all such matters, the City Council shall be considered the Board of Appeals. 3. Referral to Planning Commission. The matter along with all related information shall be referred to the Planning Commission which shall review the application(s) and hear the applicant or representative thereof at its first regular meeting following receipt of complete application(s). To insure preservation or health, safety, and general welfare of the public, the Planning Commission shall have authority to request additional information from the applicant concerning the application or to retain expert testimony with the consent and at the expense of the applicant concerning the application. The Planning Commission shall review the matter determining the effect of the proposed Conditional or Interim Use on: the Comprehensive Municipal Plan; the character and development of the neighborhood and Zoning District; conformance with the Performance Standards and other provisions of this Ordinance; compliance with other applicable law, regulations, and provisions which may affect the Conditional or Interim Use. 4. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning Commission or the City Council to receive public comment on the matter. Notice of the public hearing shall be