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FINAL ORDINANCE NO. 08-085
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FINAL ORDINANCE NO. 08-085
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12. The proposed use will not result in the destruction, loss or damage of a natural or scenic <br />feature of major importance. <br />B. Application Requirements. Conditional Use Permit applications shall be submitted to the <br />Director of Planning on such form and accompanied by such information as required by <br />s` �4.1d1.A of this Article and with the submission materials listed in �'l54.1 1.B of this Article. <br />C. Public Hearing Required. The Planning Commission shall hold a public hearing on each <br />complete application for a conditional use permit as provided in 5154.102'. of this Article. After <br />the close of the hearing on a proposed conditional use permit, the City Planning Commission <br />shall consider findings and shall submit the same together with its recommendation to the City <br />Council. <br />D. Final Decision by City Council. The City Council shall make the final decision on a conditional <br />use permit after a public hearing by the Planning Commission. The City Council may approve, <br />approve with conditions or deny the application. <br />E. Conditions. In reviewing applications for conditional use permits, the Planning Commission and <br />Council may attach whatever reasonable conditions they deem necessary to mitigate <br />anticipated adverse impacts associated with these uses, to protect the value of property within <br />the district and to achieve the goals and objectives of the Comprehensive Plan. In determining <br />such conditions, special consideration shall be given to protecting immediately adjacent <br />properties from objectionable views, noise, traffic and other negative characteristics <br />associated with such uses. <br />1. The conditions shall include all specific development standards for such use listed in Article <br />7 of this Chapter. <br />2. If the proposed use is in a flood plain management or shoretand area, the conditions shall <br />include specific standards for such use listed in Chapter 151 (Floodplain Management) and <br />Chapter 152 (Shoreland Management). <br />3. In addition, conditions may include, but are not limited to, the following: <br />a. Controlling the number, area, bulk, height and location of such uses; <br />b. Regulating ingress and egress to the property and the proposed structures thereon with <br />particular references to vehicle and pedestrian safety and convenience, traffic flow <br />.and control and access in case of fire or other catastrophe; <br />c. Regulating off-street parking and loading areas where required; <br />d. Controlling the location, availability and compatibility of utilities; <br />e. Requiring berming, fencing, screening, landscaping or other means to protect nearby <br />property; and <br />f. Requiring other conditions to create compatibility of appearance with surrounding <br />uses. <br />F. Findings for Denial. If the Planning Commission recommends denial of a conditional use permit <br />or the Council orders such denial, it shall include in its recommendation or determination <br />findings as to the specific ways in which the proposed use does not comply with one or more <br />specific findings required by this chapter. <br />G. Permittee. A conditional use permit shall be issued for a particular use and not for a particular <br />person, except in the case of a permit granted for the uses of land reclamation, mining or soil <br />or mineral processing. In such cases, a permit shall be issued to the particular person making <br />application for such permit and such permit shall not be transferred or assigned for use by <br />another without the written consent of the city. However, such consent by the city shall not be <br />unreasonably withheld. <br />H. Periodic Review. A periodic review of the use may be attached as a condition of approval of a <br />conditional use permit. <br />1. Term of Permit. Unless otherwise stipulated, the term shall be the life of the use. <br />E3 <br />
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