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Page 3 These requirements will be included as contingencies of approval because they are changeable factors and will need to be verified upon construction. 3. Applicable Codes Relating to this request. Title XV Land Usage, Chapter 155 Zoning Code, Section 152.29 DYNAMIC DISPLAYS (C) Conditionally Permitted Signs states that Dynamic Displays may be conditionally permitted “as free‐standing ground signs with the issuance of a Conditional Use Permit from the City Council in the C‐ Commercial District. Dynamic Display Signs are further required to “comply with the height, size, arrangement, set back, location, and other applicable provisions of this Chapter and the district in which the sign is located.” Further specifications and requirements for Dynamic Displays are laid out in Section 155.29, parts D – Q. Title XV Land Usage, Chapter 155 Zoning Code, Section 155.30 DISTRICT SCHEDULES (B.1) which states that in Commercial districts 1 ground sign is permitted subject to the provisions of § 155.01 on the property to which the sign pertains, with the exception of a Dynamic Display Sign, which requires the issuance of a Conditional Use Permit (CUP). Additionally, Title XV Land Usage, Chapter 152 Zoning Code, Section § 155.27 GROUND SIGNS (F)(2) states signs must be located at least 15 feet from curb line of any public street and cannot be placed within any street right‐of‐way or government easement. 4. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The property at 3249 Stinson Blvd is zoned C‐Commercial. The Commercial District permits signs as per the stipulations of the sign ordinance (§155). Within §155, Dynamic Display signs are conditionally permitted solely as free‐standing ground signs with the issuance of a Conditional Use Permit from the City Council in the C‐Commercial District. Criterion met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions are introduced in this report and are included in the draft resolution for consideration. Criterion met. Conditions include: a) Receipt of a variance for setback from back of curb. b) Applicant will conform to all of the sign operation requirements of the Dynamic Display ordinance. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity are a mix of single and double residential homes as well as commercial. The sign will be visible from either direction on Stinson Boulevard; it will also be visible from the intersection on 33rd Avenue NE. The placement of the sign in perpendicular fashion to the residents along Stinson Blvd, minimizes the exposure of neighboring residents to the sign’s dynamic and illumination display. Criterion met. 37