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6/28/2011 3:48:35 PM
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Ordinance 2011-008
General - Type
Ordinance 2011-008
Category
Ordinance 2011-008
Date
6/27/2011
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Ordinance 2011 -008 <br />E. Public Hearing. A public hearing is required. <br />F. Action to Approve. Three affirmative votes of the City council are <br />required to approve a conditional use permit and the action of the City <br />Council must include a determination that the facts and circumstances of <br />the particular case warrant the granting of the permit. The Council shall <br />consider the factual findings, conclusions and recommendations of the <br />Planning Commission, as contained in its report, and both shall consider <br />the effect of the proposed use upon the health, safety, convenience and <br />general welfare of the owners and occupants of surrounding land, in <br />particular, and the community as a whole, in general, including but not <br />limited to the following factors: existing and anticipated traffic and <br />parking conditions; noise, glare, odors, vibration, smoke, dust, air <br />pollution, heat, liquid or solid waste, and other nuisance characteristics; <br />drainage; population density; visual and land use compatibility with uses <br />and structures on surrounding land; adjoining land values; park <br />dedications where applicable, and the orderly development of the <br />neighborhood and the city within the general purpose and intent of this <br />Zoning Code and the Comprehensive Plan for the City. <br />G. Imposition of Conditions. In the granting of a conditional use permit, <br />the City Council may impose such conditions, in addition to the general <br />conditions and requirements of this Code to which every conditional use <br />permit shall be subject, as it deems necessary to serve and protect the <br />health, safety, convenience and general welfare of the community. Such <br />conditions may include, among other things, a time limit within which the <br />conditional use or a portion thereof, or improvements in connection <br />therewith are to be established, constructed, completed or commenced, <br />and a requirement that the person or firm to whom the conditional use <br />permit has been granted deposit with the City either cash or a performance <br />bond in a sum equal to one hundred twenty five (125 %) percent of the <br />estimated cost, as determined by the City Engineer, of improvements to be <br />constructed in accordance with the permit to insure completion thereof <br />within the time limit specified in the permit. The conditions so imposed <br />by the City Council shall be specifically stated in the permit and maybe <br />subject to periodic review as determined by the City Council. The <br />violation of any special or general condition set forth in a conditional use <br />permit shall constitute a violation of this Code. <br />H. Permit for Particular Site. A conditional use permit is granted for a <br />specific use at a specific site, not for a person or firm. <br />I. Designated Uses. Uses for which conditional use permits are required <br />and the zoning districts in which they are allowed are designated in the <br />land use chart as set forth in Section 1320 hereof. No building permit <br />shall be issued for any use in a zoning district which requires the issuance <br />Page 5 of 13 <br />
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