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2009-01-28 Agenda Packet CC
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2009-01-28 Agenda Packet CC
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<br />conditional use. <br /> <br />(2) A Conditional Use Permit shall be granted only if evidence is presented to <br />establish: <br /> <br />(a) That the proposed building or use at the particular location requested is <br />necessary or desirable to provide a service or a facility which is in the interest of the <br />public convenience and will contribute to the general welfare of the neighborhood or city; <br /> <br />(b) That the proposed building or use will not have a substantial or undue <br />adverse effect upon adjacent property, the character of the neighborhood, traffic <br />conditions, utility facilities and other matters affecting the public health, safety and <br />general welfare; and <br /> <br />(c) That the proposed building or use will be designed, arranged and <br />operated so as to permit the development and use of neighboring property in accordance <br />with the applicable district regulations. - <br /> <br />(3) The Council may impose such conditions upon the premises benefited by a <br />conditional use as may be necessary to prevent or minimize injurious effects therefrom <br />upon other property in the neighborhood. Violation of such conditions and safeguards <br />shall be a violation of this Chapter. <br /> <br />(C) Procedure. <br /> <br />(1) An application for a Conditional Use Permit shall be submitted in triplicate <br />to the Zoning Administrator. The Planning Commission or the Council may require any <br />additional information they deem necessary before a hearing is held. In the Flood Plain <br />Districts, the application shall also follow the requirements of Chapter 155, Flood <br />Damage Prevention. <br /> <br />(2) A public hearing shall be set, noticed and conducted by the Planning <br />Commission in accordance with this Chapter. The Commissioner of Natural Resources <br />shall be given at least ten days' notice of hearing of all applications for conditional uses <br />in the Flood Plain Districts. <br /> <br />(3) Within 30 days after the conclusion of the public hearing, the Planning <br />Commission shall transmit to the Council a written report containing its <br />recommendations concerning the proposed conditional use. Such report shall be <br />accompanied by fmdings of fact specifying the reasons for the recommendation. In <br />considering conditional use applications in the Flood Plain Districts, the Planning <br />Commission shall consider all requirements of this Chapter together with Chapter 155, <br />Flood Damage Prevention. <br /> <br />(4) The Council shall, within 30 days of the receipt of the report of the Planning <br />Commission, grant or deny the conditional use or refer the matter back to the Planning <br /> <br />67 <br />
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