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2017.06.20 Planning
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2017.06.20 Planning
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501492v1 SJS NE136-8 <br />assessor's market value, permission for such work must be obtained from the City Council pursuant to <br />Section 8-460 in the case of a Type 4 Nonconformity, and the nonconforming status of the building <br />shall terminate as to a Type 2 Nonconformity. <br /> <br />Sec. 8-500 thru 8-690 reserved 6/10/03. <br /> <br />Sec. 8-700. Permitted Use Determination, Purpose. <br /> <br />The provisions of this Code listing permitted uses cannot reasonably include all possible uses of the <br />same or similar nature and character. To limit permitted uses to those which are specifically set forth <br />in the code would be unduly restrictive, and to require an amendment to the code to allow uses which <br />are essentially the same as those listed in their impact on the community would be unnecessarily <br />burdensome. However, to serve the purposes of the zoning code and protect the public health, safety <br />and welfare and general convenience of the community, the code must be so interpreted, enforced and <br />administrated as to assure compatible and complimentary land uses. The procedures and criteria set <br />forth in sections 8-700 through 8-720, therefore, are enacted to meet these objectives. <br /> <br />Sec. 8-710. Permitted Use Determination, Procedure. <br /> <br />The procedure and voting requirements for determining whether a proposed use is permitted pursuant <br />to sections 5-010(4), 5-120(G), 5-220(11),5-340(3) and 5-420(2) shall be the same as that specified <br />for consideration of special use permits in section 8-120. The determination of the council shall be <br />set forth in a resolution which includes findings addressing the criteria set forth in section 8-720. The <br />resolution shall specify and describe the proposed use in whatever detail is deemed necessary by the <br />council to define the nature and characteristics of the use to which the findings relate. No change, <br />alteration, extension or expansion of the use described in the resolution may be made without first <br />securing from the council a new determination in accordance with sections 8-700 through 8-720. <br /> <br />Sec. 8-720. Permitted Use Determination, Criteria. <br /> <br />(1) The council shall not approve a proposed use as a permitted use unless it finds that all of the <br />following criteria are met: <br />A. The proposed use is consistent with the city’s comprehensive plan. <br />B. The proposed use is not listed as a special use in the district. <br />C. The proposed use meets the criteria set forth in section 8-130. <br />D. The proposed use is not a residential use. <br />E. The proposed use is suitable for any property in the district. <br />F. The proposed use is consistent with any general description in the code of the nature of <br />uses for which the district is intended. <br />G. The proposed use is compatible with and complimentary to other permitted uses in the <br />district. <br />H. The proposed use is so similar in its nature and characteristics with respect to general <br />zoning purposes that it is deemed in all practical respects to be the same as a listed <br />permitted use. <br />I. The proposed use will not have a detrimental effect on the economic viability of other <br />permitted uses in the district.
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