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3165 North Shore Drive - 09-117-23-33-0002
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13-3624 CUP
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8/21/2025 2:00:22 PM
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• • <br /> Sec. 78-916. -Granting of permit. <br /> (a) The planning commission may recommend and the council may grant a conditional use <br /> permit as the use permit was applied for or in modified form. On the basis of the application <br /> and the evidence submitted, the city must find that the proposed use at the proposed <br /> location is or will be: <br /> (1) Consistent with the community management plan; <br /> (2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V, division 3 of the City Code; <br /> (3) Adequately served by police, fire, roads, and stormwater management; <br /> (4) Provided with an adequate water supply and sewage disposal system; <br /> (5) Not expected to generate excessive demand for public services at public cost; <br /> (6) Compatible with the surrounding area as the area is used both presently and as it is <br /> planned to be used in the future; <br /> (7) Consistent with the character of the surrounding area, unless a change of character is <br /> called for in the community management plan; <br /> (8) Compatible with the character of buildings and site improvements in the surrounding <br /> area, unless a change of character is called for in the community management plan; <br /> (9) Not expected to substantially impair the use and enjoyment of the property in the area <br /> or have a materially adverse impact on the property values in the area when compared <br /> to the impairment or impact of generally permitted uses; <br /> (10)Provided with screening and buffering adequate to mitigate undesirable views and <br /> activities likely to disturb surrounding uses; <br /> (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, <br /> dust, electrical interference, general unsightliness, or other means; <br /> (12) Not cause excessive non-residential traffic on residential streets, parking needs that <br /> cause a demonstrable inconvenience to adjoining properties, traffic congestion, or <br /> unsafe access; <br /> (13)Designed to take into account the natural, scenic, and historic features of the area and <br /> to minimize environmental impact; <br /> (14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public <br /> right-of-way or neighboring residential uses or districts; and <br /> (15) Not detrimental to the public health, public safety, or general welfare. <br /> (b) A conditional use permit may be granted subject to such conditions as the council may <br /> prescribe. <br /> (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city <br /> council are observed, but nothing in this section shall prevent the city from enacting or <br /> amending official controls to change the status of conditional uses. <br /> (d) A certified copy of any conditional use permit shall be filed with the county recorder or <br /> registrar of titles. The conditional use permit shall include the legal description of the <br /> property included. <br />
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