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NS-0989
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Last modified
1/3/2012 1:05:24 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-989
Date
11/17/1969
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(c) <br /> <br />That the proposed use will comply with the <br />regulations and conditions specified in this <br />Chapter for such use; and <br /> <br />(d) That granting of this Conditional Use will not <br /> adversely affect the General Plan of the city. <br /> <br />(2) <br /> <br />Variances from and Minor Exceptions to the Zoning <br />Provisions of the Municipal Code when it appears <br />that all of the following have been established: <br /> <br />(a) <br /> <br />That because of special circumstances applicable <br />to the subject property, including size, shape, <br />topography, location or surroundings, the strict <br />application of the Zoning Ordinance is found to <br />deprive the subject property of privileges not <br />otherwise at variance with the intent and purpose <br />of the provisions of this Chapter. <br /> <br />(b) <br /> <br />That the granting of a Variance or Minor <br />Exception is necessary for the preservation <br />and enjoyment of one or more substantial prop- <br />erty rights. <br /> <br />(c) <br /> <br />That the granting of a Variance or Minor Exception <br />will not be materially detrimental to the public <br />welfare or injurious to surrounding property. <br /> <br />(d) <br /> <br />That the granting of a Variance or Minor Exception <br />will not adversely affect the General Plan of the <br />City. <br /> <br />(b) <br /> <br />In granting any Conditional Use Permit, Variance or <br />Minor Exception, the Zoning Administrator, Planning <br />Commission or Council may impose such conditions as are <br />deemed necessary and desirable to protect the public <br />health, safety or welfare in accordance with the purpose <br />and intent of this Article. <br /> <br />Section 9250.9. Planning Commission to Make Finding of Fact. <br /> <br /> In granting or denying a Variance, Conditional Use Permit or <br />Minor Exception, the Planning Commission shall make a written <br />finding which shall specify all facts relied upon by said Com- <br />mission in rendering its decision and in attaching conditions <br />and safeguards. A copy of the decision of the Planning Com- <br />mission, together with the written Finding of Fact, shall be <br />filed with the Clerk of the Council, with the City Planning <br />Department, and mailed to the applicant. All decisions of the <br />Planning Commission may be reviewed by the City Council as set <br />forth in Section 9250.11. <br /> <br />Section 9250.10. Zoning Administrator to Make Finding of Fact. <br /> Referral to Planning Commission for Hearing. <br /> <br /> In granting or denying a Conditional Use Permit, Variance or <br />Minor Exception, when authority to so act has been authorized <br />in the manner prescribed in Section 9250, paragraph (b) of <br />this Part, the Zoning Administrator shall make a written finding <br />which shall specify all facts relied upon in rendering his <br />decision and in attaching conditions and safeguards. A copy <br />of the decision together with the written Finding of Fact shall <br />be filed with the Clerk of the Council, with the Planning Com- <br />mission, with the City Planning Department, and mailed to the <br />applicant.' All decisions of the Zoning Administrator on appli- <br />cations for Conditional Use Permits and Variances shall be <br />reviewed by the Planning Commission. All decisions of the Zoning <br />Administrator on applications for Minor Exceptions shall be final <br />and need not be reviewed by the Planning Commission. <br /> <br />-4- <br /> <br /> <br />
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