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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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safeguards, and shall fully set forth wherein the facts and <br />circumstances fulfill or fail to fulfill the requirements set <br />forth in this Chapter. A copy of the resolution together with <br />the written finding of facts shall be filed with the Clerk of <br />the Council, 'in the City Planning Department; one copy thereof <br />shall be sent to the applicant. The decision of the Council <br />shall be ~nal. <br /> <br />Section 9251. Failure to Utilize Conditional Use Permits, <br /> Variances, or Minor Exceptions. <br /> A Conditional Use Permit, Variance, or Minor Exception <br />approved in accordance with the procedures and considerations <br />as provided in this Part, shall automatically become void after <br />two (2) years from the effective date of such approval when the <br />owner fails to institute an action to erect, build, alter, move, <br />or maintain the use of the property as specified in the terms <br />and conditions of the Conditional Use Permit, Variance, or <br />Minor Exception; however, at the initial hearing the Planning <br />Commission or Zoning Administrator may provide, by appropriate <br />condition of approval, for extensions of time beyond the two <br />(2) year period. <br /> Acceptable action shall be considered to be actual construc- <br />tion, alteration, repairs, and use of structures and land. <br />Preparation of plans, financial negotiations, estate settlements, <br />or change of property owners are not considered sufficient evi- <br />dence of an action. <br /> <br />Section 9252. Status of Approved Conditional Use Permits, <br /> Variances or Minor Exceptions. <br /> Any Variance granted prior to July 18, 1957, upon which an <br />acceptable action has not been instituted as defined in Section <br />9251, shall, on the effective date of this Chapter, become null <br />and void. <br /> <br /> Any approved Conditional Use Permit, Variance, or Minor <br />Exception which has been exercised in the manner set forth in <br />the terms of approval and has thereafter ceased to exist or <br />has been suspended for at least one year shall be declared void <br />and any further use of the premises, building, or structure <br />shall conform to the requirements for the District in which <br />located. <br /> <br />Section 9253. Modification of Approved Conditional Use Permits, <br /> Variances or Minor Exceptions. <br /> Any modification of an approved Conditional Use Permit, <br />Variance, or Minor Exception shall necessitate the refiling of a <br />new application which shall be processed as required in the <br />aforementioned Sections of this Part. <br /> <br />Section 9254. Conditional Use Regulations. <br /> Any conditionally permitted use shall be subject to the yard, <br />height, area, off-street parking loading, sign and operational <br />standards set forth for the District in which said use is proposed <br />to be located. However, the Zoning Administrator, Planning <br />Cor~mission, or Council may impose other conditions considered <br />necessary to insure the safe and reasonable de3elopment of the <br />area in order'to protect the health, welfare and safety of the <br />surrounding property owners. Further, the Zoning Administrator, <br />Planning Commission or Council may modify the regulations set <br />forth for the District in which located when it is considered <br />that strict enforcement of said regulations will cause undue <br />hardship to the applicant. <br /> <br />-7- <br /> <br /> <br />
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