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DEVELOPMENT PROCEDURES <br /> m <br /> x <br /> 6. Granting the variance application is consistent with any DIVISION 3: CONDITIONAL USE PERMIT <br /> special criteria applicable to varying particular standards, <br /> as set forth in Chapters 3 through 7 of this Development Section 2.8.3.1 Purpose, Applicability, Exceptions and Effect <br /> Code; A. Purpose.The purpose of a conditional use permit is to allow <br /> 7. The hardship or inequity suffered by applicant is not the establishment of uses which may be suitable only in certain <br /> caused wholly or in substantial part by the applicant; locations in a zoning district or only when subject to standards <br /> and conditions that assure compatibility with adjoining uses. <br /> 8. The request for a variance is not based exclusively on the <br /> applicant's desire for increased financial gain from the 1. Conditional uses are those uses which are generally <br /> property, or to reduce an existing financial hardship, and; compatible with the permitted land uses in a given <br /> zoning district, but which require individual review of <br /> 9. The degree of variance requested is the minimum amount their proposed location, design and configuration, and <br /> necessary to meet the needs of the applicant and to the imposition of conditions in order to ensure the <br /> satisfy the standards in this Section. appropriateness of the use at a particular location within a <br /> Section 2.8.2.5Expiration and Extension given zoning district. <br /> B. Applicability.A conditional use permit is required to use or <br /> A. Expiration on Failure to File Application.Where the decision- develop property within the city limits for any use designated <br /> makers for the variance application and the development as a as use in Sec. 5.1.1.2 of this Development <br /> application are different, a variance to a standard applicable Code for the zoning district in which the property is located. <br /> to the development application shall expire within ninety (90) <br /> days of the date the variance application is granted, unless the C. Effect. <br /> property owner or applicant files the development application <br /> with the City in accordance with this Development Code within 1. Approval of a conditional use permit authorizes the use <br /> such period.The decision-maker may extend the time for filing or development of the property in accordance with the <br /> the development application for good cause shown, but in any conditions of the permit. <br /> event,the expiration date for the variance shall not be extended 2. Approval of a conditional use permit shall be deemed to <br /> beyond one year from the date the variance application was authorize only the particular use for which the permit is <br /> granted. issued and shall apply only to the property for which the <br /> B. Effect of Permit Expiration or Extension.Variances granted permit is issued (i.e., it is not personal to the applicant). <br /> in relation to a development application shall remain in effect 3. No conditional use shall be enlarged, extended, increased <br /> for the period the development permit is in effect, and shall in intensity or relocated unless an application is approved <br /> expire upon expiration of the development permit. Extension for a new conditional use permit in accordance with <br /> of the development permit also shall result in extension of the the procedures set forth in this Section. Initiation or <br /> variance. development of the use shall not be authorized until the <br /> C. Effect of Application Denial. Denial of the development applicant has secured all the permits and approvals <br /> application in conjunction with which a variance application required by this Development Code. <br /> was granted or processed shall result in expiration of the <br /> variance. 4. Any conditional use shall require compliance with all <br /> conditions of such conditional use permit, all conditions <br /> generally applicable to conditional uses under this <br /> Development Code, and all conditions applicable to the <br /> specific conditional use under this Development Code. <br /> Amended: September 1, 2020 2:51 <br />