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A. Purpose. A Use Permit is a discretionary permit approved by the Zoning Adjustments Board (ZAB) to ensure that a proposed project will be designed, located, and operated to be compatible with neighboring properties and minimize impacts to the general public.

B. Review Authority. The ZAB takes action on all Use Permit applications.

C. When Required. A Use Permit is required for:

1. Land uses and development projects in each district as identified in Chapters 23.202--23.210 (Zoning Districts).

2. Other types of development projects when specifically required by the Zoning Ordinance.

D. Public Notice and Hearing. The ZAB shall review and take action on a Use Permit application at a noticed public hearing in compliance with Chapter 23.404(Common Permit Requirements).

E. Findings for Approval.

1. To approve a Use Permit, the ZAB shall find that the proposed project or use:

(a) Will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or visiting in the area or neighborhood of the proposed use; and

(b) Will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

2. To approve the Use Permit, the ZAB must also make any other Use Permit findings specifically required by the Zoning Ordinance for the proposed project.

3. When taking action on a Use Permit, the ZAB shall consider in its findings:

(a) The proposed land use; and

(b) The structure or addition that accommodates the use.

4. Required findings shall be made based on the circumstances existing at the time a decision is made on the application.

5. The ZAB shall deny a Use Permit application if it determines that it is unable to make any of the required findings. (Ord. 7787-NS § 2 (Exh. A), 2021)