06.01 - Req for Appeal-Dog Boarding-Public Hearing

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3. In permitting a new Conditional Use or alteration of an existing Conditional Use, the Planning Commission may impose, in addition to the standards and requirements expressly specified by this Ordinance, additional conditions that the Planning Commission considers necessary to protect the best interest of the surrounding area or the City as a whole. These conditions may include, but are not limited to the following: 4. The Planning and Zoning Commission shall decide the issue with consideration to the following: A. The following must be met: (1) The use or development is an appropriate conditional use in the land use zone. (2) The use or development, with conditions, conforms to the comprehensive land use plan. (3) The use with conditions is compatible with the existing neighborhood. (4) The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the City. B. The following must be considered. (1) The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. (2) The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (4) The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares. (5) Adequate measures have been taken to provide sufficient off - street parking and loading space to serve the proposed use. (6) Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result. 7. Violations of the conditions of a Conditional Use Permit shall automatically suspend the permit. A review of the violation shall be conducted by the Planning Commission. The Planning Commission shall determine conditions for reinstating the permit or revocation, if applicable. 9. Appeals from the action of the City shall be filed with District Court within 30 days after City Council action. Comment. The Staff report and findings of fact did not address or substantiate their responses to criteria in Item 4.A.1, .2, .3 above. Section 17 -11.8 LAND USE PERMITS 1. Land Use Permits shall be issued for all new structures and any change in structure exterior, plumbing or number of bedrooms, any construction or repair of a sewage system and any grading and filling in shoreland not exempted by this ordinance. No person shall assemble, install, repair, remodel, remove or construct any structure prior to applying for and receiving a Land Use Permit. 2. Where a proposed use requires action of the Board of Adjustment, Planning Commission or Council or posting of financial security, said action shall occur and the Conditional Use Permit, Variance, Zoning District change, final plat plan approval or approval of metes and bound division shall be issued or security posted before the Land Use Permit is issued. 8. Granting of a Land Use Permit shall occur when all requirements of this Chapter have been met, but shall not be considered a statement of compliance with regional, State or Federal codes, statutes or laws or approval of the design of the structure or accessories, or description of the property. Subsequent actions of the Zoning Administrator shall not be considered acceptance of structural components or workmanship, but rather shall be for the purpose of determining general compliance with this Chapter. 9. If the Zoning Administrator determines that any violation of the permit or other section of the Ordinance has occurred, the permit shall become null and void. ARTICLE 12. ENFORCEMENT Page 18 of 20