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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />Section 2: Request for Exception. <br />Any person who desires to establish within the City a use which is <br />prohibited from being established by the operation of this Ordinance may request <br />an exception from the City. Any use which is granted an exception may be <br />established in the City irrespective of the provisions of the Zoning Code referenced <br />in Section A, above, of this Ordinance, which provisions are currently under <br />study. Except as specifically set forth above, the grant of a request for exception <br />by the City shall not release the applicant from complying with any applicable <br />federal, state or local law or regulation. <br />Section 3• Application for Request for Exception. <br />The Planning Department shall prepare the necessary forms for <br />person(s) who wish to request an exception to the provisions of this Ordinance. <br />Until such forms are available, the Planning Department shall utilize the "Planning <br />Application" form. The City Council, by resolution, shall set the application fee <br />for the request for exception; said fee shall not exceed the reasonable estimated <br />costs of the City expended in processing such an application. <br />Section 4• Grant or Denial of Exception. <br />The Community Development Director ("Director") shall grant, <br />conditionally grant or deny a request for exception to the provisions of this <br />Ordinance. Any conditions imposed upon the exception application shall be in <br />keeping with the objective development standards of the underlying zoning district <br />in which the property is located. The Director shall approve an application for <br />exception where the information submitted by the applicant substantiates all of the <br />following findings: <br />a. That the proposed use is located within the M-2 Heavy <br />Industrial Zone as designated on the City's Official Zoning Map as defined in <br />Chapter 18.06 of the City's Zoning Ordinance. <br />b. That the proposed site is not located within a one <br />thousand (1,000) foot radius of a school or park. The distance between the adult <br />use or proposed adult use and a park or school shall be measured from the nearest <br />exterior wall of the facility housing the adult use or proposed adult use to the <br />property line of the school or park site, measured along a straight line extended <br />between the two points. <br />0 <br />