§ 47-15.20. Limitations on permitted and conditional uses.

A.

Whenever application is made for a building permit to erect any building or improvement upon any site in the PEDD district wherein the premises may be or are contemplated to be used for industries or uses involving any processes, substances or mixture of substances which is toxic, corrosive, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such substances or mixture of substances may cause substantial personal injury or substantial illness during, or as a proximate result of, any customary or reasonably foreseeable handling or use, or which is identified as hazardous by state or federal legislation, the building inspector shall not issue such building permit until the use of such site for such purpose has been approved by resolution of the city commission, after written report by the city and Port fire departments and any other governmental agency having jurisdiction. In determining whether to approve such use, the city commission shall consider its compatibility with other uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and property.

B.

The process for review of uses permitted in this section are limited to the provisions of this section.

C.

The following criteria shall be required, and the city commission must make findings in connection with the approval of a conditional use as follows:

1.

That the land upon which the use is proposed is not necessary for future industrial uses.

2.

That the proposal will not adversely affect the future use of surrounding industrially designated lands for industry.

3.

That the proposal is designed in such a manner as to preserve, perpetuate and improve the natural environmental character of the proposed site and surrounding area.

4.

That the regional transportation system will have capacity to serve the proposed development at or above service level "D."

These criteria shall replace those provided in Section 47-24.3 for a conditional use permit.

(Ord. No. C-97-19, § 1(47-15.4), 6-18-97)