(a) A conditional use permit shall be required for modification of a use (and for modification of the site and structures associated with such use) which was legally existing prior to the effective date of this Chapter 1169 or of subsequent amendments, and which is listed as a conditional use by this Zoning Code or Chapter 1169, or of subsequent amendments thereto.
(b) When an application is submitted for a conditional use permit for modification and continuance of a use legally existing prior to the effective date of this Chapter 1169 or of subsequent amendments, the Planning Commission and Council shall exercise discretion in applying the standards set forth in Sections 1169.07 and 1169.08 which are applicable to the existing use. Such discretion may include waiver or partial application of the standards, subject to a finding or findings that compliance with one or more of the standards is infeasible or impractical.
(Ord. 5-2007. Passed 3-13-07.)
(Ord. 5-2007. Passed 3-13-07.)