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43. Rockeries and retaining walls retaining soil (fill) four feet or greater in height in required <br /> building setback areas, as provided by Section 19.39.150(C)(5)(d). <br /> 44. Use of basement or other building spaces for uses not specifically listed as permitted use in <br /> the B-3 as provided by Section 19.22.030. <br /> 45. Buffer Management as provided by Section 19.37.060.B.2. <br /> 46. Removal of non-hazardous trees as provided by Section 19.37.060.B.3.c <br /> * SEPA threshold determinations frequently include mitigation requirements as provided for in <br /> the SEPA ordinance (Chapter 20.04). Any SEPA condition based on SEPA substantive <br /> authority as provided for in the SEPA ordinance (Chapter 20.04) shall be identified in the land <br /> use permit decision, as provided in this integrated local project review process. <br /> ** An open public hearing may be required under the following circumstances, in which case <br /> the application shall be processed under Review Process III: (i) a public hearing is required by <br /> Title 18; (ii) any affected person files a written request for a hearing with the planning <br /> department within twenty-one days of the notice of application(public comment period); or <br /> (iii) either prior to or within the public comment period, the director or the city engineer and/or <br /> their designees require an open public hearing. <br /> Section 4. Severability. Should any section, paragraph, clause or phrase of this Ordinance, <br /> or its application to any person or circumstance, be declared unconstitutional or otherwise invalid <br /> for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or <br /> regulations, this shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to other persons or circumstances. <br /> Section 5. Conflict. In the event there is a conflict between the provisions of this Ordinance <br /> and any other City ordinance, the provisions of this Ordinance shall control. <br /> Section 6. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to <br /> make necessary corrections to this Ordinance including, but not limited to, the correction of <br /> scrivener's/clerical errors, references, ordinance numbering, section/subsection number and any <br /> references thereto. <br /> Section 7. General Duty. It is expressly the purpose of this Ordinance to provide for and <br /> promote the health, safety and welfare of the general public and not to create or otherwise <br /> establish or designate any particular class or group of persons who will or should be especially <br /> protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance <br /> that no provision or any term used in this Ordinance is intended to impose any duty whatsoever <br /> upon the City or any of its officers or employees. Nothing contained in this Ordinance is <br /> 19 <br />