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as provided herein, for a use not otherwise permitted in the B-3 zone. Any proposal that <br /> gives the outward appearance of a use or activity that is incompatible with the intent and <br /> purpose of the B-3 zone shall be denied: <br /> 1. traffic generated by the proposed use <br /> 2. noise generated by the proposed use <br /> 3. impacts from odor, vibration, dust or other nuisances <br /> 4. aesthetic character and quality of the proposed use <br /> 5. public safety impacts <br /> 6. compliance with building and fire codes <br /> 7. hours of the day of proposed use or activity <br /> 8. proposed management and operational procedures to minimize and mitigate <br /> potential impacts <br /> 9. other factors not specified herein that would create a conflict with the uses that are <br /> permitted in the B-3 zone. <br /> D. Any proposal that gives the outward appearance of a use or activity that is incompatible <br /> with the intent and purpose of the B-3 zone shall be denied. The City shall retain the <br /> right to revoke a permit issued under this section that fails to comply with any conditions <br /> of approval of said permit, or which operates in a manner inconsistent with <br /> representations made in the application,pursuant to EMC Chapter 1.20. <br /> Section 2. 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 3. 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 4: 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 /> I <br /> Ray S e anson, ayor <br /> ATTE T: <br /> CITY CLERK n7? <br />