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(1) When use is not specifically contained in the list of permitted uses in any commercial or industrial zone, but is of the same character and intensity as other uses listed, the Planning Commission may allow the establishment of that use, upon request, if said Planning Commission makes the following findings:

(a) That the establishment of the use will be in accordance with the purposes of the district in which that use is proposed;

(b) That the use will be an appropriate addition to the zone because it has the same basic characteristics as the other uses permitted in the district;

(c) That the use will not be detrimental to the public health, safety, or welfare;

(d) That the use shall not adversely effect the character of that district in which it is proposed to be established;

(e) That the use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses in that district.

(f) That the use will not create any greater hazard of fire or explosion than the hazard normally created by any of the uses listed as permitted uses in that district.

(2) The Planning Commission shall, at the same regular meeting in which they have allowed the establishment of a use in accordance with the above provisions, set a public hearing in accordance with the Section 14.02.010, Provo City Code at which the Planning Commission shall determine whether the use should be recommended to the Municipal Council as an amendment to this Title for addition to the list of permitted uses in the respective zone in which said use has been established.

(Enacted 1987-17, Am 1987-45)