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The planning director may approve a major modification that does <br />not meet the above standards far a mi nor modification upon finding <br />that the proposal and modification i s otherwise consistent with and <br />meets the applicable permit criteria. Within five days of render- <br />i ng adec i s i on, notice of the p1 ann i ng director's decision on a <br />major or minor modification and of the opportunity to appeal shall <br />be mailed to the applicant, persons who requested notification, <br />and persons entitled to notice under subsection ~2} of this sec- <br />t i on . The decision may be appealed to the heari ngs official by <br />the owner, appl icant, a party, an adversely affected person, or <br />person entitled to notice under subsection ~ 2 } of this section , <br />within ten days of the date that notice of the decision was mai 1 ed. <br />fib} By Heari ngs~Off i ci al . A publ i c evidentiary hearing shat 1 <br />be het d by the heari ngs ~ of f i c i al within 45 days fo11 owi ng receipt <br />of an appeal of the planning director's decision. Notice thereof <br />shall be mai 1 ed at 1 east 20 days i n advance of the hearing to the <br />appe11 ant, applicant, persons entitled to notice under subsection <br />~ 2 } of this section, and persons who requested notice of the plan - <br />ning director's decision. The hearing notice and procedures shall <br />conform with the requirements far quasi -judicial heari ngs provided <br />in sections 2.390 to 2.400 of this code. The hearings official <br />may approve, deny, or modify the planning director's decision . <br />Approval by the heari ngs official shall requ i re a f i ndi ng that the <br />proposal anal modification meets the applicable permit criteria. <br />Within five days of the decision, the city shall mai 1 a noti ce of <br />the decision to the applicant, appellant, and persons who have re- <br />quested notification . The decision of the heari ngs off i ci a1 i s <br />final . <br />Section 6I . Section 9.696 of the Eugene Code, 19T1, i s amended to pro- <br />vide: <br />9.696 Descri ti on and Pur ose. Certain types of uses require special <br />consideration before being permitted i n particular districts . The <br />reasons for requiring sped a1 consideration include, for example, the size <br />of the area required for the full deve1 opment of those uses, the nature of <br />the traffic problems incidental to operation of those uses, the effect those <br />uses might have on adjoining land uses, and their effect on the growth and <br />development of the community as a whol e . Uses permitted condi t i anal l y may <br />also possess unique ar special characteristics that make it unacceptab1 a to <br />permit them without conditions in particular zoning districts. In districts <br />where uses are cand i t i anal 1 y permitted, their location and operation are <br />subject to conditional use permit review and approval. One purpose for this <br />review i s to determine i f the characteristics of those uses can be made rea- <br />sonably compatible with the type of uses permitted outright i n surrounding <br />areas. Another purpose is to provide reasonable and necessary conditions <br />so the basic purposes of this ordinance are served. Nothing herein requires <br />the heari ngs official or commission to grant a condi ti anal use permit that <br />would be contrary to this ordinance. Conditional use permits shall be con- <br />Ordinance - 55 <br />