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Planning Commission Rules, Rule 9
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Planning Commission Rules, Rule 9
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6/19/2024 6:38:24 AM
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Department of Business, Economic Development and Tourism. <br /> (f) The Director shall declare that a Special Management Area Use Permit is <br /> required if it is found that the proposed use, activity or operation has a <br /> valuation in excess of$500,000 or may have a significant adverse effect on <br /> the Special Management Area. Should a determination be made that the <br /> proposed use, activity or operation requires a Special Management Area <br /> Use Permit, the applicant shall submit such application in accordance with <br /> Section 9-11. <br /> (g) The Director shall declare the proposed use, activity or operation exempt <br /> from the definition of development if it is found that the proposal falls in <br /> any category under Section 9-4(h)(2), and does not have a cumulative <br /> impact, or a significant adverse environmental or ecological effect on the <br /> Special Management Area. The Director may impose certain conditions <br /> with the exemption determination to assure that the proposed use, activity, <br /> or operation does not have a significant adverse effect on the Special <br /> Management Area. <br /> (h) Criteria of Significant Adverse Effect <br /> In considering the significance of potential environmental effects, the <br /> Director shall consider the sum of those effects that adversely affect the <br /> quality of the environment and shall evaluate the overall and cumulative <br /> effects of the action. <br /> A `significant adverse effect' is determined by the specific circumstances <br /> of the proposed use,activity or operation.In determining whether a proposal <br /> may have a significant adverse effect on the environment,the Director shall <br /> consider every phase of a proposed action and expected consequences, <br /> either primary or secondary, or the cumulative as well as the short or long- <br /> term effect of the proposal. The Director should bear in mind that in most <br /> instances,the following factors of a proposal, although not limited to same, <br /> may constitute a significant adverse effect on the environment when the <br /> proposed use, activity or operation: <br /> (1) involves an irrevocable commitment to loss or destruction of any <br /> natural or cultural resource, including but not limited to, historic <br /> sites and view planes outlined in the General Plan or other adopted <br /> plans; <br /> (2) curtails the range of beneficial uses of the environment; <br /> (3) conflicts with the long-term environmental policies or goals of the <br /> General Plan or the State Plan; <br /> 9-11 <br /> I <br />
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