a. Any person affected by this division may petition the city commission for modification
from the prohibitions and registering requirements of this section, provided that
the person demonstrates that special or unusual circumstances and adequate technology
exists to isolate the facility or activity from the potable water supply in the event
of a spill.
b. The city commission shall determine whether the land use or activity shall be approved
under the provisions of this division. In making this decision, the commissioners
shall consider:
1. The cumulative impacts of the land use or activity on the zone of protection in combination
with other uses or activities that have been permitted within said zone; and
2. Whether the proposed use end product that is a threat to the water supply can be contained
in the case of a spill.
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