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(6) The other uses in the vicinity of the proposed site are such as to permit the <br /> proposed use to function effectively. <br /> (7) The proposed use complies with the performance standards,parking requirements <br /> and other applicable provisions of this ordinance. <br /> 2. The decision of the Planning Commission, with respect to any application for a <br /> conditional exception, shall be final, unless an appeal is made to the City Council within <br /> ten(10)business days after the Planning Commission's decision. Said appeal shall be in <br /> writing to the City Council and filed with the City Clerk. <br /> IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD <br /> TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION <br /> OR PORTIONS OF THIS ORDINANCE. <br /> EMERGENCY CLAUSE: Where as it is necessary to effect the public peace, health, safety and <br /> welfare and the orderly administration of Batesville City Codes,an emergency is hereby declared to exist <br /> and this Ordinance shall be effective from and its passage. <br /> IT IS SO ORDAINED. <br /> IN WITNESS WHEREOF we have set our hands this�xy <br /> da of �j � . 2009. <br /> APPROVED: / 1tG.� <br /> • RICK ELU AUGH YOR <br /> ATTEST: �v <br /> DENISE JOHNSTON,CLERK <br /> APPROVED AS TO LEGAL FORM: <br /> Scott Stalker, City Attorney <br /> • <br />