Alvarado City Zoning Code

A property owner may petition the city for a specific use of property, as authorized by the zoning district in which the property is located. An application for a specific use permit shall be submitted to the Zoning Administrator, along with any applicable fee. The application shall include a site plan meeting the requirements of section 42-56, and showing the general arrangements of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials and locations of buildings; the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; visual screening such as walls, landscaping, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet.

The same notice, hearing and approval requirements as for changes and amendments to a zoning district classification shall apply to approval of a specific use permit; provided, however, that the approval of a specific use permit shall not be considered a change in zoning.

The Zoning Administrator shall review the application and submit a report to the Planning and Zoning Commission. This report shall be made available to the applicant prior to the public hearing. After proper notice and a public hearing, the Planning and Zoning Commission shall make a recommendation to the City Council regarding any application for a specific use permit. The Planning and Zoning Commission may require information, operating data, and expert evaluation concerning the location, function and characteristics of any building or use proposed.

The City Council may approve a specific use by adoption of an ordinance. The ordinance shall set forth any limitations or conditions which the City Council may place upon the specific use. Only those specific uses authorized in the district in which the property is located may be approved.

The Planning and Zoning Commission and the City Council shall review the application against the review and evaluation criteria set forth below and approve, conditionally approve, or deny the specific use application.

Conformance with applicable regulations and standards in this zoning chapter.

Compatibility with existing or permitted uses on abutting sites in terms of building height, bulk, scale, setbacks, open spaces, landscaping and site development, and access and circulation features.

Potentially unfavorable effects or impacts on existing or permitted uses on adjacent properties, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.

Location, lighting, and type of signs and relation of signs to traffic control and adverse effect on adjacent properties.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area.

The City Council shall authorize issuance of a specific use permit only after determining that the proposed use or uses are harmonious with buildings and uses of adjacent property in the vicinity of the premises under consideration and that adequate provisions have been made for the paving of streets, alleys, and sidewalks, means of access to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, height of structures, and compatibility of buildings.

No specific use permit shall be granted unless the applicant, owner, and grantee of the specific use permit shall be willing to accept and agree to be bound by and comply with the written requirements of the permit, as attached to the site plan drawing and approved by the City Council.

When the City Council approves a specific use permit, the zoning map shall be amended according to its legend to indicate that the property is subject to the specific use permit.

A specific use permit shall be valid for one year from the date of approval unless prior to such expiration date a building permit is issued and construction is commenced or the actual use, if not requiring a building permit, is commenced. The expiration date may be extended by the City Council upon application. An inspection of the property granted a specific use permit shall be performed one year after such grant to determine whether the use has been commenced and whether all conditions of the permit have been complied with.

Approval of a specific use permit automatically expires upon any of the following:

The City Council may grant a continuance of the specific use upon application.

Minor modifications to a specific use permit may be made if the Zoning Administrator determines that such modifications will not change the intent and effect of the approval by the City Council.

A specific use permit for a stationary vendor, as defined in section 42-9(b), shall be subject to the following additional conditions:

Exception: A specific use permit is not required for a stationary vendor to make sales at a special event if the city has issued a permit for the special event and the permit holder has authorized the stationary vendor to make sales at the special event.