The Planning and Zoning Commission and City Council shall review and evaluate Conditional Use Permits applications for all Standardized Businesses within the Historic Shopping District using the following criteria:

A.

Affirmative finding that the existence of such business will not:

(1)

Materially alter the general characteristic of the surrounding area of the small town German and Hill Country environment;

(2)

Detract from the uniqueness of, nor materially alter the identity of, the Historic Shopping District;

(3)

Contribute to the nationwide trend of standardized offerings; or

(4)

Impair the intent of this ordinance or the comprehensive plan of the City; and

B.

Affirmative finding that the business will:

(1)

Add diversity to the mix of businesses in the area including type of service, amusement, product, price range and the like; and

(2)

Complement those businesses already in the Historic Shopping District; and

(3)

Help promote and foster the local economic base as a whole; or

(4)

Is currently existing in the District or is regionally or locally based or is serving a community need or local demand; and

C.

The Planning and Zoning Commission may recommend and the Council shall require that a Standardized Business:

(1)

Will not utilize or contain the features or attributes of a Standardized Business as defined above except the service, product or amusement, and a sign, no more than two square feet in size showing the franchise or business affiliation, if desired;

(2)

Be pedestrian oriented as opposed to automobile oriented, to encourage walking in the HSD;

(3)

Utilize a unique visual appearance that reflects or compliments the Historic character of the HSD, and not project a visual appearance that is homogeneous with its elements in other communities; and

(4)

Not be in such close proximity to Standardized Businesses to significantly destroy a mix of standardized businesses with other businesses.

D.

The Planning and Zoning Commission may recommend and the Council may place other reasonable conditions upon the granting of the application which may not be specifically set out herein provided that such conditions promote the goals of this ordinance. It is specifically permitted that the City Council may place restrictions upon the operation of the business such as hours of operation to conform generally with other businesses in the area or the requirement of the addition of architectural features to maintain the character and architectural look of the area.

E.

The burden of proof in conditional use proceedings shall be upon the applicant. The Council may require the applicant to submit a traffic study, prepared by a Registered Professional Engineer, approved by the Board, or to submit any other reasonable substantiation of the elements of the application.

F.

The fact that a use may be more profitable or that a structure may be more valuable if the conditional use granted shall not be grounds for issuance of the permit.

(Ord. No. 18-002, § 5.461, 4-21-2008)