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Hayward City Zoning Code

ARTICLE XX

Conditional Uses

§ 515-72 Objective of conditional uses.

One of the purposes of this chapter is to divide the City of Hayward into districts within which the use of land and buildings, and the bulk and location of buildings in relation to the land are mutually compatible and substantially uniform. There are certain uses that may be entirely appropriate and not necessarily incompatible with the basic uses permitted in any district but not at every or location therein or without restrictions or conditions being imposed by reason of unique problems the use or its particular location presents from a zoning standpoint, including the impact of those uses upon neighboring land or public facilities, and the public need for the particular use at a particular location. Such uses may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to their location, development, and operation. Such uses are hereby classified as conditional uses and are subject to the provisions specified herein.

§ 515-73 Conditional use permit required.

Any conditional uses listed in this chapter shall be permitted only when authorized by the Hayward Planning Commission and subject to its approval. Upon such approval, issuance of a conditional use permit will be granted.

§ 515-74 Basis of approval; considerations.

The Hayward Planning Commission shall consider the effect of such grant on the health, general welfare, safety and economic prosperity of the City and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, existing topography, drainage, features, erosion potential, vegetative cover, the prevention and control of water pollution, the location with respect to floodplains and floodways, the movement of traffic and the relationship to existing or proposed roads, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke, or odor and other factors.

§ 515-75 Conditional use permit procedure.

A. 
Application. Application for a conditional use permit shall be made to the City of Hayward Building Inspector, who shall promptly refer the application to the Hayward Planning Commission. In addition to the information required under Article XXIII of this chapter for a land use permit, the Hayward Planning Commission may require the applicant to submit other pertinent data and information necessary to properly evaluate the request.
B. 
Fees. The fee for filing of applications for conditional use permits shall be established by the Hayward Planning Commission. A copy of the current fee schedule shall be kept on file in the office of the Building Inspector.
C. 
Hearing. The Hayward Planning Commission shall schedule a public hearing on the application within 30 days after it is filed.
D. 
Determination. The Hayward Planning Commission shall report its decision within 90 days after the filing of the application. Its decision shall include an accurate description of the use permitted, of the property on which it is permitted, and all conditions made applicable thereto.
E. 
Mapping and recording. When a conditional use permit is granted, an appropriate record shall be made of the land use and building permits, and such grant shall be applicable solely to the structures, use and property so described.
F. 
Termination. Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional use permit shall be terminated by action of the Hayward Planning Commission.