Hollister City Zoning Code
ARTICLE V
Supplementary Regulations 1
Section 400.180 Conditional Uses.
[Ord. No. 05-21, 8-4-2005; Ord. No. 06-04, 2-16-2006; Ord. No. 06-12, 4-20-2006; Ord. No. 06-38, 9-7-2006; Ord. No. 07-49, 1-3-2008; Ord. No. 08-14, 4-3-2008; Ord. No. 08-16, 4-3-2008; Ord. No. 09-13, 5-21-2009; Ord. No. 10-07, 3-4-2010; Ord. No. 10-34, 11-18-2010; Ord. No. 11-18, 9-1-2011; Ord. No. 11-19, 9-1-2011; Ord. No. 11-26, 11-3-2011; Ord. No. 12-08, 3-15-2012; Ord. No. 12-21, 8-2-2012; Ord. No. 12-22, 8-2-2012; Ord. No. 12-23, 8-2-2012; Ord. No. 13-03, 3-7-2013]
A. CONDITIONAL USE CONDITIONAL USE PERMIT SPECIAL USE PERMIT
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
A conditional use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located within specific zones, but shall not be allowed under the general conditions of the zone as stated in this Code.
Any of the listed conditional uses may be located in the appropriate zoning district (shown in parenthesis) by conditional use permit issued by the City Administrator or Building Official after the request has been reviewed by the Planning Department and after the Board of Aldermen have received the list of conditional use requests at their regularly scheduled meeting. The conditional use permits are not issued until after that regularly scheduled meeting. Conditional uses are approved under such conditions listed in this Code as to operation, site development, signs and time limit as may be deemed necessary in order that such use will not seriously injure the appropriate use of the neighboring property and will conform to the general intent and purpose of these regulations and shall comply with the height and area regulations of the district in which they may be located.
A special use permit may be obtained for a use that is requested that is not addressed under the conditional uses but is not a use easily addressed by variance through the Board of Adjustment. The use could become compatible with neighboring uses through the application of qualifying conditions. Special uses should still meet the requirements of this Code listed in general requirements of conditional uses. Special use permits are approved through a Planning Commission recommendation to the Board of Aldermen following a public hearing using the same procedures (400.260) and fees (400.270) used for a rezoning of property.
B.
General Requirements. The City Administrator or Building Official may approve a conditional use only if the following requirements have been met along with any specific required conditions. A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed below along with any specific required conditions:
1.
The request is consistent with all applicable provisions of the Comprehensive Plan.
2.
The request shall not adversely affect adjacent properties.
3.
The request is compatible with the existing or allowable uses of adjacent properties.
4.
The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer and Police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed.
5.
The request can demonstrate adequate provision for maintenance of the use and associated structures.
6.
The request has minimized, to the degree possible, adverse effects on the natural environment.
7.
The request will not create undue traffic congestion.
8.
The request will not adversely affect the public health, safety or welfare.
9.
The request conforms to all applicable provisions of this Code.
10.
The City Administrator or Building Official may provide that approval is contingent upon acceptance and observance of specified conditions, including, but not limited to:
a.
Conformity to plans and drawings submitted with the application.
b.
Special yard, open space, buffer strips, walls, fences, hedges, landscaping.
c.
Performance standards relative to emission of noise, vibration or other potentially dangerous or objectionable elements.
d.
Limits on time of day for conduct of specified activities.
11.
The period in which the approval shall be exercised or otherwise shall lapse. Conditional use permits expire and become null and void after one hundred eighty (180) days if the applicant does not actually do what was approved. One (1) one hundred eighty (180) day extension may be granted by staff to commence the work if requested in writing by the applicant. Such conditional use permits shall be in effect for the duration of time that the specific applicant is conducting the use at that location.
12.
Conditional use permits do not transfer with the applicant to a different location or to a different applicant at the same location.
C.
Application Procedure And Fee.
1.
Applications must be received no later than 10 (ten) days prior to a regularly scheduled meeting of the Board of Aldermen. Upon receipt of an application with the fee of fifty dollars ($50.00) for a conditional use permit by the City, it shall be referred to the Planning Department for investigation as to the manner in which the proposed location and character of the use will affect the Comprehensive Community Plan. A copy of the application will be posted on the City's public notice bulletin board for ten (10) days before the next regular Board of Aldermen meeting. The applicant must submit with the application, proof of ownership and a site plan that is drawn to scale. The Planning Department will review the request for administrative approval. The conditional use permit shall be approved if the request is consistent with the spirit, purpose and intent of the Comprehensive Community Plan, meets the general requirements and any specific conditions set out in this Code and will not substantially and permanently injure the appropriate use of neighboring property. The applicant must sign an acknowledgement that will be provided stating that the applicant understands and agrees to abide by the conditions set out in this Code for their specific use.
2.
Requests that do not meet the criteria will be denied thus enabling the applicant to appeal the administrative decision to the Board of Adjustment. By City Code and State Statutes, any individual aggrieved by an administrative decision of the City may appeal the decision to the Board of Adjustment.
3.
The City of Hollister realizes that not all possible uses can be listed and occasionally the list of conditional uses (as well as the appendix lists of approved uses) may be revised. Requests for conditional uses that are not listed may seek relief by asking to go before the Planning Commission and requesting to have that type of use added to the list of conditional uses. The Planning Commission may recommend adding the use, adding the use with conditions or not allowing the use in the zone requested. Their recommendation then goes to the Board of Aldermen for consideration to change the City ordinance adding the use or adding the use with conditions.
Section 400.185 Special Events Permits - Administration.
[Ord. No. 02-22, 7-18-2002; Ord. No. 18-01, 2-1-2018; Ord. No. 18-23, 3-15-2018; Ord. No. 20-19, 11-5-2020]
A.
Special Event. Any event involving the extraordinary use of public property, such property, including, without limitation, the public right-of-way, public parks, public buildings or other City facilities; or events on public or private property as otherwise provided in the City Code. Extraordinary use of public property includes amplified sound, closing of streets, electrical or plumbing hookups to City utility connections, fireworks, firearms "salutes" by military honor guards, and noise generating events that continue past 11:00 P.M. The maximum time limit for any event is five (5) consecutive days. All special event permits must be submitted no later than thirty (30) days prior to the event for consideration of approval. All special events shall be subject to the following:
1.
Upon written application to the City Clerk's department and payment of a one hundred fifty dollar ($150.00) fee for events lasting one (1) to three (3) days and two hundred fifty dollars ($250.00) fee for events lasting four (4) or five (5) days. Any reoccurring event that has been permitted by one (1) special event permit lasting cumulatively for four (4) days or longer will pay a fee of two hundred fifty dollars ($250.00). The application will be reviewed by City staff as to the appropriateness of the proposed event as it relates to the City of Hollister's Municipal Code.
2.
The Board of Aldermen shall approve or disapprove all new special event applications, all special event applications that involve a request for the sale or consumption of alcoholic beverages, and all special event applications that have substantially changed or are not in compliance with a change in City of Hollister requirements for special events, with conditions necessary and deemed appropriate to achieve land use harmony and preserve the public health, safety and welfare.
3.
The City Administrator or his/her designee shall be authorized to approve applications for special events which have previously received Board of Aldermen approval or which are substantially similar to events which have received Board approval in the past, provided such special event does not involve a request for the sale or consumption of alcoholic beverages and provided the City of Hollister requirements for special events have not substantially changed since previous approvals by the Board of Aldermen. The City Administrator shall be authorized to promulgate regulations for the administrative approval of such events, which shall be maintained on file in the office of the City Clerk.
4.
No special event permit for the purpose of placing any item for sale or display on or over any street, sidewalk or other public property shall be issued until a certificate of general liability insurance has been provided naming the City as an additional insured, with minimum limits of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage, and until the applicant has paid such fees as may be required for compliance with applicable provisions of the City Code.