Hollister City Zoning Code
ARTICLE V
Supplementary Regulations
[1]
Editor's Note — Ord. No. 05-21, adopted August 4, 2005, repealed section 400.180 "special use permit, requirements and procedure" and enacted new provisions set out here. Former section 400.180 derived from ord. no. 467 §42.500, 8-20-1992; ord. no. 94-42 §42.500, 9-15-1994; ord. no. 98-23, 6-18-1998; ord. no. 01-10, 2-15-2001; ord. no. 01-55, 1-3-2002; ord. no. 02-43, 11-21-2002; ord. no. 03-06, 3-6-2003; ord. no. 04-49, 10-7-2004.
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; Ord. No. 14-11, 9-4-2014; Ord. No. 19-38, 6-20-2019; Ord. No. 24-05, 3-7-2024; Ord. No. 24-13, 4-4-2024]
A.
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
CONDITIONAL USE
Chapter 400 Zoning Regulations contains a list of uses which are permitted in each zoning district with no additional permitting required. The Zoning Code also contains a list of preapproved uses which are conditional in each zoning district, which means that a particular use is not allowed by right in a particular zoning district but may be allowed if the property owner satisfies certain conditions listed in the Zoning Code.
CONDITIONAL USE PERMIT
The granting of a conditional use permit is an administrative function of the City. 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 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 conditional use requests have been posted for public inspection in a conspicuous location where public notices are regularly posted in City Hall. The conditional use permits are not issued until after they have been available for public inspection for fourteen (14) calendar days. 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. The City reserves full authority to deny any request for a conditional use, to impose conditions on the use or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
SPECIAL USE PERMIT
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 (Section 400.260) and fees (Section 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.
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 meet City Code requirements. A copy of the application will be posted on the City's public notice bulletin board for fourteen (14) days. 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 it 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.
D.
(Reserved)
Section 400.185 (Reserved) [1]
[1]
Editor's Note: Former Section 400.185, Special Events Permits — Administration, was repealed by Ord. No. 24-44, 1-2-2025. Prior history includes: Ord. No. 02-22; Ord. No. 18-01; Ord. No. 18-23; and Ord. No. 20-19. As to Special Events Permits, Ch. 655.
