Lodi City Zoning Code
ARTICLE X
Conditional Use Standards
§ 340-52 Intent.
A conditional use is development which would not generally be appropriate within a district but might be allowed in certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.
§ 340-53 Commission action.
[Amended 10-10-2006 by Ord. No. A-361]
The Commission is empowered to recommend a development permit for a conditional use if the following requirements are met. Uses which require such a permit are identified in the district regulations.[1]
A.
Procedure. The requests for a permit for a conditional use shall be filed with the Administrator on an official application form and shall be accompanied by the required fee and detailed written and graphic materials fully explaining the proposed development. A public hearing shall be conducted by the Commission.
B.
Notice. Notice of the hearing shall be given by a Class 1 legal notice. The Zoning Administrator shall also send written notice of such hearing to the owners of record of all lands situated wholly or partly within 200 feet of the perimeter of the subject property. Such notice shall be sent by regular mail at least 10 days before the date of the public hearing.
C.
Conditions. The Commission shall consider possible adverse effects of the proposed conditional use and what additional requirements may be necessary to reduce such adverse effects. The Commission may recommend denial of the request.
D.
Issuance and safeguards. The permit for a conditional use shall amend the development permit and shall be attached thereto. In recommending any conditional use, the Commission may prescribe appropriate conditions and safeguards in conformity with this chapter. The Commission may request that the City be provided with either a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to issuance of the conditional permit. The security shall be used to guarantee compliance with the conditions of the permit and shall be returned to the developer when a certificate of occupancy is issued.
[1]
Editor's Note: See Arts. V through VIII.
§ 340-54 Decision criteria.
A.
In making a determination on an application for a conditional use, the Commission shall consider all relevant factors specified in other sections of this chapter, including standards for specific requirements for certain land uses and activities.
B.
The Commission shall consider the following criteria:
(1)
Compatibility. The compatibility of the proposed use with existing development within 300 feet of the proposed use and within 500 feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
(2)
Consistency with Comprehensive Plan. The relationship of the proposed use to the objectives of the City of Lodi Comprehensive Plan.
(3)
Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any, and without undue inconvenience to the developer, and the availability of alternative locations equally suitable.
(4)
Neighborhood protections. The sufficiency of the terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood.
(5)
Conformance with other requirements of this chapter. The conformance of the proposed development with all provisions of this chapter.
(6)
Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Commission feels are necessary for review in order to make an informed and just decision.