Petaluma City Zoning Code
5 Overlay
Zones
5.010 Purpose.
The requirements of this Chapter regulate development and new land uses in the overlay zones established by Section 2.020 (Zoning Map and Zones). This Chapter provides standards that apply to proposed development in addition to the requirements of the primary zone, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.
5.020 Applicability of Overlay Zones.
The requirements of this Chapter apply to proposed development and new land uses in addition to all other applicable requirements of this Zoning Ordinance. Any perceived conflict between a requirement of this Chapter and any other requirement of this Zoning Ordinance shall be resolved in compliance with Section 1.050 (Rules of Interpretation).
A. Mapping of Overlay zones. The applicability of an overlay zone to a specific site is shown by the overlay Zoning Map symbol established by Section 2.020 (Zoning Map and Zones) appended as a suffix to the symbol for the primary zone on the Zoning Map. Overlay zones are applied to property through the rezoning process (Chapter 25).
B. Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay zone:
1. Any land use normally allowed in the primary zone by Chapter 4 may be allowed within an overlay zone, subject to any additional requirements of the overlay zone;
2. Development and new land uses within an overlay zone shall obtain the planning permit approvals required by Chapter 4 for the primary zone; and
3. Development and new land uses within an overlay zone shall comply with all applicable development standards of the primary zone, all other applicable requirements of this Zoning Code, and the City’s Design Guidelines to the extent determined by the review authority and/or specific provisions of the Design Guidelines.
5.030 Flood Plain Overlay Zone.
Refer to Zoning Map and Chapter 6 (Floodway and Flood Plain Combining District).
5.040 Historic District Overlay Zone.
Refer to Zoning Map, Chapter 15 (Preservation of the Cultural and Historic Environment), and the applicable Historic District Guidelines.
5.050 Theater District Overlay Zone.
A. Purpose. It is the intent of the Theater Combining District to promote the development of movie theaters within the designated boundaries of the district. Said theaters shall be so-called “first-run” movie theaters, but may also include limited, incidental showings of independent and foreign films. The regulations established for this district shall not apply to theaters whose principal function is for “live” performances.
B. District Boundaries. The boundaries of the Theater Combining District shall be as follows: Washington/East Washington Street (north), Weller Street (east), “D” Street (south) and Sixth/Howard Street (west).
C. Movie Theater Uses Prohibited in Other Designated Zones. Notwithstanding any other provisions of this Zoning Ordinance, movie theaters as defined in Section 5.050(A), above, shall not be permitted or conditionally permitted in any zoning district of the City of Petaluma outside of the established boundaries of the Theater Combining District. This limitation shall also apply to the zoning districts established for the Central Petaluma Specific Plan, if said property lies within the boundaries of the Specific Plan, but outside the boundaries of the Theater Combining District.
D. Sunset Provision. Unless otherwise rescinded by a majority vote of the City Council, this ordinance shall expire on (i) November 1, 2005 if construction of a first run movie theater in the Theater Combining District containing at least eight screens has not commenced by such date, or (ii) November 1, 2006 if a first run movie in the Theater Combining District containing at least eight screens has not opened for business to the public by such date, or, in any event, August 4, 2023. The expiration dates in subsections (i) and (ii) shall be extended one day for each day of delay in the commencement of construction or opening for business caused by Acts of God, riots, litigation challenges, or other circumstances beyond a developer’s reasonable control, as determined by the City Manager.
5.060 Senior Mobile Home Park Overlay District.
A. Intent and Purpose. The Senior Mobile Home Park Overlay District is intended to preserve a variety and balance of housing types within the City of Petaluma, and to provide assurances that existing senior mobile home parks within the Senior Mobile Home Park Overlay District and future senior mobile home parks established subject to the Overlay District will remain available to seniors.
B. Definitions.
1. Convert or Conversion. Changing a senior mobile home park to a mobile home park that does not qualify as a senior mobile home park in accordance with this section and other applicable law.
2. Mobile Home Park. Has the same meaning as in Petaluma Municipal Code Section 6.50.020(K), as amended from time to time, and currently defines “mobile home park” as any area of land within the incorporated areas of the City where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation, subject to and in accordance with all applicable land use regulations.
3. Senior Mobile Home Park. A mobile home park in which at least 80 percent of the spaces are occupied by, or intended for occupancy by, at least one person who is 55 years of age or older.
C. Designation. The Senior Mobile Home Park Overlay District shall be designated by the symbol (MH-S) on the City of Petaluma Zoning Map. The (MH-S) designation applies to the five senior mobile home parks that exist in the City as of the effective date of this section, and to senior mobile home parks established in the City after the effective date of this section subject to the Overlay District. The five senior mobile home parks in the City as of the effective date of this section are:
Park Name | Address | Assessor Parcel Number |
|---|---|---|
Leisure Lake | 300 Stony Point Rd, Petaluma, CA 94952 | 007-422-042 |
Petaluma Estates | 901 North McDowell Blvd, Petaluma, CA 94954 | 048-080-023 & 007-401-013 |
Royal Oaks | 750 Wood Sorrel Dr, Petaluma, CA 94954 | 137-061-024 |
Cottages of Petaluma | 576 North McDowell Blvd, Petaluma, CA 94954 | 149-030-003 |
Youngstown | 911 North McDowell Blvd, Petaluma, CA 94954 | 048-080-024 & 007-401-004 |
D. Senior Occupancy Requirement. At least 80 percent of the spaces in senior mobile home parks must be occupied by at least one person 55 years of age or older. This senior occupancy requirement does not apply to or affect ownership of a mobile home unit. As long as at least one resident of a mobile home in a senior mobile home park is 55 years of age or older, the senior occupancy requirement is satisfied as to that mobile home, whether or not the owner of the mobile home is 55 years of age or older.
E. Limitations on Rentals. Spaces and mobile homes in a senior mobile home park overlay district shall be rented only to occupants who meet the senior occupancy requirements set forth in subsection (A) of this section; provided, however, that the occupants of a space or mobile home who do not meet the senior occupancy requirement in subsection (A) of this section have rented a space and/or mobile home in a senior mobile home park before the effective date of this section and continue to occupy that space and/or mobile home following the effective date of this section, they shall be allowed to remain in that senior mobile home park; and provided further, that when such occupant(s) cease to occupy that space and/or mobile home, the mobile home and space shall be rented to occupants who meet the senior occupancy requirement in subsection (A) of this section.
F. Minimum Design and Performance Standards. The signage, advertising, leases, rental agreements, and park rules and regulations for spaces in a mobile home park in the Senior Mobile Home Park Overlay Zone (MH-S) shall state that the park is a senior mobile home park.
G. Annual Certification. Each senior mobile home park shall have procedures for verifying that it qualifies as a senior facility under applicable federal and/or state law and this section, including documentation establishing that at least 80 percent of the mobile homes or spaces in the mobile home park are occupied by at least one resident who is 55 years of age or older in accordance with subsection (D) of this section. These procedures shall provide for regular updates, through surveys, affidavits, or other means of updating the initial information supplied by the occupants of the mobile home park. Such updates must take place at least once every two years. A summary of this occupancy verification documentation shall be available for inspection upon reasonable notice and request by City officials.
The operator of each mobile home park in the Senior Mobile Home Park Overlay Zone shall, on an annual basis, provide to the City’s Housing Director a certification that the subject mobile home park is in compliance with the senior occupancy requirement of this section, in substantially the following form:
I [name] hereby certify, under penalty of perjury in accordance with California law that there is at least one occupant 55 years of age or older in [number of units] units of the total [number of units in the park] units in the [name of the seniors mobile home park] senior mobile home park. This certification is based on my personal knowledge of the residents, evidence provided to me in the form of official government documents containing specific information about the current age of the residents, resident affidavits, or age certifications made by residents in their current lease agreements.
The City’s Housing Director shall establish the deadline for filing the annual certification, which, to the extent possible, shall be coordinated with the timing of filings as may be required pursuant to the City’s mobile home rent stabilization program.
H. Violations. Failure to comply with the requirements of this section shall constitute a violation of the ordinance codified in this section, and be subject to enforcement and the remedies provided in Chapters 1.10 through 1.16 of the Petaluma Municipal Code. (Ord. 2865 § 3, 2023.)
5.070 Downtown Housing and Economic Opportunity Overlay Zone.
A. Purpose. It is the intent of the Downtown Housing and Economic Opportunity Overlay Zone to facilitate the development of residential uses, provide for orderly economic development, ensure the preservation of historic buildings, cultural resources, and the Commercial Historic District, strengthen and expand pedestrian activity through new design and land use controls, and incorporate sites with the greatest opportunity for redevelopment activity. The regulations established for this district shall apply to any property described in Section 5.070(B) to include the development of new floor area or new buildings, of any size.
B. District Boundary. The proposed Downtown Housing and Economic Development Overlay shall apply to Subarea A as shown in Figure 5.1 below. The boundary of the Downtown Housing and Economic Opportunity Overlay Zone is generally described follows:
1. Subarea A. Thirteen parcels within two city blocks bounded by B Street, Petaluma Boulevard South, D Street and 4th Street;
Figure 5.1 District Boundary Downtown Housing and Economic Development Overlay
C. Ground Floor Uses, Pedestrian/Façade Activation Zone and Ground Floor Residential Use Zone. To continue the land uses and forms established by the parcels that abut or confront the subarea and to allow for specific land uses and the design of new buildings to reflect the characteristics and the context of the subarea, a Pedestrian/Façade Activation Zone and Subarea A Ground Floor Residential Use Zone will apply to the subarea.
1. Pedestrian/Façade Activation Zone and Ground Floor Residential Use Zone Established. A Pedestrian/Façade Activation Zone and a Ground Floor Residential Use Zone are established as shown in Figure 5.2. Land uses and ground floor development standards apply as provided for in this section.
2. Purpose. The Pedestrian/Façade Activation Zone is intended to enhance the pedestrian experience to ensure that new buildings are occupied by pedestrian-oriented uses and that they present attractive building facades in specific locations to reflect the land use pattern and vibrancy of active pedestrian-oriented streets established in the historic core of the downtown. The Ground Floor Residential Use Zone is intended to create new opportunities for residential development and to provide a land use transition from the retail and service uses provided in the downtown core to the lower-intensity retail and residential areas beyond the downtown.
3. Pedestrian/Façade Activation Zone. Permitted uses in any new ground floor area within 30 feet of the public right-of-way in the Pedestrian/Façade Activation Zone shall be as follows, and each use, as used in this section, shall be deemed a ground floor activating use:
a. Artisan Shop;
e. Fitness/Health Facility;
f. Restaurant, Café, Coffee Shop;
g. General Retail, 25,000 sf or Less;
h. Studio - Art, Dance, Martial Arts, Music, etc.;
i. Groceries/Specialty Foods, 25,000 sf or Less.
4. Ground Floor Uses. New ground floor area not identified as a Pedestrian/Facade Activation Zone may be occupied by any use identified in Table 4.3 of Chapter 4.
5. Multi-Family Residential Allowed in Specific Locations. Multi-family residential uses shall be a permitted use on the ground floor in any portion of a parcel that is not within the Pedestrian/Façade Activation Zone.
6. Pedestrian/Façade Activation Development Standards. Additional development standards apply to the ground floor facades of the portion of new building or new floor area constructed within the Pedestrian/Façade Activation Zone. These development standards are provided in Table 5.1, below.
Table 5.1. Pedestrian/Façade Activation Development Standards
Feature | Standard | Applies to First Floor |
|---|---|---|
Storefront Transparency, minimum glazing | 60 percent | Facades facing sidewalks, pedestrian walks, or publicly accessible outdoor spaces |
Blank Walls, maximum length | 30’ | Facades facing sidewalks, pedestrian walks, or publicly accessible outdoor spaces |
Interior Partitions or shelving above 36” in height when parallel with storefront, minimum setback | 30’ | Tenant spaces facing sidewalks, pedestrian walks, or publicly accessible outdoor spaces; Does not apply to any partition that is perpendicular to the storefront or any shelving that is abutting a wall |
Window Signs, maximum coverage | 15 percent | Windows facing sidewalks, pedestrian walks, or publicly accessible outdoor spaces |
Figure 5.2 Subarea A, Pedestrian/Facade Activation Zones + Residential Allowed Zones
D. Development Standards, General. Development standards in the Downtown Housing and Economic Development Overlay Zone shall be as provided for in Table 4.10 of Chapter 4, except as provided for in Table 5.2, below.
Table 5.2. Development Standard
Front | 0' |
Rear | 0' |
Street-side | 0' |
Interior Side | 0' |
Height1 | 45' Max |
With Conditional Use Permit2 | 60' Max |
With Conditional Use Permit3 | 75' Max |
Minimum Ground Floor Height | 14' floor-to-floor for any Building over 45' |
Stepbacks | Per Tables 5.2 through 5.4 |
80% Max | |
With Conditional Use Permit4 | 100% Max |
2.5 Max | |
Notes:
1Under the Overlay, new buildings to be constructed above the 45-foot height limit would not be subject to the height exceptions provided for in Section 12.020.
2Additional height above 45 feet may be granted, subject to subsection (F) of this section.
3Additional height above 60 feet may be granted, subject to subsection (G) of this section.
E. Development Standards, Stepbacks Apply. Upper floor stepbacks apply as shown in Tables 5.3 to 5.5 to require that any portion of a building above a certain height be separated from a property line. As used in this subsection, the “primary street frontage” stepbacks provided in Tables 5.3 to 5.5 apply to any parcel that abuts Petaluma Boulevard South, Kentucky Street, Fourth Street, Western Avenue, and Washington Street, and “other street frontage” is any other street. The stepbacks shall include usable balconies, usable open space, or be landscaped, and may not be used for mechanical equipment, storage, or other non-active uses.
Table 5.3. Stepback: General
Stepback (Based on Building Height) | |||
|---|---|---|---|
0-45’/4-stories | Above 45’/4-stories (whichever is less) | Above 60’/5-stories (whichever is less) | |
Primary Street Frontage | NA | 8’ Min | 16’ Min |
Other Street Frontage | NA | 5’ Min | 5’ Min |
Table 5.4. Stepback: Confronting a Residential Use
Stepback (Based on Building Height) | ||
|---|---|---|
0-30’/2-stories | Above 30’/2-stories (whichever is less) | |
Primary Street Frontage | NA | 10’ Min |
Other Street Frontage | NA | 5’ Min |
Note:
1Additional 10’ stepback to be applied for every story above 30’/2-stories.
Table 5.5. Stepback: Abutting Historic Resource
Stepback (Based on Building Height) | ||||
|---|---|---|---|---|
0-30’/2-stories | Above 30’/2-stories (whichever is less) | Above 45’/4-stories (whichever is less) | Above 60’/5-stories (whichever is less) | |
Primary Street Frontage | NA | 0’ | 8’ Min | 16’ Min |
Other Street Frontage | NA | 0’ | 5’ Min | 5’ Min |
Interior Side, abutting historic resource | NA | 10’ Min | 10’ Min | 10’ Min |
Rear, abutting historic resource | 0’ | 8’ Min | 8’ Min | 8’ Min |
F. Criteria to Exceed 45 Feet. The Planning Commission may approve a conditional use permit to allow for additional height up to 60 feet pursuant to the findings listed in this subsection and the review criteria set forth in Section 24.060(E):
1. That the additional height is consistent with the applicable purposes of the Overlay;
2. That the additional height makes a positive contribution to the overall character of the area and that the building will be compatible with its surroundings. The “positive contribution” and “compatibility” will be assessed using a combination of visual studies, line-of-sight drawings, photo simulations, 3-D modeling, and view shed analysis;
3. That the additional height would not adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship in terms of harmony and appropriateness with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural, or aesthetic interest or value of the district;
4. That the additional height will not result in unreasonable restrictions of light and air to adjacent properties or the public right-of-way, or otherwise be detrimental to the public health, safety, or welfare;
5. That the building design expresses a relationship to an existing datum line or lines of the street wall or adjacent historic resource, if any; and
6. That the overall building design and the use of the site demonstrate exceptional architecture/design. “Exceptional” architecture/design may be demonstrated by at least three of the following:
a. The use of innovative, creative or original architectural concepts, materials, or building techniques;
b. The use of visual elements that contribute positively to the built environment, such as well-proportioned facades, pleasing materials, and unique features;
c. The use of innovative building systems or forms, and/or the use of creative design, to increase building efficiency and to reduce energy consumption;
d. The use of low impact development and green infrastructure features in sustainable design and landscaping; or
e. The use of high-quality building materials that contribute to long-term durability and visual quality.
The determination of exceptional architecture/design shall be guided by the input of a qualified professional chosen by the City.
G. Criteria to Exceed 60 Feet. The Planning Commission may allow for additional height up to 75 feet, if a conditional use permit is granted per subsection (F) of this section, and when a proposed project includes at least one of the community benefits described in subsections (G)(1) and (G)(2) of this section, and one of the community benefits described in subsection (G)(3), (G)(4), or (G)(5) of this section:
1. Improves the existing streetscape by providing widened sidewalks, additional street trees, new mid-block walkways/paseos, public plazas, parks, etc. For a project that would widen the sidewalk by increasing the ground floor building setback, a public outdoor amenity space shall be included in the design, and this space shall be designed and configured to provide adequate space for pedestrian movement and activity; or
2. Provides publicly accessible private open space, such as a street-level park or rooftop open space that is open to the public at least eight hours per day and at least 120 days per year; and
3. Respects and/or preserves cultural, historical, or archaeological resources that exist or occur on site or within the Overlay; or
4. Exceeds the minimum number of inclusionary dwelling units required by Section 3.040; or
5. Provides all required parking below grade.
H. Criteria to Exceed 80 Percent Lot Coverage. The Planning Commission may approve a conditional use permit to allow for additional lot coverage of up to 100 percent pursuant to the review criteria set forth in Section 24.060(E), if any one or more of the following are true for a project:
1. The development improves the existing streetscape by providing widened sidewalks, additional street trees, new mid-block walkways/paseos, public plazas, parks, etc.;
2. The additional lot coverage would reflect the prevailing development pattern established by the existing development within the block or abutting block;
3. The development includes adequate provision for recycling and solid waste;
4. The development includes adequate space for street trees; or
5. The development includes other measures to enhance the pedestrian environment.
I. Jobs/Housing Balance. Any application for a nonresidential project or a mixed use project with a nonresidential component that seeks to build above 45 feet pursuant to Section 5.070(F) must include an analysis of the impact of the project on the jobs-housing balance in the City, including how much demand for affordable housing the project will create as compared to the amount of affordable housing created as part of the project.
The analysis shall be based on available pertinent information including information provided by the applicant estimating the number of permanent jobs to be created in the operations of the project, type of job (part-time or full-time), wages, and benefits. The developer may submit updated information to the City at any time during the application process.
This additional information is to allow the City, to the extent reasonably possible to disclose the foreseeable impact of the project on the jobs-housing balance in Petaluma.
J. Sunset Provision. Unless otherwise amended by the City Council, the ordinance codified in this section shall expire on the effective date of a zoning ordinance that implements the adopted 2040 General Plan. (Ord. 2907 § 4, 2025; Ord. 2906 § 4, 2025; Ord. 2900 § 5 (Exh. C), 2025.)
5.080 Fairgrounds Overlay Zone.
A. Purpose and Intent. The purpose and intent of the Fairgrounds Overlay Zone is to allow operation of existing uses on the City-owned Fairgrounds property, provide specifications for establishment of new, beneficial uses of the Fairgrounds, including temporary uses, permanent uses and structures and site improvements as set forth in subsection (D) of this section, consistent with the Guiding Principles adopted in City Council Resolution 2022-167 N.C.S., and to ensure ongoing operation of the site and its uses is in the best interest of the public health, safety, and welfare while a master plan and associated land use policies and zoning are prepared and adopted for the Fairgrounds property.
B. District Boundaries. The proposed Fairgrounds Overlay Zone applies to areas of the City-owned property, generally referred to as the Fairgrounds, identified as Assessor’s Parcel Numbers (APNs) 007-031-004 and 007-031-005 and zoned Civic Facility (CF) and Mixed Use 1B (MU1B) as shown in Figure 5.1. The boundaries of the Fairgrounds Overlay Zone are generally described as follows:
The Fairgrounds Overlay Zone is generally bounded by East Washington Street to the west, Kenilworth Drive to the north (excluding the area known as the Petaluma Swim Center), APNs 005-010-008, -037, -038, -039, 005-020-049, and 007-473-042 to the east, and Payran Street to the south (excluding the area known as the Petaluma Regional Library, Kenilworth Teen Center, and Kenilworth Park).
Figure 5.1 District Boundaries – Fairgrounds Overlay Zone
C. Definitions.
1. Mobile Vendor. A transient business selling goods in the City in a manner that is intended to be temporary or is capable of being moved from one location to another.
2. Public Benefits. Examples of public benefits concerning uses within the Fairgrounds Overlay Zone include, but are not limited to, uses that: have an educational component; provide access to arts and cultural programs and events; offer recreational opportunities; improve transit access and mobility options; and any other uses that help support maximizing public access to and use of the Fairgrounds property, and/or that promote the public health, safety, welfare, and sustainability consistent with the City Council’s adopted Guiding Principles concerning the Fairgrounds.
3. Site Improvements. Horizontal improvements made on the land such as landscaping, drainage, circulation, parking, utilities, signage, and fencing.
4. Temporary Use. A use of land that is designed, operated and occupies a site for a limited period of time, typically 60 days or less.
D. Existing and New Permitted Uses and Activities.
1. Existing Uses Permitted. The existing uses listed in Table 5.1 are expressly permitted within the Fairgrounds Overlay Zone, subject to the terms and conditions in applicable license agreement(s) between the City of Petaluma and licensee(s). In addition to the terms and conditions in license agreements and other permits or other authorizations issued by the City to allow use of the Fairgrounds, all such licenses, permits or other authorizations allowing use of the City’s Fairgrounds property shall also be subject to the requirements in subsections (D)(1)(a) through (D)(1)(e) of this section.
Table 5.1.
a. Modifications to Existing Permitted Use. Permitted uses existing as of the effective date of this section or subsequently approved in accordance with this section shall not be enlarged, extended, or relocated except as expressly authorized in accordance with the applicable license agreement, and applicable regulations in the Zoning Ordinance.
b. Change of Existing Permitted Use. Permitted uses existing as of the effective date of this section or subsequently approved in accordance with this section shall not be changed to another permitted use, except as allowed in accordance with Section 22.030(C), and subject to a license agreement, permit, or other City authorization.
c. Change of Operator. Permitted uses existing as of the effective date of this section or subsequently approved in accordance with this section shall not be transferred from one operator to another without prior approval by an authorized City official or body, subject to a new or amended license agreement, permit, or other City authorization.
d. Discontinuation of a Use. Absent express authorization of an authorized City official or body, a use shall be considered abandoned and may not be renewed but shall require a new use application and issuance of a new authorization in accordance with all applicable requirements of subsection (D)(2) of this section if such use has been discontinued for a period of three months or more.
e. Maintenance and Repair. Nothing in this section shall be deemed to prohibit normal maintenance and repair of any use or structure permitted pursuant to this section, subject to all requirements of any applicable license, permit or other City authorization, or the carrying out, upon the issuance of a building or other permit as required for structural alterations, demolition or other alterations necessary or desirable in the interest of public safety as determined by an authorized City official or body. Where applicable, modifications to existing structures and site improvements shall address historic eligibility of the structure or improvement as set forth in the Sonoma-Marin Fairgrounds Historic Resources Documentation, prepared by Page and Turnbull, July 1, 2022, and shall carry out modifications in a manner that will not result in a substantial adverse change in the significance of a historic resource. Where applicable, a Historic Site Plan and Architectural Review (HSPAR) or Site Plan and Architectural Review (SPAR) permit shall be obtained for exterior modifications meeting the criteria set forth in Section 24.050.
2. Annual Sonoma-Marin Fair. The Sonoma-Marin Fair shall be permitted to operate, subject to the terms and conditions in applicable license agreement(s) between the City of Petaluma and licensee(s), and all applicable requirements of this section and applicable law, including applicable rules and regulations of the City.
3. Temporary Uses. The Planning Director may approve a Zoning Permit for temporary uses in the Fairgrounds Overlay Zone in accordance with applicable requirements in Section 7.070.
4. New Public Benefit Uses Allowed Administratively. The Planning Director may approve a minor use permit to allow new uses that are not otherwise allowed pursuant to subsection (D) of this section in the Fairgrounds Overlay Zone pursuant to the findings set forth in Section 24.060(E) and affirmative findings that:
a. The use will not involve construction of new permanent structures.
b. The use is consistent with Guiding Principles adopted in City Council Resolution 2022-167 N.C.S.
c. The use provides a public benefit.
d. The use satisfies all applicable requirements of this section, and is subject to a license agreement, permit, or other City authorization as approved by an authorized City official or body.
5. New Uses Allowed by City Council. The City Council, upon recommendation of the Planning Commission may approve new conditional use permits for new uses on the City’s Fairgrounds property that are currently otherwise permitted by right or conditionally permitted within the base zoning districts in which they are located. Such approvals shall be subject to and in accordance with the review criteria and findings set forth in Section 24.060(E), and additional affirmative findings that:
a. The use is consistent with the Guiding Principles adopted in City Council Resolution 2022-167 N.C.S.
b. The use provides a public benefit.
c. The use satisfies all applicable requirements of this section, and is subject to a license agreement, permit, or other City authorization as approved by an authorized City official or body, subject to approval of the use by the City Council.
6. Major Site Improvements. The City Council, upon recommendation of the Planning Commission, may approve a Site Plan and Architectural Review (SPAR) permit to allow major site improvements such as new construction of buildings in the Fairgrounds Overlay Zone pursuant to the findings set forth in Section 24.050(E). The Director may grant administrative site plan and architectural review approval to minor additions or modifications, or may refer such development proposals to the Planning Commission.
E. Prohibited Uses and Activities.
1. New Permanent Structures and Uses. No new permanent structures, other than those permitted in accordance with subsection (D) of this section, shall be permitted within the Fairgrounds Overlay Zone.
2. New Uses. No new uses, other than those permitted in accordance with subsection (D) of this section, shall be permitted within the Fairgrounds Overlay Zone. (Ord. 2877 § 4 (Exh. A), 2024.)