San Benito City Zoning Code
SECTION 14
CONDITIONAL USE PERMIT
§ 14.01 Purpose.
The purpose of the regulations described by this Section is to allow the compatible and orderly development within the City of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time.
(Ordinance 2252 adopted 7/1/14)
§ 14.02 Permit Required.
A permit is required for all Conditional Uses. This permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this Ordinance. The conditions may be recommended by the Planning and Zoning Commission to the City Commission for consideration and possible approval.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-B adopted 4/18/2023)
§ 14.03 Application Filing Procedures.
Application shall be made by the property owner or certified agent to the Director of Planning on a form prescribed for this purpose by the City. Application shall be accompanied by drawings as set forth in this section.
Granting a Conditional Use Permit does not exempt the applicant from complying with requirements of the Building Code or other ordinances.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 14.04 Site Plans Required.
A.
Purpose.
The purpose of the site plan is to: 1) to insure compliance with the Zoning Ordinance; 2) to assist in the orderly and harmonious development of the City; 3) to protect and enhance the general welfare; and, 4) to help prevent the impairment or depreciation of land values and development.
B.
Contents.
The Site Plan shall contain drawings to scale and indicate: (1) the location of all structures on the subject property and on adjoining property; 2) landscaping and/or fencing of yards and setback areas and uses of landscaping and/or walls or fences for screening purposes; 3) design of ingress and egress to minimize interference with traffic flow on abutting streets; 4) off-street parking and loading facilities; 5) height of all structures; 6) proposed uses; and, 7) the location and types of all signs including lighting and heights.
(Ordinance 2252 adopted 7/1/14)
§ 14.05 Prerequisites for Approval by the Board.
A.
No "conditional use" shall be allowed without the strict compliance with the provisions of this section.
B.
The Planning and Zoning Commission after receipt of report and recommendations from the Planning and Development Department, may recommend to the City Commission a conditional use subject with appropriate conditions and safeguards, when, after public notice and a hearing, the Planning and Zoning Commission finds that:
1)
The proposed use meets all the minimum standards established in this ordinance for these types of uses;
2)
The proposed use is harmonious with the purpose and intent of this ordinance and the plan for the physical development of the district, as embodied in the Comprehensive City Plan or part thereof adopted by the City Commission;
3)
The proposed use will not be detrimental to the health welfare, and safety of the surrounding neighborhoods, occupants or property;
4)
The use is consistent with the purpose of the zoning district;
5)
The value of the adjoining property will not be negatively impacted greater than that anticipated from other permitted uses in this district;
6)
The proposed use is in harmony with the surrounding land use;
7)
Public services and facilities are adequate to serve the proposed use;
C.
The Board of Adjustments may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this ordinance and to mitigate the adverse effects of the proposed use. These requirements may include, but are not limited to:[1]
1.
increased open space
2.
loading and parking requirements
3.
suitable landscaping
4.
additional improvements such as curbing and sidewalks
5.
garbage collection system; and
6.
noise reduction
[1]
Original has this as Subsection F.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14; Ordinance 2573 adopted 5/19/20; Ordinance 2252-B adopted 4/18/2023)