[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. Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
CONDITIONAL USE
A use that would become harmonious or compatible with neighboring
uses through the application and maintenance of qualifying conditions.
CONDITIONAL USE PERMIT
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.
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 (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.
[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.