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CD <br /> DEVELOPMENT PROCEDURE' <br /> m <br /> DIVISION 3: CONDITIONAL USE PERMIT Section 2.8.3.2 Application Requirements <br /> Section 2.8.3.1 Purpose,Applicability, Exceptions and A. A Conditional Use Permit application shall be prepared in <br /> Effect accordance with Section 2.3.1.1 <br /> A. Purpose.The purpose of a conditional use permit is to allow Section 2.8.3.3 Approval Process <br /> the establishment of uses which may be suitable only in certain <br /> locations in a zoning district or only when subject to standards A. Responsible Official Action <br /> and conditions that assure compatibility with adjoining uses. 1. The Responsible Official shall provide personal notice of <br /> 1. Conditional uses are those uses which are generally a public hearing in accordance with Section 2.3.2.1 and <br /> compatible with the permitted land uses in a given Table 2.1. <br /> zoning district, but which require individual review of 2. The Responsible Official shall provide posted notice of <br /> their proposed location,design and configuration,and a public hearing in accordance with Section 2.3.2.1 and <br /> the imposition of conditions in order to ensure the Table 2.1 for a CUP related to the on-premise consumption <br /> appropriateness of the use at a particular location within a of alcohol or a CUP related to purpose built student <br /> given zoning district. housing. <br /> B. Applicability.A conditional use permit is required to use or B. Planning and Zoning Commission Action. Conditional <br /> develop property within the city limits for any use designated use permits shall be decided by the Planning and Zoning <br /> as a"conditional" use in Sec.5.1.1.2 of this Development Commission, subject to appeal to City Council, unless <br /> Code for the zoning district in which the property is located. otherwise stated in this Development Code. <br /> C. Effect. 1. The Planning and Zoning Commission shall conduct a <br /> 1. Approval of a conditional use permit authorizes the use public hearing on the application in accordance with <br /> or development of the property in accordance with the Section 2.3.3.1. <br /> conditions of the permit. 2. The Planning and Zoning Commission shall determine <br /> 2. Approval of a conditional use permit shall be deemed to whether to approve,approve with conditions or <br /> authorize only the particular use for which the permit is modifications, or deny the permit. <br /> issued and shall apply only to the property for which the 3. The Planning and Zoning Commission may require <br /> permit is issued(i.e.,it is not personal to the applicant). modifications in the proposed use and attach conditions to <br /> 3. No conditional use shall be enlarged, extended, increased the conditional use permit deemed necessary to mitigate <br /> in intensity or relocated unless an application is approved adverse effects of the proposed use and to carry out the <br /> for a new conditional use permit in accordance with spirit and intent of this Section. <br /> the procedures set forth in this Section. Initiation or C. City Council Action.Conditional use permits expressly <br /> development of the use shall not be authorized until the determined by this code to be decided by the City Council shall <br /> applicant has secured all the permits and approvals first receive a recommendation by the Planning and Zoning <br /> required by this Development Code. Commission then follow the procedure below: <br /> 4. Any conditional use shall require compliance with all 1. The City Council shall conduct a public hearing on the <br /> conditions of such conditional use permit, all conditions application in accordance with Article 3, Division 3 of this <br /> generally applicable to conditional uses under this Chapter 2. <br /> Development Code, and all conditions applicable to the <br /> specific conditional use under this Development Code. <br /> 2:46 San Marcos Development Code Adopted April 17,2018 <br />