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DEVELOPMENT PROCEDURES <br /> 7.0m <br /> 2. The City Council shall decide whether to approve,approve 7. The proposed use incorporates features to minimize <br /> with conditions or modifications,or deny the permit. adverse effects, including visual impacts,of the proposed <br /> conditional use on adjacent properties; and <br /> 3. The City Council may require modifications in the <br /> proposed use and attach conditions to the conditional use 8. The proposed use meets the standards for the applicable <br /> permit deemed necessary to mitigate adverse effects of district,or to the extent variations from such standards <br /> the proposed use and to carry out the spirit and intent of have been requested,that such variations are necessary to <br /> this Section. render the use compatible with adjoining development and <br /> the neighborhood. <br /> D. Conditions Listed in Permit. Each approved conditional use <br /> permit shall list all applicable conditions. Section 2.8.3.5 Duration; Expiration; Suspension; <br /> Violation; Revocation <br /> Section 2.8.3.4 Criteria for Approval <br /> A. Duration. <br /> A. When considering an application for a conditional use permit, <br /> the Planning and Zoning Commission or City Council shall 1. A conditional use permit shall remain in effect until it <br /> evaluate the impact of the proposed conditional use on and expires, is suspended,or is revoked in accordance with <br /> its compatibility with surrounding properties and residential Section 2.3.7.5A(1 -4)as supplemented by Section <br /> areas to ensure the appropriateness of the use at the particular 2.8.3.5. <br /> location, and shall consider the extent to which: <br /> 2. Conditional Use Permits granted for on-premises <br /> 1. The proposed use at the specified location is consistent consumption of alcoholic beverages, unless otherwise <br /> with the policies embodied in the adopted Comprehensive specified by the Planning and Zoning Commission,shall <br /> Plan; remain in effect for the duration of the State TABC (Texas <br /> Alcoholic Beverage Commission) license or permit until <br /> 2. The proposed use is consistent with any adopted small the license or permit is canceled, revoked, or allowed to <br /> area plan or neighborhood character study for the area. expire,or until one of the following conditions occurs, <br /> 3. The proposed use is consistent with the general purpose after which the dispensing of alcoholic beverages for <br /> and intent of the applicable zoning district regulations; on-premises consumption requires issuance of a new <br /> Conditional Use Permit: <br /> 4. The proposed use is compatible with and preserves the <br /> character and integrity of adjacent developments and a. The State TABC license or permit is reissued under a <br /> neighborhoods,and includes Improvements either on-site different[license or] permit holder's name. <br /> or within the public rights-of-way to mitigate development b. The Conditional Use Permit is forfeited, suspended, or <br /> related adverse impacts,such as traffic, noise,odors, revoked in accordance with Section 2.3.7.1. <br /> visual nuisances, drainage or other similar adverse effects <br /> to adjacent development and neighborhoods; c. There is a significant change in the name of the <br /> establishment, or any physical or operational change <br /> 5. The proposed use does not generate pedestrian and in the business that increases off-site impacts to <br /> vehicular traffic which shall be hazardous or conflict with surrounding properties. <br /> the existing and anticipated traffic in the neighborhood; <br /> B. Expiration.A Conditional use permit shall expire if: <br /> 6. The proposed use incorporates roadway adjustments, <br /> traffic control devices or mechanisms,and access 1. A construction permit, if any,for the conditional use has <br /> restrictions to control traffic flow or divert traffic as may not been approved within one year of the date of approval <br /> be needed to reduce or eliminate development generated of the permit; <br /> traffic on neighborhood streets; <br /> 2. The construction permit subsequently expires; <br /> Adopted April 17,2018 San Marcos Development Code 241 <br />