23.49.148

A. All conditional uses shall meet the following criteria: 1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. 2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacts cannot be mitigated satisfactorily. B. Parking garages providing accessory parking for residential uses located on another lot, and flexible-use parking garages providing short-term parking in South Downtown outside of the International Special Review District, may be permitted as conditional uses, if the Director finds that: 1. Unserved parking demand associated with existing or forecast future development within 1,000 feet of the proposed parking facility is sufficient to warrant construction of the facility; and 2. The garage will be operated in a manner such that substantial traffic associated with uses not located within the DMR zone will not be generated; and 3. The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and 4. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation. C. Accessory surface parking areas, where permitted as an administrative conditional use by Section 23.49.146 , and temporary flexible-use surface parking areas that were in existence prior to January 1, 1985, or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, may be permitted as conditional uses in DMR/C areas if the Director finds that: 1. Traffic from the parking area will not have substantial adverse effects on traffic circulation in the surrounding areas; and 2. The vehicular entrances to the parking area are located so that they will not disrupt traffic or transit routes; and 3. The traffic generated by the parking area will not have substantial adverse effects on pedestrian circulation; and 4. The parking area is screened and landscaped according to the provisions of Section 23.49.019 ; and 5. For temporary flexible-use surface parking areas, permits may be issued for a maximum of two years. Renewal of a permit for a temporary surface parking area shall be subject to the following: a. Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed; and b. Renewal shall be for a maximum of two years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and c. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires, and d. Signs at each entrance to the parking area stating the ending date of the permit shall be required. D. Public Facilities. 1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses. 2. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76 , Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. 3. Other Uses Permitted Uses in Public Facilities. Unless specifically prohibited, public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76 , Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. 4. Expansion of Uses in Public Facilities. a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking. b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76 , Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met. E. Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008 . F. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria: 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. (Ord. 126600 , § 12, 2022; Ord. 125558 , § 34, 2018; Ord. 123589, § 28, 2011; Ord. 123046, § 39, 2009; Ord. 122054, § 66, 2006; Ord. 119484, § 25, 1999; Ord. 118672, § 18, 1997; Ord. 116295 , § 18, 1992; Ord. 114623, § 10, 1989; Ord. 114202, § 6, 1988; Ord. 113279, § 17, 1987; Ord. 112522, § 21, 1985; Ord. 112519, § 24, 1985; Ord. 112303, § 3, 1985.)