A. Notwithstanding any other provision of this article, the director of planning and community development may issue a minor accommodation pursuant to the provisions of article 36 of this chapter to authorize a restricted use to occupy a space in a pedestrian oriented area with a width of up to thirty feet (30') provided that the director makes the following findings:
1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses;
2. Granting the request for a minor accommodation will leave ample space available for future retail uses and will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located;
3. The architectural style of the facade for the proposed restricted use is compatible with adjacent development and is consistent with the city's urban design policies;
4. A restricted use is appropriate for the proposed space because:
a. Structural constraints imposed by the design of the building are unduly restrictive on the use of the subject lease space thereby limiting the opportunity for retail or hotel uses in the proposed space; or
b. The configuration of the building in which the proposed space is located is not suited to pedestrian oriented retail uses and does not contribute to the pedestrian experience.
B. Notwithstanding any other provision of this article, the planning commission may issue a conditional use permit pursuant to the provisions of article 38 of this chapter to allow a restricted use to occupy any space subject to the provisions of this article. In addition to considering the criteria for conditional use permits set forth in article 38 of this chapter, the planning commission shall make the following findings:
1. The proposed restricted use is compatible with and will not result in any substantial adverse impacts to surrounding uses;
2. Granting the request for a conditional use permit will not result in an overconcentration of nonpedestrian oriented uses in the block in which the proposed restricted use will be located;
3. Granting the request for a conditional use permit will not adversely impact the public health, safety or general welfare and will leave ample space available for future retail growth in designated pedestrian oriented areas;
4. The configuration of the building in which the proposed space is located is not suited to pedestrian oriented retail uses and does not contribute to the pedestrian experience. (Ord. 81-O-1784, eff. 3-18-1981; amd. Ord. 02-O-2391, eff. 3-8-2002)