A. Except as otherwise provided in this Section, the City Council shall review the Application and supporting data within thirty (30) days of the date the Application is filed with the City Planning Department.
B. The City Council may approve, conditionally approve, or deny the Application based on the following criteria:
1. Whether the proposed Revocable License is likely to interfere with the use of any current or planned street, sidewalk, utility infrastructure, or other public improvements.
2. Whether the proposed Revocable License is likely to threaten public health, safety, or welfare.
3. Whether the proposed Revocable License is likely to frustrate the ability of the City to fulfill any goals or objectives in the Master Plan.
4. Whether the proposed Revocable License will lead to Licensee's improvements becoming integrated into the Licensed Area, creating practical difficulties if the Revocable License is revoked.
5. Any other reason determined by the City Council to be in the best interest of the public.
C. Notwithstanding the foregoing, pursuant to Resolution 03-22, adopted by the City Council on January 25, 2022, Revocable License Applications for property along Idaho Street between VFW Drive on the west and 30th Street on the east may be reviewed and decided administratively by City Staff, subject to the following requirements:
1. The following improvements within City rights-of-way associated with the abutting business or commercial activity shall require a Revocable License: backflow prevention devices, grease interceptors, directional or advertising signs, landscaping and irrigation systems, displays for automotive or similar sales, off-street parking (provided the parking is surplus and exceeds that required by the City Code), lighting, and other infrastructure as required by the abutting business or commercial activity.
2. Any structures, displays or parking occupying the right-of-way shall be set back a minimum of sixteen (16) feet from the improved roadway section (back of existing or future sidewalk) to ensure adequate sight distance and visibility for entering and exiting vehicles.
D. The following requirements shall apply to Licensees that are issued administratively by City Staff:
1. City Staff shall review the Application within thirty (30) days of the date the Application is filed with the City Planning Department.
2. City Staff may approve, conditionally approve, or deny the Application based on any of the criteria set forth in Section 8-22-5(B), above. All findings supporting a decision by City Staff to place conditions on or deny an Application shall be in writing and provided to the Applicant.
3. The Applicant may appeal to the City Council a decision by City Staff to place conditions on or deny an Application by filing a notice of appeal with the City Planning Department within thirty (30) days of the date the written findings of City Staff are provided to the Applicant. (Ord. 881, 3-28-2023)