Common use of Conditional Use Permit Clause in Contracts

Conditional Use Permit. Any non-residential uses permitted by Conditional Use Permit by the Zoning Ordinance in effect at the time the use is established, with the exception of any uses that are defined as Permitted Uses herein, provided that all such uses shall be primarily neighborhood serving goods, services, or retail uses. These neighborhood- serving nonresidential uses shall be active small-scale general or specialty establishments primarily serving residents or employees of the neighborhood, including guests of hotels located in the neighborhood (“Active Neighborhood Serving Uses”). A determination that a use constitutes an “Active Neighborhood Serving Use” shall be rendered by the City at the time of issuance of a business license for each such individual use and not thereafter. Restaurants are automatically to be deemed “Active Neighborhood Serving Uses.” For purposes of this Agreement, Active Neighborhood Serving Uses of not more than 5,878 square feet of usable area, not including subterranean storage areas, outdoor dining area, the transformer area, electrical room, bicycle parking areas, meter area, or refuse area, shall be deemed “small scale establishments.” Such uses, (a) may not commence until the requisite City discretionary planning approval and a business license are obtained, and (b) are not permitted above the ground floor.

Conditional Use Permit. Any non-residential uses permitted by Conditional Use Permit by the Zoning Ordinance in effect at the time the use is established, with the exception of any uses that are defined as Permitted Uses herein, provided that all such uses shall be primarily neighborhood serving goods, services, or retail uses. These neighborhood- neighborhood-serving nonresidential uses shall be active small-scale general or specialty establishments primarily serving residents or employees of the neighborhood, including guests of hotels located in the neighborhood (“Active Neighborhood Serving Uses”). A determination that a use constitutes an “Active Neighborhood Serving Use” shall be rendered by the City at the time of issuance of a business license for each such individual use and not thereafter. Restaurants are automatically to be deemed “Active Neighborhood Serving Uses.” For purposes of this Agreement, given the Property’s location in the Downtown Core Designation, Active Neighborhood Serving Uses of not more than 5,878 7,500 square feet of usable area, not including subterranean storage areas, outdoor dining area, the transformer area, electrical room, bicycle parking areas, meter area, or refuse area, shall be deemed “small scale establishments.” Such uses, uses (a) may not commence until the requisite City discretionary planning approval and a business license are obtained, obtained and (b) are not permitted above the ground floor.

Conditional Use Permit. Any non-residential uses permitted by Conditional Use Permit by the Zoning Ordinance in effect at the time the use is established, with the exception of any uses that are defined as Permitted Uses herein, provided that all such uses shall be primarily neighborhood serving goods, services, or retail uses. These neighborhood- serving nonresidential uses shall be active small-scale general or specialty establishments primarily serving residents or employees of the neighborhood, including guests of hotels located in the neighborhood (“Active Neighborhood Serving Uses”). A determination that a use constitutes an “Active Neighborhood Serving Use” shall be rendered by the City at the time of issuance of a business license for each such individual use and not thereafter. Restaurants are automatically to be deemed “Active Neighborhood Serving Uses.” For purposes of this Agreement, Active Neighborhood Serving Uses of not more than 5,878 5,500 square feet of usable area, not including subterranean storage areas, outdoor dining area, the transformer area, electrical room, bicycle parking areas, meter area, or refuse area, shall be deemed “small scale establishments.” Such uses, (a) may not commence until the requisite City discretionary planning approval and a business license are obtained, and (b) are not permitted above the ground floor.

Conditional Use Permit. Any non-residential uses permitted by Conditional Use Permit by the Zoning Ordinance in effect at the time the use is established, with the exception of any uses that are defined as Permitted Uses herein, provided that all such uses shall be primarily neighborhood serving goods, services, or retail uses. These neighborhood- neighborhood-serving nonresidential uses shall be active small-scale general or specialty establishments primarily serving residents or employees of the neighborhood, including guests of hotels located in the neighborhood (“Active Neighborhood Serving Uses”). A determination that a use constitutes an “Active Neighborhood Serving Use” shall be rendered by the City at the time of issuance of a business license for each such individual use and not thereafter. Restaurants are automatically to be deemed “Active Neighborhood Serving Uses.” For purposes of this Agreement, given the Property’s location in the Mixed Use Boulevard and Mixed Use Boulevard Low Designations, Active Neighborhood Serving Uses of not more than 5,878 11,000 square feet of usable area, not including subterranean storage areas, outdoor dining area, the transformer area, electrical room, bicycle parking areas, meter area, or refuse area, shall be deemed “small scale establishments.” Such uses, uses (a) may not commence until the requisite City discretionary planning approval and a business license are obtained, obtained and (b) are not permitted above the ground floor.