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A. The building official shall ensure compliance with this chapter and the conditional use permit. He shall:
1. Make inspections to determine compliance with the provisions of this chapter and the conditional use permit, and initiate appropriate action if necessary.
2. Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the conditional use permit.
B. Upon determination of noncompliance with the provisions of the conditional use permit, the building official shall take action as follows:
1. Give written notice to the permit holder of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten (10) days nor more than thirty (30) days after the date of notification, within which to comply.
2. Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.
3. Appeal shall be in accordance with this title.
C. The planning and zoning commission, after due hearing, may revoke any conditional use permit that has been reported in violation by the building official. Continued use without a conditional use permit will be a violation of this chapter and subject to the penalties provided in this code.
D. If a conditional use permit has not been used within six (6) months after the date granted, the permit is automatically canceled. (Ord. 95-04-04, 4-4-1995)
A conditional Use permit for home occupations, bar or lounge and daycare facilities shall have a time limit of not more than one year unless otherwise approved by the Board of Commissioners. If the conditional use permit has a time limitation attached, the expiration date shall be set forth in the enabling and adopted CUP ordinance. Any permittee wishing a renewal of such conditional use permit for a successive time period shall file an application for renewal approximately thirty (30) days before the permit expiration date and shall meet the following conditions:
A. A one-hundred and fifty dollar ($150.00) renewal fee shall be paid by the permittee;
B. For applicable CUP items, the renewal for the conditional use permit shall be pursuant to normal public posting and mail-out protocol.
C. The City Building inspector and Fire Marshal shall always have the right to conduct a facility inspection on the CUPs’ premises to determine if the building is in compliance with prevailing building and fire codes; I
D. If no violations are found during the renewal/inspection process, and if no complaints meriting legitimacy have been filed at the City, then the renewal process proceeds administratively through the Department of Community Planning and Development for approval;
E. If, however, bona fide complaints were filed at the City; or the building is in moderate-to-severe violation of building, electrical, plumbing, mechanical and/or fire codes, then the renewal process must proceed to the Planning and Zoning Commission and the Board of Commissioners for consideration and action. (Ord. 10-05-03, 5-20-2003; amd. Ord. 142-11-24, 11-6-2024)
A. The requirements to be met for each use shall be as follows:
1. Home Occupations: The applicable conditions for home occupations shall include, but are not limited to, the following:
a. The area used in conducting the home occupation will be clearly secondary to the residential use.
b. One nameplate attached to the building not larger than two (2) square feet is permitted in all districts except R-1 single-family residential district.
c. There shall be no exterior display or alterations indicated that the building is being used for any purpose other than that of a dwelling.
d. There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.
e. There shall be no outside storage of materials or products.
f. The permitted use shall not create frequent or heavy traffic, not greater than ten percent (10%) of the average load per hour as determined by the traffic safety engineer of the city.
g. No retail sales (items can be delivered).
h. No additions to the residence or accessory buildings specifically to accommodate the business.
i. The business must take place in the primary residential structure on the property rather than in a detached garage or separate accessory building.
j. The activity must take place at the location for which the permit was issued.
2. Entertainment Establishments: Bars, cocktail lounges, taverns, cantinas, saloons, dance halls, discotheques, discos, or nightclubs:
a. The property line of the lot of any of the above mentioned businesses, especially those businesses having late hours (after 10:00 P.M.), must be at least three hundred feet (300') from the nearest residence, and/or church, school, or publicly owned (institutional) property. Such entertainment establishments must provide six feet (6') to eight feet (8') fence buffering so that the business is not visible from said residential/institutional areas; and provide sufficient soundproof insulation of the building such that the business cannot be heard from residential/institutional areas. Furthermore, such entertainment establishments must be designed to minimize damage of the character of nearby residential areas. Regarding the 300-foot regulation cited above, the Zoning Board of Adjustments shall not have stewardship for variance review but it shall be delegated to the Planning and Zoning Commission who may, under extenuating or special circumstances unique to the site or event, recommend waiver of the 300-foot requirement to the Board of Commissioners who shall have ultimate decision on the matter. On the occasion when a variance is sought to the 300-foot distance, the residential/institutional property owners within this radius shall be justly notified of the (CUP) public hearings; thus, the process being fully transparent and due process legitimately complied with.
b. The above mentioned businesses must be as close as possible to a major arterial, and shall not allow the traffic generated by such businesses onto residential streets, or allow such traffic to exit into and disrupt residential areas.
c. The above mentioned businesses must provide parking in accordance with the city off street parking ordinance as a minimum, and make provisions to prevent use of adjacent streets for parking, especially those in adjacent residential areas, by providing additional on site parking.
d. The above mentioned businesses must do everything possible to prevent the unauthorized parking by the patrons of such businesses on adjacent business or residential properties including, when necessary, the installation of fences and hedges, and the reorientation of entrances.
e. The above mentioned businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on the site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas, and the orientation of the building such that it provides maximum visibility of as much as possible of the site from a public street.
f. The above mentioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
3. Personal Wireless Service Facility: The applicable conditions for a personal wireless service facility include, but are not limited to:
a. Maximum height of pole or tower structure of one hundred twenty feet (120') within a commercial or industrial district;
b. Only one pole or tower structure allowed per lot within a commercial or industrial district;
c. Minimum spacing between poles and tower structures within commercial or industrial district of one thousand feet (1,000') measured in a direct line from another tower or structure;
d. Minimum setback of twenty five feet (25') from property line, ten feet (10') from side yard and ten feet (10') from rear, unless greater requirements as noted on subdivision plat;
e. Buffering of ground site including fence and landscape material required if pole or tower structure located within the front or side yard, or adjacent to a residential use or district;
f. The pole or tower structure will be constructed or installed with the capabilities of locating thereon additional personal wireless service facilities. The applicant agrees to cooperate with other personal wireless service facilities on permitted support structures. A permittee shall exercise good faith in collocating with other providers and sharing the permitted structure, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of collocation. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and permittee;
g. All conditional use applicants shall demonstrate reasonable efforts in developing a collocation alternative for their proposed personal wire service facility site;
h. Failure to comply with the collocation requirements of this section may result in the denial of a permit request or revocation of an existing permit.
4. Daycare Facilities: The applicable requirements for daycare facilities include, but are not limited to:
a. Must be licensed by the state of Texas;
b. Must have a minimum six foot (6') high fenced in area for outside activities of children;
c. Must have a privacy fence buffer between adjacent properties;
d. Must have off street paved area adjacent to street for pick up and delivery of children;
e. The building used for daycare facilities must be constructed to serve as a residential dwelling, and the building's exterior roof and facade must conform to the architectural characteristics and overall appearance of the residential district;
f. No part of a daycare facility shall be within a radius of one thousand feet (1,000') of another daycare facility, as measured from any point on the property line of each respective facility's property;
g. No daycare facility shall be permitted on a half street;
h. Daycare facilities which care for more than forty (40) children shall not be permitted in a residential district;
i. No on site signage of any kind shall be permitted to advertise the daycare facility other than a one square foot nonilluminated nameplate bearing the person's name and occupation may be displayed if attached flat against the front wall of the building;
j. If the person operating the daycare facility is not the owner of the property, then the application must be signed by the owner or a letter of authorization from the owner must be submitted.
5. Parking facilities for nonresidential uses: The applicable requirements for parking facilities include but are not limited to:
a. Access shall not be granted through the residential neighborhood street or lot frontage.
b. A minimum six feet (6') opaque buffer fence (Block, Brick or Cedar) shall be installed to divide the residential uses from the non-residential uses.
c. The non-residential parking shall only be used during the hours of operation of the adjacent commercial business for which the additional parking is intended to serve.
d. Any proposed commercial lighting shall be affixed with downcast lighting to illuminate the parking area only and not to affect the residential areas.
e. Must be constructed of asphalt or concrete as required by the City's parking ordinance.
f. Shall provide an engineered drainage plan in order to ensure proper drainage that will not affect the residential properties.
g. Shall comply with the landscaping ordinance with a combination of trees, plants, shrubs, and grass areas.
h. Shall install any necessary sidewalks in compliance with ADA requirements.
i. Shall not be utilized for the parking of large commercial vehicles or semi-truck parking.
j. Shall comply with any other requirements imposed by the Planning and Zoning Commission and the Alamo Board of Commissioners.
6. Wrecker Services: The following regulations, though not all inclusive, shall be complied with:
a. Must be in full compliance of applicable provisions of Title 6, Chapter 6 - Wreckers, as these regulations pertain to State Inspections; vehicle safety certifications; annual fees and inspection fees; driver vetting and registration; insurance requirements; no delinquent taxes due on the vehicle storage facility; Police Chief assessment and approval protocol, including abiding by approved maximum towing service fees, or reasonable fees pursuant to circumstances of the accident/incident; being placed on the city's rotation list; plus all other measures of Chapter 6. However, in regard to Chapter 6, Sec. 6-6-7 Suspension or Revocation of Permit Hearing, this PD procedure shall defer to the Development, Revocation and/or Automatic Cancellation protocol as ordained by the Board of Commissioners in Title 10, Section 10-13-6 wherein the Police Department's evidentiary hearing can be included in this process.
b. Any and all proposed signage must be pre-approved pursuant to the City's Sign Ordinance and any applicable provision(s) of Title 6, Chapter 6, prior to issuance of the required sign permit.
c. Landscaping regulations will be applied should the subject site not be fully compliant to the commercial landscaping standard(s).
d. Drainage detention will be applied should the subject site not be fully compliant to the city's prevailing storm frequency requirement. An engineered plan can be required by the city, if the property's (proposed) impermeable surface is found extensive and may have a detrimental spillover effect to adjoining property/properties. After improving the wrecker property to its final occupancy status, the measure of permeable detention will substantially be the same as before improvement, i.e., there should be no substantial increased drainage flow onto adjoiners.
e. A business license/permit must be secured for the new wrecker service. In this process, the Building Codes, Fire Codes, Paving Codes, etc., will all be complied with. Also, if the Fire Marshal determines that the commercial use will require an additional fire hydrant, then this shall be installed by the applicant pursuant to the city's utility policies, and must be enabled prior to occupancy.
f. If the Planning Director determines that paved sidewalks are needed to maximize pedestrian safety and magnify neighborhood assimilation, then this may be imposed, and the sidewalk(s) constructed (or construction cost escrowed with the City of Alamo) prior to occupancy.
g. No wrecker CUP shall be transferable to any new owner(s); the prerequisite CUP public hearing requirements must be fully processed and complied with prior to activation by any new owner.
h. No CUP shall be issued to a wrecker service if it is within one-thousand feet (1000') to another wrecker service's vehicle storage facility (VSF), to be measured from nearest point to nearest point; except that on commercially zoned properties along U.S. Expressway 83 or U.S. Business Highway 83, and commercially zoned properties between said major thoroughfares east of Tower Road, the 1000' VSF interval may be suspended dependent on the applicant's site plan, especially as it pertains to uniform fencing/buffering. It is further expressed that should there be one (1) commercially zoned property that desires to house several VSFs within the specific boundaries just cited. this may be permitted during the CUP process, but only if there will be a uniformly built eight foot (8') fence/buffer that contains the multiple VSFs; thus. visually appearing to the normal passerby that the stored vehicles are in a single VSF. Any signage for multiple VSFs in a single property will afford only one tenant sign; the containment security fence will not have any markings. phone numbers, insignias, etc.
i. Security lighting shall be mandated of the wrecker service with strong inclination for internal downcast lighting, especially where there may be residential areas nearby. Adequate lighting must be evident so vehicle owners may satisfactorily inspect their vehicle for damages during evening hours.
j. Minimum six feet (6') opaque or solid buffer fence/wall shall be required around all the entire perimeter of the vehicle storage facility. As it pertains to CUP applicants, such buffering shall be constructed of wood fencing and/or masonry material on the property's side that is most visible to passing motorists and the general public; however, should circumstances warrant, similar type of buffering may also be imposed to the vehicle storage facility's other sides, too. At the facility's entry/exit gate, such buffering shall be indented sufficiently inward to allow for the wrecker vehicle(s) to temporarily park off-the-street while pending entry into the storage yard.
k. The vehicle storage facility shall have all-weather surface wherein stored vehicles are (temporarily) placed. Such all-weather surface material shall be considered 'impermeable' for square footage calculations as it relates to drainage detention purposes.
l. A wrecker CUP shall initially be approved for one (1) year, reflecting the intent of being commercially enabled for one year prior to re-assessment/possible renewal to provide a fair tenure to consider renewal. It is noted here that, pursuant to Title 10, Chapter 13, Sec. 10-13-6 (D), the applicant shall have six (6) months to fully activate and comply with all applicable wrecker regulations, or else the CUP shall be deemed null and void.
m. The City of Alamo reserves the right to impose other reasonable restrictions and measures to a wrecker CUP, at any time, in order to maximize assimilation to its neighborhood.
7. Vendors Market: The following regulations, though not all- inclusive, shall be complied with:
a. The location of a vendors market shall be on property that has a commercial zoning district.
b. The location of a vendors market may be within an enclosed facility or open-air parking lot or exterior paved area; if in a paved parking lot, the total number of ‘available’ parking spaces shall be sufficient for both the existing business(es) and the vendors market’s occupied areas. No CUP shall be approved if the number of ‘available’ paved parking spaces are depleted below the regulatory parking space criteria for the business(es) that use the same paved parking lot.
c. The hours of operation shall no earlier than eight (8:00) A.M. nor later than seven (7:00) P.M.
d. The applicant will assure that his/her vendors shall have valid food-handler’s certificates that may be verifiable by the County of Hidalgo Health Department authorities; copies of such will be provided to the City of Alamo’s Planning Department.
e. Paved parking shall be sufficient for the private vehicles of each vendor plus the overall square footage requirement for incoming patrons; the primary intent is to minimize or eliminate parking from occurring on adjoining street(s) or on parking lots of other neighboring commercial users (unless there is signed consent from said neighboring commercial users that such may occur) if it is observed that the parking is insufficient for the number of vendors accommodated, then either the number of permitted vendors must be eroded or additional paved parking must be secured via prevailing ordinances, i.e., written consent of any nearby commercial properties.
f. A business license for a ‘vendors market’ must be secured by the CUP applicant; thus, assuring that the prevailing zoning codes, building codes, and fire codes are complied with. In this regard, the Fire Marshal may or may not require additional fire hydrants to serve the facility, plus require that ‘fire lanes’ or ‘no parking’ be (re)painted in appropriate areas.
g. Sufficient accommodations must be made for garbage pick-up where the garbage container area will comply with prevailing city ordinances, including (as deemed applicable) to have the container buffered.
h. Should there be a required need to hire City of Alamo police officer(s), then said costs shall be privately paid by the applicant directly to the off-duty officer. The City of Alamo will not pay for its officers to provide security to a private business enterprise, within the context of this CUP process.
i. Provide a signed copy of any lease/rent agreement attesting the owner’s consent of occupancy and the terms thereby. In this regard, there shall be arrangements made for vendors and patrons to use the business’ restroom facilities. If this is not a viable option, then any port-a-potty must be shown on the CUP’s Site Plan; assuring that it is reasonably distant to nearby residences.
j. After one (1) year of operations and as a part of any CUP’s renewal, the City of Alamo may impose other reasonable conditions to further assimilate compliance of the subject site to the neighborhood; such improvements may include perimeter sidewalks, landscaping with trees/three (3) feet continuous landscape hedging, security lighting, etc.
k. There shall be no alcoholic beverages sold for on-site or off-site consumption whatsoever. Furthermore, no vendor shall consume any alcoholic beverage during the vendors market event.
l. Any signage must comply with prevailing sign code regulations; no ‘flag’ or v-type signs, etc., are permitted. (Ord. 95-04-04, 4-4-1995; amd. Ord. 1-18-00, 1-18-2000; Ord. 5-16-00, 5-16-2000; Ord. 15-09-10, 9-21-2010; Ord. 13-08-18, 8-7-2018; Ord. 03-01-21, - -2021; Ord. 06-02-21, 2-2-2021; Ord. 22-04-21, 4-20-2021; Ord. 86-11-22, 11-22-2022; Ord. 155-12-2024, 12-17-2024)