The purpose of the regulations described by this subchapter is to allow the compatible and orderly development, within the city, of uses that may be suitable only in certain locations in a zoning district, if developed in a specific way or only for a limited period of time.
(A) Permit required. A use permit is required for all conditional uses as set forth in the conditional use paragraph of each zoning district. At no time may a structure or property be adapted to a conditional use without first obtaining a conditional use permit. A permit may not be issued for any conditional uses not specified in the zoning district without first amending the Zoning Ordinance to permit the conditional use.
(B) Approval, procedure, responsibility and appeals. Conditional use permits shall be considered for approval as an amendment to the Zoning Ordinance and shall be approved as provided in division (D) below.
(C) Application, filing procedures and fees. Requirements for application of conditional use permit:
(1) Applicant for conditional use permit must be the property owner, as recorded with the Rockwall or Kaufman County Appraisal Districts, or the property owner's designated representative;
(2) A conditional use permit may be used only by the applicant/property owner. A change in property ownership prior to completion requires a new application by the new property owner;
(3) Plot plan of lot or parcel of land showing the main building, proposed accessory building/structure, decks, patios, driveways, sidewalks, any and all existing or proposed improvements to the lot on a scale of one inch equals 20 feet (one inch = 20 feet scale);
(4) Floor plan on a scale of one-quarter inch equals one foot (one-quarter inch = one foot scale) of proposed accessory building/structure;
(5) Elevations on a scale of one-quarter inch equals one foot of proposed accessory building/structure;
(6) Photographs or elevation drawings of the main building (if available);
(7) Complete description of all materials to be used, including type of building foundation;
(8) Applications for a conditional use permit within the Towne Center Overlay District shall contain those checklist items listed in the "Retail/Office Site Plan in the Towne Center Overlay District" section in the city's site plan application with such checklist items to take precedence when in conflict with other requirements contained in this section; and
(9) Any other documentation required by the Planning and Zoning Commission or City Council necessary for their decision regarding the issuance of a conditional use permit.
(D) Requirements for approval. The City Council may permit a conditional use after review and recommendation by the Planning and Zoning Commission subject to appropriate conditions and safeguards when the Council finds:
(1) That the proposed use meets all the minimum standards established in this subchapter and other applicable ordinances;
(2) That the proposed use meets the intent of the district in which it is located, and is in accordance with the comprehensive plan; and
(3) That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor by substantially or permanently injurious to the neighboring property.
(E) Development, revocation and/or automatic cancellation of permit. If a conditional use permit has not been used within six months after the date granted, the City Council reserves the right to institute public hearings to revoke and cancel such permit.
(F) Period of conditional use and renewal. The City Council may attach a term limit to a conditional use permit. If an application for a building permit is not made within one year from the date of the approved conditional use permit, the conditional use permit shall be null and void. If the conditional use permit does have a time limitation attached, the expiration date shall be set forth. Any permittee wishing a renewal of such permit for successive time periods shall make application for renewal to the City Secretary or his or her designated representative, not less than 20 days before the permit expires. If, after proper inspection, the city finds that the conditions of the original permit are being met, and there have not been any complaints of noncompliance, the permit may be renewed by the Planning and Zoning Commission for the same time period as approved by the City Council originally. If there is evidence of, or complaints of noncompliance, then renewal of the permit must follow the same procedures and notification as the issuance of a new permit, and may be renewed by the Planning and Zoning Commission and City Council.
(G) Conditions of conditional use.
(1) Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, wires, underground utilities and lift stations shall be established in the District without a conditional use permit.
(2) Churches, schools, railroads, and other conditional uses automatically allowed in each District by state law, but required within a district to obtain a conditional use permit, must be issued a conditional use permit subject to the use meeting reasonable requirements imposed under this section.
(3) Private club conditions shall be determined by City Council by separate ordinance.
(4) Bed and breakfast inns and boutique hotels shall only be considered for the Towne Center Overlay District § 159.29.
(5) The Planning and Zoning Commission and City Council may impose additional restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.
(6) Wind energy systems and appeal for such systems subject to regulations in § 159.50.
(7) Buildings designed to exceed one story in height, and not to exceed two stories in height, and that are located inside the Towne Center Overlay District, shall require a conditional use permit from the City Council after receiving a recommendation from the Architectural Review Board and the Planning and Zoning Commission.
(H) Prior ordinances, effectiveness of. Prior to the passage of the ordinance, the City Council had established various specific use permits which are to be continued in full force and effect until such time of expiration as may be set forth in each such ordinance granting the specific use permit. The ordinances, or applicable parts of ordinances listed in the Appendix, which is on file in the City Secretary’s office, are carried forth in full force and effect as specific use permits and are the conditions and regulations which apply to the respective specific use permits indicated on the zoning map at the date of passage of this chapter.
(2005 Code, § 12-4-1) (Ord. 000615, passed - - ; Ord. 010419D, passed - - ; Ord. 020905B, passed - - ; Ord. 101221A, passed 12-21-2010; Ord. 181211B, passed 12-11-2018; Ord. 210824A, passed 8-24-2021; Ord. 220927E, passed 9-27-2022)