(A) Purpose. The purpose of a specific use permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Specific uses are generally compatible with the permitted uses in a particular zoning district, but they require individual review of their proposed location or design, and the imposition of conditions in order to ensure the appropriateness of the use at the particular location.
(B) Required. To utilize a tract for those purposes which are authorized as specific uses within each zoning district, a specific use permit is required from the Commission.
(C) Application.
(1) The application for a specific use permit must be made by the title holder or his or her attorney in fact.
(2) An application for a specific use permit shall be obtained from the City Clerk, and shall contain the following minimum information:
(a) Name, mailing address and contact telephone number of the applicant;
(b) Street address and legal description of the property for which the permit is to be obtained. The legal description, with recordation data, shall be determined from a copy of a deed presented by the applicant if there is any question on the part of the city as to the legal description or ownership;
(c) Zoning district of the property for which the permit is to be obtained;
(d) Statement of the use which will be made of the property and of proposed modification to the property or structures located thereon;
(e) The application shall be accompanied by maps and plans as specified in § 155.045. The maps and plans shall become a part of the application; and
(f) The applicant shall attest to the accuracy of all information given on or accompanying the application.
(D) Processing.
(1) The application, accompanying information and the nonrefundable filing fee shall be submitted after consultation with the Zoning Administrator.
(2) The Zoning Administrator shall review the application for completeness and for compliance with this chapter. Should additional information or modification to the application be necessary for the application to be complete, the Zoning Administrator will advise the applicant.
(3) Should the application be incomplete or in obvious violation of this chapter, or should the applicant refuse to make necessary modifications to bring the application into compliance, the Zoning Administrator shall deny the application and provide the applicant with a written statement as to the reason or reasons for the denial. Upon the denial, the applicant may appeal the denial to the Commission in writing, specifying reasons therefor and describing the specific relief the applicant is requesting.
(4) Upon acceptance and filing of an application, the following actions shall be taken.
(a) The Zoning Administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of the owners of all tracts of property in the city that are within 200 feet of any portion of the property for which the permit is requested.
(b) The Zoning Administrator shall determine the date of the next meeting of the Commission, not less than three full weeks and not more than seven full weeks from the date the application is accepted as complete, place the request on the agenda of the Commission, and schedule a public hearing thereon.
(c) The City Clerk shall send a written notice to the applicant and to each of the property owners on the list prepared under division (a) above, stating the purpose of the proposed permit; street address of the property for which the permit is requested; date, time and place of the public hearing before the Commission; and that comment about the request must be made in writing or verbally before the Commission. The notification letters will be mailed at least 11 days before the meeting of the Commission.
(d) The agenda of the Commission which includes the public hearing shall be posted in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).
(5) The Zoning Administrator shall present the following information to the Commission at the meeting before the public hearing begins:
(a) Any pertinent information bearing on the application that may not be evident from the application;
(b) Impact of approval of the request upon utility services, streets and parking, and upon the local area; and
(c) Any recommendations for conditions, modifications or any stipulations should the request be approved.
(6) Commission action:
(a) The Commission shall hold a public hearing pertaining to the application and shall receive written or verbal comments;
(b) The Commission may establish reasonable conditions of approval to be included in the permit, such as:
1. Requirements for special yards, lot sizes, open spaces, buffers, fences, walls or screening;
2. Requirements for installation and maintenance of landscaping or erosion control measures;
3. Requirements for street improvements and dedications;
4. Control of vehicular access, parking and traffic circulation;
5. Limits on signage;
6. Limits on hours or other characteristics of operation;
7. Establishment of development schedules or time limits for completion or for the duration of the permit; and
8. Any other conditions the Commission may deem necessary to ensure compatibility with surrounding uses and to preserve the public health, safety and general welfare.
(c) A specific use permit may be denied if:
1. The proposed use does not conform with the applicable regulations and standards established in this chapter;
2. The proposed use fails to conform with the objectives and the purpose of the zoning district where it is located;
3. The proposed use potentially creates greater unfavorable effects or impacts on other existing uses on abutting sites than those which reasonably may result from the use of the site by a use allowed by right;
4. A written protest is received from the owners of at least 50% of the land area within 200 feet of the subject property; or
5. The proposed use is contrary to the public health, safety or general welfare.
(d) The Commission shall, by majority vote, approve, approve with modifications and/or conditions or deny the application. Specific use permits that are granted shall remain in effect for the duration of the authorized use on the premises for which they are granted unless an expiration date or time limit is established by the Commission at the time of approval in accordance with division (D)(6)(b) above;
(e) Any person aggrieved by the Commission’s denial, approval or condition of approval of any application, may submit in writing a request for an appeal to City Council. The request must be submitted to the Zoning Administrator within ten calendar days of the Commission’s action. The appeal shall be forwarded to the Council together with a record of the Commission decision; and
(f) The same public hearing notice requirements will apply to the appeal as applied to the application before the Commission. The Council shall consider an appeal of the Commission’s decision at a public hearing scheduled at the earliest regular Council meeting for which all notification requirements can be met after the appeal is submitted. The Council shall uphold, modify or reverse the decision of the Commission.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)