(A) The purpose of a special exception is to authorize a use that would not be permissible generally or without restriction throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood and other restrictions as may be deemed appropriate in each case, would be consistent with the overall intent of this chapter and compatible with surrounding land uses and the character of the neighborhood in which the use is proposed.
(B) Special exceptions may be granted by the Board of Adjustment for development only within the city limits, and only for the following:
(1) A change from one nonconforming use to another, provided no structural alterations are made, and upon finding that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use; and
(2) To permit the resumption of a nonconforming use that has been discontinued for a period exceeding six consecutive months, subject to compliance with all applicable building and fire codes.
(C) Procedures:
(1) Application.
(a) The application for a special exception must be made by the property owner or his or her authorized agent.
(c) The application will include the special exception requested and the reason as to why adhering to this chapter will constitute an exceptional difficulty or hardship upon the owner of the property.
(2) Processing.
(a) After consultation with the Zoning Administrator, the application, accompanying information and the nonrefundable filing fee shall be submitted
(b) 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 to provide compliance, the Zoning Administrator will advise the applicant.
(c) Upon completion of review of the application and finding the application to be correct, the following actions shall be initiated:
1. The Zoning Administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract in the city that is within 200 feet of any portion of the property for which the special exception is requested.
2. The Zoning Administrator shall determine the date of the next meeting of the Board, not less than three full weeks and not more than seven full weeks from the date of the application, place the request on the agenda of the Board, and schedule a public hearing.
3. The City Clerk shall send a letter to each of the property owners within 200 feet, and to the applicant, stating the purpose of the request; street address of the property for which a special exception is requested; date, time and place of the public hearing before the Board; and that comment about the request must be made in writing or verbally before the Board. The notification letters shall be mailed at least 11 days before the hearing date.
4. The City Clerk will publish notice in a local newspaper of a public hearing by the Board on the request. This notice shall appear at least 11 days prior to the meeting date. The notice shall contain date, time and place of the public hearing; street address of the property for which the special exception is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the Board.
5. The agenda of the Board which includes the public hearings shall be posted in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).
(d) The Zoning Administrator shall prepare a statement for presentation at the public hearing before the Board. The statement shall contain as a minimum:
1. Any pertinent information bearing upon the application that may not be evident from the application;
2. Whether the request complies with divisions (C)(2)(a) and (b) above, and impact of approval of the request upon utility service, streets and parking in the local area; and
3. Any recommendations for modifications or any stipulations should the request be approved.
(e) The Board, upon completion of the public hearing and after deliberation, shall make a determination for approval, approval with modifications, any stipulations upon approval or for denial.
(f) The Board may condition approval of a special exception upon compliance with reasonable stipulations including but not limited to provisions for increased open space, vehicular access, off-street parking and loading, landscaping, screening, signage, curbing, sidewalks, hours of operation and/or a temporary time ending on a date after which the special exception expires and is no longer valid. Failure to meet the stipulations shall constitute a violation of this chapter.
(g) Any person aggrieved by the action of the Board may appeal the action as provided in § 155.039 above.
(h) Should the request be denied or should the applicant reject any modifications or stipulations attached to the approval of the request, another request for the same or a similar special exception for the same property or a portion of the same property may not be submitted for a full six months. Further, if a granted special exception is not accepted and used within 12 full months of approval, the special exception becomes automatically void.
(i) No application for a special exception may be submitted when some other zoning action concerning the subject tract is pending. However, a request for a zoning special exception may be submitted concurrently with a subdivision plat.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)