(A) The following special uses may be authorized by the City Council by special use permit:
Special Use | District Allowed |
Special Use | District Allowed |
Accessory building with a home occupation | SF, O |
Accessory food sales | O, NC, HC |
Alcohol beverages sold in a restaurant for on-premise consumption | NC, HC |
Alcoholic beverages sold in a restaurant for on-premise consumption and for off-premise consumption in growlers | NC, HC |
Beer and wine sold in a retail store for off-premise consumption | NC, HC |
Day care facility | HC |
Event center requiring TABC license or permit for premises | HC |
Winery | HC |
Farmers/artisan market | GUI, O, NC, HC |
Medical related professional office | O, NC, HC |
Research, development, or clinical laboratory | HC |
Restaurant | NC |
Veterinary services | O, NC, HC |
(B) Permit required. No special use shall be established, operated, or maintained except as authorized by a special use permit issued in accordance with the requirements of this section.
(C) Special use permit issued by City Council. A special use permit may be issued only for the special uses specified in this section, and only for the district where it is authorized. A special use permit may be issued by the City Council acting after a public hearing in accordance with § 150.060 and a recommendation on the proposed use from the Zoning Commission in accordance with this section.
(D) Application. An application for a special use permit shall be made in writing in a form prescribed by the City Council and shall be accompanied by (1) a non-refundable fee as set forth by ordinance or resolution of the City Council; and (2) such information as may be required (including a site plan) in order to properly review the proposed use. Such information may include, but is not limited to, site and building plans, drawings and elevations, and operational data.
(E) Report by City Inspector. The city appointed designate shall visit the site of the proposed special use and the surrounding area and shall prepare findings to be delivered to the members of the Zoning Commission and to the City Council at least one week prior to the public hearing date as set forth in § 150.060(B).
(F) Notice of public hearing by Zoning Commission. The Commission shall hold a public hearing on each application for a special use permit in accordance with the procedures in § 150.060.
(G) Review and recommendation by the Zoning Commission.
(2) The Commission shall not recommend approval of an application unless it finds that the proposed special use as presented or as modified by the Commission complies with each of the general and applicable specific criteria.
(3) A recommendation of approval may be conditioned on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria and to protect the public health, safety and welfare of the surrounding properties and the city as a whole.
(4) For sites where the applicant owns the improvements and the improvements do not comply with current development standards, the application for a special use permit shall depict all improvements proposed to bring the site into conformance with all zoning regulations in effect at the time of application submittal. If compliance with zoning regulations at the time of application submittal is not feasible, the special use permit may be recommended for approval by the Zoning Commission conditioned upon the applicant receiving a variance from the Board of Adjustment.
(5) The Commission shall forward its findings and recommendations to the City Council in writing.
(H) Hearing before City Council. The City Council shall review an application for a special use permit at a public hearing in accordance with the procedures in § 150.060 after receiving findings and a recommendation from the Zoning Commission.
(I) Review and action by City Council.
(2) The City Council may condition its approval of an application on the applicant's adoption of specified changes, additions, limitations, safeguards, or effective time periods designed to assure compliance with the criteria and to protect the public health, safety and welfare of the surrounding properties and the city as a whole.
(3) The City Council shall not grant a special use permit unless it finds that the proposed special use, as presented or as modified by the Council, complies with each of the applicable general and specific criteria. If the application meets all criteria, the Council shall approve the application.
(J) Temporary special use permit. A temporary special use permit may be granted by the City Council on the terms and conditions determined by the City Council for a period not to exceed 30 consecutive calendar days. A temporary special use permit may be extended for an additional 15 consecutive calendar days upon approval of the City Council. An applicant for a temporary special use permit shall submit an application to the city setting forth the location and all terms of the proposed use, accompanied by written approval of the owner of the property on which the use is proposed. The procedures for public notice and hearing in § 150.060 do not apply to temporary special use permits. Applications for a temporary special use permit to operate a carnival or other amusement activity may be granted for a period not to exceed 14 consecutive calendar days on the terms and conditions approved by the City Council.