§ 157.438 STANDARDS APPLICABLE TO SPECIAL USES.

   (A)   When considering an application for a special use permit, the decision making body, based on evidence presented, shall find:

      (1)   The special use shall, in all other respects, conform to the applicable regulations of this chapter for the district in which it is located. Special uses when combined with variances for this same property shall be considered compliant for the purposes of this section;

      (2)   The special use will be consistent with the purposes, goals, objectives, and standards of the officially adopted county comprehensive land use plan and these regulations, or of any officially adopted comprehensive plan of a municipality with a one and one-half mile planning jurisdiction; and

      (3)   The petitioner has provided the information required by § 157.437, and has demonstrated the ability to complete the proposal shown in § 157.437(A) through (I), and has met those items required by the statements described in § 157.437(I).

   (B)   When considering an application for a special use permit, the decision making body, based on evidence presented, shall also find, not one of which shall be controlling:

      (1)   The site shall be so situated as to minimize adverse effects, including visual impacts on adjacent properties;

      (2)   The establishment, maintenance, or operation of the special use shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the neighboring vicinity;

      (3)   The special use shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

      (4)   The special use shall not substantially diminish and impair property value within the neighborhood;

      (5)   Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;

      (6)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and hazard on the public streets;

      (7)   The evidence establishes that granting the use, which is located one-half mile or less from a livestock feeding operation, will not increase the population density around the livestock feeding operation to such levels as would hinder the operation or expansion of such operation;

      (8)   Evidence presented establishes that granting the use, which is located more than one-half mile from a livestock feeding operation will not hinder the operation or expansion of such operation;

      (9)   Seventy-five percent of the site contains soils having a productivity index of less than 125;

      (10)   The special use is consistent with the existing uses of property within the general area of the property in question; and

      (11)   The suitability of the property in question is for the special use as proposed.

(Prior Code, 7 TCC 1-25(d))