Specific Use Permits
The City Council, after public hearing and proper notice to all parties affected, and after receipt of a recommendation from the Planning and Zoning Commission, may authorize the issuance of a Specific Use Permit for uses indicated by "S" in the Use Chart. The Planning and Zoning Commission, in considering and determining its recommendations to the City Council on any request for a Specific Use Permit, requires from the applicant plans, information, operating data, and evaluation concerning the location, function and characteristics of any use proposed is in general conformance with the Comprehensive Plan and zoning requirements of the City and containing such requirements and safeguards as are necessary to protect adjoining property.
- A site plan is required with the application, drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the use to be permitted; location and instruction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of two hundred (200’) feet. The applicant must submit an application for approval on forms provided by the Administrative Official.
- The application is processed as a change in zoning classification with notices and public hearings required as provided in Local Gov’t Code, Chapter 211.
Specific Use Permit Regulations
- In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning and Zoning Commission determines that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and makes recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings.
- In granting a Specific Use Permit, the Planning and Zoning Commission may recommend and/or the City Council may impose conditions which must be complied with by the owner or grantee before a certificate of occupancy can be issued by the building inspector for use of the building on such property pursuant to such Specific Use Permit; and such conditions precedent to the granting of the certificate of occupancy. The Council may also impose conditions to the use.
- No Specific Use Permit is granted unless the applicant, owner, and grantee of the Specific Use Permit accepts and agrees to be bound by and comply with the written requirements of the Special Use Permit, as attached to the site plan drawing (or drawings) considered by the Planning and Zoning Commission and approved by the City Council.
- A building permit must be applied for and secured within 6 months from the time of granting the Specific Use Permit, provided however, the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. If 6 months from the date of approval has elapsed and no building permit has been issued for the use specified in the permit, the Commission and City Council may require a new the site plan or terminate the permit without the necessity of a hearing.
- No building, premise, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alteration, or change.
- The Board of Adjustment does not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to a Specific Use Permit.
- When the City Council authorizes a Specific Use Permit, the Zoning Map is amended according to its legend to indicate that the affected area has conditional and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation.
- The district regulations of the base zoning district apply unless specifically revised on the site plan or attached written documentation.
- Upon discontinuance or abandonment of the use as granted by the Specific Use Permit, the property is thereafter governed by those uses and requirements in the base zoning district. The base zoning district is the district designation of the property, prior to and during the period of the specific use.