The following uses may be permitted by special permit if approved by the town council, with or without conditions, following report by the town council, in accordance with the procedures, guides and standards set forth in Section 17.28.030 relating to the issuance of special use permits in residential areas:

A.

Multifamily dwelling, apartments, including apartments for the elderly and handicapped and the office of the manager;

B.

Home occupations that may include:

1.

Dressmaker, seamstress, tailor, salesperson, sales representative, distributor;

2.

Author, composer, painter (fine art), sculptor;

3.

Music or dance teacher, tutor;

4.

Arts and crafts such as the making of stained glass, ceramics, jewelry, lapidary work and rug weaving;

5.

Making and renovation of moveable musical instruments;

6.

Adult foster care home/private home;

7.

Occupations and hobbies similar to those above;

8.

Registered home, i.e., elderly, handicapped.

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)

A.

Home occupations allowed shall not include:

1.

Barbershop and beauty shop/parlor, hair stylist;

2.

Vehicle and medium and heavy appliance repair, i.e., electric and gas mowers, electric motor over one horse power rating, outboard and inboard boat motors, motorcycles;

3.

Office of a physician, dentist, other medical practitioners; professional and managerial consultants;

4.

Clinic or hospital;

5.

Stable or kennel;

6.

Animal clinic or hospital;

7.

Gift shop;

8.

Restaurant, catering service or any food preparation for sale elsewhere or on premises;

9.

Renting of trailers;

10.

Antique shop;

11.

Tourist home;

12.

Grooming of pets;

13.

funeral home;

14.

Commercial steam bath;

15.

Real estate office.

B.

Home occupations allowed by special permit shall meet the following requirements:

1.

It shall not require regular use of commercial vehicles for delivery.

2.

No more than normal household traffic will be generated.

3.

Only one (1) person not a member of the resident household may be employed in connection with the home occupation.

4.

Residence must remain primarily residential and shall not be used exclusively for home occupation.

5.

No home occupation shall cause a nuisance, create excessive noise, dust, vibration, smell, smoke, glare or electrical interference, detectable at the lot line, or create a fire hazard.

6.

No home occupation shall involve structural changes in the building of which it is a part without consent of the building official.

7.

Only items made on a custom basis on the premises or items incidental to a home occupation shall be sold at retail on the premises.

( Ord. No. 121415-507 , 12-14-2015)

A.

The town council may by special permit, after conducting a public hearing and obtaining a report from the town council, authorize the location of the uses subject to special permits and conditions identified under Sections 17.28.010 and 17.28.020 relating to uses permitted by special permit. In addition, the council shall impose such additional conditions and safeguards including those related to architecture, site plan, landscape planting and screening property and property values in the vicinity of the special permit. Applications for special permits shall be filed with the town clerk, who in turn shall transmit the application to the town council. The town council shall file a report on the application to the town council. The town council shall then take action on the application, only after completing the public hearing and notification process established by state law.

B.

Before the town council approves or disapproves a special use permit, the council shall conduct a public hearing on the special use permit application, and notification of such hearing shall be as follows:

1.

The applicant, or owner of the property which is subject of the application, if different, shall be mailed a notification or have one (1) personally delivered to him/her.

2.

A notification shall be mailed to all owners of property within two hundred (200) feet of the lot line of the subject property.

3.

A notification must be published in the town's official newspaper not less than fifteen (15) days prior to the day of the public hearing

4.

A notification must be posted in the town office in accordance with provisions of Article 6272-17, V.A.C.S. (Texas Open Meeting Law).

C.

A notification of a public hearing regarding a special use permit application shall meet the following criteria:

1.

The notification shall contain the name of the property owner(s) and legal description of the property as well as the address assigned to the property; if no address has been assigned, the notice shall contain the name and block number of the street(s), if any, abutting the property.

2.

The notification shall contain the date, time and place of the public hearing, a description of the subject matter to be discussed at the hearing, and the body holding the hearing.

( Ord. No. 121415-507 , 12-14-2015; Ord. No. 2020-31-0427 , § 2, 4-27-2020)