Azle City Zoning Code
SECTION 32
SPECIFIC USE PERMITS
§ 32.1 GENERAL PROVISIONS.
The uses listed in each district as “Specific Use Permit Required”, and shown as “S” in the table of permitted uses, are prohibited in the district unless and until a specific use permit is granted for such use by the City Council in accordance with the requirements and procedures set forth in this Section.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.2 INTENT.
The intent of a specific use permit is to authorize and regulate a use not normally allowable in a zoning district, but if controlled as to the number, area, location, duration, or relation to the neighborhood, and if made subject to adequate development standards and safeguards established for such use during the review of a specific use permit application, would promote the health, safety, and welfare of the neighborhood and the community. These permits are issued based on the decision that the use is in general conformance with the Comprehensive Plan and contingent on such requirements and safeguards as necessary to protect the public health, safety, and welfare of the adjacent landowners and the city at large.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.3 HEARING AND PROCEDURE.
A.
A person having a proprietary interest in property may request the issuance or renewal of a specific use permit for the property. A specific use permit may only be granted following public hearings before the Planning and Zoning Commission and the City Council in accordance with the same notice, hearing, and voting requirements as required for zoning changes in Section 33 of this code.
B.
Notwithstanding the provisions of Subsection A, if a specific use permit is issued for a definite term, it may be renewed in accordance with this subsection.
1.
To prevent expiration of a specific use permit before the renewal process can be completed, the applicant should apply for renewal at least ninety (90) days before the date of expiration.
2.
The Zoning Administrator shall place an item on the Planning and Zoning Commission[‘s] agenda for consideration, following the same notice and hearing procedures as for the original application.
3.
The Planning and Zoning Commission shall recommend renewal or denial to the City Council and it shall be placed on the next City Council meeting agenda that allows sufficient time for notice. Before consideration at a City Council meeting, the item shall be advertised as required for the original application, and the City Council shall hold a public hearing before making a decision on the matter. The same notice, hearing, and voting procedures as required for the original application shall apply.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.4 GENERAL REQUIREMENTS.
A.
Any specific use permit, which is approved, shall meet the minimum requirements provided in the zoning district in which it is located.
B.
A specific use permit shall automatically expire if:
1.
A building permit is not issued and construction begun within one hundred eighty (180) days of the granting of the specific use permit.
2.
The use has not begun operation (if no construction is required) within one hundred eighty (180) days of the granting of the specific use permit.
3.
The use is abandoned (a use which is discontinued for a period of one hundred eighty (180) days is presumed to be abandoned).
4.
The term for which the specific use permit was issued has expired and it has not been renewed.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.5 DEVELOPMENT PLAN.
An approved development plan shall be a prerequisite to the approval of a specific use permit. The development plan shall be in accordance with Section 31 of this ordinance.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.6 ADDITIONAL INFORMATION REQUESTS.
The Planning and Zoning Commission and the City Council, in reviewing an application for a specific use permit, may require that the applicant supply additional plans, special information, expert evaluations, or other information deemed reasonable concerning the location, function, and characteristics of any building or use proposed. The City Council may, in the interest of public welfare and to insure compliance with this ordinance, establish conditions of operation, location, arrangement, and type and manner of construction of any specific use permit. In authorizing the location of any specific use permit, the City Council may impose such development standards and safeguards which it deems advisable to protect adjacent properties or the health, safety, morals, or welfare of the community.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.7 FACTORS TO BE CONSIDERED.
In granting or denying an application for a specific use permit, the City Council shall take into consideration the following factors:
A.
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
B.
Safety from fire hazard and measures of fire control.
C.
Protection of adjacent property from flood or water damage.
D.
Noise producing elements and glare of vehicular and stationary lights and effects of such lights on established character of the neighborhood.
E.
Location, lighting, type of signs, and relation of signs to traffic control and adverse effect on adjacent properties.
F.
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site in the immediate neighborhood.
G.
Adequacy of parking, as determined by requirements of this Section, for off-street parking facilities for similar uses, location of ingress and egress points for parking and off-street loading spaces, and protection of the public health by all weather surfacing on all parking areas to control dust.
H.
Compatibility of the proposed use with surrounding and adjacent properties and whether such use will adversely affect the use and enjoyment of the surrounding and adjacent properties.
I.
Such other measures as will secure and protect the public health, safety, morals, and general welfare.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.8 MAPPING OF SPECIFIC USE PERMITS.
All specific use permits approved in accordance with provisions of this Ordinance shall be referenced on the official zoning map by designation and sequential numbers.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.9 TEMPORARY CONSTRUCTION YARDS, FIELD OFFICES, AND OTHER TEMPORARY STRUCTURES.
Permits for temporary construction yards, field offices, and other temporary structures may be approved as a specific use permit in any zoning district. The term of the temporary use shall be indicated on the occupancy permit.
(Ordinance 2013-09, ex. A, adopted 5/7/13)
§ 32.10 SPECIFIC REQUIREMENTS FOR BARS.
A.
A bar may not be located within 300 feet of a residential zoning district. The measurement of the distance between the bar and the nearest residential zoning district shall be in a straight line from the point on the property line of the platted lot where the bar is located that is nearest to the residential district to the point on the residential district boundary that is nearest to the platted lot on which the bar is located.
C.
A specific use permit for a bar may be revoked as incompatible with surrounding uses if any of the following has occurred while the bar has been operating:
(Ordinance 2013-09, ex. A, adopted 5/7/13)