Certain uses are considered appropriate in more restrictive districts under special conditions of design, operation and appearance and may be permitted in designated districts when specifically authorized by this section after approval by the planning commission. Such special permits may be granted in order that the city may develop in accordance with the intent and purpose of this ordinance, that land may be fully utilized for a lawful purpose, and that substantial justice may be done.

In reaching a decision on any application for a special permit, the planning commission shall determine:

(1)

That the requested special permit will establish only those uses permitted under this ordinance;

(2)

That the location of proposed activities and improvements is clearly defined on a site plan filed by the applicant; and

(3)

That the special permit will be wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such requirements as the planning commission may find necessary to protect and maintain the stability of adjacent properties.

(1)

The building inspector may permit the parking, and use of [or] occupancy of a mobile home outside a duly authorized mobile home park or subdivision for a period of time not exceeding 30 days, when such a mobile home is occupied by persons employed in the operation of a temporary recreational amusement, or civic activity. Such temporary parking, use, or occupancy of a mobile home shall be permitted only when the mobile home is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the mobile home;

(2)

The building inspector may, at his sole discretion, for such time as he may deem proper, allow the placement of alternative housing, not withstanding any contrary existing property line or offsets, including but not limited to recreational vehicles and portable buildings, on any lot within the City of Bridge City, Texas, including an "R-1" lot, when repairs are necessary on the dwelling located on said lot due to damages from Hurricane Ike.

The building inspector has the authority to waive any necessary permits and fees including but not limited to inspection and transportation permits and fees.

The Federal Emergency Management Agency shall only be required to inform the building inspector of alternative housing placement within 48 hours of said placement.

(3)

This provision shall not apply to any present existing mobile home which is a valid nonconforming or conforming use under the zoning ordinance of the city;

(4)

A mobile home may be used in any accessory capacity to an industrial use in an M industrial zone when situated on the same premises where the industrial use is located; and

(5)

A mobile home may be parked or placed, but not used or occupied, on the premises of a business where such parking or placing is uniquely required in the operation of the business.

(Ord. No. 01-06, 10-16-01; Ord. No. 05-10, 11-1-05; Ord. No. 08-09, 10-21-08)

(1)

Uses shown in table A shall be permitted as special permits in the districts as shown.

(2)

Commercial establishments that are in full compliance with the requirements of this ordinance, and which are not nonconforming uses, may apply for a permit to sell alcoholic beverages, as defined by the Texas alcoholic beverage commission, for on-site consumption under the following conditions:

(a)

At least 25 percent of the gross income of the business conducted at the location for which the permit is being applied is derived from other than the sale of alcoholic beverages;

(b)

The business is in full compliance with all other local and state laws pertaining to the sale of alcoholic beverages.

(3)

Special permits granted under this section shall be valid for one year from the date of approval.

Special permits [shall be issued] annually provided:

(a)

No violations of law have occurred involving the operation or management of the permit holder;

(b)

The establishment is in full compliance with all applicable permits and regulations of the city, county, state, and national governments;

(4) [(c)] That a review by the police chief, fire marshal, and city manager results in a recommendation to renew the special permit;

(5) [(d)] After written notice to property owners within 200 feet has been mailed advising them of the opportunity to request a public hearing on the renewal permit [and] has resulted in no written request for such a hearing within 15 days of the date notices were mailed;

(6) [(e)] The permit has been reviewed by the planning commission in the past five years.

Special permits which do not meet all of the above criteria shall be forwarded to the planning commission for a public hearing. The planning commission shall decide upon the renewal of such permits and grant or deny as they deem appropriate. Appeals to the decision of the planning commission shall be heard by the city council in accordance with this ordinance.

(Ord. No. 00-13, 10-17-00)

Upon receipt of an application for a special permit by the planning and zoning commission, it shall be referred to the zoning administrator for investigation as to the manner in which the proposed location and character of the special permit will affect the master plan of the city. The zoning administrator shall report the results of his investigation to the planning commission, and thereafter, the commission may, after public notice and hearing, according to law, grant the permit including the imposition of conditions of use which the commission may deem essential to ensure that the special permit is consistent with the spirit, purpose, and intent of the ordinance.

Applications for special permits shall be accompanied by the completed application, fee, and a site plan as defined in section 5.15 of this ordinance.

Appeals of actions to approve or disapprove applications for special permits by the commission may be made to the city council by the applicant for such permit, the zoning administrator, or the owners of property located within 200 feet of the proposed permit. The filing of appeals shall be made in conformance with the requirements set forth in section 15.21 hereof.