After proper notice to all parties affected, and after recommendation by the planning and zoning commission containing such requirements and safeguards as are necessary to protect adjoining properties, the city council may authorize the development of uses that are generally compatible with the surrounding areas and uses but are not allowed in the underlying zoning district and require additional review and consideration to determine the appropriateness of the use in a particular location.

(Ord. No. 617, § XVI(A), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

The planning and zoning commission and city council shall conduct a public hearing regarding the application for a special use permit, also referred to as "SUP". The purpose of such hearing shall be to determine that the granting of the special use permit will be in spirit and intent of this chapter and:

(1)

Will not unduly affect the character and authorized uses of the area or neighborhood on which it is proposed to locate.

(2)

Will not substantially depreciate the value of adjacent and nearby properties from present values as rendered by the appraisal district or other professional appraisal entity.

(3)

Will not unduly deviate from the intent of the comprehensive plan in effect and as amended by council.

(4)

Will comply with the applicable development and building standards of the zoning district in which it is to be located.

(5)

Will not adversely affect:

a.

Drainage.

b.

Public health.

c.

Public safety.

d.

The general welfare.

Notifications and notices for public hearings will be sent and public hearings will be held in accordance with V.T.C.A., Texas Local Government Code Ch. 211.

(Ord. No. 617, § XVI(B), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

With the granting of a special use permit, there shall be assurance by the grantee of protection of surrounding properties from environmental concerns such as undue noise, lights, dust, fumes, and/or noxious odors.

(Ord. No. 617, § XVI(C), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

The granting of a special use permit shall be subject to all conditions and safeguards in this chapter and as may be further prescribed by the city council. The special use permit shall act as an overlay to allow uses not allowed by right in the underlying zoning district.

(Ord. No. 617, § XVI(D), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

All applications for special use permits shall be submitted with site plans drawn to scale showing the general arrangement of the project together with essential requirements such as:

(1)

Off-street parking facilities.

(2)

Location of buildings and intended uses, including any proposed signs.

(3)

Means of ingress and egress of public streets.

(4)

The type of visual screening such as walls, plantings, landscaping, and fences.

(5)

Location of adjacent property, residences, other buildings, and public easements and thoroughfares.

(6)

Location and area coverage of all outside lighting (especially any which might shine into an adjacent residential area or into vehicle operator vision).

(7)

Size and location of utility connections for water, gas, sewer, power and communications.

(Ord. No. 617, § XVI(E), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

Applications shall be submitted to staff to review and make a written report to the planning and zoning commission. All applications shall be kept on file in city hall.

(Ord. No. 617, § XVI(F), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

Any use not allowed in the underlying zoning districts.

(Ord. No. 617, § XVI(G), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

Recommendations for a special use permit shall be based on the planning and zoning commission's finding that the special use:

(1)

Is consistent with the comprehensive plan.

(2)

Is harmonious and compatible with the site and with uses in the surrounding neighborhood.

(3)

Ensures preservation of current property values and protection of property rights of owners of all real property to be affected by the proposed special use.

(4)

Ensures protection of the health, safety and welfare of the general public.

(5)

Ensure that traffic, public utilities and drainage will not be adversely affected.

(6)

Ensures protection from undue noise, lights, dust, fumes, and/or noxious odors.

(Ord. No. 617, § XVI(H), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

No special use permit shall be granted unless the applicant, owner, or grantee of the permit shall accept and agree to be bound by and comply with the terms of the special use permit. The special use permit will only allow the use(s) listed on the application and approved by city administration and the city council. The city council may impose reasonable conditions for approval. If at any time the grantee is unable to satisfy the conditions set forth or the location is being used for uses not approved through the permit, the special use permit can be revoked. Conditions may include but are not limited to: hours of operation, landscaping, heights of structures, protection against noise, lights, and protective screening, ingress and egress, provisions for drainage, and parking.

Conditions imposed shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the special use permit.

(Ord. No. 617, § XVI(I), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

Final action of the city council shall be noted as soon as practicable on the official zoning map and on any other administrative copies as to the location of property and type of use permitted by each special use permit granted. The notation of the special use permit and the underlying base zoning district shall be displayed on the map.

(Ord. No. 617, § XVI(K), 4-4-2006; Ord. No. 617-2024, § 1, 12-3-2024)

Editor's note— Ord. No. 617-2024, § 1, adopted December 3, 2024, repealed § 50-58, which pertained to time limit and derived from Ord. No. 617, § XVI(J), adopted April 4, 2006. Subsequently, Ord. No. 617-2024, § 1, renumbered the former § 50-59 as § 50-58 and as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

An amendment is a request for a modification of any condition of a previously approved and currently valid special use permit. Any revisions to the special use permit after the approval by city council shall be submitted to city staff for review. City staff will determine if the requested amendment is minor in nature or will require a major amendment. Minor amendments can be approved administratively by submitting a site plan showing the amendments along with the approved plan. An additional application fee will apply. Major amendments require the issuance of a new special use permit and shall be approved in the same manner and procedures as the original permit.

(Ord. No. 617-2024, § 1, 12-3-2024)

If the city determines based on inspection or investigation that there are reasonable grounds for revocation of a special use permit, a public hearing shall be set before the planning and zoning commission and the city council. Circumstances that warrant revocation of an approved special use permit include but are not limited to:

(1)

Conviction of a violation of any of the provisions of the conditions set forth in the approval of the special use permit;

(2)

The building, premises, or land uses under the special use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate special use permit or amendment for such changes;

(3)

Violation of any provision of the site plan encompassing the property for which the special use permit was issued for or conditions of the special use permit;

(4)

The special use permit was obtained by fraud or deception.

The revocation process shall include a notification to the holder of the special use permit and property owners within 200 feet, a public hearing and recommendation by the planning and zoning commission and a public hearing and decision by the city council. The city council may revoke the special use permit, deny the revocation and allow the use to continue, deny the revocation and amend the special use permit and attach conditions to assure that the terms, conditions, and requirements of the special use permit are met.

Upon the effective date of the revocation, it shall be unlawful to continue any activity that was previously authorized by the special use permit. The property subject to the special use permit will revert to the underlying zoning district.

(Ord. No. 617-2024, § 1, 12-3-2024)

Special use permits shall run with the land after a permit is reviewed and approved. City council may specify the term and duration of the special use permit if the council sees fit.

(Ord. No. 617-2024, § 1, 12-3-2024)