(a)

The special use permit (SUP) is designed to be used when a special use listed under the zoning district is desired for development and a more intensive zoning district which contains that use as a use by right would not be appropriate for the property; or a declared emergency resulting from a housing shortage exists within the city and the special use listed is desired for development and the zoning district in which the SUP is sought does not contain the use or a similar use as a use by right.

(b)

In order to accommodate these special uses, the SUP allows the city council to approve a special use on a particular parcel without changing the general zoning district. Such approval shall be subject to the requirements set forth in this subsection and any surrounding properties. All SUP applications shall not be used for securing early zoning for conceptual proposals that may not be undertaken for some time. A SUP application shall be considered only if it is made by the owner of the property or his/her authorized agent. A SUP resulting from a declared housing shortage for recreational vehicles and or recreational vehicle trailers shall not be valid beyond a period of three years from its approval and is not transferable. The city may limit the number of pad sites per lot and require other measures to protect adjacent landowners from noise and disruption. All applications for special use permits shall require a public hearing in the manner prescribed by section 58-5, Amendments, of this Code.

(Ord. No. 02102011-01, § 1, 2-10-2011)

Buildings or land, in any portion of the city may be used for any use listed under this classification; but, in any class A or B district, no building or land shall be used, nor shall a building or structure be hereinafter erected, nor structurally altered, if said building or land is arranged or designed to be used for other than one or more of the following uses:

(1)

One-family dwelling.

(2)

School, park, library, church or playground, if, prior to planning and zoning commission approval of the location of the building or improvement site, applicants prove conclusively that the building site is of proper size and sufficient area to accommodate adequate off-street parking facilities to house one motor car parking space for each five seats of the proposed building or improvement.

(Code 1987, app. A, art. III, § 1; Ord. No. 1-12-84-B, art. III, § 1, 1-12-1984)

In any class C district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses:

(1)

Any use permitted in class A or B single-family residence districts, subject to applicable regulations.

(2)

Two-family residence.

(3)

Child nursery, kindergarten, museum.

(Code 1987, app. A, art. III, § 2; Ord. No. 1-12-84-B, art. III, § 2, 1-12-1984)

In any class D district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses:

(1)

Any use permitted in a class C two-family residence district, subject to applicable regulations.

(2)

Multiple-family dwellings, in the form of separate apartments, buildings, duplexes, or garage apartments, but not including tourist or trailer camps, courts or lodges.

(3)

Boardinghouses or lodginghouses.

(4)

Hospitals and clinics, but not tubercular and veterinary hospitals, nor clinics for alcoholic, narcotic,mentally incompetent patients.

(5)

Institutions of a philanthropic nature, other than penal or correctional institutions.

(6)

Private clubs, fraternities, sororities and lodges, with the exception of those whose chief activity is a service customarily carried on as a business.

(7)

Hotels and motels, in which business may be conducted for the sole convenience of the occupants of the building; provided, however, that there shall be no entrance to such place of business except from the inside of said building.

(Code 1987, app. A, art. III, § 3; Ord. No. 1-12-84-B, art. III, § 3, 1-12-1984)

In any class E district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered, or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses; provided, however, that a permitted use shall not become noxious or offensive by reason of the emission of odors, filth, soot, dust, or gas fumes, or is unsightly, or causes the property to become unsightly, to wit:

(1)

Any use permitted in the foregoing residential districts, subject to applicable regulations.

(2)

The following uses:

Automobile parking lot

Bank

Barber shop

Beauty parlor

Business and professional office

Delivery station

Drug store

Filling station

Florist, retail

Grocery store

Ice house

Library, rental

Laundry, automatic self-service

Meat market

Novelty store

Radio sales and service

Restaurant, without curb service

Retail store

Retail cleaning and pressing

Studio

Television sales and service

Taxi stand

Theater.

(Code 1987, app. A, art. III, § 4; Ord. No. 1-12-84-B, art. III, § 4, 1-12-1984)

In any class F district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses; provided, however, that a permitted use shall not become noxious or offensive by reason of the emission of odors, filth, soot, dust or gas fumes, or is unsightly, or causes the property to become unsightly, to wit:

(1)

Any use permitted in the foregoing districts, subject to applicable regulations.

(2)

The following uses:

Antique shop

Aquarium

Auto and truck sales, repair and service

Bakery

Bowling alley

Bus terminal

Cafe or restaurant, with or without drive-in or curb service

Commercial amusement

Commercial college

Exterminating company

Film printing and developing

Florist

Furniture store

Greenhouse or nursery

Health massage and reducing schools

Hotel

Mortuary

Parking lot

Printing office

Private club

Professional offices and clinics

Public garage, storage only

Recreation building, commercial

Seed company, sales only

Shoe repair shop

Skating rink

Store, retail

Studio

Telephone exchange, including office and repair facilities

Tourist or trailer camp, court or lodge;

provided, however, that a bowling alley, recreational commercial building or skating rink shall be not under 300 feet from any corner of a plot of ground or lot on which an existing clinic, church, school or hospital is located, nor from a residential district, unless approved by the board of adjustment and preauthorized by the planning and zoning commission. Said approval and authorization shall be evidenced by a special conditional permit issued after such approval and authorization and signed by the mayor. Any special conditional permit shall not be approved, authorized or issued without taking into consideration the impact of the noise level upon the uses and enjoyment of other properties within the city limits.

(Code 1987, app. A, art. III, § 5; Ord. No. 1-12-84-B, art. III, § 5, 1-12-1984)

In any class G district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses:

(1)

Any use permitted in a Class F—Retail Business District, subject to all restrictions therein contained.

(2)

The following uses:

Advertising sign, commercial billboard

Artificial flower manufacturing

Awning manufacturing

Baggage, transfer and storage warehouse

Beer parlor

Book printing

Bottling works

Cabinet making

Candy manufacturing

Carpenter shop, furniture repair and upholstery

Carpet cleaning

Cement, brick and their warehouse and storage, including contractor's storage yards

Cleaning, dyeing and pressing—wholesale

Cold storage locker plant, with no meat processing

Creamery, wholesale

Dance hall

Driving range

Drug manufacturing, wholesale or storage

Dyeing and cleaning works

Feed store, wholesale

Furniture, auction

Limb manufacturing, artificial

Locker service

Lumber yard

Machine shop

Market, public

Mattress manufacturing and renovating

Milk depot, wholesale

Miniature golf course

Monument works

Motor freight terminal

Night club

Office equipment and supply manufacturing

Paper products

Printing shop

Public garage

Publishing company

Sand and gravel storage yards

Second hand furniture

Seed company, wholesale

Sheet metal shop

Shooting gallery

Small animal hospital

Storage warehouse

Taxi storage and repair

Tire treading and recapping

Transfer company

Venetian blind manufacturing

Vulcanizing shop

Water distilling

Warehouse

Woodworking and other shops for custom work, or for making articles to be sold on site.

(3)

Manufacture of any kind, provided such is not noxious or offensive by reason of emission of odors, noise, fumes, soot, dust or vibration; but, excluding such uses as are set out in a Class H Light Industrial District.

(Code 1987, app. A, art. III, § 6; Ord. No. 1-12-84-B, art. III, § 6, 1-12-1984)

In any class H district, no building, structure or premises shall be used, nor shall any building or structure be erected, altered or enlarged, if it is intended or designated to be used, in whole or in part, for any other than one or more of the following specified uses:

(1)

Any use permitted in a Class G Commercial Business District.

(2)

The followiong uses:

Automobile laundry and painting

Billboards or advertising signs

Blacksmith or welding shop

Central mixing plant for cement, mortar, plaster and paving materials

Cold storage plant

Contractor's plant and storage

Creamery

Electric station, light and power

Flour mill

Florist, wholesale

Grain elevator and storage

Ice cream manufacturing

Ice manufacturing

Iron, steel or copper fabrication plant

Laundry

Livery freight depot or garage

Oil well supply warehouse and yard

Oil storage and bulk stations

Poultry processing plant

Planing mill and wooden box manufacture.

(3)

Manufacture of any kind not listed under this section, provided such is not noxious or offensive by reason of the emission of dust, smoke, gas, noise or vibration.

(4)

Any manufacturing or industrial process not heretofore listed and not prohibited by law or ordinance.

(Code 1987, app. A, art. III, § 7; Ord. No. 1-12-84-B, art. III, § 7, 1-12-1984)

(a)

District classes A, B, C, D. Any accessory building, including private garages and servants' quarters, shall be located not less than 60 feet from the front line, nor less than five feet from any other street line, nor under three feet from either side line, and it shall be used only for those uses customarily incident to the specific uses permitted in each respective district.

(b)

District classes E, F, G, H. Accessory buildings shall be allowed only for those uses customarily incident to the specific uses permitted in each respective district.

(Code 1987, app. A, art. IV, § 1; Ord. No. 1-12-84-B, art. IV, § 1, 1-12-1984)

Temporary buildings may be erected or maintained only when they shall be used solely for construction purposes or as field offices for the sale of the real estate of the immediate addition or business. Temporary construction buildings shall be removed immediately upon the completion orabandonment of construction, and field offices shall be removed immediately upon the request of the official designated by the city council.

(Code 1987, app. A, art. IV, § 2; Ord. No. 1-12-84-B, art. IV, § 2, 1-12-1984)

(a)

District classes A, B, C. Incidental uses shall not involve the conduct of a business and shall be incident to customary home occupations such as dressmaker, or the office of a physician, surgeon, dentist or artist. In addition, incidental use shall be secondary to normal residential use, shall be engaged in only by residents of the dwelling, and shall be practiced or performed in said dwelling.

(b)

District class D. Incidental uses are not presently allowed.

(c)

District classes E, F, G, H. Incidental uses shall be customarily incident to the specific uses permitted in each respective district; however, no incidental use shall be construed to permit the keeping of articles, merchandise or goods in the open or exposed to public view, unless such articles, goods or merchandise are screened from view by tight fences approved by the city, at least six feet high, or by shrubs or a hedge.

(Code 1987, app. A, art. IV, § 3; Ord. No. 1-12-84-B, art. IV, § 3, 1-12-1984)

(a)

District classes A, B, C. No window display or name plate over one square foot in area; nor temporary bulletin or sign board over 12 square feet in area, relating to the lease, hire, sale or construction of a building or premises; nor elevated or ground advertising sign; nor advertising signs of any other sort shall be allowed, except church signs which are not over 18 square feet in area and are located in front behind the building line.

(b)

District classes D, E, F. Signs shall be only for allowed uses in the respective district, owned by the owner of the business property, not over 18 square feet in area, and located in front behind the building line.

State Law reference— Authority for municipal regulation of signs, V.T.C.A., Local Government Code § 216.001 et seq.