Certain uses of land, buildings or structures may not be appropriate under all circumstances in any given zoning district, but may be appropriate where adequate precautions can be taken to assure compatibility with surrounding uses, public need, and the orderly development of the city as a whole. It is the intent of this article to allow for such uses by the granting of a specific use permit as stated herein.

The city council, after receiving the recommendation of the commission, may by ordinance, grant a specific use permit for the following uses, as herein qualified, in locations and zoning districts where they are not otherwise permitted by this chapter, and may impose appropriate conditions and safeguards to protect property and property values.

(Ord. No. 420-2001, § 1, 7-24-01)

In addition to the certificates of zoning compliance called for in this chapter, a specific use permit shall be required before the following specific uses can be permitted within the district specified:

(Ord. No. 420-2001, § 1, 7-24-01; Ord. No. 508-2003, § 9, 1-13-04; Ord. No. 557-2005, § 8, 8-9-05; Ord. No. 715-2011, § 3, 3-8-11; Ord. No. 720-2011, § 2, 5-10-11; Ord. No. 733-2011, § 3, 11-8-11; Ord. No. 783-2014, § 3, 1-14-14; Ord. No. 811-2015, § 3, 4-14-15; Ord. No. 843-2016, § 2, 5-10-16; Ord. No. 849-2016, § 3, 7-12-16; Ord. No. 873-2017, § 2, 2-14-17; Ord. No. 947-2020, § 2, 1-14-20)

In considering any application for a specific use permit, the commission and city council shall hold public hearings as with any amendment request and consider the criteria stated in article III, administration, but shall not be precluded from consideration of other factors which may be relevant to a particular application.

Where a specific use of a commercial or industrial nature is proposed to be located within or immediately adjacent to any residential district, the specific use permit shall not be approved unless it is determined that the proposed use would be compatible with the existing and proposed uses in the area.

The approval of a specific use shall not be construed as a precedent for any subsequent specific use permit request. Each specific use permit request shall be considered on its merits and with regard to its specific location, the adjacent land uses, and such other factors as may be relevant to a particular application, as noted above.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Use of property permitted by a specific use permit must commence within one (1) year from the date of approval, unless extended by action of the city council.

(b)

Commencement of a specific use occurs upon the issuance of a building permit.

(c)

A specific use permit may be extended one (1) time, not to exceed six (6) months. The extension shall be requested prior to the expiration of the specific use permit.

(d)

The zoning official shall review a requested time extension to determine if any modifications have been made to the site, and if changes have occurred to the zoning ordinance or other development regulations that would affect the extension request. The extension may be approved by city council, subject to conditions, if any.

(Ord. No. 420-2001, § 1, 7-24-01)

(a)

Licensed day care centers. Licensed day care centers in the "NC" district and registered family homes and group day care homes in the "CR" district are permitted by a specific use permit.

(1)

The licensee shall submit to the city, on an annual basis, a copy of their most recent state license, proof of insurance, and all other documentation required by the city or state.

(2)

Licensed day care facilities shall be operated in accordance with the state department of protective and regulatory services regulations and guidelines.

(b)

Bed and breakfasts. Bed and breakfasts in the "RR" or "CR" district are permitted by a specific use permit.

(1)

The residential feel and character of a bed and breakfast shall be maintained and not unnecessarily intrude upon the adjacent neighbors. By requiring the presence of the owner or the owner designated representative while the facility is rented, will help ensure that the impact of traffic noise or other nuisance does not occur or is immediately stopped to avoid any adverse effects on the surrounding neighborhood.

(2)

In addition to any conditions imposed as part of the approved specific use permit, the following regulations shall be applicable to bed and breakfast lodging facilities:

a.

Property shall be subject to inspection at any time by designated city representatives, if compliance is in question, with proper notice provided if feasible.

b.

The specific use permit shall terminate and be considered abandoned if and when there is evidence of no rental activity based in part on the state occupancy tax reports, for a period of nine (9) consecutive months. The burden is on the property owner to prove that the use of the property has been in continuous use.

c.

One (1) smoke alarm shall be provided in each guest bedroom along with a fire extinguisher visible and be accessible to guests. A fire escape plan shall be developed and graphically displayed in each guest room. A second exit from the lodging facility structure shall be provided.

d.

Signage for bed and breakfasts shall be limited to one (1) non illuminated sign not to exceed four (4) square feet in area.

e.

A valid taxpayer number for reporting any Texas tax shall be provided to the city along with a copy of the completed "State of Texas Hotel Occupancy Tax Questionnaire (form AP-102)" no later than thirty (30) days following the approval of the specific use permit.

f.

If there is a change in ownership of the property the city shall be notified of any change in property ownership within thirty (30) days of such change.

g.

If guests have water access, guests may not enter upon any property which is not part of the owner's property for the purpose of entering or exiting the water.

h.

A copy of the requirements set forth in the specific use permit shall be made available to all guests.

i.

On-street parking is prohibited. Two (2) parking spaces are required plus one (1) additional space per room rented subject to modification as part of the specific use permit approval process.

j.

The maximum occupancy allowed shall be reviewed and determined in each individual specific use permit application based on number of rooms, beds, parking, neighborhood input, and any other factor determined to be relevant by the planning and zoning commission or city council.

(c)

Vacation rentals. Vacation rentals in the "RR" or "CR" district are permitted by a specific use permit.

(1)

The residential feel and character of a vacation rental property shall be maintained and not unnecessarily intrude upon the adjacent neighbors.

(2)

In addition to any conditions imposed as part of the approved specific use permit, the following regulations shall be applicable to vacation rental lodging facilities:

a.

Property shall be subject to inspection at any time by designated city representatives, if compliance is in question, with proper notice provided if feasible.

b.

The specific use permit shall terminate and be considered abandoned if and when there is evidence of no rental activity based in part on the state occupancy tax reports, for a period of nine (9) consecutive months. The burden is on the property owner to prove that the use of the property has been in continuous use.

c.

One (1) smoke alarm shall be provided in each guest bedroom along with a fire extinguisher visible and be accessible to guests. A fire escape plan shall be developed and graphically displayed in each guest room. A second exit from the lodging facility structure shall be provided.

d.

Signage for vacation rentals shall be limited to one (1) non illuminated sign not to exceed four (4) square feet in area.

e.

A valid taxpayer number for reporting any Texas tax shall be provided to the city along with a copy of the completed "State of Texas Hotel Occupancy Tax Questionnaire (form AP-102)" no later than thirty (30) days following the approval of the CUP.

f.

If there is a change in ownership of the property the city shall be notified of any change in property ownership within thirty (30) days of such change.

g.

If guests have water access, guests may not enter upon any property which is not part of the owner's property for the purpose of entering or exiting the water.

h.

A copy of the requirements set forth in the specific use permit shall be made available to all guests.

i.

On-street parking is prohibited. Two (2) parking spaces are required plus one (1) additional space per room rented subject to modification as part of the specific use permit approval process.

j.

The maximum occupancy allowed shall be reviewed and determined in each individual specific use permit application based on number of rooms, beds, parking, neighborhood input, and any other factor determined to be relevant by the planning and zoning commission or city council. Owner occupancy is permitted but not required. However the subject property owner shall provide the city and property owners within two hundred (200) feet of the subject property, with the current name and contact information (including telephone numbers and e-mail address) for the local responsible party for the subject property. The local contact shall be able to respond to any incident within thirty (30) minutes of a call and shall be authorized to make decisions regarding tenants at the property. If the name or contact information for the local contact changes then the property owner shall notify the city and property owners within two hundred (200) feet of the subject property, with the current name and contact information.

(d)

[Specific use permit review.] The review for specific use permit approval of a bed and breakfast and/or vacation rental lodging facility shall consider but not be limited to the following factors:

(1)

The proposed occupancy and the size of the property, and whether a smaller occupancy level is appropriate;

(2)

Setbacks and proximity to other dwellings;

(3)

Rental regulations (such as no large parties, no extra guests) imposed by the owner and the degree of owner involvement in property management;

(4)

Occupant access to waterways and other environmentally sensitive areas;

(5)

Vehicle access and onsite parking and the number of parking spaces available; and

(6)

Compliance with all state, county, and city ordinances, laws, rules, and regulations including the building codes and fire codes.

(Ord. No. 840-2016, § 4, 4-12-16)

Editor's note— Ord. No. 840-2016, § 3, adopted April 12, 2016, repealed § 18-61 in its entirety; and § 4 enacted a new § 18-61 to read as set out herein. Former § 18-61 pertained to similar subject matter, and was derived from Ord. No. 420-2001, § 1, adopted July 24, 2001.