Double Oak City Zoning Code
§ 16
“SP” SPECIFIC USE PERMIT DISTRICT. 1
16-1
General Purpose and Description of Specific Use Permit District:
The SP Specific Use Permit District is a specific zoning classification. The uses that normally fall into the specific use category are uses that have unique characteristics that may, depending on the location of the property, require different conditions and regulations not otherwise listed under the basic zoning districts. For this reason, when an applicant seeks a change of zoning for a use listed in the Specific Use Section, the Planning and Zoning Commission may recommend, and the Town Council may impose, necessary additional special zoning conditions.
16-2
Property zoned for a specific use retains or shall be given a basic zoning classification, so that the specific use shall be in addition to the authorized use under the basic zoning of the property. The basic land use district regulations shall be applicable for any permitted use other than the “specific use.” Also, the basic land use district regulations shall apply to the “specific use” unless changed at the time of the grant of the specific use permit zoning. Therefore, any special condition or regulation established by the grant of the specific use shall control the specific use and supersedes any conflicting basic condition or regulation, however, where the grant of the specific use is silent as to a condition or regulation that is imposed by the basic classification of the property, the basic condition or regulation shall control.
16-3
Any application for a change of zoning to a Specific Use Permit Classification shall be processed in the same manner as any other request for a zoning change, to-wit: A proper application; public hearing before the Planning and Zoning Commission; public hearing before the Town Council; and final adoption of an ordinance amending the Comprehensive Zoning Ordinance and the Zoning Map of the Town.
16-4
Use Regulations:
A building, structure or premises used for any of the following purposes shall be permitted only upon the grant of a Specific Use Permit Zoning District Classification.
(1)
Country clubs and golf courses.
(2)
Hospitals.
(3)
Motels and hotels.
(4)
Motion picture theaters, including drive-in theaters.
(5)
Any sexually oriented business, including but not limited to, those defined in Article 4.400 of this code.
(6)
Business uses designed to serve the needs of the surrounding residential neighborhood providing goods and/or services that are classified as convenience goods and/or services, not otherwise listed as permitted uses in the Business District.
(7)
Any structure, not designed to be occupied, in excess of 40 feet in height, other than standard telephone poles, standard lighting poles and standard or residential television receiving antennas.
(9)
Ground storage water supply tanks.
(10)
Elevated water storage supply tanks.
(11)
Utility pump stations.
(12)
Electrical power substations.
(13)
Telephone equipment buildings.
(14)
Radio, television or microwave towers.
(15)
Churches.
(16)
Schools.
(17)
Gasoline Service Station or Fuel Service Station[.]
(18)
Car wash[.]
(19)
Wastewater treatment facility[.]
(20)
Such other activities, uses and/or structures that in the sole judgment of the Planning and Zoning Commission and the Town Council are not detrimental to the town and/or the surrounding neighborhood.
16-5
No land shall be used and no building shall be erected or converted to a use named in this section, except on property zoned for a Specific Use Permit for such use under the provisions of this section.
16-6
Application For Specific Use Permit Zoning:
In addition to any other provision in this ordinance regulating applications for zoning change, an application for zoning change requesting a Specific Use Permit District Classification shall be accompanied by a site plan containing the following information:
(1)
Date, scale, north point, name of owner, name of person preparing the site plan.
(2)
Location of existing boundary lines and dimensions of the tract.
(3)
Minimum building setback dimensions adjacent to all property lines.
(4)
Drawings and data necessary to show the full scope of the facility.
(5)
Designation of the location and size of points of ingress and egress.
(6)
The center line of any existing water course, drainage feature or floodway easement.
(7)
The location and size of existing and proposed streets and alleys with location of all street intersections adjacent to the area of request.
(8)
In addition to the site plan, an area map shall be required indicating the neighborhood in which the property is located and showing the existing zoning of adjacent properties.
(9)
Where screening, landscaping or a drainage study may be essential to the granting of the specific use permit, the applicant, to avoid delay or denial in the processing of his request, should provide an adequate screening plan, landscaping plan or drainage study. The screening plan and landscaping plan may be separate plans or a part of applicant’s site plan.
16-7
Application For a Use Not Specifically Named:
Any applicant seeking a land use not otherwise authorized by the Comprehensive Zoning Ordinance, as amended, or as listed in this section, may make application to amend this section to include the unlisted use and may at the same time make application for a Specific Use Zoning Change for such use, on a specific property. In such a case both amendments may be heard at the same time by the Planning and Zoning Commission; may be heard at the same time by the Town Council; and the adoptive ordinances may be acted upon by the Town Council on the same date.
16-8
Special Factors For Consideration:
In granting or denying an application for specific permit zoning district classification, the Planning and Zoning Commission in its recommendation and the governing body of the Town may take into consideration the following factors:
(1)
Safety of motoring public and of pedestrians using the facility and the area immediately surrounding the site.
(2)
Safety from fire hazards, and measures of fire control.
(3)
Protecting the property, adjacent property, and other properties within the Town from flood or water damage.
(4)
Noise producing elements, glare of vehicular and stationary lights and the effect of such noise and lights on the established character of neighboring property.
(5)
Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
(6)
Adequacy of on-site and off-site parking facilities; location of ingress and egress points for parking and off-street loading and the surfacing of all parking areas to control dust and for the protection of public health.
(7)
Such other measures as will secure and protect public health, safety, morals and general welfare.
(8)
Off-street parking, unless specifically regulated in the ordinance adopting the specific use permit zoning classification, shall be governed by other applicable provisions of the Comprehensive Zoning Ordinance or other applicable ordinances of the Town.
(9)
The economic and/or environmental impact the use may have on property within the Town as a whole, as well as on adjacent property, and whether an economic and/or environmental impact study should be submitted as a part of the application for Specific Use Permit.
(10)
The aesthetic appearance of the use, and other sensory effects that the use may have on the established character of the neighborhood, its property and the property within the Town as a whole.
(11)
Wastewater Disposal.
(12)
The existing natural landscape character (especially native oaks, elms, and pecan trees) shall be preserved to the extent reasonable and feasible. In an area of the street frontage containing a stand of trees, the developer shall use best faith efforts to preserve such trees. In determining whether there is compliance with this subsection the Planning and Zoning Commission shall consider topographical constraints on design, drainage, access and egress, utilities, and other factors reasonably related to the health, safety and welfare of the existing public which necessitate disturbance of the existing natural landscape character, the nature and quality of the landscaping installed to replace it, and such other factors as may be relevant and proper. Indiscriminate clearing or stripping of the natural vegetation on a lot is prohibited.
16-9
Compliance With Site Plan
All improvements to the land and all buildings and construction on the land shall be submitted for review to the Planning and Zoning Commission and shall be in accordance with the site plan and/or the development plan which shall be made a part of the adoptive ordinance. After adoption of the ordinance that grants the Specific Use zoning change, the Town Council, with the prior recommendation of the Planning and Zoning Commission and upon finding that a requested site plan change is a minor change that will not adversely impact adjacent or other properties within the Town, may authorize by written order, the minor alteration to the site plan, without further notice or public hearing. The Council’s Order shall be attached to or filed with the original ordinance. Provided, however, no such amendment to the site plan should be made that would conflict with the final plat of such property after the final plat has been approved by the Town and filed of record.
16-10
Designation Of Zoning Map
On the official zoning map of the Town, a Specific Use Permit District shall bear the prefix designation of the Base Zoning and “SP” followed by the ordinance number granting the specific use permit classification.
For example, a property with a base zoning classification of Business District, that is granted a specific use permit zoning classification for operation of a golf course, should be designated in the adoptive ordinance as having a zoning classification of B Business District with a Specific Use Permit to operate a golf course and on the zoning map designated as B SP followed by the adoptive ordinance number.
(Ordinance 37 adopted 2/27/88; Ordinance 04-11 adopted 7/6/04; Ordinance 05-32, sec. 3, adopted 12/19/05)