Zoneomics Logo
search icon

El Campo City Zoning Code

ARTICLE 10

04 SPECIAL USE REGULATIONS

§ 10.04.001 General.

(a) 
Special use permits are intended to allow for certain uses that are not permitted in a particular zoning district by right, but which may be permitted under certain circumstances and application of certain conditions. Such special uses shall be permitted through the issuance of a special use permit (SUP).
(b) 
The special use is granted only at the location SUP is assigned to and is limited to that which is specifically described in the special use permit application, as amended and approved by the planning and zoning commission and the city council.
(c) 
The permit must be started within six months of the date approved by city council or the permit becomes null and void and the applicant must reapply for the special use, thereby starting the process over in its entirety, including cost. If a special use permit is abandoned for more than a year, the permit becomes null and void and the property shall revert to the original zoning designation.
(d) 
Every special use permit granted under the provisions of this article shall be considered as an amendment to the zoning ordinance and zoning map as applicable to such property and shall be adopted as a separate ordinance. In granting such permit, the city council may impose such conditions as may be necessary to promote and protect the public health, safety, order, morals, convenience, prosperity and general welfare. Said conditions shall be complied with by the grantee before a certificate of occupancy may be issued.
(e) 
Any changes to a special use shall be treated as an amendment to the special use permit and shall be subject to the same application and review process as a new application.
(f) 
The building official or designee shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the building official or designee determines that the requirements and conditions are being violated, a written notice shall be issued to the owner and tenant/renter of the property outlining the nature of the violation and giving the owner and tenant/renter of the property a maximum of 30 days to come into compliance. If after 30 days the violations continue to exist, then the building official or designee shall forward a report to the city council through the planning and zoning commission which may recommend that action be taken to remove the special use permit from the property and refusal to issue or revoke the certificate of occupancy. Any violations are also subject to criminal and civil penalties.
(Ordinance 2023-06 adopted 2/27/2023)

§ 10.04.002 Criteria for considering SUP applications.

(a) 
In considering any application for special use permits (SUPs), the planning and zoning commission and city council may give consideration to the criteria in this section, to the extent pertinent to the application. In addition, other factors may be considered which may be relevant to the application.
(1) 
Conformance of the proposed zoning and use with the El Campo Comprehensive Plan and other city policies.
(2) 
The character of the neighborhood.
(3) 
The zoning and use of nearby properties, and the extent to which the proposed zoning and use would be compatible.
(4) 
The suitability of the property for the uses permitted by right in the proposed zoning district.
(5) 
The extent to which approval of the application would detrimentally affect nearby properties.
(6) 
The extent to which the proposed use would adversely affect the capacity or safety of that portion of the street network or present parking problems in the vicinity of the property.
(7) 
The extent to which approval of the application would harm the value of nearby properties.
(8) 
The gain to the public health, safety, and welfare due to denial of the application as compared to the hardship imposed upon the landowner as a result of denial of the application.
(9) 
There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood.
(b) 
In addition to complying with all provisions within this section, all land uses that qualify as recreational vehicle parks, junkyards and salvage yards, food truck park, or sexually oriented businesses must fully comply with article 10.15 "recreational vehicle parks," article 10.16 "junkyards and salvage yards," article 10.18 "food truck park," or article 4.07 "sexually oriented businesses," of the city's Code of Ordinances.
(c) 
The city council may require additional conditions above the standards listed in this section 10.04.002, to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the special use is requested.
(Ordinance 2023-06 adopted 2/27/2023)

§ 10.04.003 Amendments.

The procedure for amending a special use permit shall be the same as for a new application, provided the zoning official may approve minor variations from the original permit which do not change the permitted land uses, increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.
(Ordinance 2023-06 adopted 2/27/2023)