Goliad City Zoning Code
Division 3
Uses
§ 14.02.101 Conditional uses.
(a)
After public hearing and proper notice, and after recommendation by the planning and zoning commission, the city council may authorize the issuance of conditional use permits when the council finds all of the following conditions present:
(1)
That the establishment, maintenance, or operation of the conditional use will not be materially detrimental to, or endanger, the public health, safety, morals, or general welfare.
(2)
That the uses, values and enjoyment of other property in the neighborhood, for purposes already permitted, shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use.
(3)
That the establishment of the conditional use will not significantly impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5)
That adequate measures have been or will be taken to provide ingress or egress, so designed as to minimize traffic congestion in the public streets; and
(6)
That the conditional use shall conform to all applicable yard area regulations of the district in which it is located.
(b)
Prior to the granting of any conditional use, the city council may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (a)(1) through (6) above. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the city council’s sole discretion. No application for a conditional use that has been denied wholly or in part by the city council shall be resubmitted for a period of six (6) months from the date of said denial.
(Ordinance adopted 10/13/21)
§ 14.02.102 Classification of new and unlisted uses; annexed territory.
(a)
It is recognized that new types of land use will develop, and forms of land use, not anticipated, may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
(1)
The zoning administrative official shall refer the question of any new or unlisted use to the planning and zoning commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts, listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated, and the general requirements for public utilities, such as, water and sanitary sewer.
(2)
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts, and, after public hearing, determine the zoning district or districts within which such use should be permitted. The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such use, as is determined appropriate after considering the facts and recommendations.
(b)
Concurrent rezoning and annexation.
The city may consider application(s) for permanent zoning of a newly annexed area at the same time as the area is being considered for annexation.
(Ordinance adopted 10/13/21)
§ 14.02.103 Nonconforming uses.
(a)
Intent.
(1)
Within the districts established by this article, or amendments that may later be adopted, there exist lots and uses of lands, buildings and structures, uses of land and buildings in combination, and characteristics of use which were lawful before this article was passed and amended, but which would be prohibited, regulated or restricted under the terms of this article or future amendments. It is the intent of this article to permit these nonconformities to continue until they are removed.
(2)
To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this article and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(b)
Nonconforming lots of record.
In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this article. This provision shall apply even if such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by section 14.02.201; however, all other provisions of section 14.02.201 shall apply. Any required variances shall be obtained only through the zoning board of adjustment.
(c)
Conformance when:
(1)
The lawful use of a building or land existing at the date of enactment of this article, although such does not conform to the provisions hereof, may be continued, but if nonconforming use is discontinued for a period of six (6) consecutive calendar months, it shall not thereafter be resumed and any future use of such building or land shall be in conformity with the provisions hereof.
(2)
The use of land, if changed from a nonconforming use, shall be in conformity with the provisions hereof.
(d)
Board approved use conforms.
Any use that is permitted in a district only upon action of the board of adjustments shall, upon its establishment, be considered a conforming use in that district, provided that this regulation shall not be so interpreted as to waive any conditions of a conditional permit for such use.
(Ordinance adopted 10/13/21)