Harlingen City Zoning Code
ARTICLE XV
SPECIAL USE PERMITS
§ 111-413 Special use permit process.
The city commission, after public hearing and proper notice to all property owners within 200 feet (1,000 feet if the use is a food truck park) of the property involved, and after recommendations by the planning and zoning commission, may authorize the issuance of special or qualified use permits. The planning and development director shall waive the public hearing process for a special use permit application for a portable building and/or storage building as indicated in section 111-62 if certain conditions are met. The special use permit application for a portable building and/or storage building shall be administratively approved when no written complaints have been filed by any person with the planning and development department within ten days from the date of publication of notice in the local newspaper of record and the mailing of the notice to all property owners within 200 feet of the site in question. If a written complaint has been filed with the planning and development department concerning a permit for a portable building and/or storage building, the permit shall be processed as an original application in compliance with this section.
(1)
The planning and zoning commission, in considering and determining its recommendation to the city commission on any request for a special use permit under section 111-62, may require from the applicant, plans information, operating data and expert evaluation concerning the location, function, and characteristics of any building or use proposed, and shall require a site plan for a special use permit. The city commission may in the best interest of the public welfare and to ensure compliance with this chapter, establish conditions of operation, location, arrangement and authorizing the location of any of the uses listed as special use permits under sections 111-327 through 111-331. The city commission may impose such development standards and safeguards necessary for the protection of adjacent property and occupants thereof from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions. If the planning and zoning commission recommends denial of a special use permit request, the items will not be carried forward to the city commission unless the decision is appealed following procedures referenced in section 111-31(h).
(2)
Any use permit recommended by the planning and zoning commission and issued by the city commission may be qualified as described in subsection (a) of this section.
(3)
The use permit issued by the city commission shall be deemed an amendment to chapter 111, and the development shall be in keeping with the plans and specifications and other data submitted to the planning and zoning commission and the city commission for the purpose of securing such use permit.
(4)
Deviation or departure from the special use permit shall be deemed a violation of this chapter and shall void such special use permit.
(5)
The city commission shall approve or deny an application for a special or qualified use permit within six months of the filing of a properly completed application.
(6)
Special and qualified used permits granted after June 20, 1990, shall be personal to the grantee and shall be transferred only by cancellation of the existing permit and issuance of a new permit. However, special and qualified use permits granted or uses where an "s" appears under any one or more the "residence" classifications in section 111-62 shall run with the land for all classifications including nonresidence ones.
(7)
If the business for which a special use permit was granted ceases operation for a continuous period of three months or more, such permit shall automatically lapse. However, a special and qualified use permit granted for a use where an "s" appears under any one or more of the "residence" classifications in section 111-62 shall run with the land for all classifications including nonresidence ones. Furthermore, the planning and zoning commission and city commission may grant a special use permit that may run with the land rather than the owner if the use was built specifically for one purpose and could not be used otherwise without major renovations (e.g., residential garden homes in an R-1 zone or an established business which was built for a particular use which will not change).
(8)
The decision by the city commission regarding the denial, suspension or revocation of a special or qualified use permit is final.
(9)
The placement of a portable building on the site prior to the issuance of a special use permit shall result in doubling the special use permit fee as established in the city fee schedule in chapter 18 plus provisions for a repeat offender to be subject to court citation with a maximum possible fine as established in the city fee schedule in chapter 18.
(Code 1997, § 159.144; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 98-44, adopted 9/16/1998; Ordinance 01-16, adopted 2/21/2001; Ordinance 02-42, adopted 5/1/2002; Ordinance 02-73, adopted 7/17/2002; Ordinance 2021-07, § I, adopted 2/17/2021)
§ 111-414 Special use permit for sexually oriented businesses.
The process for this type of special use permit is exactly the same as described above for any special use permit with the exception that there is a bi-annual renewal requirement for businesses conducting a sexually oriented business under a special use permit. As specified in section 4-3, no person or other entity shall sell any alcoholic beverages or operate a business for the sale of any alcoholic beverage, within 300 feet of any church, public school, or public hospital. The measurement of the aforesaid 300 foot distance shall be along the property lines of the street fronts and from front door to front door and in direct line across intersections, where they occur. This bi-annual review is to ensure that the business maintains a standard of conduct in accordance with public health, safety, welfare and morals. Any citizen who wishes to file a complaint against an establishment of this nature may do so with the police department at any time. When a permit is up for renewal, staff will check with the police department for any such complaints. If the establishment has excessive complaints as determined by the planning and zoning commission and city commission, it will be reason enough to deny a renewal of such permit.
(1)
Location.
In no event shall any sexually oriented business be located within a 1,500 foot radius of a school, church, hospital, day nursery, or kindergarten school, park, residentially zoned area or another sexually oriented business measured from the nearest property line of a property developed with a sexually oriented business to the nearest property line of a school, church, hospital, day nursery or kindergarten school, park, residentially zoned area or another sexually oriented business.
(2)
Application.
No special use permit shall be approved unless a sexually oriented business special use permit application has been completed and turned in prior to the deadline date for the applicable planning and zoning commission meeting. In addition, a background check will be run on the applicant. If an applicant fails to provide all requested information or supplies false, fraudulent, or untruthful information on the application this shall be just cause to deny the permit.
(3)
Regulations for exhibition of sexually explicit films or videos.
A person who operates a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space a sexually explicit film, videocassette or other video reproduction shall comply with the following requirements:
a.
The application for a sexually oriented business special use permit shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
b.
No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police.
c.
It is the duty of the applicant/licensee, the owners, the partial owners and their agents and employees at the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
d.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the managers' stations. The view required in this division must be by direct line of sight from the manager's station.
e.
It shall be the duty of the applicant/licensee, owners, the partial owners, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (3)d of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the diagram filed pursuant to subsection (3)a of this section.
f.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
g.
It shall be the duty of the applicant/licensee, the owners, partial owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(4)
Denial of application for certain offenses.
A sexually oriented business special use permit application shall be denied if an applicant or an owner or partial owner has been convicted of a crime:
a.
Involving a violation of Texas Penal Code ch. 21 (other than section 21.06) or 43, or Texas Penal Code § 22.011, 22.021, 25.02, 25.06 or 25.07, together with future amendments thereof, or corresponding laws of other state or federal governments or criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
b.
For which:
1.
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2.
Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3.
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within a 24-month period.
c.
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the partial owner.
(5)
Suspension.
The chief of police shall suspend a sexually oriented business special use permit for a period not to exceed 30 days if he determines that an applicant/licensee, owner, partial owner, or employee of an applicant/licensee has:
a.
Violated any of the items mentioned in this subsection or violated subsection (4) of this section.
b.
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
c.
Refused to allow an inspection of the sexually oriented business premises by the fire marshal, environmental health department, police department, or building inspectors during regular business hours or fails to comply with applicable fire, health, building, and business regulations.
d.
Permitted gambling by any person on the sexually oriented business premises.
(6)
Revocation.
a.
The chief of police shall revoke a sexually oriented business special use permit if a cause of suspension mentioned above occurs and the permit has been suspended within the preceding 12 months or if he determines that:
1.
An applicant/licensee, owner, or partial owner gave false or misleading information in the material submitted during the application process.
2.
An applicant/licensee, owner, partial owner, or employee of an applicant/licensee has allowed possession, use, or sale of controlled substances on the premises.
3.
An applicant/licensee, owner, partial owner, or employee of an applicant/licensee has allowed prostitution on the premises.
4.
An applicant/licensee, owner, partial owner, or employee of an applicant/licensee has operated the sexually oriented business during a period of time when the sexually oriented business special use permit was suspended.
5.
An applicant/licensee, owner, or partial owner has been convicted of an offense listed in subsection (5)a.1 of this section for which the required time period has not elapsed.
6.
On two or more occasions within a 12-month period, a person or person committed an offense occurring in or on the premises of a crime listed in subsection (5) of this section for which a conviction has been obtained and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
7.
An applicant/licensee or an employee has allowed to occur or engaged in any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in Texas Penal Code § 21.01.
8.
An applicant/licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
b.
When the chief of police revokes a permit, the applicant/licensee shall not be issued a sexually oriented business special use permit for one year from the date revocation became effective.
(7)
Appeal.
An appeal from such a revocation or suspension may be taken to the city commission within ten calendar days from the revocation or suspension.
(8)
Previously existing nonconforming uses.
Nonconforming uses where sexually oriented business are operated on the date of adoption hereof shall be exempt from the application and location provisions hereof, but all other provisions of this chapter shall apply equally to such previously existing nonconforming uses.
(Code 1997, § 159.145; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 08-29, adopted 4/2/2008)
