(A)

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.

(B)

The City Commission, after receiving the recommendation of the Planning and Zoning Board, may by ordinance grant a specific use permit for certain uses as herein identified and 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.

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

(A)

In considering any application for a specific use permit, the Planning and Zoning Board and City Commission shall hold public hearings as with any amendment request and consider the criteria stated in Article 3, Administration and Procedures, but shall not be precluded from consideration of other factors which may be relevant to a particular application.

(B)

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.

(C)

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

(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 Commission.

(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 Commission, subject to conditions, if any.

(A)

Licensed day care centers in the "NC" district and registered family homes and group day care homes in the "SFR" district may be permitted by a specific use permit subject to the following requirements:

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 of Texas Department of Protective and Regulatory Services regulations and guidelines.

(B)

Sexually oriented businesses shall comply with all requirements of Chapter 118, Sexually Oriented Businesses, of the City's Code of Ordinances, including provisions regarding required permits, design criteria, signage, and minimum distance from certain specified property uses.

(C)

Oil and gas wells shall be drilled and operated in compliance with all requirements of Chapter 114, Oil and Gas Wells, of the City's Code of Ordinances, including provisions regarding required permits, performance rules, minimum distance from certain specified property uses, and other restrictions on location of this activity.

(D)

Junkyards shall comply with all requirements of Chapter 113, Junkyards, of the City's Code of Ordinances, including provisions regarding required licenses, enclosure and landscaping, performance rules, minimum distance from certain specified property uses, and other restrictions on location of this activity.

(E)

Recreational vehicle parks shall comply with all requirements of Chapter 154, Recreational Vehicle Parks, including provisions regarding required licenses and design standards.

(F)

The operator of a Bed and Breakfast shall reside on the premises or in adjacent premises.