For purposes of the zoning code, a "conditional use" is a use of property designated in the land use matrix which is otherwise not permitted in a specific zoning district, but which may become a compatible use through the imposition of, and compliance with, conditions related to development of the specific property.

(Ord. No. 2019-17, § 2, 8-27-2019)

Any use which is not contrary to city, county, state, or federal laws and which is not listed as an allowed use in this zoning code shall be deemed a conditional use in any district and subject to the provisions of this article.

(Ord. No. 2019-17, § 2, 8-27-2019)

Except as otherwise authorized in the zoning code, no person may develop or use any property for a use which is defined as a conditional use for the zoning district in which the property is located without first obtaining a conditional use permit from the city.

(Ord. No. 2019-17, § 2, 8-27-2019)

The following procedures shall govern the application, consideration, content, issuance, and termination of a conditional use permit:

(1)

Mandatory preliminary conference. Prior to submitting an application for a CUP, an applicant or the applicant's authorized representative should meet with the director to receive information regarding application procedures and requirements.

(2)

Application. An owner or developer who desires to use property located in the city in a manner which is defined as a conditional use shall file an application with the department for a CUP on forms approved by the department.

(3)

Complete application required.

a.

An application shall be deemed to be complete only when a signed application form and all information set forth on the application checklist for a CUP has been submitted to the department and the required application fee has been paid.

b.

An application for a CUP shall include a site plan.

(4)

Review process. Upon receipt of a complete application as determined by the city for a CUP, the application shall be reviewed under the process governing the review of an application for rezoning including notification, a report from the director, and public hearings before the planning and zoning commission and city council, allowing for testimony from the applicant and others who have an interest in the matter, facts, and opinions concerning the proposed change.

(5)

Report of the department. Upon receipt of a complete application for a conditional use permit, the director shall review and prepare a report and recommendation regarding the application, which shall be forwarded to the commission for consideration, and which shall contain:

a.

A review of the specifics of the application;

b.

A summary of any public comment received;

c.

Proposed conditions to be applied if the CUP is to be granted; and

d.

The recommendation of the director regarding the application, or, if the director has no recommendation, a statement to that effect.

(6)

Recommendation of the planning and zoning commission. After the close of the public hearing described in this section, the commission shall consider the application and forward to city council a recommendation:

a.

To grant the conditional use permit subject to the conditions recommended by staff, with or without addition or modification; or

b.

To deny the application on the grounds that the use, even with conditions, will be incompatible with the uses on adjacent properties, the goals and objectives of the comprehensive plan, and other relevant factors.

(7)

Effect of recommendation to deny. Where the planning and zoning commission recommends denial of a CUP, the application will not automatically be placed on a city council agenda. In order for the application to move forward, the applicant must appeal the commission's decision to city council in writing within ten days after the commission's recommendation to deny.

(8)

Action of city council. After the close of the public hearing described in this section, city council shall take the following action:

a.

Grant by resolution a conditional use permit subject to development regulations and conditions establishing requirements, which may include standards of operation, location, arrangement, occupancy limits, and construction for the use for which the permit is issued. In authorizing the location of any conditional use, city council may impose such development standards and safeguards as necessary to preserve the health, safety, and general welfare of adjacent property and its occupants and to protect such property and occupants from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, traffic, explosion, glare, surface water drainage, offensive view, or other undesirable or hazardous conditions, and the preservation of existing trees, natural terrain features, and navigable streams and their tributaries; or

b.

Deny the application.

(9)

Recess of the public hearing. After commencement of a public hearing, the planning and zoning commission or city council may recess a public hearing from time to time; provided however, if the public hearing is to be reconvened on a day other than the day on which the public hearing commenced, the commission or council shall clearly provide the specific date and time as to when the public hearing will reconvene.

(10)

Effective date of conditional use permit. A conditional use permit shall be deemed effective upon the date approved by city council unless specified otherwise within the permit.

(11)

Property owner protest. If an application for a CUP is protested in accordance with V.T.C.A., Local Government Code § 211.006, the proposed CUP must receive the affirmative vote of at least three-fourths of all members of city council in order to be approved.

(Ord. No. 2019-17, § 2, 8-27-2019)

The affirmative vote of at least three-fourths of all members of the city council shall be required before a change proposed pursuant to section 60-83, above, may take effect if there is delivered to the city secretary written protests of the change in accordance with V.T.C.A., Local Government Code § 211.006 as follows:

(1)

Minimum land area required. This section shall apply only if protests in proper form are received from owners of at least 20 percent of either:

a.

The area of the lots or land covered by the proposed change; or

b.

The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

(2)

Form of protest. A protest filed pursuant to this section shall be deemed to be in proper form and effective only if it:

a.

Contains a reference to the zoning application being protested, such as the address or location of the property under request, case number assigned by the city, or other identifying information;

b.

Is signed by the owner(s) of the property;

c.

In the case of a governmental entity, is accompanied by a certified copy of the order or resolution or a letter signed by the chief officer of the governing body of the governmental entity authorizing the issuance of the protest;

d.

Is delivered to the director prior to the taking of any vote of the commission, or to the city secretary prior to the taking of any vote of the city council, on the matter.

(Ord. No. 2019-17, § 2, 8-27-2019)

In computing the percentage of ownership of land referred to in subsection 60-84(1), above:

(1)

The area of streets and alleys shall be included in calculating the total land area within 200 feet of the lots or land covered by the proposed change;

(2)

If a street or alley is not owned by the public in fee simple, the property owner(s) adjacent to the street or alley shall be credited with ownership to the center line of the street or alley;

(3)

If a street or alley is owned in fee by a federal, state, or local governmental entity on behalf of the public, then the governmental entity shall be considered to be the owner of the street or alley regardless of the ownership of the adjoining property and the percentage of the ownership shall be attributable to the governmental entity.

(Ord. No. 2019-17, § 2, 8-27-2019)

An owner may withdraw a protest filed pursuant to the section 60-84 at any time prior to the taking of a vote by city council on the ordinance adopting the change by:

(1)

Delivering to the director a written request to withdraw the protest prior to the taking of the vote; or

(2)

Personally appearing before the planning and zoning commission or city council and requesting the withdrawal of the protest.

(Ord. No. 2019-17, § 2, 8-27-2019)

An applicant may withdraw an application for a conditional use permit at any time prior to the convening of the meeting at which the application is scheduled to be considered by delivering a written request for withdrawal of the application to the director prior to the beginning of said meeting. An applicant shall not be entitled to the refund of any application fee for an application withdrawn. Furthermore, an application for a conditional use permit which was previously the subject of a withdrawn application shall be treated as a new application and accompanied by a new application fee.

(Ord. No. 2019-17, § 2, 8-27-2019)

An applicant for a conditional use permit pursuant to this article may request that the public hearing regarding an application be considered at a date later than the date originally scheduled; provided, however, such request for postponement shall be:

(1)

Made in writing by the applicant not later than 72 hours prior to the time which the meeting is scheduled to convene;

(2)

Accompanied by the applicable fee necessary to reimburse the city for publishing the required public notice for the later meeting; and

(3)

If notice was originally sent pursuant to V.T.C.A., Texas Local Government Code § 211.007, the applicable fee necessary to reimburse the city for sending a notice of postponement to those originally notified.

(Ord. No. 2019-17, § 2, 8-27-2019; Ord. No. 2022-02, § 12, 3-22-2022)

No application for a conditional use permit for property which includes all or part of the same property which was described in a previously denied application for a conditional use permit, shall be accepted by the department earlier than one year after the date of final action on the prior application by the planning and zoning commission or city council, whichever is later to act, unless:

(1)

The commission determines the use for which the new application is made is not the same or a similar use to that proposed in the previously denied application; or

(2)

The commission determines that conditions relating to the property adjacent to the property which was the subject of the previously denied application have substantially changed, in which case a six-month waiting period shall be imposed from the date of the final action of the commission or city council on the prior application, whichever body was the last to act, until a new application can be filed.

(Ord. No. 2019-17, § 2, 8-27-2019)

A conditional use permit shall terminate and become null and void as follows:

(1)

Failure to commence the use. Upon a finding by the director that the conditional use for which the conditional use permit was issued has not commenced within 180 days after the effective date of the CUP or the date set forth in the CUP, whichever is applicable. For purposes of this paragraph, the use shall be deemed to have commenced:

a.

If no new construction or renovation of an existing building is required, when actual use for the purposes described in the permit commences; or

b.

If new construction or renovation of an existing building is required before the use can commence, when a complete application for a building permit, all required construction drawings, and the applicable permit fees have been delivered to the city building inspections department.

(2)

Failure to commence actual use within two years of new construction or renovation. If new construction or renovation of an existing building is required before the use can commence, upon a finding by the Director that actual use of the property has not commenced within two years after the effective date of the conditional use permit or other date set forth in the permit, or within two years of the date of issuance of the building permit, whichever is applicable.

(3)

Cessation of use not related to destruction of property. After commencement of the actual use of the property for the purpose set forth in the permit, upon a finding by the director that actual use of the property for the purpose for which the CUP was approved:

a.

Has not occurred for a period of 180 days after the commencement of the actual use for which the CUP was approved; and

b.

That the conditional use ceased for reasons other than destruction of buildings due to fire, flood, windstorm, or other natural disaster.

(4)

Cessation of use related to destruction of property. After commencement of the actual use of the property for the purpose set forth in the permit, upon a finding by the director that actual use of the property for the purpose for which the conditional use permit was approved has not occurred for a period of two consecutive years after the date of destruction of the buildings in which the use was occurring by fire, flood, or windstorm, or other natural disaster.

(5)

Failure to file an appeal. Unless the owner of the property files an appeal as set forth in section 60-91, below, on the fifteenth day following delivery of written notice to the owner of the property for which a conditional use permit has been issued.

(Ord. No. 2019-17, § 2, 8-27-2019)

(a)

Notice. Upon a finding of the director that the use of the property has not been or is not in compliance with the provisions of the permit, including the provisions for cessation of the use as cited in section 60-91, the director shall send written notice that the permit will be terminated 15 days from the date of the receipt of the notice, said notice to be sent by certified mail, return receipt requested, to the owner of the property at the last known address indicated on the property rolls of the county appraisal district, a copy of which notice shall also be placed on the property. Said notification shall contain a summary of the findings by the director citing the provisions of the permit or the city ordinance or regulation which has been violated.

(b)

Appeal. The owner of the property may file a written appeal of the director's decision with city council by delivering to the city secretary a summary of the property owner's basis for appeal not later than ten days from receipt of the director's notice. The appeal shall be heard at the next regular city council meeting which occurs on or after the tenth day following the receipt of the notice of appeal. The appeal to city council shall be conducted in accordance with procedures adopted by city council. On appeal, city council shall take one of the following actions, and council's such action will be considered final:

(1)

Uphold the decision of the director and terminate the permit;

(2)

Uphold the decision of the director, but grant additional time for compliance, after which date the permit shall terminate if the city council determines that compliance has not been achieved during the additional time; or

(3)

Grant the appeal.

(c)

Use following termination. Upon the termination of a conditional use permit following an appeal, or under section 60-90 if no appeal is taken, any use permitted or conditionally permitted in the district may be established in accordance with the procedures of this Code.

(Ord. No. 2019-17, § 2, 8-27-2019)

In addition to conditional use permits issued on or after date of adoption, CUP issued prior date of adoption, shall be subject to termination in accordance with this article.

(Ord. No. 2019-17, § 2, 8-27-2019)

The use of property for the purposes described in a conditional use permit may not commence until a certificate of occupancy has been issued by the department. No certificate of occupancy shall be issued until all conditions regarding the construction or installation on the property of improvements or structures of any nature and/or landscaping have been satisfied.

(Ord. No. 2019-17, § 2, 8-27-2019)

A person to whom a conditional use permit is issued may request an extension of time to commence the use for which the permit was issued by submitting a written request to the department not later than 15 days prior to the date the period for commencement of actual use ends. City council, on a showing of good cause by the applicant, may grant an extension for such time as it deems reasonable and in the best interest of the public.

(Ord. No. 2019-17, § 2, 8-27-2019)