La Feria City Zoning Code
§ 19
SPECIFIC USE PERMITS GENERALLY.
A.
STANDARDS
No application for a specific use shall be granted by the City Commission unless all of the following conditions are present:
(1)
That the establishment, maintenance or operation of the specific 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 specific use;
(3)
That the establishment of the specific 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 specific use shall conform to all applicable area, yard, height, lot coverage, building size and exterior requirements and parking space regulations of the district in which it is located.
B.
CONDITIONS AND GUARANTEES
Prior to the granting of any specific use permit, the city commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the specific 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 Subsection A above. In all cases in which specific use permits are granted, the city commission shall require such evidence and written guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
C.
EFFECT OF DENIAL OF APPLICATION
No application for a specific use permit which has been denied wholly or in part by the city commission shall be resubmitted for a period of sixty (60) days from the date of said denial.
D.
APPLICATION, FILING PROCEDURES AND FEES
The Property owner or certified agent shall make application on a form prescribed by the City of La Feria, and such application shall provide a site plan. Obtaining a special use permit shall not exempt an applicant from complying with requirements of the City of La Feria’s building codes or other ordinances.
E.
SITE PLANS
(1)
Purpose:
The purpose of the site plan is to ensure compliance with the zoning ordinance and to assist in the orderly and harmonious development of the city, to protect and enhance the general welfare, and to help prevent the impairment or depreciation of land values and development by the erection of structures, additions, or alteration thereto without proper attention to site planning.
(2)
Recording:
An applicant for a special use permit shall file a site plan with the City Manager or his or her designated administrative official.
(3)
Contents:
A site plan shall contain drawings to scale to indicate, as needed:
(a)
The location of all structures on the subject property and on adjoining property;
(b)
Landscaping and/or fencing yards and setback areas and proposed changes;
(c)
Design of ingress and egress;
(d)
Off-street parking and loading facilities;
(e)
Height of all structures;
(f)
Proposed uses; and
(g)
The location and types of all signs, including lighting and heights.
F.
PROCEDURE
The city manager or his or her designated administrative official shall have the responsibility for processing all applications for special use permits and presenting them to the city commission for consideration. The city manager or his or her designated administrative official shall complete all of the following procedures prior to the city commission’s consideration of an application for a specific use permit:
(1)
The city manager or his or her designated administrative official performs all investigation he or she deems necessary under the circumstances.
(2)
The city manager or his or her designated administrative official shall obtain recommendations from the chief of police and from the fire marshal relative to the application.
(3)
The city manager or his or her designated administrative official shall send, by first-class mail, a written notice of a public hearing conducted by the city commission, in a form prescribed by the city manager or his or her designated administrative official, to each and every owner of real property, as determined from the most recent property tax rolls within two hundred (200) feet of the property of which an application has been made. In no event shall such notice be sent less than ten (10) days prior to the date of the meeting at which the city commission will conduct a public hearing regarding such application.
(4)
The city manager or his or her designated administrative officials shall publish said notice of public hearings one (1) time in the official newspaper of the City of La Feria. In no event shall such notice be published less than ten (10) days prior to the date of the meeting at which the city commission will conduct said public hearing.
(5)
The city manager or his or her designated administrative official shall formulate a recommendation to the city commission regarding the application.
G.
ACTION BY THE CITY COMMISSION
(1)
The city commission shall conduct a public hearing on each application for a special use permit.
(2)
The city commission shall consider the recommendation of the city manager or his or her designated administrative official regarding each such application.
(3)
After the close of the public hearing, the city commission shall take action to grant or to deny the specific use permit. The city commission may grant a specific use permit subject to appropriate conditions and safeguards when the city commission finds:
(a)
That the proposed specific use meets all the minimum standards established in this ordinance and other applicable ordinances.
(b)
that the proposed specific use meets the intent of the zoning district in which it is located, and is in accordance with the comprehensive plan.
(c)
that the proposed specific use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to the neighboring property.
H.
TERM OF PERMIT; RENEWAL
A specific use permit shall have a term of not more than one (1) year from the date it is granted by the city commission unless otherwise provided by the city commission. If the specific use permit is given a term other than one (1) year, the expiration date shall be set forth in the permit. Any permittee wishing a renewal of such permit for successive terms shall make application for such renewal to the city manager or his or her designated administrative official, not less than thirty (30) days before the date the permit expires. If, after proper inspection, the city manager or his or her designated administrative official finds that the conditions of the original permit are being met, and there have been no signed complaints of noncompliance, the permit may be renewed by the city manager or his or her designated administrative official for an additional term equal to the term originally which the city commission originally granted. If there is evidence of or complaints of noncompliance with the terms of the permit, then a request to renew the permit shall constitute a request for a new special use permit which shall be subject to all the provisions of this Section 19.
I.
COMPLIANCE; REVOCATION AND CANCELLATION
(1)
The city manager or his or her designated administrative official shall ensure compliance with this ordinance and all special use permits granted by the city commission. He/she shall:
(a)
Make inspections to determine compliance with the provisions of this ordinance and the permit, and initiate appropriate action if necessary.
(b)
Investigate thoroughly any complaints of noncompliance concerning a permitted special use, and keep a record of all complaints, indicating any action taken. These records shall be made available at the time of renewal of the permit.
(2)
Upon determination of noncompliance with the provisions of a special use permit, the city manager or his or her designated administrative official shall give to the permit holder written notice of:
(3)
The city commission, after due hearing, may revoke any special use permit that has been reported in violation by the city manager or his or her designated administrative official. Continued use without a permit shall be a violation of the Zoning Ordinance and shall be subject to the penalties provided therein.
(4)
If within one hundred eighty (180) days after the date the city commission grants a special use permit, such permit has not been used, or a building permit has not been obtained, where construction is necessary, such special use permit shall be automatically canceled at midnight on the one hundred eightieth (180th) day following the date the city commission issued such permit.
(5)
In the event, the owner of the property subject to a special use permit transfers such property during the term of such permit, such special use permit shall be automatically canceled at midnight on the fifth (5th) business day after such transfer unless the transferee has executed a written agreement that such special use may continue on the subject property after the date of transfer and such executed, written agreement is delivered to the city manager or his or her designated administrative official before 5:00 PM on the fifth (5th) business day after such transfer.
(Ordinance 2008-03 adopted 1/10/08)