Any of the following uses may be located in a specified district by special use permit of the city council, after public hearing and after recommendation by the commission, under such conditions as to operation, site development, parking, signs and time limit as may be deemed necessary in order that such use will not injure the appropriate use of neighboring property and will conform to the general intent and purpose of this chapter. Such uses shall comply with the height and area regulations of the district in which they may be located, except that radio, television and microwave towers may exceed such height regulations.

(1)

Amusement parks, racetracks, circuses, carnivals and fairgrounds.

(2)

Cemetery.

(3)

Commercial baseball fields, athletic fields, golf driving ranges, swimming pools, arcades, riding stables, miniature golf and commercial recreation parks.

(4)

Churches and places of religious worship in districts other than residential.

(5)

Fraternal, civic organization clubhouses.

(6)

Day care facilities for child and elder care.

(7)

Walk-in theaters.

(8)

Gun clubs, skeet shoots, or target ranges.

(9)

Hospitals, rehabilitation centers, halfway houses, or penal or correctional institutions.

(10)

Radio, television, and microwave tower-antenna. Radio, television, microwave or other tower-antenna shall be setback from all property lines the distance equal to or greater than the height of the antenna.

(11)

Buildings, structures and premises for public utility service and public service corporations.

(12)

Group homes for the disabled.

(13)

Sexually-oriented businesses, as described in chapter 26, article III, as may be permitted in commercial areas in zoning district C-3 only.

(14)

Mini-warehouse storage in zoning district M-1 only.

(15)

Commercial parking lot.

(16)

Shops and stores for the sale of alcoholic beverages.

(17)

Establishments that [are] private clubs [that] derive at least 75 percent of the establishment's gross revenue from the on-premises sale of alcoholic beverages. This use is permissible by special use permit only in the C-1, C-2, and C-3 commercial district and only where the place of business is not within 300 feet of a church, public school or public hospital.

(18)

Establishments that hold and have been issued a private club registration permit or other private club permit under the Texas Alcoholic Beverage Code, chapters 32 or 33, as amended, if:

a.

The establishment derives at least 35 percent of its gross revenues from the on-premises sale or service of alcoholic beverages;

b.

The premises of the establishment are located in a dry area; and

c.

The permit is not issued to a fraternal or veterans organization or the holder of a food and beverage certificate issued by the state alcoholic beverage commission.

(19)

Any use not expressly allowed in a zoning district if deemed appropriate by the city council after recommendation by the commission, if such use is consistent with surrounding uses and with uses otherwise allowable in the zoning district.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Before taking any action on any proposed special use permit, the city council shall submit the proposed permit to the commission for its hearing, recommendation and report.

(b)

A public hearing shall be held by the city council before council action on the permit application can be taken. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the city.

(Ordinance 06-09, § 2, 3-23-06)

(a)

If a proposed special use permit is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of a least three-fourths of all members of the city council. The protest must be written and signed by the owners of at least 20 percent of either:

(1)

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

(2)

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

(b)

In computing the percentage of land area under this section, the area of streets and alleys shall be included.

(Ordinance 06-09, § 2, 3-23-06)

A fee prescribed by the master fee schedule shall accompany each application for a special use permit. No refunds shall be made. All such applications shall be made upon the forms prescribed by the city and filed with and such fee paid to the city secretary. The city secretary shall note on the application the date of filing and make a permanent record of the application and, thereafter, of all proceedings on the application.

(Ordinance 06-09, § 2, 3-23-06; Ordinance 12-13, § 13, 7-26-12)

The applicant for a special use permit shall place a special use permit sign, provided by the city, in a highly visible location on the site, within 15 feet from the property line. If the property fronts on two or more streets, signs must be placed adjacent to each street. The applicant shall make a refundable deposit of $75.00 for each sign provided. Such signs shall be two feet by two feet and shall be placed in position on the site within 48 hours after filing. The applicant is responsible for such sign's remaining visible on the site continuously thereafter until final consideration by the city council. The sign shall be returned to the city within 24 hours after city council action on the request. Verification of compliance will be made by the zoning administrator. Noncompliance with this provision will result in cancellation of the hearing and forfeiture of the filing fee, but shall not invalidate any special use permit granted by the council.

(Ordinance 06-09, § 2, 3-23-06; Ordinance 10-02, § 1, 5-13-10)