Whenever the public necessity, convenience, general welfare, or good zoning practices require, City Council may by ordinance after receipt of recommendation thereon from the Planning and Zoning Commission and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property contained within the Laredo Land Development Code (LLDC) or Official Zoning Map (OZM).

(a)

Initiation.

(1)

Amendments to the Laredo Land Development Code or the Official Zoning Map may be initiated in one of the following ways:

(A)

By the staff of the City of Laredo.

(B)

By adoption of a motion by the Planning and Zoning Commission.

(C)

By adoption of a motion by City Council.

(D)

A property owner may request an amendment to the Official Zoning Map by the filing of an Application for Amendment to the Official Zoning Ordinance Map (Zone Change Request) in conformance with Section 24-92.3.

(b)

Reinitiation (Reapplication).

(1)

In the event of reapplication for amendment to the zoning regulations, restrictions or boundaries or for changes to the Official Zoning Map due to: withdrawal of a prior application for such amendment, or change after notice of hearing thereon had been published, or due to denial of the amendment or change by the City Council, then said reapplication shall not be made before the end of the waiting periods listed below:

(A)

6 months = Reapplication for changes to the Official Zoning Map of same or more intensive land use classification.

(B)

3 months = Reapplication for changes to the Official Zoning Map for a less intensive land use classification, Special Use Permit (SUP) or Conditional Use Permit (CUP).

(2)

The above waiting periods begin with either the date of withdrawal of the prior application before the Planning and Zoning Commission or City Council or the date of the City Council's denial of the prior application.

(As amended 9/15/86, Ord. # 86-O-170)

(a)

Applications to Amend the Official Zoning Map adopted as part of this Ordinance shall contain at least the following information:

(1)

Copy of recorded deed.

(2)

Tax certificate for property issued by taxing entity, indicating all taxes are paid to date.

(3)

Name, address, telephone number of owner.

(4)

Name, address, telephone number of advocate if the owner is not available for hearing.

(5)

Present use, proposed use, present zoning and proposed zoning.

(6)

Deed restrictions, declarations, covenants, and/or restrictions.

(7)

A separate application is required for each tract of land. Where more than one (1) tract is to be considered a single application may be used provided that the tracts are contiguous.

(8)

Any other information or documentation which may be required by the Planning Department as set forth in the Application for Amendment to the Official Zoning Ordinance Map (Zone Change Request).

(a)

All hearing and notification procedures shall comply with Chapter 211 of the Texas Local Government Code as amended from time to time.

(b)

Appeal to City Council from an unfavorable recommendation of the Planning and Zoning Commission:

(1)

If an application for an amendment to the Official Zoning Map is filed by a property owner/s, and if the Commission votes to recommend to City Council a denial of the application, then the owner/s have the right to appeal to the City Council.

(2)

The owner/s shall file with the City Planning Department a written request for hearing before the City Council within thirty (30) days of the Commission's decision.

(3)

Written notice of the request for hearing before City Council concerning an unfavorable recommendation by the Planning and Zoning Commission on proposed changes in classification shall be sent to all owners of property, or to the person rendering the property for taxes, located within two hundred (200) feet of any property affected thereby within not less than ten (10) days before any such appeal is held.

(4)

Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail.

(5)

The affirmative vote of at least three-fourths (¾) of all members of City Council is required to overrule a recommendation of Planning and Zoning Commission that a proposed change to zoning map amendment be denied.

1.

Any applicant for a permit under the requirements of this section shall file with the City Planning Department an application for such permit. The processing of the application shall follow the administrative procedures set forth for amendment to the zoning map. When an application for a permit includes a subdivision of land, then subdivision regulations shall also apply.

2.

Each application for a special use permit shall be submitted on a form, as approved by the Director of the Planning Department, and contain, at a minimum, the following information:

1.

Name, address and telephone number of the property owner.

2.

If the property is owned by a business entity, a copy of the articles of incorporation or other documentation of that legal entity.

3.

Name, address and telephone number of the business owner (if different from the property owner).

4.

Affidavit Authorizing Representation if the property owner will be represented by the business owner (i.e. Lessee) or other person.

5.

A complete copy of a recorded deed showing the ownership of the property.

6.

Tax certificates generated by the City of Laredo Tax Department showing taxes have been paid and are current.

7.

Site plan of the subject property (drawn to scale of 1"=20') showing existing and proposed features including but not limited to buildings, roads, alleys, utilities, landscaping, fencing, sidewalks, access and egress, parking, and any other features which are relevant to adequately analyze the site for the intended use.

8.

If the proposed site is part of a condominium a copy of the condominium declarations (covenants and restrictions).

(a)

Application Procedures. Prior to the commencement of any type of construction work pertaining to a mobile home park, the owner or developer of the property shall obtain from the Council a special use permit for a manufactured housing park. He shall, prior to approval, submit to the Commission an application complete with eight (8) copies of the proposed site plan and construction plans that conform to design standards as set forth in this section.

(1)

Application Form. The application shall be made on a form approved by the Director of Planning, and shall include the following information:

a.

The name, address, and telephone number of the applicant and the applicant's agent, if any;

b.

The location and area of the proposed manufactured housing park;

c.

The number of manufactured homes, mobile homes, trailers or recreational vehicles which the proposed park is designed to accommodate;

d.

Restrictions proposed for units placed in the park, including any restrictions concerning the dimensions, make, model or year of manufacture of any manufactured housing unit.

e.

The number of parking spaces required and the number of parking spaces provided.

(2)

Site plan requirements. The site plan shall include the following information:

a.

The location and dimensions of any permanent type house, manufactured or modular home to be occupied by a resident manager;

b.

The location and dimensions of any commercial uses to provide services for the occupants of the park;

c.

The location and dimensions of any buildings or permanent structures used exclusively to provide services for occupants of the park such as a recreation building, swimming pool and bathhouse, laundry room, mobile home park office, storage rooms, or the like;

d.

The location and dimensions of any accessory building or structure that are clearly incidental to a mobile home such as a carport, cabana, and the like;

e.

The location and dimensions of any advertising signs provided, however that:

1.

No signs shall be placed in the interior of the development except for signs located at the entrances to the development;

2.

Directional signs to assist in guiding persons to various locations within the park provided that the maximum area of each sign shall not exceed two (2) square feet;

f.

The location and dimensions of all areas for storage of boat and recreational vehicles owned by residents of the park and maintained by the park management;

g.

The proposed placement of all manufactured housing units, mobile homes, trailers and recreational vehicles, and the dimensions of all spaces;

h.

The name, address, and telephone number of the person or firm preparing the site plan;

i.

Proposed access to the site from any public road, including the right-of-way and paving section;

j.

The alignment of all private roads or sidewalks providing access to individual housing sites;

k.

The location and dimensions of all parking areas proposed;

l.

The location of all existing and proposed utility lines and meters, and the source of supply or service for garbage and trash removal, gas, electricity, telephone, sewage disposal, storm drainage facilities, and water;

m.

The location of petrochemical or gas extraction, storage, transportation, or transmission facilities located within five hundred (500) feet of the proposed project; and

n.

Details of proposed landscaping, fencing or other physical improvements designed to protect individual privacy or to mitigate the adverse effects of noise, vibration, heat, dust or housing density.

(3)

Construction Plans. Construction plans for the proposed manufactured housing park shall include:

a.

A contour map and drainage plan which shall be submitted to the City Engineer for his review and approval.

b.

Plans and specifications for any public or private street construction which shall be submitted to the City Engineer for his approval.

c.

Plans and specifications for any water and sewer facilities which shall be submitted to the Laredo Water Works System for approval. Fire hydrant locations shall conform to the requirements of the Laredo Fire Department.

Once a set of manufactured housing park plans showing the proposed development has been submitted with an application for a manufactured housing park and approved by the council, such plans shall be considered as an integral part of the application, and development of the park shall be in accordance with the plans as approved. Any change in plans or deviation therefrom shall not be permitted unless a new application with revised plans is filed and another processing fee is paid, and a new manufactured housing park plan approval is issued for the property involved.

(b)

Design Standards. Manufactured housing parks shall meet the following design standards:

(1)

A manufactured housing park shall include spaces for not less than eight (8) manufactured housing units and/or recreational vehicle lots.

(2)

All manufactured housing parks shall have direct access to one (1) or more public streets.

(3)

The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development and shall be approved by the City Engineer. All streets and areas designated for resident or visitor parking or storage shall be paved. Streets which are to be dedicated to the public shall be dimensioned and improved in accordance with general subdivision regulations. The design and construction of private streets shall have a minimum width of thirty (30) feet.

(4)

Not less than 0.01 acres per manufactured housing unit space shall be reserved for recreational and open space uses. A credit against open space requirements not to exceed fifty percent (50%) of the total requirement may be approved for permanent recreational improvements accessible to all units. The value of the credit shall be established based on thirty-five thousand dollars ($35,000.00) per acre.

(5)

Each manufactured housing unit shall have a dedicated space of not less than three thousand five hundred (3,500) square feet for single-wide units and four thousand five hundred (4,500) for double wide units. Smaller spaces may be allowed with the approval of the Planning and Zoning Commission and the City Council, provided however, that spaces which do not meet the area requirements are specifically limited to units which meet all setback and building code requirements. Recreation camps included in a Special Use Permits shall have not less than five hundred (500) feet of dedicated space per camping unit.

(6)

There shall be a minimum clearance of not less than fourteen (14) feet between individual manufactured housing units or other buildings which are not accessory to the manufactured housing unit itself.

(7)

Not less than two (2) paved off-street parking spaces shall be provided per manufactured housing unit space. If recreation camps are included in the Special Use Permit, there shall be not less than one (1) paved parking space per unit required.

(8)

Each manufactured housing unit pad shall be provided with a level and stable base upon which to place the mobile home as recommended by the Federal Housing Administration.

(9)

Anchors and tie-downs for manufactured housing units shall be in accordance with applicable building codes.

(10)

Each manufactured housing unit shall be skirted within ninety (90) days after its placement. Skirting shall be of a type approved by the Building Standards Board of the City of Laredo.

(11)

Not less than two (2) trees per manufactured housing unit space shall be provided. The trees may be planted in any location, provided however, that all trees planted or existing trees preserved for purposes of compliance with this section shall be protected from inadvertent damage occasioned by motor vehicles or mobile home relocation by mean of curbs, curb-stops or other reasonable methods which shall be approved by the city.

(12)

The front setback requirements for all manufactured housing units shall be ten (10) feet from the paving section of any private street or roadway. Setbacks from public streets and roadways shall conform to the requirements of the R-3 (Mixed Residential Zoning District).

(13)

Electrical service to all manufactured housing units or recreational vehicles shall be installed underground in accordance with the underground service policy of the electric utility. Primary, secondary and street light conductors shall be located in dedicated utility easements. The Planning and Zoning Commission may recommend variances to this requirement, provided however, that no variance may be given which would compromise the standards set forth in adopted building codes. The Planning and Zoning Commission may require specific mitigation as a condition of granting a variance.

(14)

The manufactured housing park shall be screened by means of an opaque fence of not less than seven (7) feet in height in conformance with the requirements of Section 24-79.2 Fencing and Screening - Other requirements from any adjacent non-residential use. The Planning and Zoning Commission may recommend variances to this requirement, provided however, that no variance may be given which would compromise the standards set forth in adopted building codes. The Planning and Zoning Commission may require specific mitigation as a condition of granting a variance.

(c)

Exceptions. More than one (1), but not more than three (3) manufactured homes in place on May 30, 1993 which are located on a platted lot in an R-3 (Mixed Use Residential District) zone with direct access to a paved public street at least one (1) of which is owner-occupied. In addition to meeting all building, off-street parking, and front set-back requirements, the following is also required:

(1)

A paved parking area for not less than two (2) motor vehicles per manufactured housing unit; and

(2)

Paved walkways and a paved patio of one hundred (100) square feet adjacent to each manufactured housing unit; and

(3)

The placement of a permanent stabilized base for each manufactured housing unit and anchoring pursuant to standards established by the Department of Housing and Urban Development; and

(4)

Skirting of each unit immediately or within ninety (90) days of placement; and

(5)

Screening from adjacent property by means of an opaque fence of not less than seven (7) feet in height in conformance with the requirements of Section 24-79.2 Fencing and Screening - Other requirements.

(d)

Other Provisions. All non-conforming mobile home developments continuing in existence after August 9, 1993 are deemed illegal and the property shall be converted to another land use, unless the development has obtained a special use permit. It is specifically provided, however, that no person or entity shall be prosecuted for the failure to comply with the provisions of this section before August 9, 1994. If applicant, in making application for a Special Use Permit proposes a specific schedule for making the improvements required under this section, and such schedule is approved by the City Council, it shall be deemed to be a part of the Special Use Permit, and applicant shall be bound thereby in the same manner as all other requirements of the permit. If no schedule is proposed or submitted, no moving permit shall be issued for any manufactured housing unit until and unless all improvements are in place. No moving permit shall be issued for the placement of any manufactured housing unit unless all improvements required under the terms of the Special Use Permit are in place for the space to be occupied. The parking of recreational vehicles in spaces designated for manufactured housing units shall constitute a violation of the Special Use Permit, rendering such permit void.

(e)

The conditions and requirements of a Special Use Permit may be amended only by action of the Council, following review by the Planning and Zoning Commission. The Board of Adjustment shall have no authority to permit variances or amendments to the terms of an approved Special Use Permit.

The special use permit may include provisions for campground areas that are designed for use by tents, recreational vehicles, or other similar camping structures. These areas shall not be located in any sections designed for the placement of manufactured housing units. Areas designed for tent camping and recreational vehicles shall be indicated on the special use permit. Areas set aside for tent camping and recreational vehicles shall be excepted for the requirements of open space. Required under Section 24-93.2, subsection (b)(4).

(Ord. No. 2023-O-141, 8-7-23)

No business whereon three (3) or more junked items or used appliances are located temporarily or permanently, for whatever purpose, except where located within an enclosed building or which is located in an M-2 Heavy Industrial District and which is otherwise in conformance with this section, shall be established without a special use permit granted by the Council. Both new and any legal non-conforming businesses shall meet the requirements of this section listed.

(a)

Junk, salvage and/or used appliances yards shall be enclosed by an opaque fence or wall not less than seven (7) feet in height, except as otherwise provided, and be constructed and maintained in conformance with the requirements of Section 24-79.1.3 Fencing and Screening in commercial and industrial districts and Section 24-79.2 Fencing and Screening - Other requirements, and the following:

(1)

Where fences or walls abut residential property, no junk, salvage or used appliance shall be located less than twenty (20) feet from the property line.

(2)

Fences or walls on property lines that front on arterial streets shall be set back twenty (20) feet from the property line, or, shall be set back from the property line a distance equal to the average set back of the buildings on adjoining properties.

(3)

All junk, salvage and used appliance yards shall the secured against unauthorized entry or trespass during non-business hours.

(4)

Property used for junk, salvage or used appliance storage which is located adjacent to or within one thousand (1,000) feet of a State Primary Aid Highway shall provide a fence located not less than twenty (20) feet from the front, side, or rear property line of a height not less than the height of accumulated junk, salvage or used appliances.

(5)

The storage or display of junk, salvage or used appliances outside the fenced area is expressly prohibited.

(b)

All used appliances, parts or other materials located in or on the premises of any junk and/or used appliance yard in the City shall be so arranged as to allow reasonable access to and inspection of, the premises by authorized fire, health, police and building officials of the City of Laredo. Latches and/or doors shall be removed from all refrigerators and freezers located within said yard. Oil, gasoline and other flammable liquids shall be drained from wrecked vehicles.

All junk and/or used appliance yards failing to conform to the provisions of this section after October 15, 1986 are deemed illegal uses, and are subject to enforcement under the provisions of this section.

The extraction of minerals from the ground to include oil, coal, and gas, sand and gravel, rock and other mineral and chemicals shall require a special use permit granted by the Council and shall be in compliance with all other ordinances of the City of Laredo affecting such extraction, provided however that no special use permit is required within any M-2 Industrial District.

Storage of petroleum products, chemicals, chemical compounds, and aeriform gases, defined by the City Fire Chief as a potentially dangerous explosive, shall not occur without a special use permit granted by the Council, and only after the location and treatment of the premises has been approved by the City Fire Chief, provided however that no special use permit is required for flammable products if located in an M-2 Heavy Industrial District.

Before granting approval of any Special Use Permit the Commission shall make affirmative findings related to the following considerations:

(1)

The street carrying capacity for heavy vehicles used in the business shall be sufficient for said traffic.

(2)

Noise, odors, and air pollutants shall not negatively affect adjacent properties.

(3)

The proposed operation shall not negatively impact the value of the existing adjacent development.

(4)

The proposed operation shall not offer unsafe conditions for the adjoining population, due to open pit mining, improper use of explosive materials, chemicals or gases.

(5)

The proposed operation shall not present an unsafe attraction for children.

(6)

In the case of explosive or flammable product storage, the Commission shall make an affirmative finding that the storage of these products will be accomplished in such a manner as to not create a condition adversely affecting the health, safety, and welfare of the inhabitants of the City.

(7)

In addition to the foregoing, the Commission may impose such other conditions, requirements or limitations concerning the nature and extent of the use and operation in the extraction of minerals as the Commission may deem necessary for the protection of adjacent properties and the public interest. The findings of the Commission shall be considered by the Council in granting final approval for the issuance of a Special Use Permit.

The Council may grant a special use permit for a flea market not located in an M-1 Light Industrial Zoning District under the following conditions:

(1)

Direct access to an arterial street is provided.

(2)

All parking and loading is provided on the premises.

(3)

The flea market does not adjoin any residential zoning district.

(4)

Public sewer and water facilities and services shall be available on the premises which meet public health and adopted building code standards for a public rest room set forth in the Standard Plumbing Code Table 922.2 "Minimum Plumbing Fixtures" for restaurants. Retail sales area shall be measured as all that area of the business grounds excluding parking and building set-back requirements.

(5)

The flea market shall be designed such that sales are made from booths and not directly from motor vehicles.

The Council may grant a special use permit for Smoking Establishments, Drug and Tobacco Paraphernalia shops and Tobacco Shops under the following conditions:

(1)

Hours of operation shall be limited from 8:00 a.m. to 12:00 midnight.

(2)

No person under 18 years of age shall be permitted to enter the establishment or purchase any products from the establishment unless accompanied by an adult parent or guardian.

(3)

Each establishment shall post a sign conspicuously on each public entrance or near each public entrance notifying the public that no person under the age of 18 years of age may enter the establishment unless accompanied by an adult parent or guardian.

(4)

Smoking Establishments and Drug and Tobacco Paraphernalia Shops may not be located within eight hundred (800) feet of any residential zoned district, a church, a public or private elementary, middle or high school, a day care licensed by the state, a college or a university, public playgrounds, parks, or stadiums. Measurement shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used to house the establishment to the nearest property line of the premises of a church or public or private elementary, middle or high school, a day care licensed by the state, a college or a university, public playgrounds, parks, or stadiums.

(5)

Tobacco Shops may not be located within eight hundred (800) feet of any residential zoned district, a church, a public or private elementary, middle or high school, a day care licensed by the state, a college or a university, public playgrounds, parks, or stadiums. Measurement shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used to house the establishment to the nearest property line of the premises of a church or public or private elementary, middle or high school, a day care licensed by the state, a college or a university, public playgrounds, parks, or stadiums.

(6)

Landscaping shall be provided in accordance with the City of Laredo Land Development Code.

(7)

An opaque fence or wall of not less than seven (7) feet in height shall be constructed along any side or rear property lines which abut or adjoin property containing a residential structure or residential zoning district. Apartment complexes, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.

(8)

Establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.

(9)

Signage shall be consistent with the City's Sign Ordinance for a B-1 Zoning District.

(10)

Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.

(11)

There shall be no ground vibrations created or sustained on the site which are perceptible without instruments at any point on any property adjoining the subject property.

(12)

The establishment shall undergo an annual Fire Inspection.

(13)

The special use permit shall be issued to the establishment owner/operator and shall be non-transferal.

a.

A business entity, which has been granted an SUP, is required to report (on a form approved by the Director of Building Services) any change in the entity's ownership status which occurs by virtue of the transfer of a majority of its stock or a majority of its membership interest to the City of Laredo Building Services Director. Any change in ownership interest (occurring by virtue of the transfer of a majority of its stock or a majority of its membership interest) shall be deemed a transfer of the business and the existing SUP shall be null, void and of no force or effect. In every instance of transfer of ownership a new SUP application is required to be submitted and shall be processed as a new SUP request.

b.

A publicly traded business entity is exempt from the requirement of subsection (13)a. above.

(14)

Additional conditions may be imposed by City Council as deemed necessary for the safety and general welfare of the public.

(15)

Nothing herein, including but not limited to the issuance of a Special Use Permit, is intended to, nor shall it be interpreted as legalizing or applying to the delivery, furnishing, transferring, possessing or manufacture of drug paraphernalia or any use otherwise prohibited by state or federal law, including without limitation, Tex. Health & Safety Code § 481.125.

(16)

Tobacco Shops shall be required to submit, at the request of the City, an audit or allow an audit, of their gross revenue to insure that not more than forty-five percent (45%) of the establishments gross revenue is derived from the sale of Drug paraphernalia.

(Amended: Ordinance No. 2015-O-124, 9/21/15)

(a)

No restaurant serving alcohol may operate in a R-O (Residential/Office District), B-1 (Limited Commercial District), or B-3 (Community Business District) zoning district without a Special Use Permit (SUP) granted by the City Council of the City of Laredo. A restaurant which is already located and operating in one of these zones which wishes to add alcohol service is required to apply for a Special Use Permit (SUP).

(b)

The City Council may grant a Special Use Permit (SUP) for a restaurant serving alcohol in R-O (Residential/Office District), B-1 (Limited Commercial District), and B-3 (Community Business District) under the following conditions:

(1)

Establishments serving alcohol shall not be located within three hundred (300) feet of any church, public school, public park, residential structure or residential zoning district. The measurement is to be made from the front door of the establishment serving alcohol to the nearest property line (by shortest route) to the front door of the church, public school, entrance to the public park, front door of the residential structure or zoning district boundary and in a direct line across intersections wherever they occur and consistent with the measurement methodology as has been adopted by the Texas Alcoholic Beverage Commission.

(2)

Establishments located within the R-O (Residential/Office District) shall not exceed three thousand (3,000) square feet in floor area.

(3)

Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.

(4)

Landscaping shall be provided in accordance with the City of Laredo Land Development Code.

(5)

An opaque fence or wall of not less than seven (7) feet in height shall be constructed along any side or rear property lines which abut or adjoin property containing a residential structure or residential zoning district. Apartment complexes, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.

(6)

Establishments must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.

(7)

Signage shall be consistent with the City's Sign Ordinance and TABC rule or regulation.

(8)

Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.

(9)

There shall be no ground vibrations created or sustained on the site which are perceptible without instruments at any point on any property adjoining the subject property.

(10)

At all times the restaurant is open to the public for business, it shall continually maintain and serve food from its full service menu.

(11)

The restaurant shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy with Occupant Load.

(12)

The restaurant shall, during all hours of operation, maintain, free from obstruction or impediment to full instant use in the case of fire or other emergency, all exit accesses, exits or exit discharges.

(13)

The restaurant shall undergo an annual Fire Inspection.

(14)

All permits, licenses, certifications and inspections required by the codes and ordinances of the City of Laredo shall be kept up to date and current including but not limited to:

a.

Food Manager License (annual).

b.

Food Handler's Permit (annual).

c.

Certificate of Occupancy with Occupant Load. Occupant Load being the approved capacity of a building or portion thereof.

(15)

The special use permit shall be issued to the restaurant owner/operator and may only be transferred upon application to and with the express permission of the City Council.

a.

A business entity, which has been granted an SUP, is required to report (on a form approved by the Director of Building Services) any change in the entity's ownership status which occurs by virtue of the transfer of a majority of its stock or a majority of its membership interest to the City of Laredo Building Services Director. Any change in ownership interest shall be deemed a transfer of the business and shall require Council approval of the transfer of the existing SUP.

b.

Failure to comply with Subsection (15)a., above, shall render the existing SUP null, void and of no force or effect.

c.

A publicly traded business entity is exempt from the requirement of Subsection (15)a. above.

(16)

Additional conditions may be imposed by City Council as deemed necessary for the safety and general welfare of the public.

(Deleted by Ordinance 2002-O-211, 9-03-02)

The City Council may grant a special use permit for a bar, night club, cantina, or saloon to be located in the Historic Districts within the Central Business District under the following conditions:

(1)

The establishment is equipped with sprinklers and automatic warning systems.

(2)

The establishment has a window allowing a clear and unobstructed view of the bar and assembly areas.

(3)

All interior construction must be in conformance with the provisions of the Fire Hazard Specific Use Zoning Overlay district.

(4)

All exterior modifications and signs shall be subject to the review and approval of the Historic District/Landmark Board.

(5)

The special use permit shall be non-transferable.

(a)

Application Procedures. Prior to the commencement of any type of construction work pertaining to a mini-storage/warehouse facility, the owner or developer of the property shall obtain from the Council a special use permit for said usage. He/She shall, prior to approval, submit to the Commission an application complete with ten (10) copies of the proposed site plan and construction plans that conform to standards as set forth in this section.

1.

Application Form. The application shall be made on a form approved by the Director of Planning, and shall include the following information:

a.

The name, address, and telephone number of the applicant and the applicant's agent, if any;

b.

The location and area of the proposed facilities;

c.

The number of units and their dimensions, and area; and

2.

Site plan requirements. The site plan shall include the following information:

(1)

The location and dimensions of any permanent dwelling or guardhouse intended for security purposes; and

(2)

The location and dimensions of any advertising signs provided, however that:

a.

All signage shall be in compliance with the underlying zoning;

b.

Directional signs to assist in guiding persons to various locations within the facility shall be allowed provided that the maximum area of each sign shall not exceed two (2) square feet; and

(3)

The location and dimensions of all drives, and alleys; and

(4)

The proposed placement and dimensions of all storage units; and

(5)

The name, address, and telephone number of the person or firm preparing the site plan; and

(6)

Proposed access to the site from any public road, including the right-of-way and paving section; and

(7)

The location and type of security (i.e. cameras, gates, etc.); and

(8)

The location and dimensions of all parking areas proposed; and

(9)

The location of all existing and proposed utility lines and meters; and

(10)

Details of proposed landscaping, fencing or other physical improvements; and

3.

Construction Plans. Construction plans for the proposed mini-storage/warehousing facility shall include:

(1)

A contour map and drainage plan which shall be submitted to the City Engineer for his review and approval;

(2)

Fire hydrant locations, fire preventative measures, and maneuvering space for fire trucks shall be submitted to the Laredo Fire Department for approval; and

(3)

Plans and specifications for any water and sewer facilities shall be submitted to the Laredo Water Works System for approval.

Once a set of plans showing the proposed development has been submitted with an application for a mini-storage/warehouse facility and approved by the council, such plans shall be considered as an integral part of the application, and development of the facility shall be in accordance with the plans as approved. Any change in plans or deviation therefrom shall not be permitted unless a new application with revised plans is filed and another processing fee is paid, and a new mini-storage/warehouse facility plan approval is issued for the property involved.

(b)

Design Standards. Mini-storage/warehouse facilities shall meet the following design standards:

1.

The facility shall be located no less than three hundred fifty (350) feet from a Major Arterial as identified in the Transportation element of the Comprehensive Plan.

2.

No less than five percent (5%) of the total area of the proposed tract for development shall be reserved for landscape purposes in addition to those provisions established in Section 24-83, "Trees and Shrubs", of the Laredo Land Development Code.

3.

Fencing and/or walling shall comply with the provisions established in Section 24-79, "Fencing and Screening," of the Laredo Land Development Code. In the event additional fencing or walling is proposed, no less than twenty-five percent (25%) and no more than seventy percent (70%) shall be opaque. A visibility triangle as defined in Appendix "A" of the Laredo Land Development Code shall be maintained.

4.

Dumpsters, trash bins, or locations for refuse collection shall not be permitted.

5.

Flammables, combustibles, corrosives, toxins, nuclear waste, hazardous waste water, or any material requiring placards for transport shall not be permitted. No permits for storage of any like materials issued by the Laredo Fire Department shall supersede this provision.

(a)

Application Procedures.

1.

Application form: The application shall be made on a form approved by the Director of Planning, and shall include the following information:

a.

The name, address, and telephone number of the applicant and the applicant's agent, if any. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality;

b.

A deed and legal description of the property;

c.

Verification of compliance with FCC, FAA regulations and, if applicable, any other federal or state agencies;

d.

A notarized statement by the applicant and a sealed set of plans by a qualified engineer, confirming the construction of the tower will accommodate collocation of additional antennas for future users;

e.

A safety report by a qualified structural engineer establishing the structural integrity of the tower;

f.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer;

g.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower;

h.

A description of the feasible location(s) of future towers or antennas within the City of Laredo based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected;

i.

The separation distance from other towers described in an inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).

2.

Site plan requirements. The site plan shall include the following information:

a.

The location, type and height of the proposed tower;

b.

On-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in this section;

c.

Adjacent roadways, proposed means of access, and parking;

d.

Setbacks from property lines;

e.

Elevation drawings of the proposed tower and any other structures;

f.

Topography;

g.

The setback distance between the proposed tower and the nearest residential districts as set forth in this section;

h.

A landscape plan showing specific landscape materials proposed;

i.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

j.

Any additional information deemed by the Planning Director to be necessary to assess compliance with this ordinance.

(b)

Factors to be Considered in Issuance of Special Use Permit Include:

1.

Prior to recommending the issuance of a Special Use Permit, the Planning and Zoning Commission shall make findings concerning the following:

a.

Height of the proposed tower;

b.

Proximity of the tower to residential structures and residential district boundaries;

c.

Nature of uses on adjacent and nearby properties;

d.

Surrounding topography;

e.

Surrounding tree coverage and foliage;

f.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness which may include fencing and screening;

g.

Access;

h.

Availability of existing towers, other structures, or alternative technologies not requiring the use of towers or structures.

2.

In granting a special use permit, the City Council may impose conditions deemed necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(c)

Design Standards.

(1)

Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna, or

a.

Existing towers or structures are not located within the geographic area which meet applicant's engineering requirements, or

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements, or

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, or

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna, or

e.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable, or

f.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.

(2)

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:

a.

Towers must be set back a distance equal to at least seventy-five percent (75%) of the height of the tower from any adjoining lot line.

b.

Guys and accessory buildings must meet the minimum zoning district setback requirements.

(3)

Separation from off-site uses/designated areas.

a.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

b.

Separation requirements for towers shall comply with the minimum standards established in Table 1.

TABLE 1

¹ Separation measured from base of tower.

(4)

Separation distances between towers.

a.

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

TABLE 2

(5)

Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.

(6)

Landscaping. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(7)

Buildings or Other Equipment Storage.

a.

Antennas Mounted on Structures or Roof tops. The equipment cabinet or structure used in association with antennas shall comply with the following:

1.

A safety report from a structural engineer shall be provided establishing the structural integrity of the principal support structure.

2.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

b.

Antennas Mounted on Utility Poles or Light Poles shall be subject to franchises as required by law. The equipment cabinet or structure used in association with these antennas shall be located within designated easements or within the public right-of-way as provided in the franchise agreement. In no way shall the equipment cabinet or structure interfere with pedestrian or vehicular circulation and visibility.

c.

Antennas Located on Towers. The related unmanned equipment structure shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(d)

Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Laredo notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

The City Council may grant a special use permit for a nationalization of vehicles enterprise in a B-3 (Community Business District) and higher intensity zoning classification districts under the following conditions:

(1)

Minimum lot size of two (2) acres.

(2)

It shall not be located within two hundred (200) feet of:

a.

Any residential structure;

b.

The boundary of any district zoned AG, R-S, R-1, R-1A, R-1MH, RSM, R-2 or R-3;

c.

For the purpose of subsection (2), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of the premises of any residential structure or the boundary of any district zoned AG, R-S, R-1, R- 1A, R-1MH, RSM, R-2, or R-3.

(3)

Two (2) public restroom facilities per one (1) acre of land shall be available on the premises which meet public health and adopted building code standards set forth in the International Plumbing Code Table 403.1 "Minimum Required Plumbing Fixtures".

(4)

Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.

(5)

Trees and shrubs shall be planted along the perimeter of parking areas in accordance with the City of Laredo Land Development Code.

(6)

All parking lots shall be paved of asphalt or concrete materials.

(7)

Dumpsters, trash bins, and/or locations for refuse collection shall be provided on site.

(8)

A seven-foot opaque fence shall be provided adjacent to residential uses.

(9)

Signage shall be limited to that permitted in a B-1 district.

If it is determined based on inspection by the Planning Director or reasonable investigation by the City Manager, or his designee, that there exist reasonable grounds for revocation of a Special Use Permit, a public hearing shall be set before the Zoning Commission and the City Council.

(a)

Circumstances that warrant revocation of an approved special use permit include, but shall not be limited to, any of the following:

1.

Violation of any of the conditions of the special use permit if not corrected to the satisfaction of the City within ninety (90) days of the owner having received written notice of the violation and the means necessary to correct it;

2.

A plea of guilty or no-contest to an offense that that occurs on the property for which the special use permit is granted involving any zoning ordinance or provision of the City's Land Development Code;

3.

The building, premise, or land uses under the special use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate special use permit for such enlargement, modification, structural alteration or change;

4.

Violation of any provision of the site plan encompassing the property for which the special use permit was issued for, terms or conditions of a special use permit;

5.

The special use permit was obtained by fraud or with deception.

(b)

Revocation process. The revocation process shall be conducted through a public hearing and recommendation by the Zoning Commission, followed by a public hearing and ordinance amendment consideration by the City Council. The City Council may revoke the special use permit, deny the revocation and allow the use to continue, or deny the revocation and amend the special use permit to attach conditions to assure that the terms, conditions and requirements of the special use permit be met.

(c)

Effect of revocation. Upon the effective date of the revocation, it shall be unlawful to undertake or perform any activity that was previously authorized by the special use permit. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense.

(Ord. No. 2021-O-129, § 4, 10-18-21)

Conditional uses are those land uses which are not permitted by a site's current zoning designation, but are generally compatible with the surrounding land uses, and are authorized by the issuance of a Conditional Use Permit pursuant to the criteria and procedures described by this section.

Conditional uses require site review of their location, design, intensity, density, configuration, and operating characteristics, and may require the imposition of appropriate conditions, in order to ensure compatibility of the use to its particular location and mitigate its potentially adverse impact on the surrounding area.

The purpose of a Conditional Use Permit is to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. A Conditional Use Permit is primarily intended for property located in older sections of the City and is intended to promote development and/or redevelopment of such property which is consistent with the land use patterns of surrounding property.

The City Council may grant a Conditional Use Permit where there is a finding based on testimony received at the public hearing that the applicant is willing and able to mitigate any negative effects of the proposed use.

Any applicant requesting a Conditional Use Permit under the requirements of this section shall file with the City Planning Department an application for such permit with the appropriate fee. It shall be the applicant's responsibility to submit a complete application, which addresses the review criteria of this section.

All Conditional Use Permit applications shall contain, at a minimum, the following information:

(A)

A complete copy of a recorded deed conveying the proposed Conditional Use site to the person identified on the application as the owner.

(B)

Tax certificates, generated by the appropriate taxing entity, for the property indicating that all taxes are paid to date.

(C)

A site plan of the subject property, showing existing and proposed features, buildings, roads, alleys, utilities, etc. which are relevant to review of the conditional use application. Current land use of properties on all sides of the property and across streets and alleys.

(D)

The name, address, and telephone numbers of all owners, applicants, and representatives.

(E)

The certificate and/or articles of incorporation shall be required of properties owned by business entities.

Supplementary Information:

The Planning Director may request any information of the applicant as is necessary to evaluate the impacts of the conditional use application. Examples of the information which may be requested are elevations of the proposed new or remodeled structures, analysis of the traffic impacts of the proposed use, or evaluation of the environmental impacts of the proposed use.

Fees for conditional use permits shall be as listed in Appendix B-3 of the Laredo Land Development Code.

The processing of a Conditional Use Permit application shall follow the administrative procedures set forth for amendment of the zoning map in Section 24-92 of the Laredo Land Development Code.

A.

All Conditional Use Permit applications must conform to all of the following criteria:

1.

Applications for properties currently zoned A-G, R-S, R-1, R-1A, R-1-MH, or RSM may only seek conditional use status for those uses permitted by zones R-S, R-1, R-1A, R-1-MH, RSM, R-2, R-3, R-O or B-1 of higher intensity.

2.

Applications for properties currently zoned, R-2, R-3, or R-O, may only seek conditional use status for those uses permitted by R-3, R-O, B-1 or B-3 of higher intensity.

a.

Properties currently zoned Historic Residential Office (H-R-O), may seek conditional use status for a Reception Hall (outdoor) use, and are exempt from the distance requirement as provided in Section 24-65.15(18).

3.

Applications for properties currently zoned B-1, B-1R, CBD, AE, B-3 or B-4 may only seek conditional use status for those uses permitted by zones B-1R, CBD, B-3, B-4 or M-1 of higher intensity.

4.

Applications for properties currently zoned M-1 or M-2, may only seek conditional use status for those uses permitted by zones M-2 or MXD of higher intensity.

5.

The site of the proposed conditional use or any improvements thereon are not in violation of any local, state, or federal law (other than zoning violation).

6.

Application for Conditional Use Permit is prohibited if the existing underlying zoning requires a Special Use Permit for the proposed use.

7.

Any Conditional Use Permit authorized for a use, normally requiring a Special Use Permit in any district, must conform at a minimum with the performance standards required of that Special Use Permit.

8.

The use and site plan for the proposed conditional use shall conform, at a minimum, with all applicable provisions of the Land Development Code for the existing underlying zoning designation, including but not limited to:

a.

Site Development Standards. All parking, landscaping, signage, improvement and dimensional standards.

b.

Zoning Districts Standards. The purpose of the zoning district in which the proposed conditional use is to be located and any standards applicable to the particular proposed use.

9.

Conditional use status may only be authorized for proposed use. Application for conditional use status is prohibited for the purpose of deviation from any applicable development standards normally required by the existing underlying zoning, including, but not limited to signage, landscaping, parking, paving or dimensional requirements.

10.

Existing or previously legal-nonconforming structures may apply for conditional use status and are not limited by conditional use permit application parameters as stipulated in Sections 24-94.5.1 through 24-94.5.4 and 24-94.5.9.

11.

Conditional use status may be sought if the site has a non-conforming use which has been in existence for ten (10) or more years.

12.

Conditional use status may not be sought for uses requiring less intense zoning designation than that which currently exists on site.

(Ord. No. 2023-O-178, § 5, 9-18-23)

An application for a Conditional Use shall comply with the following standards:

A.

Suitability. The characteristics of the proposed site are suitable for the proposed use considering the size, shape, location, topography and location of improvements and natural features.

B.

Timeliness. The proposed use and/or development is timely, considering the adequacy of transportation systems, public facilities and services, existing or planned for the area affected by the proposed use.

C.

Compatibility to Surrounding Area. The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed as allowable by the underlying zoning district.

D.

Comprehensive Plan. The proposed use satisfies any applicable goals and policies of the Comprehensive Plan, which apply to the proposed use.

E.

Overlay Status. The proposed Conditional Use Permit is the only zoning overlay on that site.

F.

Master Plan. The proposed use is consistent with any approved Master Plan for that area.

G.

Use Appropriate and Compatible. The use shall be appropriate to it's proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity.

H.

Traffic. The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking or loading problems. Necessary mitigating measure shall be proposed by the applicant.

I.

Nuisance. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.

J.

Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.

The Planning and Zoning Director and Commission may recommend, and the Council may impose such conditions as are necessary to maintain the integrity of the City's zoning districts, to ensure the conditional use is consistent with the City's Comprehensive Plan, conforms with the Land Development Code, is appropriate to it's location and compatible with neighboring uses, and does not cause undue traffic congestion or significant deterioration of the environment.

All requirements imposed by a Conditional Use permit are in addition to and supplement land development code requirements.

Authorized conditions include, but are not limited to:

(A)

Site Plan Features. Limitations or requirements regarding the area, setbacks, open space, landscaping, buffering, lighting, fencing, signage, off-street parking, and similar site plan features of the proposal.

(B)

Operations. Limitations or requirements regarding the conditional use's operating characteristics, duration or any similar feature of the conditional use.

(C)

Duration. In the event Council limits the duration of a conditional use permit, a six-month grace period, starting from the Council's final approval date, shall be afforded the applicant, over and above that time period stipulate by Council.

Any change to an approved conditional use permit, other than those changes that qualify as insubstantial pursuant to Section 24-94.9 of this article, will require amendment of the existing conditional use permit

Amendment of an approved conditional use permit may only be authorized by the City Council pursuant to the administrative procedures set forth in Section 24-92 of the Laredo Land Development Code governing the amendment of the zoning map.

The Planning and Zoning Director may approve insubstantial changes to a previously approved conditional use permit. An insubstantial change is one that becomes necessary during the use's actual implementation, which could not be reasonably anticipated during it's review by the City Council and one that the Planning and Zoning Director determines does not significantly change the original approval granted.

An amendment to any of the following Conditional Use Permit requirements may not be considered insubstantial:

(A)

Use - Those activities allowed on site by the Conditional Use Permit.

(B)

Operational Characteristics - The gross limitations or requirements regarding the conditional use's operating characteristics.

(C)

Site Plan Features - The gross limitations or requirements regarding the area, setbacks, open spaces, landscaping, buffering, lighting, fencing, signage, or the off-street parking of the proposal.

(D)

Duration - Requirements governing the duration of the permit.

(E)

Permit Holder - Requirements regarding the person or entity to whom the permit is issued.

If it is determined based on inspection by the Planning Director or reasonable investigation by the City' Manager, or his designee, that there exist reasonable grounds for revocation of a Conditional Use Permit, a public hearing shall be set before the Zoning Commission and the City Council.

(a)

Circumstances that warrant revocation of an approved conditional use permit include, but shall not be limited to, any of the following:

1.

Violation of any of the conditions of the conditional use permit if not corrected to the satisfaction of the City within ninety (90) days of the owner having received written notice of the violation and the means necessary to correct it;

2.

A plea of guilty or no-contest to an offense that that occurs on the property for which the conditional use permit is granted involving any zoning ordinance or provision of the City's Land Development Code;

3.

The building, premise, or land uses under the conditional use permit is enlarged, modified, structurally altered, or otherwise significantly changed without the approval of a separate conditional use permit for such enlargement, modification, structural alteration or change;

4.

Violation of any provision of the site plan encompassing the property for which the conditional use permit was issued for, terms or conditions of a conditional use permit;

5.

The conditional use permit was obtained by fraud or with deception.

(b)

Revocation process. The revocation process shall be conducted through a public hearing and recommendation by the Zoning Commission, followed by a public hearing and ordinance amendment consideration by the City Council. The City Council may revoke the conditional use permit, deny the revocation and allow the use to continue, or deny the revocation and amend the conditional use permit to attach conditions to assure that the terms, conditions and requirements of the conditional use permit be met.

(c)

Effect of revocation. Upon the effective date of the revocation, it shall be unlawful to undertake or perform any activity that was previously authorized by the conditional use permit. Any person, firm, or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense.

(Ord. No. 2021-O-129, § 3, 10-18-21)

A Conditional Use Permit shall be transferable only with the approval of the City Council, and shall be subject to all conditions of the initial approval, and such other conditions as the City Council may require.

The Board of Adjustment shall have no authority to grant any variance to any aspect of any Conditional Use Permit duly authorized by the City Council.

The Standard Technical Specifications Manual shall be, at a minimum, reviewed on an annual basis by the Standard Technical Specifications Committee. Recommendations for revision shall be forwarded to City Council. Prior to City Council consideration, a public hearing on any proposed amendments shall be held before the Planning and Zoning Commission. The Planning and Zoning Commission shall forward a recommendation on the proposed amendments to the City Council.

The Standard Technical Specification Manual may be revised by ordinance after a public hearing by majority vote of the City Council. Recommendations by the Committee and Commission shall be submitted to the City Council with any proposed revision.