Levelland City Zoning Code
§ 9.517
Special Permit Uses.
(a)
Purpose.
In order to provide for design and land use flexibility in the various districts, certain uses of property may be applied for to the Planning and Zoning Commission of the City of Levelland. Upon a finding that the special permit use is in harmony with the purposes and objectives of the zoning regulations the Planning and Zoning Commission may recommend to the City Council that the special permit application be granted.
(b)
Permitted Uses.
Only those Special Permit uses stated in this section are permitted.
(1)
Outdoor Theater in a B-2 or I District, provided: Approval be obtained from the State Highway Department when located on or near a state highway.
(2)
Dog Kennels in a B-2 or I District, provided: There are no open pens in a B-2 District but fenced runs are permitted in an I District.
(3)
Excavation of Sand and Gravel in the B-2 and I Districts provided: Applicant meets the requirements of Commission and Council.
(4)
Recreation Vehicle or Travel Trailer Park in a B-2 District provided:
(A)
Area shall be at least three acres in size with a minimum of 100 feet adjacent to a public street or highway.
(B)
Recreational vehicle spaces will be rented by the day or week only and the occupant of a recreational trailer space shall remain in the same park not more than ninety (90) continuous days .
(C)
Access to the park shall be from a public street or highway. The number and location of access drives shall be approved by the City Manager. No space for parking vehicles shall be designed for direct access to a street outside the premises of the park.
(D)
Interior access drives shall not be less than eighteen (18) feet in width of pavement and shall be paved and maintained with a hard surface that shall be well-drained. No parking shall be permitted on the pavement.
(E)
Each space shall provide sufficient parking and maneuverability space so the parking or maneuvering of vehicles shall not necessitate-the use of any public street, sidewalk or right-of-way or any private property not a part of the park.
(F)
There shall be no minimum lot area for recreational vehicles except that such vehicles be so harbored that there shall be at least a ten (10) feet unobstructed clearance between such vehicles and provided that no part of such vehicles shall be closer than twenty (20) feet to any building within the park nor closer than five (5) feet to any access drive. There shall be no more than fifteen (15) such recreational vehicles per acre of gross site area.
(G)
There shall be at least one well-maintained recreational area, which shall be available for use by all occupants, and which shall total not less than eight (8%) per cent of the gross site area.
(H)
Outside lighting shall be erected in such a manner that it not be detrimental to nor project onto adjacent properties.
(I)
A business sign is permitted as an accessory use.
(J)
Exposed ground surfaces in all parts of the park shall be paved or covered with screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
(K)
Storage, collection and disposal of refuse shall be so conducted as to create no health hazard, rodent harborage, insect breeding area, accident or fire hazard, or air pollution. All refuse shall be stored in fly-tight, water-tight, and rodent-proof containers, which shall be located not more than 150 feet from any recreational vehicle space.
(L)
The person to whom the special permit is granted shall at all times operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition at all times.
(5)
Explosive Manufacture or Storage in the I District, provided: Approval of the Fire Chief obtained and additional conditions of Council are met.
(6)
Livestock or Feed Yards in the I District, provided: Approval of Health Department obtained and additional conditions of Council are met.
(7)
Stock Yards or Slaughtering of Animals in the I District, provided: Approval of Health Department obtained and additional conditions of Council are met.
(8)
Fat Rendering and Distillation of Bones in the I District, provided: Approval of Health Department obtained and additional conditions of Council are met.
(9)
Fertilizer Manufacture in the I District, provided: The process will not create any danger to the health or safety in residential areas of the city and will not create any offensive noise, vibration, smoke, dust, odors, heat, or glare in such residential areas.
(10)
Cotton Gin and Compress in an I District, provided: Approval of Health Department obtained and additional conditions of Council are met.
(11)
Junk Yards, Salvage or Scrap Operations, or Automobile Wrecking Yards in an I District, provided: Conditions of City Council are met and that the property be surrounded by at least a six (6) feet high solid screen fence and that material not be piled higher than the screening fence.
(12)
Manufacture of Chemicals and Storage in Bulk in an I District, provided: Conditions of Council are met.
(13)
Petroleum Refining and Storage in Bulk in an I District, provided: Conditions of Fire Marshal and City Council are met.
(14)
Feed Grinding and Processing in an I District, provided: Conditions of Council are met.
(15)
Curing, Tanning and Storage of Hides in an I District, provided: Conditions of Council are met.
(16)
Any other use not listed but which may be potentially hazardous or objectionable because of the emission of smoke, noise, odor, toxic gas or glare permitted in the I District, provided: Conditions of City Council are met.
(17)
Zero Lot Line houses in any residential district subject to the following conditions:
(A)
Front Yard.
The minimum front yard shall be fifteen (15) feet, provided that in no case shall a garage fronting only a street be within twenty (20) feet of the street property line.
(B)
Side Yard.
There shall be no side yard requirements for one side of the house; however, the other side yard shall be a minimum of ten (10) feet, five (5) feet of which shall be an access easement for adjoining property maintenance.
No doors, windows or other openings shall be permitted on Zero (0) lot line side of houses.
All corner lots shall have a minimum of ten (10) feet side yard adjacent to a street.
(C)
Lot Width.
The minimum width of any development lot shall be thirty-five (35) feet.
(D)
Lot Area.
The minimum area of any development lot shall be twenty-eight hundred (2,800) square feet.
(E)
Lot Coverage.
The combined area of all structures shall not exceed sixty-five (65) percent of the lot area. Trellised and open porches shall not be counted in the combined area.
(F)
Off-Street Parking.
Single family dwellings shall have a minimum of two (2) approved parking spaces.
(G)
Access.
All lots shall have access either to a public street or to a private street meeting city street construction standards.
(18)
Utility distribution facilities and appurtenances including water, sewer, electric, gas, telephone and television may be permitted in any district, except that power generation, and offices, may not be located in residential districts.
(c)
Large Scale Residential Developments.
(1)
Purpose.
The purpose of this section is to encourage creative approaches for better quality and lower cost residential developments by permitting reasonable modifications of the standard zoning and subdivision regulations in a completely planned development.
(2)
Plan Submission.
The owner or owners of ten (10) acres or more within a Residential District may submit a plan to the Council showing in detail the manner in which the land is to be used, the location, size, character and appearance of buildings, and provision for street circulation, off-street parking, service areas, landscaping, etc.
(3)
Time Limit.
The Council shall submit such plan to the commission who shall have forty-five (45) days in which to investigate, hold public hearings and make a report and recommendations of the City Council on the plan.
(4)
Procedure.
The Commission shall review the proposed development as to its conformity to the comprehensive plan and recognized principles of civic design, land use planning and landscape architecture. The minimum yard requirements of the district in which the development is located shall not apply, except that the minimum yards shall be provided around the boundaries of the area being developed. The Commission may impose conditions regarding layout, traffic circulation, and may require that appropriate deed restrictions be filled that would be enforceable by the city and/or an approved home owners' association for a period of at least twenty (20) years from the date of filing.
The plan shall comply with applicable procedures of the Ordinance governing the subdivision of land. A plat of the development shall be recorded regardless of whether a subdivision is proposed and such plat shall show building lines, common land, if any, streets, easements and other applicable features required by the Ordinance regarding the subdivision of land.
The maximum number of dwelling units permitted shall comply with the requirements of the district or districts in which the development is located. The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. The net development shall be determined by subtracting the area set aside for churches, schools, and commercial areas from the gross development area and deducting twenty (20) per cent of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside from common open space and recreational use shall be included in determining the number of dwelling units permit. The dwelling units may be one-family, two-family or multi-family provided.
For each three (3) acres of residential use in the development, there may be not more than one (1) acre for commercial use.
The proposed uses, signs, and off-street parking shall be approved by the Commission.
(d)
Procedure.
(1)
After receiving an application for a permit the Planning and Zoning Commission shall hold a public hearing thereon and determine the effect of such proposed use upon:
(A)
The neighborhood character
(B)
Traffic
(C)
Public utilities
(D)
Public health
(E)
Public safety and general welfare
the public hearing shall be conducted following notice of a hearing in the style required by Article 1011f of Vernon's Revised Civil Statutes. If the City Planning and Zoning Commission makes no report within thirty (30) days of the public hearing, the Commission shall be considered to have made a report approving the proposed special permit. After the recommendations and report of the City Planning and Zoning Commission containing reasons for the recommendation have been filed, a public hearing shall be held by the City Council. Notice of such hearing shall be given by publication one time in the official publication of the City of Levelland, Texas, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. |
(2)
The Planning and Zoning Commission in formulating their recommendations to the City Council and stating the reasons for the recommendation, may require from the applicant plans for construction and any other pertinent information which may help the Planning and Zoning Commission in reaching their determination of whether or not to recommend the special permit. In addition, the Planning and Zoning Commission may recommend to the City Council and the City Council may require in addition to the specified conditions inherent in the special permit, such other reasonable conditions and stipulations as are deemed to be necessary by the City Council for the protection of the immediate properties and for the protection of the neighborhood character around the special permit use.
(Ordinance 635, sec. 17, adopted 11/17/81; Ordinance 1063 adopted 9/12/2022)
