Monahans City Zoning Code
§ 9.03.009 R-6 district
Specific use permit.
(a)
The city council, after public hearing and property [proper] notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the issuance of specific use permits with or without term for the following types of uses in the following districts:
(1)
Radio, cell and television broadcasting towers and transmitting stations (commercial only) in any district.
(2)
Hospitals, convalescent homes, or institutions of a religious, education, or philanthropic nature in any district.
(3)
Mobile home parks in any district.
(4)
Rock quarries and sand, gravel, and caliche excavations in any district.
(5)
Cabinet (custom) shops with the following restrictions (together with any others the council may impose), to wit:
(6)
Drive-in restaurants.
(7)
Apartments.
(8)
Townhouses.
(9)
Sexual oriented businesses.
(10)
Accessory building for living or sleeping quarters in any district, not including rental as a separate dwelling.
(11)
Automobile sales, new (where the major business is the display and sale of new automobiles by a factory-authorized dealer, and where mechanical and body repair and used car sales, if permitted, are strictly incidental thereto, and not including wrecking or auto salvage yard).
(12)
Community and civic type recreational, educational or fine arts facilities.
(13)
Governmental offices in any district.
(14)
Institutions of a religious, educational or philanthropic nature in any district.
(15)
Medical supplies, retail or medical or dental laboratory or optical laboratory in any district.
(16)
Private school, elementary or secondary in any district.
(17)
Utility storage (consisting of private storage rental units, each unit not exceeding three hundred (300) square feet in area and one (1) standard story in height.
(18)
Pipe and oil well supply, storage and sales yard in the C-3 district.
(19)
Oilfield contractor servicing, supply and storage yard in the C-2 district.
(20)
Convalescent, nursing or custodial care home, or hospital, in the R-3, C-1 and C-2 district.
(21)
Construction contractors in C-2 district.
(22)
Such other uses as the city council may deem proper or necessary.
(b)
Every application for a specific use permit of any type shall be accompanied by the following minimum information.
(1)
A detailed description of the intended use of the property.
(2)
The availability and location of off-street parking.
(3)
The projected amount of additional traffic generated in and around the property, the types of vehicles anticipated that will be visiting the property, the likely changes in traffic patterns, and the possible impact such changes in traffic will have on properties within five hundred (500) feet of the subject property.
(4)
The proposed number of occupants or users of the property and the proposed hours of occupancy.
(5)
If the use proposed will require deliveries of goods to the property.
(6)
Whether or not the proposed use requires any type of state or federal license or permit to operate and what type of license or permit is required.
(7)
The number and locations of properties within one-half (1/2) mile of the applicant’s property that have the same or similar use(s) as that proposed by the applicant.
(c)
The city planning and zoning commission, in considering and determining its recommendations, or the city council, in considering any request for a specific use permit, may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The city council may, in the interest of the public welfare and to assure compliance with this title, establish conditions of operation, location, arrangement, occupancy limits, and construction of any use for which a permit is authorized.
(d)
In authorizing the location of any of the uses listed as specific use permits, the city council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, traffic, explosion, glare, offensive view or other undesirable or hazardous conditions.
(e)
A specific use permit without term shall be effective until repealed by the city council.
(f)
A specific use permit with term shall be effective for two (2) years from the date of approval by the city council, subject to extension in accordance with this code or early termination in accordance with this code.
(g)
A specific use permit with term may be renewed for additional two-year terms in accordance with the following procedure:
(1)
The then-current owner of the property subject to the permit shall submit to the city manager an application for a renewal of the permit not later than sixty (60) days prior to the expiration of the then-current term, which application shall contain such information as may be required by the city manager. As part of the application for renewal, the property owner shall certify under oath that the use of the property has been at all times during the term of the permit in compliance with the provisions of the permit.
(2)
Upon a finding of the city manager that the use of the property has been and remains in compliance with the provisions of the permits originally issued, the term of the permit shall be extended for an additional two-year term from the date of termination of the prior term.
(3)
Upon a finding of the city manager that the use of the property has not been or is not in compliance with the provisions of the permit, the city manager shall send written notice to the owner of the property at the last known address as determined by the property rolls of the Ward County Appraisal District within ten (10) working days of the city manager’s finding that the permit will not be extended beyond the then-current term. Said notification shall contain a summary of the findings by the city manager citing what provisions of the permit or the city code have been violated. The owner of the property shall have ten (10) calendar days from receipt of the city manager’s notice to file a written appeal with the city council with a summary of the property owner’s basis for appeal. Unless requested by the property owner, the appeal shall be heard at the next regular city council meeting which occurs on or after the tenth calendar day following the receipt of the notice of appeal.
(4)
The appeal to the city council shall be conducted in accordance with the procedures adopted by the city council. The decision of the city council shall be final.
(h)
A specific use permit with term shall terminate prior to the expiration of the then-current term upon a finding by the city manager that the property for which the permit was issued has not been used for the purpose for which the permit was issued for a period of more than one hundred twenty (120) consecutive days. The city manager shall within ten (10) days of said finding send written notice of termination pursuant to this section to the owner of the property at the last known address of the owner as shown by the property rolls of the Ward County Appraisal District.
(Ordinance 1135, sec. 2, adopted 5/10/11; 1972 Code, sec. 27-6.3)