Palmview City Zoning Code
CONDITIONAL USES
PERMITS
§ 156.065 PURPOSE.
The purpose of the regulations described by this subchapter is to allow the compatible and orderly development within the city of uses which may be suitable only in certain locations if developed in a specific way or only for a limited period of time as set forth during the public hearing process. A conditional use permit is required for all conditional uses listed in each zoning district’s category. At no time may a structure or property be adapted, or be in the process of being adapted, to a conditional use without first obtaining a conditional use permit from the city.
(Ord. 2016-07, passed 8-9-2016)
§ 156.066 APPROVAL, PROCEDURE, RESPONSIBILITY AND APPEALS.
The city’s Planning Director shall have the responsibility for processing all conditional use permits and presenting them to the Planning and Zoning Commission, and to the City Council where deemed required. The procedures for consideration shall include, but not necessarily be limited to: notice to all property owners within 200 feet of the subject property where a conditional use permit is being sought shall be mailed so that the neighboring property owners shall have received it not less than ten days prior to the scheduled public hearing; the Planning Commission may approve or deny any conditional use permit application based on the requirements for approval inclusive of commentary received during the public hearing process; and any appeal for a denied conditional use permit shall be in accordance to § 156.155 of this chapter. (Note: for any home occupation public hearing in a multi-family setting, such must have the property’s owner’s written consent.)
(Ord. 2016-07, passed 8-9-2016)
§ 156.067 APPLICATION, FILING PROCEDURES AND FEES.
The applicant for a conditional use permit shall make an application on a form prescribed by the city with legible site plans and legible floor plans as deemed necessary by the city. The fee for a conditional use permit and a renewal to a conditional use permit shall be determined by the City Council and subject to intermittent modification. Payment of the filing fee shall not be refundable in whole or in part regardless of the action taken on the zoning issue by the city.
(Ord. 2016-07, passed 8-9-2016)
§ 156.068 SITE PLANS AND FLOOR PLANS REQUIRED.
(A) The purpose of the site plan and floor plan is: to ensure compliance with this chapter and to assist in developing a safe and orderly conditional use permit development/use; to assure the stability of land values and investments; and enhancement of the public’s general welfare.
(B) The applicant shall file with the city’s Planning Department at least one legible copy of the site plan and, where necessary, one copy of a detailed floor plan. A conditional use permit shall be considered incomplete pending submittal of such plans to the city.
(C) The site plan shall contain, at minimum, details of the following features: location of all structures within the subject property, including their building setbacks; landscaping; buffering fences including type and height offence or wall barriers; ingress and egress; location and dimensions of un-impeded paved off-street parking; height of all structures; and the location of all signs as type, height and the like.
(Ord. 2016-07, passed 8-9-2016)
§ 156.069 REQUIREMENTS FOR APPROVAL.
(A) The Planning and Zoning Commission may permit a conditional use subject to appropriate conditions and safeguards when it finds the following:
(1) The proposed use complies with the minimum standards established in this chapter and other applicable ordinances;
(2) The proposed conditional use complies with the intent of the district in which it is located; and
(3) The proposed conditional 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.
(B) Appeal of a decision made by the city’s Planning and Zoning Commission, by the applicant or by any neighboring property owner who may object to its approval, shall be in accordance with § 156.155 of this chapter.
(Ord. 2016-07, passed 8-9-2016)
§ 156.070 DEVELOPMENT, REVOCATION AND/OR AUTOMATIC CANCELLATION OF PERMIT.
(A) The city’s Planning Director and the planning staff shall ensure compliance with this chapter and the terms and conditions set forth in its approval. They shall make random and/or intermittent inspections to determine compliance of the city’s ordinances and policies and, if necessary, activate enforcement measures to seek full compliance. The city’s planning staff shall also investigate any complaints of alleged non-compliance to the conditional use permit’s property and shall keep a record of all complaints indicating what action has or had been taken. These records shall then be presented to the city’s Advisory Commission and/or City Council at the time of proposed renewal.
(B) Upon determination of non-compliance of the conditional use permit to prevailing ordinances and/or terms of its approval, the city’s planning staff shall give written notice to the permit holder of record citing the nature of the alleged violation, and the action necessary to remedy the violation; and shall set forth a time period of not less than ten calendar days, nor more than 30 calendar days, in which to comply.
(C) The Planning and Zoning Commission, after due hearing called to consider any violation that would warrant its consideration prior to any renewal date, may revoke or suspend a conditional use permit that has been legitimately documented to continually violate the city’s ordinances and policies. Continued use without a permit will be a violation of this chapter and shall be subject to the Municipal Court process to seek proper adjudication.
(D) If a conditional use permit has not been used within one year after approval, the permit is automatically cancelled; and any desire to seek its activation must again be processed as originally considered (i.e., file the filing fee, site plan review, advisory board action in a public hearing format and the like).
(Ord. 2016-07, passed 8-9-2016)
§ 156.071 PERIOD OF CONDITIONAL USE AND RENEWAL.
(A) A conditional use permit shall have a time period of one year unless otherwise approved by the City Council. If the conditional use does have a time limit to expire, or to commence, it shall be set forth at the time of approval. Any application for renewal of a conditional use permit shall make an application, with the filing fee paid, not less than 30 calendar days prior to its expiration deadline’s date. If, after proper inspection and documentation by the planning staff finds that there have been no complaints, and the original terms of approval have been fully complied with, the conditional use permit may be administratively approved by the Planning Director. However, if there is any evidence of non-compliance or filed complaints, then the renewal of the conditional use permit must comply with the same procedures and public notification measures as originally processed through the Planning and Zoning Commission and/or the City Council.
(B) Unless otherwise specified at the time of approval, a conditional use permit shall not be transferable upon transfer of title to property for which a conditional use permit has been granted.
(C) A conditional use permit shall be required for any use that is required to have a conditional use permit under this chapter, but pre-existed the adoption of this chapter, if such use is discontinued or abandoned for 120 consecutive calendar days.
(Ord. 2016-07, passed 8-9-2016)
§ 156.072 CONDITIONS OF CONDITIONAL USE.
(A) Home occupations.
(1) The area used in conducting the home occupation will be clearly secondary to the primary residential use. Such permitted home occupation shall not create offensive noise, vibration, smoke, dust, odor, hear or glare of require more than four parking spaces available to the owner/clients.
(2) Only a one-foot by one-foot sign may be permitted to reflect the home occupation’s business, but must be attached to the primary dwelling (i.e., no sign shall be permitted on the front or side yard, on trees, mailboxes or such other non-dwelling features).
(3) There shall be no exterior display or alterations indicating that the residential structure is being used for any purpose other than that of a dwelling including painting displays, ribbons, balloons or any other indicator of attraction other than the maximum one-foot by one-foot sign as affixed to the primary dwelling.
(4) There shall be no more than one additional unrelated employee other than the immediate members of the family residing on the premises.
(5) There shall be no outside storage of materials or products.
(6) The conditional use shall not create frequent or heavy traffic greater than 10% of the average load per hour per street.
(7) Any proposed home occupation desired to be activated in a multi-family setting (R-2, R-3 and the like) shall have the property’s owner’s consent to do so, and notice shall also be given to the tenants within a 100-foot radius where the city shall give serious consideration to the proposed home occupation’s effect to the off-street parking available to said units.
(8) The Planning and Zoning Commission may, under extenuating or special circumstances unique to the home occupation, recommend waiver of the provisions above to the City Council who shall have ultimate authority on the matter.
(B) Mobile homes.
(1) One mobile home, not older than 15 years, may be placed on an unsubdivided tract if it is five acres or more, and the majority of the property is agricultural and/or unused.
(2) The mobile home must be located in such a manner as to have access to public right-of-way within 300 feet.
(3) The mobile home must be connected to a potable water source with an approved private sewage system or connected to an organized sanitary sewer system.
(4) There must be arrangements made by the mobile home owner/tenant for garbage collection and proper disposal.
(5) The mobile home must have skirting as a part of its approval process and may be activated for use without it, but shall have such skirting installed within 45 calendar days after the water meter has been activated for use.
(C) Bars, cocktail lounges, taverns, cantinas, saloons, dance halls or nightclubs.
(1) The property line of the lot of any of the above-mentioned businesses must be at least 300 feet from the nearest residence, church, school or publicly owned property (note: public streets and alleys, for the purpose of this regulation, are not considered as a part of this “publicly owned property”) or must provide sufficient solid buffering and sound insulation of the building such that the business is not visible and cannot be heard from such structures or areas, and must be designed to prevent disruption of the character of adjacent residential areas. The Planning and Zoning Commission, under extenuating or special circumstances unique to the site or event, may recommend waiver of the 300-foot requirement to the City Council who shall have the ultimate authority on the matter.
(2) The above-mentioned businesses must be as close as possible to a major arterial street system, or heavier trafficked street, and shall not allow the traffic it generates onto nearby residential streets, or allow it to exit into and disrupt residential areas.
(3) The abovementioned businesses must provide unimpeded paved off-street parking in accordance with the prevailing off-street parking ordinances, and make special provisions, if necessary, to prevent use of adjacent residential streets for parking.
(4) The abovementioned businesses must do everything reasonably possible to prevent the unauthorized parking of its patrons on adjacent businesses or residential properties including when necessary, the installation offences, hedges and/or the re-orientation of entrances/exits.
(5) The abovementioned businesses may also be required, as part of their conditional use permit approval process, provide security lighting and perimeter fencing, and may also include provision of security personnel to monitor its premises for safety.
(6) The abovementioned businesses must make provisions to keep litter to a minimum and to keep any litter from blowing onto adjacent properties.
(7) The abovementioned businesses shall have a maximum capacity set forth at the time of its opening and shall have it intermittently monitored for compliance by the city.
(D) Guesthouses and separate servant’s quarters.
(1) The abovementioned uses shall only be considered on properties of not less than 12,000 square feet in all districts.
(2) There shall be no rent or monies paid by the guest or servant to the property owner thus further legitimizing the guesthouse or servant’s quarters as such.
(3) Guesthouses or separate servant’s quarters shall be no utility connections independent from the primary dwelling.
(E) Amusement parks, circus or carnival grounds, commercial or recreation amusement developments or tents. Amusement parks, circus or carnival grounds, commercial or recreation amusement developments or tents or other similar temporary structures may not be located within 300 feet of any residentially used property. The measurement of such distance to be from lot line to lot line. The Planning and Zoning Commission may, under extenuating or special circumstances unique to the site or event, recommend waiver of the 300-foot requirement on a temporary basis to the City Council who shall have the ultimate decision on the matter.
(F) Existing railroads and private utilities. Existing railroads and private utilities, including telephone service, may continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than the usual poles, wires and underground utilities shall be established in such districts without a conditional use permit.
(G) Household goods warehousing or storage in individually rented/leased storage units.
(1) Storage units shall be located in such a manner to minimum traffic impact on residential streets and adjacent residential uses.
(2) There shall be no loading decks or ramps for heavy vehicles.
(3) There must be a security fence to protect the units and patrons.
(4) There shall be no outside storage of materials, products or goods.
(5) Paved perimeter access driveways for police patrol and fire protection shall be provided prior to occupancy.
(6) Storage units shall not be used for commercial purposes, either on a temporary or permanent basis.
(7) Security lighting (e.g., downcast lighting) must be provided in a manner which minimizes impact to adjacent residential areas.
(H) Pollution. No form of pollution shall emanate beyond the immediate property line of the use permitted.
(I) Reasonable restrictions. The Planning and Zoning Commission, with the ratifying approval of the City Council, may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this chapter and to mitigate adverse effects of the proposed conditional use. These additional requirements may include, but not be limited to, increased open space, loading and parking requirements, suitable landscaping, higher buffering and additional improvements such as concave mirrors and sidewalks.
(Ord. 2016-07, passed 8-9-2016) Penalty, see § 156.999