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Port Aransas City Zoning Code

ARTICLE VII

SPECIAL PERMITS

Sec. 25-270.- Authorization.

Any uses not permitted in a particular district by this chapter may be authorized by a special permit granted by the city council after recommendation made by the commission. Conditions may be imposed.

(Ord. No. 97-8, § 1, 7-17-97)

Sec. 25-271. - Blanket special permit.

(a)

A blanket special permit is hereby granted for the following qualified, single-family residence structures to be used for temporary, transient rentals in the R-1 zoning district for the duration hereinafter provided. A single-family residence structure is qualified to engage in temporary, transient rentals hereunder only if rentals, upon which occupancy taxes are or were lawfully due, took place in 1998 and an occupancy tax report, or reports, were filed with the appropriate state and city authorities before February 28, 1999, applicable to such rentals and taxes. A qualified, single-family residence structure may be used for temporary, transient rentals in an R-1 zoning district until the sale, conveyance, transfer or assignment of legal title to the property at which time temporary, transient rentals of said single-family residence structure shall cease, provided said sale, conveyance, transfer, or assignment occurs after February 28, 1999.

(b)

A blanket special permit is hereby granted for the following qualified, multifamily dwelling structures containing four dwelling units or less to be used for temporary, transient rentals in the R-2 zoning district. A multifamily dwelling structure is qualified to engage in temporary, transient rentals, hereunder only if rentals upon which occupancy taxes were or are lawfully due, took place in 1998 and an occupancy tax report, or reports, were filed with the appropriate state and city authorities before January 31, 1999 applicable to such rentals and taxes.

(c)

The following are granted special permits for RV park purposes on the conditions hereinafter set forth:

(1)

Recreational vehicle parks which are in existence and being actively used as such in conformity with the zoning laws and RV park regulations of the city on November 13, 2000 (the "eligibility date") are hereby granted a special permit to continue that use, as if the park was located within a zoning district which, immediately after the effective date of Ordinance No. 2000-11, which passed third and final reading on November 13, 2000, allowed that use, and if, on the eligibility date, the owner of any such RV park also owned land adjacent to such RV park, said RV park use may be expanded onto said adjacent land, as if said adjacent land was, on the date of such expansion, in a zoning district which allowed that use, but any such expansion must otherwise conform with the then current rules and regulations applicable to such use. The lands which are granted said permit are described as follows:

a.

The Pioneer RV Park lands described as follows:

1.

The land upon which the existing Pioneer RV Park is, on November 9, 2000, located: Lots 1, 3, 5, and 4A, of Block 1 Gulfside Estates Subdivision.

2.

Adjacent land: A one hundred sixty (160) foot wide strip of land out of the northeast end of a tract of land deeded to Chubba Trust #1 by deed recorded under document No. 808420 Official Public Records, Nueces County Clerk and consisting of approximately 8.54 acres of land, and Ward Samuel Survey .53 Ac out of Survey 590 LS 192 Abst 406.

(2)

If an RV park permit under Chapter 14 has been applied for or granted with respect to a parcel of land as of November 13, 2000 (the "eligibility date"), a special permit is hereby granted for the land covered by that permit to be developed for that purpose in conformity with that permit, as if said land was located within a zoning district which, immediately after effective date of Ordinance No. 11-00, which passed third and final reading on November 13, 2000, allowed that use. The lands which are granted said permit are described as follows:

a.

The Marshall RV Park lands described as follows: Lots 7 and 8, Mustang Island, as recorded at Vol. 38, pp. 130-131, Map Records Nueces County, TX.

(3)

Any special permit granted hereunder may be terminated at any time by the council in the same form and fashion as it could rezone the property, but, if the zoning of the property at that time is still such that RV parks are not an allowable use on the subject property under the zoning laws of the city, such termination shall not affect the right of the owner to then and thereafter have and claim, as to his land which is then actually being used as an RV park in conformity with this special permit, and the adjacent lands hereinabove described lawful, nonconforming use status as of the date of said termination.

(Ord. No. 99-2, § 1, 2-18-99; Ord. No. 2000-11, § 5, 11-13-00)