River Oaks City Zoning Code
SECTION 23A
SPECIFIC USE PERMITS.
A.
PURPOSE.
This section provides the city council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses generally have unusual nuisance characteristics and, because of possible adverse impact on neighboring properties, review, evaluation and exercise of planning judgment relative to the location and site plan of the proposed use are required.
B.
REQUIRED.
A certificate of occupancy shall not be issued for any use listed below unless the city council has approved a specific use permit in accordance with the provisions of this section. A specific use permit shall be required for the following uses:
Specific Use | District Where Permitted |
|---|---|
Alcohol Sales if they comprise more than percent of business revenues | "C-3" |
Alcohol Sales (subject to subsection G) | "C-2" |
Antenna (over 60 feet in height) | Any |
Eight-Liner Arcades | "C-3" |
Stables/Aviaries | "CF" |
Telecommunications and Antenna Towers which do not meet the requirements of Section 24.C.2 or of Section 22 hereof. | "C-1," "C-2," "C-3," "I" |
Temporary concrete batching plant | Any |
Utility Facility | "CF" or "I" |
C.
APPLICATION PROCEDURE.
A person shall file an application for a specific use permit with the city administrator on a form prepared by the city. The application shall be accompanied by a site plan meeting the requirements of Section 25, which along with the application, will become a part of the specific use permit, if approved.
D.
PROCESSING FEE.
A person making application for a specific use permit shall pay a fee in an amount determined and as from time-to-time approved by the city council.
The procedure for amendment of a specific use permit shall be the same as for a new application; provided, however, that the zoning administrator approve minor variations from the approved site plan in accordance with City Codes and Ordinances.
E.
PUBLIC HEARINGS.
The application and approval process for a specific use permit or revocations thereof shall be the same as for zoning amendments under Section 29.
F.
FACTORS TO BE CONSIDERED.
In granting or denying an application for a specific use permit, the city council shall take into consideration the following factors:
1.
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site.
2.
Safety from fire hazard, and measures for fire control.
3.
Protection of adjacent property from flood or water damage.
4.
Noise or odor producing elements; and glare of vehicular and stationary lights and effect of such lights on established character of the neighborhood.
5.
Location, lighting and type of signs, and relation of signs to traffic control and adverse effect on adjacent properties.
6.
Street size and adequacy of pavement width for traffic and reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood.
7.
Adequacy of parking, as determined by requirements of this Ordinance for off-street parking facilities for similar uses; location of ingress and egress points for parking and off-street loading spaces.
8.
Compatibility with existing or permitted uses on adjacent properties, as relates to building height, bulk, scale, open spaces and landscaping.
9.
Such other means as will secure and protect the public health, safety, morals and general welfare.
G.
SPECIFIC USE PERMITS FOR CERTAIN USES.
1.
The city council shall consider the following factors in determining whether to issue a specific use permit for an antenna or tower:
a.
Height of the proposed tower.
b.
Capability of the tower to structurally accommodate the number of shared users proposed by the applicant as certified by a licensed professional engineer.
c.
Proximity of the tower to residential structures and residential district boundaries.
d.
Nature of uses on adjacent and nearby properties.
e.
Surrounding topography.
f.
Surrounding tree coverage and foliage.
g.
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
h.
Proposed ingress and egress.
i.
Availability of suitable existing towers and other structures.
j.
Compliance with this section and other applicable ordinances of the city.
2.
The applicant for a specific use permit for an eight-liner arcade shall submit the following with its application:
a.
Business name;
b.
Business type;
c.
Business address;
d.
Whether applicant has been convicted of any crime directly related to the business and, if yes, the nature of the offense, date and location of the conviction, and penalty received;
e.
Total number of eight liner machines located in the business;
f.
Name, type, make or manufacturer, and serial number of each eight-liner machine located in the business;
g.
Total floor area of the business; and
h.
Total floor area open to customers for the operation of eight liners.
3.
The sale of alcoholic beverages in a "C-2" District may be authorized pursuant to a specific use permit. The following are minimum conditions which must be included in a specific use permit for the sale of alcoholic beverages in a "C-2" District:
a.
One parking space is required for every three seats or for every 100 square feet of floor area, whichever is greater.
b.
All sales must be within permanent walls of the establishment covered by a roof.
c.
All required state licenses or permits must be valid and in effect.
d.
The sale of alcoholic beverages is prohibited in a place of business that is within 300 feet of a church, public or private school, day-care facility or public hospital. Measurement of the distances shall be calculated as provided by the Texas Alcoholic Beverage Code.
e.
The permit holder will erect a masonry or steel fence of a height not less than six feet nor greater than eight feet between property permitting the sale of alcohol and the property zoned or used for a residential use.
f.
The establishment must be in compliance with applicable buildings codes.
g.
A specific use permit will terminate upon change of ownership of the holder of the specific use permit and the permit is not transferable.
h.
A permit holder shall notify the City of the expiration or termination of any license or permit issued by the Alcoholic Beverage Commission for the property.
i.
For establishments with on-premises consumption only, the following apply:
i.
The establishment must be at least 4,000 square feet in size except for Restaurants.
ii.
The primary use of the business must be other than the sale of alcoholic beverages (for example: restaurants) and the establishment shall not derive more than 30% of its gross revenue from the on-premises sale of alcoholic beverages. (The City may require an audit of the accounts of an establishment to determine whether the establishment is in compliance with this provision.)
iii.
No outside consumption of alcoholic beverages is permitted.
j.
For establishments with off-premises consumption only, the following apply:
i.
The establishment must be at least 2,000 square feet in size.
ii.
The primary use of the business must be other than the sale of alcoholic beverages (for example: grocery or convenience stores) and the establishment shall not derive more than 30% of its gross revenues from the sale of alcoholic beverages. (The City may require an audit of the accounts of an establishment to determine whether the establishment is in compliance with this provision.)
iii.
No on-premises consumption of alcoholic beverages is permitted.
k.
No signs advertising or depicting alcohol or tobacco shall be visible from the right-of-way.
l.
No amplified music or loudspeakers outside the building is permitted.
m.
Upon evaluation of the factors listed in subsection G hereof, the City Council may impose additional restrictions to protect adjacent properties from the impact of the special use.
H.
ADDITIONAL CONDITIONS.
In authorizing a specific use permit, the planning and zoning commission may recommend and the city council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community, including a time period for which a specific use permit is valid.
I.
J.
REVOCATION.
A specific use permit may be revoked or modified, after notice to the property owner and a hearing before the city council, for either of the following reasons:
(Ordinance 1394-2023 adopted 11/28/2023)