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Robstown City Zoning Code

§ 12-1

Supplementary use regulations and special uses.

A. 
Special uses may be permitted in any district from which they are prohibited when it is found that said uses will not adversely affect the public health, safety, morals and general welfare of the community. Before the location or establishment thereof, or before any change of use of the premises existing at the time of the effective date of the regulations or permitted as herein provided, is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the planning commission. The commission shall hold a public hearing as provided in section 20 and shall review such plans and statements and shall, after a careful study thereof and the effect that such buildings, structures or uses will have upon the surrounding territory, permit such buildings, structures or uses where requested, provided that the public health, safety, morals, and general welfare will not be adversely affected; that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values. An appeal may be taken to the city council from any decision of the commission on a special use. Any person adversely affected by a decision of the commission granting or denying a special use may appeal said decision to the city council. Said appeal must be filed within thirty (30) days from the decision of the commission appealed from. The city council shall hold a public hearing on said appeal before making its decision. Notice of said hearing shall be given by publishing three (3) times in the official publication of the City of Robstown stating the time and place of such hearing; provided, however, that the first publication shall be at least fifteen (15) days before the date of the hearing.
B. 
Any special use existing at the effective date of these regulations shall be considered a nonconforming use unless it has qualified as provided above, and has been approved as a “Special Use” by the commission.
C. 
Special use permits shall be issued for a period of six (6) months and shall be renewable for a six-month period and shall be deemed expired unless the premises are actually being used under said permit.
D. 
The board of adjustment is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the planning commission when the board finds said additions or alterations will not adversely affect the public health, safety, morals and general welfare.
E. 
Special use - Mobile home parks and mobile home subdivisions in any district:
1. 
That access to the mobile home or trailer park be from an arterial highway or secondary thoroughfare, that number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, that no mobile home or trailer space shall be designed for direct access to a street outside the boundaries of the mobile home or trailer park, and that the interior access drives shall be at least twenty-four (24) feet in width. In a mobile home subdivision, the streets shall meet all city requirements as to width, curbs, and gutters as set forth in the platting ordinance.
2. 
The minimum lot area in a mobile home subdivision shall be 4,500 square feet. All corners of each mobile home lot in a subdivision shall be visibly marked by a permanent marker.
3. 
In addition to the requirements of Item 2 above, there shall be no more than ten (10) mobile homes per acre in a mobile home subdivision. Furthermore, there shall be a minimum front yard of twenty-five (25) feet, a minimum rear yard of ten (10) feet, and a minimum side yard of six (6) feet, with a total unobstructed side yard requirement of twenty (20) feet.
4. 
There shall be no minimum lot area for a mobile home or trailer site in a mobile home or trailer park, except that mobile homes shall be so harbored on each space that there shall be at least twenty (20) feet unobstructed clearance between mobile homes, provided, however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than twenty feet (20) feet, but shall not be less than ten (10) feet. No part of a mobile home or trailer shall be located closer than twenty (20) feet to any building within the park nor closer than five (5) feet to an access drive.
5. 
The mobile home park shall be surrounded by a landscaped strip of open space twenty (20) feet wide along the street frontage with an arterial highway and fifteen (15) feet wide along all other lot lines or street frontage.
6. 
The requirements of Item 5 above shall also apply to mobile home subdivisions, in which case such landscaped open space shall be a part of abutting lots, unless otherwise designated as common open space.
7. 
Off-street parking spaces in mobile home or trailer parks shall be provided in the ratio of one (1) space per trailer in locations convenient to individual trailers or groups of trailers. In mobile home subdivisions there shall be at least one (1) parking space per lot.
8. 
Proper provision shall be made for public water supply, sanitary sewers, fire protection, refuse collection, laundry, toilet and bathing facilities; and all such provisions shall be in full compliance with the city-county health department and building codes.
9. 
A mobile home park may be converted to a mobile home subdivision provided it is replatted and that all conditions pertaining to mobile home subdivisions are met.
10. 
Outside lighting shall be erected in such a manner that it not be detrimental to or project onto adjacent properties.
11. 
Outdoor advertising shall be restricted by the zoning district in which the park or subdivision is situated.
12. 
The provisions of this section shall not apply to mobile home or trailer parks in existence and operation in compliance with existing ordinances and laws at the time of the passage of this amendment; they shall be treated as nonconforming uses insofar as the requirements of this section are concerned.
13. 
Mobile Home parks in any district will be required an inspection fee of $20.00 for set-up plus any plumbing, electrical etc.; Mobile Home Subdivisions in any district will be required a building permit based on $16.00 per square foot for set-up plus any plumbing, electrical etc.
F. 
Where the commission is considering a change in zoning from an existing zoning classification to a broader classification, where it is shown to the commission at the hearing on the application for a change in zoning that the applicant has plans in sufficient detail as to show in full the proposed use of the buildings, structures, and premises and the provision for sufficient off-street parking facilities, screening walls or fences, and landscaping, together with sufficient open space as to create a proposed transition between a lesser and more restricted district and the commission, from evidence offered at such hearing and a review and study of such plans and statements made at the hearing, finds that the proposed use and the effect upon surrounding property will not adversely affect the public health, safety, morals, and general welfare, and further finds that ample off-street parking facilities and such safeguards as are required by the commission have been agreed to be provided by the applicant for the protection of surrounding property, persons and neighborhood values, may within its discretion by a majority vote of the commission, make any one of the following recommendations to the city council:
1. 
Recommend against the change in zoning.
2. 
Recommend a change in zoning.
3. 
Recommend that a special permit for such area be granted; provided there be included within such recommendation a complete statement and plot plan of all the requirements determined to be necessary to be provided for the protection of surrounding property, persons, and neighborhood values together with the recommendations of the commission as to the requirements for the paving of streets, alleys, sidewalks, driveways, parking lots, means of ingress and egress to the public street, provisions for drainage, parking space and street layouts, and protective screening and open space.
G. 
No accessory building shall be constructed upon a lot until the construction of the main use building has actually commenced. No accessory building shall be used unless the main use building on the lot is also being used.
H. 
Additional recommendations by the commission. The commission may make reasonable additional recommendations as to utilities, drainage, landscaping, lighting, signs and advertising devices, screenings, accessways, curb cuts, traffic control, height of buildings and setback of buildings to protect adjoining residentially zoned lots or residential uses. Said additional recommendations, if any, shall be forwarded to the city council as a part of the report to the city council. If the city council places any special requirements on the applicants, the city council may require a surety bond to be filed for, or deposited in escrow with the city a sum sufficient to insure completion of the special requirements, if any.
(Ordinance 478, sec. 1, adopted 4/13/70; Ordinance 771, sec. I, adopted 7/14/86; Ordinance 827, sec. I, adopted 12/11/89)