Rockport City Zoning Code
§ 118-23
Conditional use permit.
23.1
General.
A Conditional-Use Permit (CUP) shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a zone, but shall not be allowed under the general conditions of the zone as stated in this Code. The granting of a CUP has no effect on the uses permitted as of right and does not waive the regulations of the underlying zoning district. The CUP requirement for a use in a district does not constitute an authorization or an assurance that the use will be permitted. Uses requiring a CUP are listed within a zoning district and in subsection 23.10 of this article. Uses not listed within a zoning district that may be eligible for a CUP shall be administered through this article.
23.2
Applications.
All CUP applications shall be submitted to the code official on a form provided by the city consistent with the provisions herein. All applications shall be accompanied by maps, drawings, statements or other documents in support of the request. An application fee shall be collected at the time of submittal. Said fee shall be: One Hundred Dollars and no cents ($100.00) for the first acre of land or fraction thereof, plus Ten Dollars and no cents ($10.00) per acre or fraction thereof over the first acre.
23.3
Public Hearing.
Prior to the approval, approval with conditions or denial of a CUP, public hearings shall be held in accordance with the provisions of Article 26 of this ordinance [section 118-26 of this Code]. Upon the completion of said proceedings, the Commission shall render a recommendation(s) to the City Council. Decisions of the City Council shall be final.
23.4
Review Criteria.
An application for a CUP shall be permitted to be approved, approved with conditions or denied. Each application for a CUP shall be submitted with enough data and information to be consistent with the criteria listed below:
1.
That such use is necessary or desirable and provides a service or facility that contributes to the general well-being of the surrounding area.
2.
That such use shall not adversely affect adjacent properties.
3.
That such use is compatible with the existing or allowable uses of adjacent properties.
4.
That such use can demonstrate that adequate public facilities, including roads, drainage, potable water and sanitary sewer, and police and fire protection exist or will exist to serve the requested use at the time such facilities are needed.
5.
That such use can demonstrate adequate provision for maintenance of the use in question along with any associated structures.
6.
That such use has minimized, to the degree possible, adverse effects on the natural environment.
7.
That such use will not create undue traffic congestion.
8.
That such use will not adversely affect the public health, safety or welfare.
9.
That such use conforms to all applicable provisions of this Code.
10.
That such use is consistent with all applicable provisions of the comprehensive plan.
23.5
Expiration.
A CUP shall be considered exercised when the use has been established. When such CUP is not exercised, or is abandoned, or is discontinued for a period of 1 year from the date of granting thereof, it shall be considered expired and shall not be reestablished unless authorized by the City Council with recommendation(s) from the Planning & Zoning Commission.
23.6
Annual Review.
Subsequent to the issuance of a CUP, a review shall be conducted annually by the Code Official to determine that the terms of the CUP are being met.
23.7
Revocation.
A CUP shall be revoked when the applicant fails to comp1y with conditions imposed by the permit. Said CUP shall not be reestablished unless authorized by the City Council with recommendation(s) from the Planning & Zoning Commission.
23.8
Existing Conditional-Use Permit.
Any amendment sought to an existing CUP shall be considered as a new application and shall comply with this article.
23.9
Existing Special Permit.
Any amendment sought to an existing Special Permit existing prior to (date of amending ordinance inserted here), shall be considered as a new application and shall comply with this article as a CUP. Such amendment(s) may not preclude or nullify the conditions to any Special Permit previously issued unless requested by the applicant. Annual review shall be in accordance with subsection 23.6.
23.10
Specific uses requiring a CUP.
The following listed uses will require a CUP approval prior to issuance of a building permit. These uses are also listed within their respective zoning district.
1.
Permanent or long term (more than 30 days) public entertainment facilities or uses. Such facilities or uses shall include, but not be limited to, amusement parks, carnivals, animal shows, marine life shows, dance/theatrical productions or natatoriums. This provision is listed in a B-1 district).
2.
Private, child nurseries or pre-kindergarten schools in R-1 through R-7 districts.
3.
Retail shops, restaurants, clubs and lounges in R-6 and R-7 districts when not built within a hotel or office building.
4.
Meat, fish or shellfish processing plant in a B-1 district.
5.
Penal institutions and detention centers in R-7 districts only. A listed use out-right in a B-1 district.
6.
Bed and Breakfast accommodations in R-1 through R-3 districts.
7.
The keeping and raising of farm animals in all districts pursuant to the city's animal control ordinance. Agricultural land annexed into the city as R-1 zoning is exempt where such uses are existing uses.
8.
Radio, television or communications tower in an R-7 district, provided Federal Communications Commission and Federal Aviation Administration permit requirements are met (refer to Article 24 [section 118-24] for Special Conditions).
9.
Outdoor welding operations when located in a B district only.
10.
Manufactured Housing Parks in any district when complying with manufactured housing park standards addressed in Article 24 of this ordinance [section 118-24 of this Code].
11.
Recreational Vehicle Parks in any district with complying with the recreational vehicle park standards described in Article 24 of this ordinance [section 118-24 of this Code].
12.
Adult entertainment in B and I districts.
(Ordinance 1027, art. 23, 4-9-96; Ordinance 1601, § 1, 3-26-13; Ordinance 1876, 6-14-22)