(A)

Purpose and Intent:

(1)

The City Council of the City of South Padre Island, Texas, after a public hearing and proper notice to all parties affected and after recommendations by the Planning & Zoning Commission may authorize the issuance of Specific Use Permits.

(2)

The purpose and intent of a Specific Use Permit is to authorize and regulate a use not normally permitted in a district which could be of benefit in a particular case to the general welfare, provided adequate development standards and safeguards are established for such use during the review of a Specific Use Permit application.

(B)

Procedure:

(1)

The Planning & Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit may require from the applicant plans, information, operating data, and expert evaluation concerning the location, function, and design characteristics of any building or use proposed.

(2)

The City Council may, in the interest of the public welfare and to ensure compliance with this ordinance, establish conditions of operation, location, arrangement, and type and manner of construction of any use for which a permit is authorized. In authorizing the location of any of the uses listed as specific use permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, traffic, or other undesirable or hazardous conditions.

(3)

All Specific Use Permits approved in accordance with the provisions of this ordinance in its original form or as hereafter amended shall be referenced on the Zoning Map.

(C)

Supplementary Regulations for Amusement Redemption Machine Establishments:

(1)

Prior to formally requesting an Amusement Redemption Machine Establishment Specific Use Permit application the applicant(s) and owners shall secure a criminal background check from the City's Police Department and submit the report as an attachment to the application for the Special Use Permit.

(2)

Applicant's, an applicant's spouse, or an employee convicted of any of the following offenses as described in Chapter 43 of the Texas Penal Code within a period of five years preceding the application, are ineligible to submit a Specific Use Permit. An applicant, an applicant's spouse or an employee has been convicted of a felony as defined in section 1.07 of the Texas Penal Code within a period of five years preceding the application; an applicant, an applicant's spouse or an employee has been convicted any of the gambling offenses as described in Chapter 47 of the Texas Penal Code within a period of five years preceding the application; an applicant, an applicant's spouse or an employee has been convicted any of the following offenses as described in Chapter 21 of the Texas Penal Code within a period of five years preceding the application:

(a)

Public lewdness;

(b)

Indecent exposure; or

(c)

Indecency with a child.

(3)

Amusement Redemption Machine Establishment shall be prohibited within 300 feet of the following: a. church; b. school; or c. hospital.

(4)

The sale, distribution and possession of alcoholic beverages are prohibited in an Amusement Redemption Machine Establishment Uses.

(5)

Persons under 18 prohibited; sign to be displayed.

(a)

No person under the age of 18 years shall be permitted on the premises of any Amusement Redemption Machine establishment unless accompanied by a parent or adult guardian.

(b)

Any person holding a Specific Use Permit to operate an Amusement Redemption Machine permit shall prominently display on the premises a sign reading as follows:

"PLAY BY MINORS UNDER EIGHTEEN YEARS OF AGE NOT ALLOWED UNLESS ACCOMPANIED BY PARENT OR ADULT GUARDIAN."

(6)

A person who operates Amusement Redemption Machine establishment commits an offense if he knowingly permits a person under 18 years of age to enter or remain on the premises unless accompanied by a parent or adult guardian.

(7)

Doors to access the Amusement Redemption Machine Establishment shall be limited to the front of the building.

(8)

The City Council shall establish a fee required to capture the cost of administering the Specific Use Permit.

(9)

No Specific Use Permits shall be issued to operate Amusement Redemption Machine Establishments in the "A", "E", "B" and "B-2" Zoning District. Specific Use Permits may be granted for Amusement Redemption Machine Establishments in "C", "C-2" "D", "D-1" and "D-2".

(Ord. No. 24-05, 10-2-2024)