Whitesboro City Zoning Code
SPECIAL USE
PERMITS
§ 154.040 GENERAL DESCRIPTION OF SPECIAL USE PERMITS.
(A) The City Council may authorize the location of a special use permit after public hearings and proper notice to all parties affected, and after recommendation from the Planning and Zoning Commission.
(B) The Planning and Zoning Commission, in considering and determining its recommendations to the City Council on any request for a special use permit, may require from the applicant plans, information, operating data, and expert evaluation concerning the location and function and characteristics of any building or use proposed.
(C) The City Council may, in the interest of the public welfare and to assure compliance with this chapter, establish conditions of operation, location, duration, arrangement and construction of any use for which a permit is authorized. Said conditions shall be complied with by the grantee before a certificate of occupancy may be issued. In authorizing the location of any of the uses listed as special 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, glare, explosion, offensive view or other undesirable or hazardous conditions.
(D) Every special use permit granted under the provisions of this subchapter shall be considered as an amendment to the zoning code as applicable to such property.
(Ord. 927, passed 4-12-05)
§ 154.041 USE REGULATION OF SPECIAL USE PERMITS.
Any use which is not contrary to city, county, state or federal laws which is not listed as an allowed use in this chapter shall hereby be deemed a special use permit use in any district and subject to the provisions of this subchapter. The following uses are hereby authorized in the specified districts upon compliance with all of the requirements herein:
(A) Any public building to be erected or used by the city, county, state or federal government in any district.
(B) Parochial or private schools, kindergartens and child care centers, provided the building or buildings are set back from all required yard lines in the district in which they are located, two feet for each foot of building height and provided off-street parking facilities are provided, and a minimum building area of 30 square feet per pupil and a minimum site area of 200 square feet and 80 square feet of outdoor play space per pupil are provided in any district.
(C) Institutions of a religious, educational or philanthropic nature in any district.
(D) Commercial amusement enterprises such as circuses, carnivals, driving ranges, pony rides, miniature golf courses, rodeos, water slides, miniature train rides, go-cart tracks, giant slides, motorcycle tracks, skateboard tracks or arenas, and similar enterprises, in any district other than residential.
(E) Stables on sites of five acres or more, in agricultural or commercial districts only.
(F) Any installation of public utility either privately or publicly owned, fire stations, public museums, public libraries, water supply reservoir, water pumping plant, water tower, or sewage lift station, in any district.
(G) Gas and electrical public utility regulating stations in any district.
(H) Drama schools or drama studios in a commercial district only.
(I) Dancing schools or dance studios in a commercial district only.
(J) Private recreation and cultural activities including museums, libraries, amusement parks or centers, playgrounds, community centers, tennis facilities, gymnasiums, swimming facilities, and the like; as well as private residential or recreational clubs and community buildings in any district with the following special conditions:
(1) Outdoor lighting shall be constructed and maintained or screened so as to eliminate direct rays or glare and minimize reflective rays of light on adjoining property; and
(2) Any special condition or restriction, including a time limit for occupancy or site of tract, necessary to protect the public health, safety and welfare as may be required by the City Council.
(K) Greenhouses and nurseries in any district, subject to parking space requirements deemed appropriate by the City Council.
(L) Golf course or putting course, in any district.
(M) Hospital, dental and medical offices or clinics in excess of 14,000 square feet in a commercial district only.
(N) Rock quarries, sand, gravel and earth excavations, in any district. At the time the permit is granted, the City Council may impose reasonable conditions for the protection of public health and safety, and may provide for the restoration of such property to a usable condition after uses have been terminated.
(O) An establishment whose major income is derived from operating a penny arcade, game room, or amusement center, where billiard machines, shooting gallery, marble machine, marble table, marble shooting machine, miniature racetrack machine, bowling machine, air hockey game, foosball table, pinball machine, video games or similar device, is operated by a coin or token, or for an admission charge or fee, and which dispenses or affords skill or pleasure, in a commercial district only.
(P) College, university or private boarding school, in any district.
(Q) Mini-warehouses or mini-storage buildings in commercial or industrial districts only.
(R) Permanent concrete batch plants or transit batch plants in an industrial district only.
(S) Live/work units in commercial or industrial districts only.
(Ord. 927, passed 4-12-05; Am. Ord. 1086, passed 11-15-16) Penalty, see § 154.999
§ 154.042 TEMPORARY SPECIAL USE PERMITS.
A temporary special use permit may be granted by the City Administrator or his or her designated representative for uses below or for a reasonably similar use. Hearings and approval by the Planning and Zoning Commission is not required.
(A) Use regulation. All temporary uses will be required to apply for a temporary use permit. These shall include, but not be limited to:
(1) Produce stands;
(2) Christmas tree lots;
(3) Asphalt batching plant;
(4) Cement batching plant;
(5) Construction office;
(6) Real estate office;
(7) Portable church building; and
(8) Portable school building.
(B) Definitions; temporary use. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASPHALT BATCHING, TEMPORARY. A designated area, allowable after application, for the temporary manufacturing of asphalt for installation within subdivisions in the city.
CEMENT BATCHING, TEMPORARY. A designated area, allowable after application, for the temporary manufacturing of cement for the installation within subdivisions in the city.
CHRISTMAS TREE LOT. An open or covered area used for the sale of Christmas trees for a specified period of time in a designated area.
CONSTRUCTION OFFICE. The use of a portable trailer for supervision of a construction site allowable for a specified period of time in a designated area.
PORTABLE CHURCH BUILDING. The use of a portable building or structure as an accessory building or structure in conjunction with the primary
use of real property by a congregation, classes or assembly of people for a church or church-related activities, allowable for a specific period of time in a designated area.
PORTABLE SCHOOL BUILDING. The use of a portable building or structure as an accessory building or structure in conjunction with or for the primary use of real property by a class or assembly of people for a school or school-related activities, allowable for a specific time period.
PRODUCE STANDS, TEMPORARY. An open or covered area used for sale of fruit, vegetables and/or dairy products for a specified period of time in a designated area.
REAL ESTATE SALES OFFICE. The use of a portable or permanent building or structure for the sale of real estate within a subdivision allowable for a specific time.
(C) Application information required. Each application for a temporary special use permit shall be submitted to the city’s Building Inspector on forms furnished by the Inspector and shall set out the following:
(1) Name of the applicant and permanent address;
(2) Name and address of firm applicant represents;
(3) Narrative statement of specific temporary special use permit applied for;
(4) Specific site plan drawn to scale showing the specific dimensions and arrangement of proposed temporary special use; and
(5) Specific time period for which applicant is requesting temporary special use.
(D) Fees required. The permit fees for administering temporary uses within the city shall be $50. When the work for which a permit is required by this section is started or proceeded prior to obtaining said permit, the fees above specified shall be doubled. The payment of such fee shall not relieve any person from fully complying with the regulations described in this section.
(E) General requirements.
(1) If temporary power is required, it must be supplied overhead or underground directly to the specific special use. No open wiring laying directly on the ground will be allowed.
(2) All building or structure setbacks shall conform to the current zoning district for principal uses on the land in which the temporary special use is occurring.
(3) The maximum time period for a temporary use permit for real estate sales office and construction office is 12 months. The time period for all other temporary requests will be determined by the City Administrator.
(4) A new permit is required for each new location, whether or not the temporary use is located on the same property or on a new site.
(5) A minimum of four parking spaces shall be designated on the general site plan for construction offices and real estate sales offices.
(6) The Building Inspector may revoke a temporary special use permit for noncompliance with the above requirements.
(F) City Administrator review.
(1) The City Administrator, or his or her designated representative, shall approve, conditionally approve or disapprove all temporary use requests presented, except as approved by the Building Inspector regarding construction offices and real estate offices.
(2) The City Administrator shall designate a specific time limit on all temporary uses approved.
(3) No appeal on the same request shall be filed within a period of one year from the date of denial.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999
§ 154.043 SPECIAL USE CONFORMANCE REGULATIONS.
Unless the City Council specifies otherwise, all special permit uses shall comply with the building and area regulations of the zoning district for which the use is approved. All special permit uses shall also be required to conform to:
(A) The land subdivision ordinance and regulations.
(B) Site plan approval by the Planning and Zoning Commission as follows:
(1) Prior to the issuance of any building permit, there shall be submitted to the Planning and Zoning Commission for its approval a site plan drawn to an acceptable scale and with copies. The scale and number of copies shall be that deemed necessary by the City Secretary or other designated city official.
(2) The site plan shall show, but not be limited to, the arrangement of the proposed improvements in detail, together with the essential requirements, such as parking facilities, location of buildings and other structures, means of ingress and egress, areas to be landscaped, together with any other requirements provided by the comprehensive zoning code, or other valid ordinance of the city.
(3) A landscape plan must be submitted as part of the required site plan and approved by the Building Inspector before a building permit shall be issued. The plan must be totally implemented, inspected and approved before a certificate of occupancy shall be issued. The landscape plan will be reviewed by the Planning and Zoning Commission for recommendation to and approval by the City Council as part of the required site plan.
(4) The Planning and Zoning Commission consideration shall include: paving and layout of streets, alleys and sidewalks; means of ingress and egress, and provisions for drainage; parking space, protective screening and open spaces; areas designated for landscaping; internal and perimeter lighting which shall be designated so as to reflect light away from surrounding areas and any other aspect deemed by the Planning and Zoning Commission necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.
(5) In the approval or disapproval of the site plan, the Planning and Zoning Commission shall not be authorized to waive or vary conditions and requirements contained in this chapter, or amendments thereto, or other valid ordinances of the city.
(6) It shall be unlawful to issue a building permit prior to the approval of the site plan by the Planning and Zoning Commission. No building permit shall be issued except in conformity with the approved site plan, including all conditions of approval applied by the Planning and Zoning Commission.
(7) For the purpose of assisting in-process planning, a preliminary site plan may be submitted for Planning and Zoning Commission consideration. Such preliminary site plan may contain any or all of the site plan requirements and must be drawn to scale, submitted in adequate quantity and titled “preliminary site plan.” The approval of a preliminary site plan will not imply approval of all elements of a site plan. It shall be unlawful to issue a building permit on a preliminary site plan.
(C) Special requirements as may be required by the City Council, as well as any special requirements in the zoning district for which the use is approved, including but not limited to:
(1) The outside storage and display of goods, wares and merchandise is prohibited, except as may be specifically authorized by the City Council or by the zoning district for which the special use permit is granted.
(2) Refuse and waste storage areas shall conform to standards as may be required by the city.
(3) Security bond.
(D) Site landscaping.
(1) Landscaped area is defined as the improving of land and placing thereon live flowers, shrubs, trees or grasses, decorative fixtures such as fountains, water treatments, sculptures, retaining walls, berms, fences and specially treated walkways. These features shall be treated as and go toward the calculation of total landscaped area. Required sidewalks and access sidewalks may not be included in the calculated landscaped area.
(2) All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems and shall be properly maintained.
(3) Five percent of the lot area shall be maintained in landscaped open area in front of the building line. Also, if the parking and maneuvering space exceeds 20,000 square feet, at least 5% of such space shall be maintained as landscaped area, a requirement in addition to the 5% of the lot area requirement. It is the intent of this section to require design and construction of parking areas in a manner to ensure areas unusable for parking or maneuvering space be landscaped.
(4) If all of the city right-of-way is landscaped and maintained, such landscaped portion will reduce the amount of required landscaped area of the lot by that amount (square foot for square foot).
(5) The city shall have the power to plant, preserve, spray, trim or remove any tree, shrub, or plant on any parkway, alley or public ground belonging to the city.
(Ord. 927, passed 4-12-05) Penalty, see § 154.999
§ 154.044 AMENDMENT TO THE ZONING CODE.
Every special use permit granted under the provisions of this subchapter shall be considered as an amendment to the zoning code as applicable to such property. In granting such permit, the City Council may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued by the Building Inspector for the use of the building on such property pursuant to said special use permit; and such conditions shall not be construed as conditions precedent to the granting of the certificate of occupancy.
(Ord. 927, passed 4-12-05)
§ 154.045 FACADE OVERLAY DISTRICT REQUIREMENTS.
A Special Use Permit applies to nonconforming uses and structures for the facade overlay district requirements.
(Ord. 1102, passed 8-14-18)