§ 1.26. Rezoning, special use permits, and zoning text amendments.

(a)

Applicability. This process is used for review and consideration of rezoning, zoning text amendments, and special use permits, excluding special use permits addressed in section 1.26.5 and overlay districts addressed in section 2.085.

(b)

Review process.

(1)

Application and completeness determination. Application must be made consistent with this ULDC. The director is responsible for checking that a complete application has been submitted pursuant to the provisions of this ULDC with all material necessary for the decision-making authority to render an informed decision.

(2)

Planning and zoning commission review. Following notice as proscribed in this ULDC, the planning and zoning commission shall hold a public hearing in accordance with its rules and the V.T.C.A., Local Government Code ch. 211 and make a recommendation to the city council.

(3)

City council final action. The city council shall hold a public hearing, in accordance with its rules and the V.T.C.A., Local Government Code ch. 211 and may take final action on the proposed rezoning or special use permit.

(4)

Effect. The special use permit, rezoning, text amendment shall become effective ten days following the passage by city council.

(c)

Approval criteria for rezoning applications. All of the following criteria shall be applied by the director, the planning and zoning commission and the city council in the review of requests for rezoning (map changes) and changes to the zoning text of this ULDC:

(1)

The rezoning or text amendment is consistent with and furthers the policies and goals of the future land use plan, major thoroughfare plan, vision statement, and this ULDC;

(2)

The rezoning or text amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate district for the land use proposed;

(3)

The rezoning or text amendment promotes the health, safety, or general welfare of the city and includes the safe, orderly, and healthful development of the city;

(4)

The rezoning or text amendment facilitates the adequate provision of mobility, water, waste water, stormwater and other public services;

(5)

There are changed conditions;

(6)

The rezoning or text amendment would not result in adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater quality, wildlife, vegetation, and wetlands; and

(7)

The application addresses a demonstrated community need.

(d)

Approval criteria for special use permits. The planning and zoning commission may recommend and the city council may issue a special use permit only if all of the following specific objectives and conditions are met:

(1)

That the specific use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street, and not significantly diminish or impair property values within the immediate vicinity in any material way;

(2)

That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property;

(3)

That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy;

(4)

That adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a certificate of occupancy;

(5)

That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property;

(6)

That the proposed use is consistent with the comprehensive plan and is generally consistent with this ULDC; and

(7)

That the site plan meets the criteria set forth in subsection (e) of this section.

(e)

Additional criteria for special use permits. The planning and zoning commission may recommend and the city council may adopt other conditions on any special use permit application that are needed to protect the public health, safety and welfare, including, but not limited to, hours of operation and additional landscape or parking requirements.

(1)

It shall be unlawful for any person to occupy, construct, alter, extend or expand any use within a zoning district which permits that use only as a special use unless a special use permit has first been issued by the city council for the specific occupation, construction, alteration, extension or expansion of the proposed use in accordance with the provisions of this division. If approved, the permit shall be issued specifically to the person named in the application for the permit and shall not be transferred without providing prior written notification to the director.

(2)

All uses that receive a special use permit as required under this division shall meet all applicable regulatory requirements of the state and federal government and shall meet all applicable requirements of this and other pertinent ordinances of the city. Applicants for special use permits shall provide documentation that identifies all applicable federal and state licensing requirements for the proposed facilities at the time of application. Copies of the documentation from the state or federal agencies indicating compliance (i.e. licenses or certificates) shall be provided to the city no later than 60 days of issuance of the compliance documents.

(3)

Prior to leasing or purchasing facilities, potential heavy industrial use developers are strongly encouraged to meet with the director to determine if the location will require a special use permit or other approvals and to review the merits of potential locations.

(4)

The following uses identified in table 2-2 "Use conditions" require the issuance of a special use permit:

a.

Industrial uses, including:

i.

Excavation;

ii.

Gravel pit;

iii.

Junk and salvage yard;

iv.

Waste storage and disposal centers;

v.

Oil or gas wells;

vi.

Packaging;

vii.

Resource extraction;

viii.

Slaughterhouse; and

ix.

Sandblasting.

b.

Telecommunication facilities;

c.

Group housing uses, including:

i.

Boardinghouse;

ii.

Dormitory;

iii.

Halfway house;

iv.

Homeless shelter;

v.

Orphanage; and

vi.

Personal care home;

d.

Funeral homes with crematoriums; and

e.

Recreational vehicle parks.

(5)

Other activities that require a special use permit. A special use permit shall be required for any industrial and manufacturing processes that are not identified in this ULDC. A special use permit shall be required for the expansion of any non-conforming use.

(6)

Site plan required. All applications for a special use permit shall be filed with the director. The application shall be accompanied by a site plan which, along with the application, will become a part of the special use permit, if approved. The accompanying site plan shall provide the following information:

a.

For recreational vehicle parks:

i.

General layout of the development; and

ii.

Number of recreational vehicle stands; or

b.

For all other developments requiring a special use permits:

i.

Data describing all processes and activities involved with the proposed use;

ii.

Data showing compliance with the conditions listed in table 2-2 "Use conditions";

iii.

Site plan showing lot size and boundaries drawn to scale;

iv.

The location of each existing and proposed building and structure in the area covered by the site plan and the number of stories, height, roofline and gross floor area of any such building or structure, walls, fences and buffering. All items on site plan shall be dimensioned;

v.

The location of existing natural and manmade stormwater facilities and significant natural features;

vi.

Proposed wastewater facilities and points of discharge;

vii.

Proposed landscaping and screening buffers;

viii.

The location and dimensions of all curb cuts, public and private streets, parking and loading areas, pedestrian walks, lighting facilities, and outdoor trash storage facilities;

ix.

Traffic impact analysis, unless the applicant secures a written waiver from the city engineer stating that the proposed use will have no significant impact on the city's traffic system; and

x.

Anticipated permits required regarding pollutants, wetlands and hazardous materials.

(7)

Technical expert. When a special use permit is required to comply with the provisions of this ULDC and when the technical information provided by the applicant is beyond the technical capacity of the city staff to review the application, in addition to the usual application fee, the applicant shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement. The director shall notify the applicant in writing at least five working days prior to hiring a technical expert so that the applicant has the opportunity to withdraw his application or provide feedback on the hiring of the technical expert.

(f)

Expiration of special use permit. A lapse of a period greater than 24 months from the date of city council approval causes the special use permit and all related approvals or permits to expire and be of no further force and effect unless one of the following conditions are met:

(1)

The holder of the special use permit is issued a certificate of occupancy for the use specified in the special use permit;

(2)

If no certificate of occupancy is required, the holder of the special use permit is issued a certificate of completion for the use specified in the special use permit; or

(3)

In projects where the use will be established on the property in phases, the applicant may submit a series of permit applications to prevent the special use permit from expiring. The phasing plan must be annotated on the application for the special use permit. The first certificate of occupancy or completion must be issued within 24 months of special use permit approval. No more than 24 months shall pass between subsequent issuances of certificates of occupancy or completion until the project specified in the special use permit is complete.

If expired, a new special use permit application must be submitted and approved before engaging in the use.

(g)

Revocation of special use permit. The director may revoke a special use permit if it is determined that any of the following are true:

(1)

The applicants have misrepresented any material fact on their application, or supporting materials;

(2)

The special use fails or ceases to comply with applicable standards, conditions or criteria for issuance of a permit;

(3)

The operation of the special use violates any statute, law, ordinance or regulation; or

(4)

The operation of the special use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public.

(h)

Appeal of special use permit revocation. Owner of the special use permit may appeal such revocation to the city council. Owner must file a written appeal with the city clerk within ten days of the decision of the director. Owner must show that the director made decisions based on incorrect or incomplete data.

(i)

Discontinuation of use. A special use permit shall expire 12 months following the discontinuation of the use for which the special use permit was approved.

(Ord. No. 11,866, § 2(Exh. A), 2-23-12; Ord. No. 12,207, §§ 1, 2, 3-14-13; Ord. No. 12,473, § 10, 2-13-14)