§ 35-423. Specific Use Authorization.
STATEMENT OF PURPOSE
The purpose of this section is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but which may, under the right set of circumstances and conditions be acceptable in certain specific locations. These uses are permitted only through the issuance of a specific use authorization by the city council after ensuring that the use can be appropriately accommodated on the specific property, will be in conformance with the comprehensive plan, can be constructed and operated in a manner which is compatible with the surrounding land uses and overall character of the community, and that the public interest and general welfare of the citizens of the city will be protected. No inherent right exists to receive a specific use authorization; such authorizations are a special privilege granted by the city council under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient and additional measures may be necessary to mitigate the impact of the proposed development. Specific use authorizations are authorized by V.T.C.A. Local Government Code §§ 211.005 through 211.007.
(a)
Applicability. The provisions of this section apply to any application for approval of a specific use authorization. Specific use authorizations are those uses which are generally compatible with the land uses permitted by right in a zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses that are enumerated as specific use authorizations in a zoning district, as set forth in the use matrix (section 35-311), shall be authorized by the city council. A specific use authorization shall not be required for a use allowed as a permitted use in a given zoning district. Up to two (2) specific use authorizations can be authorized by the city council for properties within the Edwards Recharge Zone District, if the uses are permitted by right in the base zoning district.
(b)
Initiation. An owner of real property within the city, or that owner's authorized representative, may, upon proof of ownership or agency, apply for a specific use authorization for that landowner's property by filing an application for a specific use authorization with the director of planning and development services. The application shall include the material required in Appendix "B" of this chapter for a specific use authorization (section 35-B111). An application shall not be deemed to have been filed until it is complete including all signatures, attachments, and the requisite filing fee.
(c)
Completeness Review. The director shall review the application for specific use authorization for completeness in accordance with section 35-402 of this article. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the zoning commission.
(d)
Decision. When the director has certified that the application is complete, it shall be deemed received and shall be referred to the zoning commission for its review and decision.
(1)
Type of Hearing. The public hearing before the zoning commission and city council shall be conducted as a legislative hearing in accordance with subsection 35-404(d), above.
(2)
Zoning Commission. The zoning commission, after public notice in accordance with V.T.C.A. Local Government Code § 211.007(c), shall hold at least one (1) public hearing on such application and as a result thereof shall transmit its final report to the city council. A public hearing shall be conducted, and a recommendation shall be submitted, by the zoning commission in accordance with the requirements of V.T.C.A. Local Government Code § 211.007. All applications for consideration of a specific use authorization which have been considered by the zoning commission shall be presented by the applicant to the city council within six (6) months from the date of the commission's final consideration. The application shall be accompanied by the filing fee specified in Appendix "C." In the event the applicant fails to present the application for a specific use authorization to the city council within the prescribed period, a new original application and fees shall be required. The new application may be submitted to the zoning commission for consideration after the six-month time period specified in subsection (f), below, is met.
(3)
City Council. After receipt of the recommendations of the zoning commission, the city council shall approve or deny the specific use authorization application in accordance with V.T.C.A. Local Government Code § 211.007. Should an applicant request that a zoning hearing be postponed after notice thereof has been given, the hearing will not be rescheduled until the applicant pays the postponement request fee specified in Appendix "C." When a specific use authorization application is accompanied by an application for subdivision approval, such dual applications may be processed and reviewed concurrently in accordance with section 35-423 of this article. If the base zoning district proposed with the specific use authorization is inconsistent with the master plan, an application for an amendment to the master plan shall be submitted by the applicant. Amendments to the master plan may be considered concurrent with an application for rezoning.
(4)
Conditions. In approving any specific use authorization, the city council may by ordinance:
A.
Impose such reasonable standards, conditions or requirements, in addition to or which supersede any standard specified in this chapter, as it may deem necessary to protect the public interest and welfare. Such additional standards may include, but need not be limited to, special setbacks, yard requirements, increased screening or landscaping requirements, area requirements, development phasing, and standards pertaining to traffic, circulation, noise, lighting, hours of operation, number of occupants and similar characteristics.
B.
Require that a performance guarantee, acceptable in form, content and amount to the city, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified.
C.
At the time of granting special approval for athletic fields in residential, office or light commercial zones, the council may limit the duration of such use to a time period of not less than two (2) years. Upon completion of such period as so established by the council, the use of property for such purpose must cease, unless a new special approval is granted by the council after following the same procedures involving notices and hearings as was followed originally and after receipt of recommendations from the zoning commission and a report from city staff concerning violations of any conditions or detrimental effects the use has had on adjacent property.
(e)
Approval Criteria. As may be specified within each zoning district, uses permitted subject to specific use authorization review criteria may be considered only if the applicant demonstrates that:
(1)
The proposed specific use authorization shall be in compliance with all regulations of the applicable zoning district, the provisions of article V of this chapter, and any applicable supplemental use regulations as set forth in article III, division 7 of this chapter.
(2)
The proposed specific use authorization shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal, as submitted or modified, shall have no more adverse effects on health, safety or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. In making such a determination, consideration shall be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any policy of the master plan which encourages mixed uses and/or densities.
(3)
Adequate utilities shall be provided as set forth in the utilities standards of this chapter.
(4)
Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.
(5)
The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.
(6)
The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.
(7)
The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.
(8)
The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(9)
The public interest and welfare supporting the proposed specific use authorization shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use.
(f)
Subsequent Applications. An application for a specific use authorization may be withdrawn at any time, but if the application has been advertised in compliance with state law, an application requesting substantially the same use on all or part of the same described land shall not be reconsidered within one (1) year of withdrawal. No application for a specific use authorization pertaining to any lot, parcel or portion thereof which requests the same use and same conditions shall be considered within one (1) year of a final decision denying the application.
(g)
Amendments. An amendment is a request for any enlargement, expansion, increase in intensity, relocation, or modification of any condition of a previously approved and currently valid specific use authorization. Amendments shall be processed as follows:
(1)
Non-Material and Insignificant (Minor) Modifications. Shifts in on-site location and changes in size, shape, intensity, or configuration in accordance with the minor amendment criteria established in subsection 35-403(d)(1) may be authorized by the director upon submittal of a revised site plan, provided that such minor changes comply with the following criteria:
A.
No more than two (2) minor modifications have previously been granted pursuant to this subsection;
B.
Nothing in the currently valid specific use authorization precludes or otherwise limits such modifications; and
C.
The proposal conforms to the provisions of this article and is in keeping with the spirit and intent of any adopted comprehensive plan.
The applicant for a minor amendment shall submit a site plan that is consistent with the requirements of section 35-B111 for specific use authorizations. The submittal shall include the site plan approved with the original application and a revised copy with annotation of the requested changes. The revised site plan shall be prepared to scale and shall include a block for a signature by the property owner and the development services director to indicate acceptance of the revised site plan and, if applicable, shall include appropriate signature and seals of the design professional (i.e. architect, engineer, surveyor) that prepared the site plan. The site plan shall be processed only upon payment of the plan amendment fee indicated in Section 35-C103. In accordance with subsection 35-402(c)(3), development services will conduct completeness review within five (5) working days of submittal. After the five-day completeness review process, the site plan will undergo a technical review by staff not to exceed thirty-five (35) days. If approved, the site plan shall be recorded by the applicant in accordance with subsection 35-423(i) below.
(2)
Major Amendments. Any proposed amendment other than those provided for in subsection (1) above shall be considered a major amendment of a previously approved and currently valid specific use authorization. A new specific use authorization shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit.
(3)
Nonconforming Uses. For an existing and currently valid specific use authorization which is no longer allowed as a specific use authorization in the zoning district in which it is located, the city council, upon receipt of an application, may review and approve an amendment to said permit, provided such amendment does not allow the use to be enlarged, expanded, increased in intensity, relocated, or continued beyond any limitation specified in the existing use permit or established in article VII Nonconforming Uses and Vested Rights.
(h)
Scope of Approval. Once a specific use authorization is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the city council, in approving the initial specific use authorization , has specifically established alternative procedures for consideration of future expansion or enlargement. The provisions of article VII relative to expansion of nonconforming uses shall not be construed to supersede this requirement unless the conditionally permitted use for which the permit was initially granted is, in fact, no longer a use permitted as of right or as a specific use authorization in the zoning district in which located.
(i)
Recording Procedures. A certified copy of all ordinances authorizing a specific use authorization pursuant to this section shall be recorded by and at the expense of the applicant in the name of the property owner as grantor in the office of the county clerk.
(Ord. No. 98697 § 6) (Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)