Uses that are allowed only if approved by a Specific Use Permit by the City Council in accordance with the procedures in
Section 4-5-54. Specific Uses are subject to all other applicable regulations of this chapter, including the additional listed standards contained in
Section 4-5-54.
Specific use regulations.
(1) Purpose. The development and execution of a zoning ordinance is based upon the division of the City into zoning districts. Within each zoning district, the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are specific uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without special consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses may be either public or private and are of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) Scope. A Specific Use is not considered a zoning change and does not require a zoning map amendment (rezoning). A Specific Use Permit may be subject to stated conditions required to make the use compatible with other uses permitted in the same zone or vicinity, as determined by City Council. A Specific Use Permit is NOT considered to be transferable from property owner to property owner or tenant to tenant and cannot be transferred from property to property. In other words, a Specific Use Permit is only issued to a specific tenant or user of the property and/or facility for that tenant or user's use.
The difference between a Specific Use and Conditional Use is that a Conditional Use allows a parcel of land or property to be used in a manner that deviates from normally accepted activities in that area; whereas, a Specific Use allows a parcel of land or property to be used in a manner that DOES NOT deviate from normally accepted activities in that area, but which activities at that specific property may require more restrictive control or oversight by the governing authority; for example, although the type of use or combination of uses meets the criteria and general definition of that zoning district, the use or combination of uses at that SPECIFIC property may not meet the criteria and general definition of that zoning district due to safety concerns and, therefore, requires certain conditions, if permitted at all.
(3) Process.
(a) Application.
1. An owner of the subject property or other person expressly authorized in writing by the owner of property in the City may file an application to use such land for one (1) or more of the specific uses authorized within the zoning districts of this title.
2. An application for a specific use shall be filed with the zoning administrator. All applications for a specific use shall be filed in accordance with City filing requirements, including
Section 4-5-55. Once it is determined by the zoning administrator that the application is complete, the zoning administrator shall schedule the application for consideration by the Planning and Zoning Commission.
(b) Action by the Planning and Zoning Commission.
1. Required Notice and Hearings. The Planning and Zoning Commission shall consider the specific use no more than thirty (30) days of receipt of a complete application. The Planning and Zoning Commission shall then conduct a public hearing on the requested specific use. Written notice of any such public hearing shall be mailed to all owners of real property, according to the most current County tax rolls, lying within two hundred (200) feet of the property for which a specific use is proposed. Such notice shall be mailed not less than ten (10) days before the date set for hearing. A legal notice giving the time and place of such hearing shall be published not less than fifteen (15) days before the date set for hearing. If an application or petition has been filed, the party responsible shall appear in person or by agent. The Commission shall act upon the specific use request as originally submitted or modified. If, in the Planning and Zoning Commission's judgment, the application does not contain sufficient information to enable the Planning and Zoning Commission to properly discharge its responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the thirty-day period shall be suspended pending receipt of all requested information and/or the public hearing may be continued.
2. Planning and Zoning Commission Action. Upon consideration, the Planning and Zoning Commission shall vote to recommend either approval, approval with conditions or denial of the specific use, and such recommendation shall be forwarded to the City Council. The Planning and Zoning Commission shall make findings, based upon the evidence presented at the public hearing, pursuant to each of the applicable standards in Subsection (4) below.
(c) Action by City Council.
1. Required Notice and Hearings. A public hearing shall be held by the City Council before adopting any proposed specific use request. Notice of such hearing shall be given by publication in the official publication of the City of Universal City, Texas, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the first day of such publication. If an application or petition has been filed, the owner shall appear in person or by agent.
2. City Council Action. After receiving a recommendation from the Planning and Zoning Commission, and upon consideration, if the City Council is satisfied that a proposed specific use request is justified, it shall approve the proposed specific use request. If modifications are required, such modifications shall be conditions to approval and clearly stated in writing. If the City Council is satisfied that the proposed specific use request is not justified, it shall disapprove the proposed specific use request. If an application or petition has been denied, the reasons for disapproval shall be clearly stated in writing and reflected in the official minutes of the meeting.
(d) Conditions on Specific Uses.
1. The Planning and Zoning Commission may recommend, and the City Council may impose, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the specific use as may be deemed necessary for the protection of the public interest.
2. Upon approval of a specific use by City Council, the City shall issue a specific use permit to the applicant stating the scope of approval, including conditions, if any, as required by City Council.
(4) Approval Standards for Specific Use Permits. No specific use shall be recommended for approval by the Planning and Zoning Commission and approved by the City Council unless it has made findings, based upon the evidence presented at the public hearing, to support each of the following conclusions:
(a) The proposed use is in accord with the objectives of these regulations and the purposes of the district in which the site is located.
(b) That the proposed use will comply with each of the applicable provisions of these regulations.
(c) That the proposed use and site development, together with any modifications applicable thereto, will be completely compatible with existing or permitted uses in the vicinity.
(d) That the conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and ensure compatibility with existing or permitted uses in the same district and the surrounding area, and that the prescribed zoning standards do not provide enough mitigation of the impacts identified, thus warranting stricter standards, if so recommended.
(e) The Commission has given due consideration to all technical information supplied by the applicant.
(f) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
(5) No Presumption of Approval. The listing of a use as a specific use within a zoning district does not constitute an assurance or presumption that such specific use will be approved. Rather, each proposed specific use shall be evaluated on an individual basis, in relation to all applicable standards of this title. Such evaluation will determine whether approval of the specific use is appropriate at the particular location and in the particular manner proposed.
(6) Revocation of Specific Use. A specific use may be revoked by the City Council after a finding of the existence of any one (1) of the following conditions or of the occurrence of any of the following events:
(a) Any of the provisions of this section or the zoning ordinance, or any of the terms and conditions of the specific use permit are violated.
(b) A building permit for the construction of the structure(s) for which a specific use permit was granted is not issued, through no fault of the City, within one (1) year of the granting of the specific use permit by the City Council, and the erection or alteration of a building is not started or the use is not commenced within such one-year period.
(c) Whenever an existing specific use is discontinued, changed to or replaced by a permitted use.
(7) Limitations on Denials. No application for a specific use, which has been denied by the City Council, shall be reconsidered for a period of one year from that date of denial.
