No building permit shall be issued in any zoning district for any use for which a Special Use Permit is required until a Special Use Permit has been approved according to the requirements of this division and any applicable sections of DIVISION 8 Special Use Conditions in this Article.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
An applicant within the City limits, requesting approval of a Special Use Permit, shall file an application with the City. The completed application shall include the following information:
(1) 
A clear description of the proposed use.
(2) 
A drawing, at a scale of not less than one (1) inch to two hundred (200) feet, indicating the following:
(A) 
Existing zoning district classifications;
(B) 
Proposed zoning district classifications in a format that identifies boundaries between different zoning districts;
(C) 
Comprehensive master plan features, whether on-site or proposed, from any or all of the following elements: land use, urban design, parks and open space, trail network, and thoroughfares;
(D) 
The location of high voltage electrical lines, transmission pipelines and associated easements.
(3) 
A vicinity map indicating the general location of the subject property.
(4) 
A metes and bounds description of the subject property typewritten on an 8-1/2 inch by 11 inch sheet of paper.
(5) 
A filing fee shall be submitted with every petition in accordance with the fee schedule. In addition, a site plan review fee shall be submitted with every petition requesting a Special Use Permit that requires a site plan in accordance with the fee schedule.
(6) 
A site plan drawing reduced to fit on an 8-1/2 x 11 sheet of paper. Such site plan shall be attached as an exhibit to the Special Use Permit. Development of the site shall be in accordance with the approved site plan.
(b) 
If a zoning amendment is required or requested in writing, such application shall accompany the application for a Special Use Permit.
(c) 
If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Special Use Permit shall not become effective until final approval of the subdivision application; provided that if the land is to be divided in phases, the approval of the Special Use Permit shall take effect upon final approval of the phase of the subdivision containing the property on which the Special Use is to be located.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
The City Manager, in considering and determining its recommendations to the Nolanville 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, function and characteristics of any building or use proposed.
(b) 
Upon receipt of the recommendation from the City Manager, the Planning and Zoning Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the Special Use Permit application. Following the public hearing, the Planning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council. If the appropriateness of the use cannot be assured at the location, the Planning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.
(c) 
The City Council shall be the final decision-maker on applications for Special Use Permits. Following a public hearing, and in consideration of the Planning and Zoning Commission’s recommendations, the City Council shall approve, modify or deny the proposal for a Special Use Permit. If the appropriateness of the use cannot be assured at the location, the application for Special Use Permit shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.
(d) 
The City Council may, in the interest of the public welfare and to ensure compliance with this section, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized. In authorizing the location of any use listed as a Special Use Permit, the City Council may impose such development standards and safeguards as the conditions and location indicate important to the welfare and protection of adjacent property from traffic, noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, aesthetic harm, offensive view or other undesirable or hazardous conditions. Any conditions imposed shall be set forth in the motion approving the special use, and shall be incorporated into or noted on the site plan for final approval.
(Ordinance 6051-12 adopted 5/17/12)
The City Council, after public hearing and proper notice to all parties affected and after public hearing and recommendation by the City Manager, may authorize the issuance of Special Use Permits for the uses indicated in the Use Regulations of the zoning district of the property for which the Special Use Permit is requested. The City Manager shall verify that the site plan incorporates all conditions set forth in the special use, and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
Conditions imposed upon a particular Special Use Permit shall not be waived by the Zoning Board of Adjustment the Zoning Board of Adjustment [sic]. In conformity with the authority of the City Council to authorize Special Uses, the City Council may waive or modify specific standards otherwise made applicable to the use by this Ordinance, to secure the general objectives of this Section, provided.
(b) 
The expiration, extension & termination of a Special Use Permit shall be governed by the following rules:
(1) 
A Special Use Permit may be approved for a term not to exceed two (2) years.
(2) 
Special use permits for existing uses and/or structures shall automatically renew for successive two (2) year periods unless an objection is raised by the City Manager based on either:
(A) 
A history of poor code compliance; or
(B) 
A revision to the Comprehensive Plan that renders the Special Use Permit incompatible.
(C) 
Special use permits for new uses/structures shall be deemed to have expired and shall become null and void if construction is not completed and occupation commenced within two (2) years of the date the Special Use Permit was approved.
(D) 
If a Special Use Permit expires, or if the requisites of subsection (c) [(C)] above are not met, two (2) extensions of six (6) months each in length may be granted, unless otherwise specified by ordinance. If no request for extension of a Special Use Permit is submitted, then the Special Use Permit shall be null and void.
(E) 
In determining whether to grant a request for extension of a Special Use Permit, the City Council shall take into account the following factors:
(i) 
Reasons for the lapse;
(ii) 
Ability of the property owner to comply with any conditions attached to the original approval;
(iii) 
Extent to which development regulations would apply to the plan at that point in time;
(iv) 
History of code compliance at the premises; and
(v) 
Consistency of the Special Use Permit with the current Comprehensive Plan.
(F) 
The City Council shall either extend the Special Use Permit or deny the request, in which instance the originally approved Special Use Permit shall be deemed null and void. The property owner may thereafter submit a new plan application for rezoning or a Special Use Permit, and shall conform to the regulations then in effect.
(G) 
The City Manager may revoke a Special Use Permit for failure to comply with municipal regulations and the conditions placed on the use.
(Ordinance 6051-12 adopted 5/17/12)
(a) 
No proposed or existing building, premise or land use authorized as a Special Use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Special Use Permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this Section, and the Special Use Permit and approved site plan are amended accordingly.
(b) 
The Zoning Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the specific land use designated by any Special Use Permit.
(Ordinance 6051-12 adopted 5/17/12)
Uses allowed by Special Use Permit are specified in Exhibit A (Nolanville Zoning Ordinance Land Use Chart).
(Ordinance 6051-12 adopted 5/17/12)
A Special Use Permit is issued to a specific person or entity, and as such is nontransferable. A Special Use Permit is personal to a particular applicant. It does not run with the land. Subsequent purchasers or tenants seeking to continue the Special Use on the premises may apply for a new Special Use Permit.
(Ordinance 6051-12 adopted 5/17/12)