The city council may by ordinance, adopted by four affirmative votes after receiving the recommendation of the commission, grant a conditional use permit in compliance with this division for the conditional uses as listed in section 53-1047. The city council may impose appropriate conditions and safeguards, including a specified period of time for the permit, to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood.
(Ordinance 438, § 63(a), adopted 11/24/2003; Ordinance 526, § 8, adopted 1/8/2008)
The following listed conditional uses, and none other, may be authorized subject to the terms of this section and compliance with all conditional terms, regulations and requirements established by the city council:
(1) 
Heliport in CM, W and PUD districts only;
(2) 
Municipal service facilities and buildings in all districts;
(3) 
Circus or carnival, but not within 300 feet of any residential district;
(4) 
Privately operated community building or recreation field in all districts;
(5) 
Telephone, radio or television broadcasting tower or station in T, CM, W and PUD districts only;
(6) 
Cemeteries in A, TU, E, CBD-2, RS, W, CM, or PUD districts;
(7) 
Schools, public and denominational, but not day care in all districts where not otherwise specifically permitted;
(8) 
Manufactured homes in the limited areas as specifically authorized by this chapter;
(9) 
Quarry operations are permitted in the CM district as conditional uses, subject to the requirements in division 2 of this article;
(10) 
The specific manufacturing and warehouse uses set forth in the table in section 53-1106 may be permitted as provided in division 3 in this article;
(11) 
RV sales in the RS district within the I-35 overlay district only; and
(12) 
Buildings with a height of up to 150 feet in the RS district in all zoning districts, including planned unit developments, but not including the Plum Creek PUD.
Zoning districts not allowed a height exception:
•
Single-family residential zoning districts (both attached and detached), including two-family structures (duplexes), three-family structures (triplexes), and townhomes.
(Ordinance 438, § 63(b), adopted 11/24/2003; Ordinance 438-11, § 3, adopted 7/6/2004; Ordinance 438-50, § 3, adopted 9/19/2006; Ordinance 526, § 8, adopted 1/8/2008; Ordinance 643, § 5, adopted 2/1/2011; Ordinance 841, § 2, adopted 3/17/2015; Ordinance 1161, § 1(Exh. A), adopted 8/3/2021)
Before authorization of any of the conditional uses authorized in section 53-1047, public notice shall be given and public hearings shall be held as provided in V.T.C.A., Local Government Code ch. 211; provided that a conditional use permit for a period not to exceed seven calendar days may be given for a use set forth in section 53-1047(3) after a public hearing is held by the city council after having received a report and recommendation from the planning and zoning commission concerning the effect of the proposed use on the adjacent and neighboring properties and neighborhoods.
(Ordinance 438, § 63(c), adopted 11/24/2003)