HomeMy WebLinkAbout2018-O-28 - Amend Zoning Ordinance - Conditional Use Permit ORDINANCE NO. 2018-0-28
AN ORDINANCE OF THE CITY OF STEPHENVILLE,TEXAS AMENDING THE ZONING ORDINANCE BY
CREATING SECTION 154.20.3 PLANNING AND ZONING COMMISSION—CONDITIONAL USE PERMIT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,TEXAS
The Zoning Ordinance of the City of Stephenville is hereby amended by adding the following:
Section 154.20.3: Planning and Zoning Commission-Conditional Use Permit
20.3.A Definition. A conditional use permit is defined in Section 154.03. The terms "Conditional Use
Permit" and "Special Use Permit" may be used interchangeably.
20.3.6 Effective Date. A Conditional Use Permit shall be deemed effective upon the date approved by
the City Council.
20.3.0 Termination of Conditional Use Permit. A Conditional Use Permit shall terminate and become
null and void as follows:
1) Failure to Commence the Use:
Upon a finding by the City Manager that the conditional use for which the Conditional Use Permit
was issued has not commenced within 180 calendar days after the effective date of the
Conditional Use Permit or the date set forth in the Conditional Use Permit, whichever is
applicable. For purposes of this paragraph, the use shall be deemed to have commenced:
a. if no new construction or renovation of an existing building is required, when actual use
for the purposes described in the permit commences;or
b. if new construction or renovation of an existing building is required before the use can
commence, when a completed application for a building permit, all required
construction drawings, and the applicable permit fees have been delivered to the City
Building Inspections Department;
2) Failure to Commence Actual Use Within Two Years of New Construction or Renovation:
If new construction or renovation of an existing building is required before the use can
commence, upon a finding by the City Manager that actual use of the property has not
commenced within two(2)years after the effective date of the Conditional Use Permit or the date
set forth in the permit, whichever is applicable;
3) Cessation of Use Not Related to Destruction of Property:
After commencement of the actual use of the property for the purpose set forth in the permit,
upon a finding by the City Manager that actual use of the property for the purpose for which the
Conditional Use Permit was approved:
a. has not occurred for a period of 180 consecutive days after the commencement of the
actual use for which the Conditional Use Permit was approved; and
b. that the conditional use ceased for reasons other than destruction of buildings due to fire,
flood, or windstorm;
4) Cessation of Use Related to Destruction of Property:
After commencement of the actual use of the property for the purpose set forth in the permit,
upon a finding by the City Manager that actual use of the property for the purpose for which the
Conditional Use Permit was approved has not occurred for a period of two consecutive years after
_. the date of destruction by fire, flood, or windstorm of the buildings in which the use was
occurring;
Upon a finding of the City Manager that the use of the property has not been or is not in compliance
with the provisions of the permit, the City Manager shall send written notice that the permit will be
terminated fifteen (15) days from the date of the receipt of the notice, said notice to be sent by
certified mail, return receipt requested to the owner of the property at the last known address
indicated on the property rolls of the Erath County Appraisal District,a copy of which notice shall also
be placed on the property. Said notification shall contain a summary of the findings by the City
Manager citing the provisions of the permit or City Code which have been violated.
20.3.D Appeals
1) Appeal of Termination for Non-Compliance:
The owner of the property may file a written appeal of the City Manager's decision with the City
Council by delivering to the City Secretary a summary of the property owner's basis for appeal not
later than ten (10) calendar days from receipt of the City Manager's notice. The appeal shall be
heard at the next regular City Council meeting which occurs on or after the tenth calendar day
following the receipt of the notice of appeal.The appeal to the City Council shall be conducted in
accordance with procedures adopted by the City Council.
On appeal, the City Council may:
a. uphold the decision of the City Manager and terminate the permit;
_. b. uphold the decision of the City Manager, but grant additional time for
compliance, after which date the permit shall terminate if the City Council
determines that compliance has not been achieved during the additional time; or
c. overrule the decision of the City Manager.The decision of the City Council shall be final.
2) Failure to File an Appeal:
If the owner of the property fails to file an appeal as set forth in Section 1,above,on the fifteenth
day following delivery of written notice to the owner of the property for which a Conditional Use
Permit is issued that the City Manager has determined that violates the provisions of the permit,
the conditional use permit will be terminated.
This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this 7th day of August, 2018.
Or
�'/c , '5'Doug vien, Mayor
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ATTEST:
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Staci L. n g, ty Secreta
Reviewed byAnent(Barnes,
City Administrator
Randy Thomas, City Attorney
Approved as to form and legality
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