§ 17.20.020. Certain uses to be located by special permit.

A.

Uses listed in subsection B of this section may locate in certain zones under certain conditions by a special permit granted by the city council, after a report and recommendation by the commission. After receiving an application for permit, the commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood, character, traffic, public utilities, public health, public safety and general welfare; such public hearing shall be substantially the same and notices shall be given in accordance with the requirements for zoning amendments as provided in Section 17.16.010 of this code. After receiving the report and recommendation of the commission, the city council shall hold a public hearing relative to the application for permit, such public hearing to be substantially the same as required in Section 17.16.010 of this code.

B.

Uses for which special permits shall be secured, conditions that must be observed and districts in which they may be allowed are:

USE	SPECIAL CONDITIONS	DISTRICTS
Accessory dwelling units	1. Real property containing a dwelling unit which was in existence on a lot of record within the City of Uvalde as of October 27, 2015 [in R-2 or R-3 zoning]. No fee will be charged for existing dwelling units. New accessory dwellings in R-1 zoning.	R-1
	2. Owner occupied property.
	3. Water and sewer utilities are not metered separately from main residence.
	4. Dwelling is not less than 300 square feet or more than 800 square feet.
	5. Not more than two occupants.
	6. All parking and setback requirements are met for that zoning district.
Bed and breakfast facilities	A. Bed and breakfast facilities are subject to the following special conditions:	R-1, B-3
	1. Parking. One off-street parking space per guest room and one off-street parking space for the owner/proprietor are required.
	2. Number of guest rooms. The maximum number of guest rooms shall be eight.
	3. Length of stay. The maximum length of stay for each guest shall be limited to 14 consecutive days within any 30-day time period.
	4. The facility shall be owner occupied in the R-1 zoning districts and may be manager occupied in B-3 zoning districts.
	5. Signs shall conform to City of Uvalde Sign Control Ordinance
	B. Health factors:
	1. The meals shall be confined to a continental-type breakfast, consisting of pastries (prepared outside the establishment), milk, cereal, fruit, fruit juice, and coffee, unless the facility meets all state and city health department requirements for commercial food service. Cooking in a guest room is prohibited.
	2. The owner of the facility shall provide clean linens and towels on a daily basis, provide adequate heating, air conditioning, ventilation and lighting; provide adequate hot and cold water; provide adequate sewage disposal; maintain the outside area in a clean and sanitary manner; maintain the structure(s) in suitable state of repair; and properly clean the premises and facilities during the guests stay and after each guest has departed.
	3. Each owner of the facility must acquire a permit for the facility from the city health department prior to issuance of a certificate of occupancy.
	4. Inspections by the city health department will be made on a regular basis and upon demand as required by a complaint. The inspections must be successfully passed.
	C. Building and Fire Protection considerations:
	1. Owner of bed and breakfast facility must obtain a certificate of occupancy (C.O.) from the city building official after a special use permit is issued, if a special use permit (SUP) is required. The facility must successfully pass the C.O. inspection.
	2. The structure(s) must conform to all city and state building codes for existing or new construction as the situation dictates.
	3. The city fire marshal or his representative shall inspect all bed and breakfast facilities before a C.O. is issued. The facility must successfully pass the inspection. Regular inspections shall be made on an annual basis.
	4. Each bed and breakfast facility must comply with the appropriate section on "Lodging and Rooming Houses" contained in NFPA 101 Life Safety Code.
	5. Each facility must have at least one battery operated or regular hard wired smoke detector in all guest rooms, stairwells and/or corridors on each floor of the structure.
	6. An approved fire extinguisher shall be provided in close proximity to the guest units on each floor.
Multi-family dwellings	Applicant must furnish satisfactory plans and data concerning the operation, function and characteristics of the proposed buildings and use of land.	B
Nursery, prekindergarten, play, special and other private schools	At least 100 square feet of open play space must be provided for each child in the school at any one time.	Any
Nursing homes	Applicant must furnish satisfactory plans and data concerning the operation, function and characteristics of proposed buildings and use of land.	All R and B
Off-street parking of eighteen wheeler/tractor trailer type regulated vehicle	1. A resident of the city may, in appropriate conditions and circumstances, on or before January 1, 2016 and not thereafter, obtain a special use permit to park a regulated vehicle and empty trailer that are owned and operated by them on residential property that is owned and occupied by them.	All R
	2. The residential property must connect to a public street by a paved driveway constructed in such a manner that minimizes damage to the street surface. Such driveway and parking area must have adequate drainage and be constructed of surface paving acceptable to the city.
	3. There must be adequate ingress and egress to allow the regulated vehicle safe maneuvering off and onto the public roadway.
	4. The permit must be prominently displayed on the windshield of the regulated vehicle during the time it is parked or operating in the residential area.
	5. Number of trucks per residential lot will be determined by available space and setbacks with a minimum space of 80×10' per tractor/trailer combination or 30×10' per tractor.
	6. The vehicle must have a current inspection, insurance, license plate, proof of ownership and be operational and ready for use. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or any location approved for such use.
Outdoor theater	Must be approved by State Highway Department when located on or near a state highway.	I
Parking lots	No parking allowed in required front yard. Front yard to be grassed, landscaped and maintained.	B-1, B-2, B-3, I
Regulated vehicle	1. A resident of the city may, in appropriate conditions and circumstances, on or before October 8, 2015 and not thereafter, obtain a special use permit to park a regulated vehicle and trailer that are owned/leased and operated by them on residential property that is occupied by them. No fee will be charged for the permit. After initial application, permits will renew in March each year.	All R
	2. The residential property must connect to a public street by a paved driveway constructed in such a manner that minimizes damage to the street surface. Such driveway and parking area must have adequate drainage and be constructed of limestone, crushed rock or a similar material.
	3. There must be adequate ingress and egress to allow the regulated vehicle safe maneuvering off and onto the public roadway.
	4. The permit must be prominently displayed on the driver's side of the regulated vehicle during the time it is parked or operating in the residential area.
	5. Number of regulated vehicles per residential lot will be determined by available space and set-backs with a minimum space of 80 × 10 feet per vehicle.
	6. The vehicle must have proof of inspection, insurance, license plate, ownership/leasehold interest and be operational and ready for use. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or any location approved for such use.
Sale of all alcoholic beverages, including mixed beverages	As prescribed by the commission and approved or amended by council.	B-2
Sand, gravel, loam, and dirt pits	As prescribed by commission.	Any

 

( Ord. No. 2016-04 , § 2, 3-8-2016; Ord. No. 2015-16 , § 2, 11-10-2015; Ord. No. 2015-14 , § 2, 10-27-2015; Ord. No. 2015-12 , § 2, 10-13-2015; Ord. No. 2015-04 , § 2, 6-9-2015; Ord. No. 2013-09, 6-25-2013; Ord. No. 2011-20, § 2, 8-9-2011; Ord. 2007-07 (part), 2007; prior code Appx. B § 2.2)