8. Section 24.94.8 Amendment to An Approved Conditional Use Permit A description of the process by which a change may be granted to an existing conditional use permit. 9. Section 24.94.9 Insubstantial Changes to An Approved Conditional Use Permit A description of the nature of an insubstantial change and the Planning and Zoning Director's authority regarding these sorts of changes. 10. Section 24.94.10 Expiration of Conditional Use Permit Approval Section 24.94.11 Revocation Section 24.94.12 Discontinuance Section 24.94.13 Transferability All of the above mentioned sections discuss the terms and conditions under which a conditional use permit may expire, be revoked, be discontinued, or be transferred. 11. Section 24.94.14 Board of Adjustment Stipulates that the Board of Adjustment shall have no authority to grant variances with respect to Conditional Use Permits. 12. Appendix A Creates definitions for Conditional Use, and Conditional Use Permit. 13. Appendix B-3 Stipulates the fee required of a Conditional Use Permit request.

CITY OF LAREDO ORDINANCE NO. 2002-O-257

Amending Section 24-94, Appendix A, and Appendix B-3 of the Laredo Land Development Code, in order to establish standards and procedures governing the issuance of Conditional Use Permits; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. (aS AMENDED)

WHEREAS, the Laredo Land Development Code does not currently provide guidelines regarding Conditional Use Permit application procedures, review criteria, or approval standards; and,

WHEREAS, the inclusion of such standards and procedures has been deemed necessary and appropriate; and,

WHEREAS, the Planning and Zoning Commission, after a public hearing, has recommended approval of the ordinance; and,

WHEREAS, notice of the ordinance was advertised in the newspaper at least fifteen (15) days prior to the public hearing held before the City of Laredo City Council on this matter; and,

WHEREAS, the City Council has held a public hearing on October 7, 2002, on the request and finds the ordinance appropriate and consistent with the General Plan of the City of Laredo.

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: Section 24-94 of the Laredo Land Development Code be and is hereby amended as follows:

SECTION 24-94 SPECIFIC CONDITIONAL USE PERMIT ZONING OVERLY DISTRICT PROCEDURES

Section 24.94.1 General

Conditional uses are those land uses which are not permitted by a site's current zoning designation, but are generally compatible with the surrounding land uses, and are authorized by the issuance of a Conditional Use Permit pursuant to the criteria and procedures described by this section.

Conditional uses require site review of their location, design, intensity, density, configuration, and operating characteristics, and may require the imposition of appropriate conditions, in order to ensure compatibility of the use to its particular location and mitigate it's potentially adverse impact on the surrounding area.

Section 24.94.2 Purpose

The purpose of a Conditional Use Permit is to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. A Conditional Use Permit is primarily intended for property located in older sections of the City and is intended to promote development and/or redevelopment of such property which is consistent with the land use patterns of surrounding property. The City Council may grant a Conditional Use Permit where there is a finding based on testimony received at the public hearing that the applicant is willing and able to mitigate any negative effects of the proposed use.

Section 24.94.3 General Contents of a Conditional Use Permit Application and Fees

Any applicant requesting a Conditional Use Permit under the requirements of this section shall file with the City Planning Department an application for such permit with the appropriate fee. It shall be the applicant's responsibility to submit a complete application, which addresses the review criteria of this section.

All Conditional Use Permit applications shall contain, at a minimum, the following information:

(A) A complete copy of a recorded deed conveying the proposed Conditional Use site to the person identified on the application as the owner.

(B) Tax certificates for the property indicating that all taxes are paid to date.

(C) A site plan of the subject property, showing existing and proposed features, buildings, roads, alleys, utilities, etc. which are relevant to review of the conditional use application. Current land use of properties on all sides of the property and across streets and alleys.

(D) The name, address, and telephone numbers of all owners, applicants, and representatives.

(E) The certificate and/or articles of incorporation shall be required of properties owned by business entities.

Supplementary Information

The Planning Director may request any information of the applicant as is necessary to evaluate the impacts of the conditional use application. Examples of the information which may be requested are elevations of the proposed new or remodeled structures, analysis of the traffic impacts of the proposed use, or evaluation of the environmental impacts of the proposed use.

Fees

Fees for conditional use permits shall be as listed in Appendix B-3 of the Laredo Land Development Code.

Section 24.94.4 Process

The processing of a Conditional Use Permit application shall follow the administrative procedures set forth for amendment of the zoning map in Section 24-92 of the Laredo Land Development Code.

Section 24.94.5 Conditional Use Permit Application Submittal Criteria

All Conditional Use Permit applications must conform to all of the following criteria:

A. Conditional Use Application parameters:

1. Applications for properties currently zoned A-G may only seek conditional use status for those uses permitted by zones R-S, R-1, R-1A, R-1-MH, RSM, R-2, R-3, or R-O.

2. Applications for properties currently zoned residentially may only seek conditional use status for those uses permitted by any residential zone of higher intensity or a B-1 designation.

3. Applications for properties currently zoned commercially may only seek conditional use status for those uses permitted by any commercial zone of higher intensity.

4. Applications for properties currently zoned industrially, may only seek conditional use status for those uses permitted by any manufacturing zone of higher intensity.

B. The site of the proposed conditional use or any improvements thereon are not in violation of any local, state, or federal law (other than zoning violation).

C. The City Council has not approved or denied any zone change or Conditional Use Permit request for the subject property within the last six months of the current CUP request submittal date.

Section 24.94.6 Conditional Use Permit Review Standards:

An application for a Conditional Use shall comply with the following standards:

A. Suitability

The characteristics of the proposed site are suitable for the proposed use considering the size, shape, location, topography and location of improvements and natural features.

B. Timeliness

The proposed use and/or development is timely, considering the adequacy of transportation systems, public facilities and services, existing or planned for the area affected by the proposed use.

C. Compatibility to Surrounding Area

The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed as allowable by the underlying zoning district.

D. Comprehensive Plan

The proposed use satisfies any applicable goals and policies of the Comprehensive Plan, which apply to the proposed use.

E. Overlay Status

The proposed Conditional Use Permit is the only zoning overlay on that site.

F. Master Plan

The proposed use is consistent with any approved Master Plan for that area.

G. Conformance to Code

The use shall conform to all other applicable provisions of this Land Development Code, including but not limited to:

1. Zoning Districts Standards. The purpose of the zone district in which it is located, the dimensions standards of that zone district, and any standards applicable to the particular use.

2. Site Development Standards. The parking, landscaping, sign, and improvement standards.

H. Use Appropriate and Compatible

The use shall be appropriate to it's proposed location and be compatible with the character of neighboring uses, or enhance the mixture of complementary uses and activities in the immediate vicinity.

I. Traffic

The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking or loading problems. Necessary mitigating measure shall be proposed by the applicant.

J. Nuisance

The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.

K. Environment

The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.

Section 24.94.7 Authorization to Impose Conditions

The Planning and Zoning Director and Commission may recommend, and the Council may impose such conditions as are necessary to maintain the integrity of the City's zoning districts, to ensure the conditional use is consistent with the City's Comprehensive Plan, conforms with the Land Development Code, is appropriate to it's location and compatible with neighboring uses, and does not cause undue traffic congestion or significant deterioration of the environment.

All requirements imposed by a Conditional Use permit are in addition to and supplement land development code requirements.

Authorized conditions include, but are not limited to:

(A) Site Plan Features

Limitations or requirements regarding the area, setbacks, open space, landscaping, buffering, lighting, fencing, signage, off-street parking, and similar site plan features of the proposal.

(B) Operations

Limitations or requirements regarding the conditional use's operating characteristics, duration or any similar feature of the conditional use.

(C) Duration

In the event Council limits the duration of a conditional use permit, a six month grace period, starting from the Council's final approval date, shall be afforded the applicant, over and above that time period stipulate by Council.

Section 24.94.8 Amendment To An Approved Conditional Use Permit

Any change to an approved conditional use permit, other than those changes that qualify as insubstantial pursuant to Section 24.94.9 of this article, will require amendment of the existing conditional use permit

Amendment of an approved conditional use permit may only be authorized by the City Council pursuant to the administrative procedures set forth in Section 24.92 of the Laredo Land Development Code governing the amendment of the zoning map.

Section 24.94.9 Insubstantial Changes To An Approved Conditional Use Permit

The Planning and Zoning Director may approve insubstantial changes to a previously approved conditional use permit.

An insubstantial change is one that becomes necessary during the use's actual implementation, which could not be reasonably anticipated during it's review by the City Council and one that the Planning and Zoning Director determines does not significantly change the original approval granted.

An amendment to any of the following Conditional Use Permit requirements may not be considered insubstantial:

(A) Use - those activities allowed on site by the Conditional Use Permit.

(B) Operational Characteristics - the gross limitations or requirements regarding the conditional use's operating characteristics.

(C) Site Plan Features - the gross limitations or requirements regarding the area, setbacks, open spaces, landscaping, buffering, lighting, fencing, signage, or the off-street parking of the proposal.

(E) Duration - Requirements governing the duration of the permit.

(F) Permit Holder - Requirements regarding the person or entity to whom the permit is issued.

Section 24.94.10 Expiration of Conditional Use Permit Approval

If the use for which the Conditional Use Permit was authorized does not commence within six months of City Council's final approval date, the Conditional Use Permit approval shall expire.

Section 24.94.11 Revocation

The Conditional Use Permit shall be revoked should the conditionally permitted use exhibit any of the following conditions:

A. The use established on site does not conform to all conditions approved by the Council and or any local, state or federal law.

B. The activity authorized by the Conditional Use Permit commences prior to the institution of all conditions imposed by the Conditional Use Permit.

C. The applicant fails to comply at any time during the Permit's duration with all the conditions imposed by the Conditional Use Permit.

Section 24.94.12 Discontinuance

Discontinuance of a conditional use for a period of six (6) consecutive months shall render the conditional use permit null and void.

Section 24.94.13 Transferability

A Conditional Use Permit shall be transferable only with the approval of the City Council, and shall be subject to all conditions of the initial approval, and such other conditions as the City Council may require.

Section 24.94.14 Board of Adjustment

The Board of Adjustment shall have no authority to grant any variance to any aspect of any Conditional Use Permit duly authorized by the City Council.

Section 2: Appendix A of the Laredo Land Development Code be and is hereby amended such that the following definitions are added:

Appendix A

Conditional Use shall be defined as a use allowed within certain zoning districts under certain conditions.

Conditional Use Permit shall be defined as a permit granted solely on a discretionary and conditional basis by the City Council, which authorizes a land use in a zoning district in which that use is not normally permitted. All requirements of a Conditional Use Permit are in addition to and supplement land development code requirements.

Section 3: Appendix B-3 of the Laredo Land Development Code be and is hereby amended as follows:

"APPENDIX B-3

ZONING FEES

SCHEDULE OF FEES, CHARGES AND EXPENSES

For any petition to amend this ordinance, or application for special use permit, or appeal to the Board of Adjustment there shall be a fee paid that will be in accordance with the following fee schedule:

(1) Change to the Zoning narrative $ 50.00

(2) Change to the Zoning map:

(A) Commercial or Industrial Zones

(i) less than one acre $250.00

(ii) one to five acres $300.00

(iii) over five acres $400.00 plus $50.00 per acre for each acre over five acres.

(B) Residential Zones

(i) less than one acre $200.00

(ii) one to five acres $250.00

(iii) over five acres $400.00 plus $50.00 per acre for each acre over five acres.

The application fees for changes to the zoning classification of land shall in no event exceed two thousand dollars ($2,000). The acreage used in determining the fees under this subsection shall be rounded off to the nearest whole acre.

(3) Application for a Special Use Permit: $100.00

(4) Application for a Conditional Use Permit: $ 500.00

(45) Appeal to the Board of Adjustment:

(i) Administrative appeals $ 50.00

(ii) Substantive appeals $ 75.00

(As amended 11/4/91, Ord. #91-0-243)"

Section 4: This ordinance shall be published in a manner provided by Section 2.09 (D) of the Charter of the City of Laredo.

Section 5: This ordinance shall become effective as and from the date of publication specified in Section 2.

Section 6: Severability

If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of another portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.

Section 7: Open Meetings

The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city hall of the City for the time required by law preceding this meeting, as required by the Open Meeting Act, Texas Government Code Sect. 551.001 ET. AT.; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter approves and confirms such written notice and the contents and posting hereof.

PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE __________ DAY OF _________________, 2002.

___________________________

ELIZABETH G. FLORES

MAYOR

ATTEST:

___________________________

GUSTAVO GUEVARA, JR.

CITY SECRETARY

APPROVED AS TO FORM:

JAIME FLORES

CITY ATTORNEY

____________________________

BY: ALLAN W. MCGRAW

ASSISTANT CITY ATTORNEY