A. Purpose. The uses listed under the various districts within the Use Chart as "S" are so classified because the City Council has found that these uses may, because of their nature or intensity, be incompatible with other permitted uses in the same or adjacent district or may be compatible only with mitigation imposed through additional standards and conditions attached to the use.

B. Specific use permit applicability. See Figure 3.5.6-1 for approval process flowchart

 

1. The designation of a use as permissible by Specific Use Permit (SUP) does not mean that City Council will approve the use at any location in the zoning district.

2. Approval of an SUP does not authorize any use other than the particular use authorized in the SUP.

3. An SUP is a land use entitlement granted to a particular property or location and may be transferred from owner to owner so long as the SUP remains in compliance with and unexpired (see Subsection G, below).

4. No Specific Use Permit may be enlarged, extended, or relocated unless City Council approves a new Specific Use Permit.

5. Special Standards for Buildings Exceeding the Maximum Building Footprint or Maximum Building Height. Buildings proposed to exceed the Maximum Building Footprint or Maximum Building Height shall obtain an SUP that also requires the following: see § UDC-3.5.6B.5 for detailed information.

 

C. Site plan approval required for SUPs and PDDs.

1. The City Manager or designee has the authority to waive the requirement for a fully-engineered Site Plan with submission of a Specific Use Permit if the City Manager or designee finds that preparation of a fully-engineered Site Plan is unnecessary, and that a non-fully- engineered Site Plan would be adequate for the City Council to determine appropriateness of a use only, or if the City Engineer recommends to the City Manager or designee such waiver based on the level of disturbance or alteration of the property. If the fully-engineered Site Plan requirement is waived, a non-fully-engineered Site Plan will be required and the City Manager or designee may request information needed to review compatibility of the proposed use for City Council's consideration.
 

(i) If a Site Plan is solely for an SUP or PDD land use or amendment, and otherwise conforms and is in compliance with the requirements of § 3.5.4: Zoning and site design compliance plan (/"site plan\"), and as long as it is adequate to convey conformance with all applicable UDC requirements, convey adequacy for the proposed use, structures and development, and convey conformance with a proposed concept and/or master plan, then it does not have to meet the requirement to be a fully-engineered site plan. All other sections and requirements of the UDC will still pertain as applicable.

(ii) In lieu of a fully-engineered Site Plan, when applicable under subsection (7), [sic] a Master Plan is required in addition to the Concept Plan and images if the project includes more than two (2) buildings.
 

2. A Site Plan associated with a Specific Use Permit must conform with the following criteria:

(i) After the application is deemed complete in accordance with city intake requirements and state law,, the Planning Department will conduct a technical review of the application.

(ii) The purpose of the technical review is to determine the following criteria are met:

(1) The Site Plan and associated Specific Use Permit comply with the regulations of this UDC, the underlying zoning district, and all other applicable development regulations;

(2) The Site Plan and associated Specific Use Permit promote the goals and objectives of the Comprehensive Plan;

(3) Buildings and structures utilized in the operation of the Specific Use Permit are adequate to support the use or can be improved to support the use;

(4) The Site Plan and associated Specific Use Permit prevent or mitigate any adverse impacts, including overcrowding and congestion;

(5) The Site Plan and associated Specific Use Permit does not conflict with any requirements or standards of Article 2 or the applicant has obtained the necessary Subdivision Waiver (see subsection 2.6.1);

(6) The Site Plan conforms and is in compliance with the requirements of Section 3.5.4.
 

(iii) Use of existing building.

(1) If the Site Plan and Specific Use Permit request involves use or expansion of existing buildings or structures, the Building Official may conduct an inspection of buildings or structures to be utilized or expanded with the Specific Use Permit after the applicant submits an application for Specific Use Permit to determine the adequacy of the buildings or structures to support the proposed use and to make recommendations for improvements to the buildings or structures.

(2) The City Council may condition approval of the Site Plan with Specific Use Permit on compliance with the Building Official's recommendations, and the Building Official may withhold a Certificate of Occupancy if the buildings or structures do not comply with the conditions.
 

(iv) Public hearings required. The Planning Director will review the Site Plan according to the criteria in Subsection B above and will prepare a report to the Planning and Zoning Commission.
 

(1) The Planning Director will publish public notice and mail individual notices to property owners within 200 feet of the subject property describing the request for Site Plan associated with a Specific Use Permit according to the same requirements applicable to a zoning change request (see section 3.1.8).

(2) The Planning and Zoning Commission will conduct a public hearing, consider the report of the Planning Director, and make reccommendation to the City Council.

(3) If the Planning and Zoning Commission recommends denial of a Site Plan with associated Specific Use Permit, City Council may only approve the application by a simple majority.

(4) The City Council may, after conducting a public hearing, vote to approve, approve with conditions, or deny the Site Plan and associated Specific Use Permit.
 

D. Compatibilty conditions. See § UDC-3.5.6D for detailed information.

E. Specific use permit effect of approval.

1. By approving an SUP, the City authorizes the applicant to receive approval of a Site Plan associated with the property for which the SUP was approved and receive a Site Plan Permit, and to apply for approval of a Building Permit(s).

2. If an Applicant does not withdraw their SUP request prior to City Council approval, that shall constitute evidence of the applicant's willingness to accept and agree to be bound by and comply with the ordinance adopting the SUP, and all supporting documentation including business and operational plans, floor plans, required improvements and conditions of approval and the minimum requirements of the zoning district in which the property is located.

3. During the time the SUP remains valid, the City will not apply additional requirements concerning building placement, streets, drives, parking, landscaping, or screening, that are not otherwise required by this UDC, or required for health, safety, and welfare.

4. SUP approval is separate and distinct from other permits and approvals required by the UDC or other regulatory agencies.
 

F. Amendments to approved specific use permits.

1. An amendment to any approved SUP will be processed as a new Specific Use Permit request.

2. While the SUP is in effect, no building, premises, site, property, or land used in association with the SUP may be enlarged, modified, altered physically or structurally other than for repairs or renovations to the facade, roof, building interior, fencing, or paving that do not expand the footprint of the use, building or site, unless City Council approves a new SUP.
 

G. Specific use permit expiration.

1. Unless otherwise specified by ordinance adopted by the City Council, any SUP will expire under the following scenarios:
 

(i) If, after the SUP is granted, the applicant does not obtain a Building Permit or Certificate of Occupancy within twelve (12) months of Council approval; or

(ii) After six (6) months of continuous disuse or vacancy of the building or property associated with the SUP.
 

2. In determining whether an SUP has expired, if the applicant contests in writing to the determination, the City shall require that the property owner or applicant submit documentation showing that the building or property associated with the SUP has been occupied within the six (6) month period in question. Evidence shall be in the form of one or more utility bills showing water and electricity usage applicable to the six-month period in question, photographs, invoices for business expenses related to operation of the use, and must include sales receipts related to the use, as applicable. At their discretion, the Planning Director may accept other forms of evidence.

3. If an applicant relies upon fraudulent or misleading information in obtaining a continuation of an SUP that would otherwise have expired due to disuse, the Planning Director is authorized to revoke the SUP and the Building Official is authorized to revoke the Certificate of Occupancy from the business or property owner.

4. The applicant may request an extension or appeal the decision of the Planning Director to expire the SUP to the City Council. The City Council may establish an extension period of up to six (6) months beyond the date of its decision during which the SUP will remain valid. If the applicant does not obtain a Certificate of Occupancy within the extension period, the SUP will automatically expire. The City Council's decision shall be final.
 

H. Revocation of specific use permit approval.

1. The City Council may, upon recommendation by the Planning Director and the Planning and Zoning Commission, vote to revoke a Specific Use Permit upon finding that the business or property owner operating under the SUP has violated the requirements, standards, or conditions of the ordinance adopting the SUP or any other requirement or restriction found in this UDC.

2. As an alternative to revoking the SUP, the City Council may vote to place the business or property owner on probation for up to one (1) year, subject to such criteria as the City Council deems appropriate to ensure the legal operation of the use and the protection of the public health, safety, and welfare.

3. Unless approval for the SUP was obtained by fraud or deceit, an SUP is a zoning and land use entitlement that may only be revoked by action of the City Council.
 

I. Action by city attorney. If an SUP expires or is revoked under this Section 3.5.6 and the business or property owner continues operation or does not vacate the site, the City Attorney is authorized to obtain an injunction to prevent the business or property owner from continuing to operate. The business or property owner may be held liable for any penalties under the ordinance approving the SUP or provided under this UDC or the Bee Cave Code of Ordinances.

See Application Center for complete, detailed information on applications and permits.