Application and Procedure:
(1) Upon receipt of an application for a Conditional Use Permit by the Town Council, such application shall be referred to the Zoning Commission for investigation as to the effect of the proposed location and character of the Conditional Use on the Master Town Plan for the Town of Shady Shores, Texas. Application for a Conditional Use Permit does not constitute an authorization or an assurance that the use will be permitted. Each Conditional Use Permit must be evaluated as to its probable effect on the adjacent properties and the Community welfare and may be approved or denied as the findings indicate appropriate. Each Conditional Use Permit must be granted by the Town Council by separate ordinance.
(2) At the public hearing according to the law, The Zoning Commission shall report its recommendations to the Town Council, and if such report is favorable toward the application, the Town Council may, after public notice and hearing according to law, grant such Conditional Use Permit, including therein such specific conditions of use as the Zoning Commission may deem essential to preserve the integrity of the Master Town Plan, and such additional special conditions as the Town Council may deem essential to protect neighboring property.
(3) A Conditional Use Permit shall be granted by the Town Council with or without a favorable report from the Zoning Commission as long as the council shall find from the evidence submitted that such conditional use:
(A) Is consistent with the spirit, purpose and intent of these Ordinances
(B) Will not substantially and permanently injure the appropriate use of neighboring property; and
(C) Will substantially serve the public convenience and welfare.
Violation of Conditions:
Violation of any of the conditions contained in a Conditional Use Permit by any person, association of persons, firm or corporation using or occupying property under such permit shall constitute a violation of this Article, and any such violation shall be punishable as provided in Penalty for Violations, Article 4.4. and/or the revocation of the Conditional Use Permit.
Discontinuance of Conditional Use:
Upon the discontinuance of a conditional use on any property, the uses then permitted by
§ 3.2.001(a) Uses Permitted: shall apply as if such permit had not been issued.