Specific Use Permits in the City of Arlington
In the City of Arlington, what is commonly referred to as a Conditional Use Permit is formally designated as a Specific Use Permit (SUP). These permits allow for the development of certain land uses that are deemed compatible with adjacent properties only when specific conditions are met, and they must be approved by the Arlington City Council via a legislative ordinance [Section 10.4.6.A].
Understanding the Specific Use Permit (SUP)
A Specific Use Permit is a type of zoning amendment used by the City of Arlington to provide a means to develop certain uses in a manner that is consistent with the character of the surrounding neighborhood. The City Council has the authority to grant, deny, or impose conditions upon an SUP to ensure the public health, safety, and welfare are protected [Section 10.4.6.A].
Approval of an SUP is specific to the use listed in the application. Development or use of a property for any other use not specifically allowed by the Arlington Unified Development Code is prohibited [Section 3.1.1].
The Application Process
The City of Arlington requires a standardized procedural sequence for all Specific Use Permit applications.
1. Initiation and Filing
An application for an SUP must be submitted to the Arlington Planning and Development Services Department. The application may be initiated by the property owner, an authorized agent, the Planning and Zoning Commission, or the City Council [Section 10.3.3]. All applications must be accompanied by a reasonable fee as established by the City Council [Section 10.3.3.C].
2. Pre-Application Conference
The applicant is required to attend a pre-application meeting with City staff before the application can be accepted. This meeting is intended to coordinate the review process and discuss the proposal's compliance with the Arlington Unified Development Code [Section 10.3.4].
3. Completeness Determination
Within 10 business days of filing, the Zoning Administrator will determine if the application is complete. If it is incomplete, the applicant will receive written notice of the deficiencies. If no determination is made within 10 business days, the application is deemed complete by default [Section 10.3.5.C].
4. Public Notification
The City of Arlington requires extensive public notice before a Specific Use Permit can be considered.
Public Notice Requirements for SUPs
| Notice Type | Requirement | Timing |
|---|---|---|
| Published | Notice in an official newspaper | At least 11 days before the hearing |
| Written (Mailed) | Notice to owners within 200 feet (1,320 feet for gas wells) | At least 11 days before the hearing |
| Posted (Sign) | Signs placed on the subject property | At least 11 days before the hearing |
[Section 10.3.6 and Table 10.3-2]
The number of notification signs required to be posted on the property depends on the size of the tract:
Sign Posting Requirements
| Property Size | Minimum Number of Signs |
|---|---|
| Less than 15 acres | 1 |
| 15 – 25 acres | 2 |
| More than 25 acres | 3 |
[Table 10.3-1]
5. Special Requirement: Gas Well Drilling
If the SUP is for gas well drilling, the applicant must hold a neighborhood meeting with property owners, residents, and neighborhood associations no more than 30 days prior to the public hearing before the Planning and Zoning Commission. Notice for this meeting must be mailed to all surface owners within 600 feet of the proposed boundary and all registered neighborhood associations within one mile [Section 10.4.6.J].
6. Review and Decision
- Planning and Zoning Commission: The Commission conducts a public hearing and forwards a recommendation to approve, conditionally approve, or deny the application to the City Council [Section 10.4.6.E.1].
- City Council Action: The City Council holds a second public hearing and has the final authority to adopt the ordinance granting the SUP or to deny the request [Section 10.4.6.E.2].
Approval Criteria
The Planning and Zoning Commission and the City Council base their decisions on whether the proposed use:
- Complies with the general criteria of the Arlington Unified Development Code [Section 10.3.8].
- Complements or is compatible with surrounding uses and community facilities.
- Contributes to, enhances, or promotes the welfare of the area and adjacent properties [Section 10.4.6.F].
Expiration and Scope of Approval
An approved Specific Use Permit for uses other than gas well drilling will be cancelled and revoked if a building permit or Certificate of Occupancy is not issued within two years of the approval date. The City Council may provide for a different expiration period in the adopting ordinance [Section 10.4.6.H.3].
If the use is for gas well drilling, the SUP is cancelled if a gas well permit has not been issued and drilling has not commenced within two years [Section 10.4.6.H.3.b].
Sections Cited
- Section 3.1.1, Purpose (Use Standards)
- Section 10.3.3, Initiation
- Section 10.3.4, Pre-Application Conference
- Section 10.3.5, Completeness Determination
- Section 10.3.6, Public Notice
- Section 10.3.8, Criteria (General)
- Section 10.4.6, Specific Use Permits (SUP)