Alvarado City Zoning Code
PART VII
Administration and Enforcement
§ 42-95 Board of Adjustment.
(a)
Creation, membership and procedures.
(1)
Zoning Board of Adjustment established.
A Board of Adjustment is hereby established in accordance with the provisions of V.T.C.A., Local Government Code Section 211.008 and shall have the powers and duties as provided in said statute and this chapter.
(2)
Membership.
a.
The zoning Board of Adjustment shall consist of five members, each to be appointed by the City Council for a term of two years and removable for cause by the City Council upon written charges and after public hearing. If a member is absent for three consecutive meetings, or if the member misses more than 50 percent of the meetings in a calendar year, reasonable cause exists for the removal of the member unless the board has granted the member a leave of absence at a meeting due to illness or other good cause.
b.
Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two members, as heretofore appointed, shall serve until January 1 of even-numbered years. Thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided.
c.
The City Council may also appoint up to four alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.
(3)
Hearings.
The hearings of the board shall be public. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four members of the board.
(4)
Meetings.
Regular meetings of the board shall be held at such times as the board may determine. Special meetings of the board shall be held at the call of the chairperson or at the written request of two regular members of the board, said request to be submitted to the chairperson.
(5)
Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Secretary and shall be public record. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter, and shall furnish a copy of the same to the Zoning Administrator, all of which rules and regulations shall operate uniformly in all cases. All of its orders shall be in accordance therewith.
(b)
Jurisdiction and powers.
The Board of Adjustment shall have all powers granted by the provisions of V.T.C.A., Local Government Code Sections 211.008 through 211.011. The board may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, take the following actions:
(1)
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator or other city officer or department in the enforcement of this chapter;
(2)
Hear appeals on zoning boundary disputes;
(3)
Hear requests by a city officer, board, commission or City Council to abate, remove, limit or terminate a nonconforming use or building through expedited compliance procedures to require the discontinuance of a nonconforming use or building under a reasonable plan whereby the owner's investment in the nonconforming use or building can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter.
(4)
Permit the expansion or extension of a nonconforming use in accordance with the provisions of section 42-81.
(5)
Within the limits prescribed in section 42-82, the board may review nonconforming uses which have been abandoned or discontinued to determine whether such uses should be allowed to resume operation. Such action by the board shall consider any unnecessary hardship on the property owner if the use is discontinued and shall have due regard for the public welfare, the character of the area surrounding such use, and the conservation, preservation and protection of surrounding properties and their values;
(6)
Permit the repair or reconstruction and occupancy of a nonconforming building or a building containing a nonconforming use where the building has been destroyed in excess of 50 percent, but less than the total value as provided in section 42-83, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming building beyond what is permitted by article VI. Such action by the Board of Adjustment shall have due regard for the property rights of the person or persons affected, when considered in light of the public welfare, the character of the area surrounding such structure, and the conservation, preservation and protection of surrounding properties and their values;
(7)
Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard;
(8)
Permit variances to the development regulations in this chapter such as front yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off-street parking, off-street loading, lot area, maximum height, or other development regulations where such variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same zoning district by being of such area, shape, topography, slope or condition that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same zoning district, or where, due to special conditions:
a.
The literal enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district and would result in an unnecessary and/or unreasonable hardship;
b.
The special conditions are not the result of the applicant's actions, but are peculiar to the land, structure or building involved;
c.
The variance requested is the minimum necessary; and
d.
No special privilege is granted which is denied to other similarly situated uses.
Any variance granted shall not adversely affect adjoining property, shall not be contrary to the public interest and shall insure that the spirit of the ordinance is observed and substantial justice is done.
(9)
Approve special exception uses which are specifically authorized by this chapter. A site plan meeting the requirements of section 42-56 shall be required to be submitted with each application for a special exception. Any special exceptions authorized by the board, either under the provisions of this chapter, or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit for a period of 90 days from the date of the favorable action on the part of the Board of Adjustment, unless the board in its minutes shall, at the same time, grant a longer period. If a building permit shall not have been issued within said 90-day period or such other period as the Board of Adjustment may specifically grant, the special exceptions shall be deemed waived, and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal to said Board of Adjustment in accordance with the rules and regulations regarding appeals.
(c)
Appeals.
(1)
Except as limited for specific appeals, appeals to the Board of Adjustment can be taken by any person aggrieved or by any officer, department, or board of the municipality affected by any decision of the Zoning Administrator or any official authorized to make a decision under this chapter. Such appeal shall be taken within 15 days after the decision has been rendered by the Zoning Administrator or other official by filing with the official from whom the appeal is taken and with the City Secretary a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(2)
A written application for appeal shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings, and other data or information relevant to the appeal.
(3)
An appeal shall stay all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case proceedings may be stayed only by a restraining order granted by the Board of Adjustment or by a court of record on application after notice to the official and upon a showing of due cause.
(4)
Limitation on reapplications. When the board has denied an appeal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting or that have been expired after approval by the board, may be resubmitted at any time for hearing before the board.
(d)
Hearing.
The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing any party may appear in person or by attorney or agent. The notice provided in this section shall be given by publication in the official city publication stating the time and place of such hearing, which shall not be earlier than ten days from the day of such publication, and in addition, the Board of Adjustment shall mail notices of such hearing to the petitioner and the owners of property lying within 200 feet of any point of the lot or portion thereof, on which an appeal is taken, and to all persons deemed by the Board of Adjustment to be affected. Such owners and persons shall be determined according to the current tax rolls of the city and substantial compliance therewith shall be deemed sufficient, provided, however, that the depositing of such written notice in the mail by the Board of Adjustment shall be deemed in compliance with this section.
(e)
Decision of the board.
The board shall decide the appeal within a reasonable time. The board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken. In granting any appeal, the board may place reasonable conditions and restrictions on the property that the board deems appropriate to assure that the spirit and intent of this chapter is observed.
(f)
Vote of four members required.
The concurring vote of four members of the board is necessary to:
(1)
Reverse an order, requirement, decision or determination of an administrative official;
(2)
Decide in favor of an applicant on a matter on which the board is required to pass; or
(3)
Authorize a variation from the terms of this chapter.
(g)
Appeals to court.
Any person or persons, jointly or separately, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or board of the city may present to a court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the rendering of the decision complained of by the Board of Adjustment, and not thereafter.
(h)
Authorized special exceptions.
The following special exceptions may be permitted by the Board of Adjustment, in the district specified, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board of Adjustment may impose:
(1)
Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformity with the city comprehensive plan and present no conflict or nuisance to adjacent properties.
(2)
Permit a public utility or public service building in any zoning district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
(3)
Grant a permit for the extension of a use, height, or area regulation into an abutting district where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.
(4)
Waive or reduce the parking and loading requirements in any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(5)
Approve the location of amateur radio equipment and TV antennas (including ham radio and CB equipment but not including commercial equipment) in a residential district subject to the restrictions in this chapter.
(6)
Approve the location of satellite receive-only antennas which exceed one meter in diameter in residential districts or two meters in diameter in nonresidential districts subject to the following conditions: To receive a special exception, a satellite receive-only antenna which exceeds:
a.
One meter in diameter located in a residential zoning district; or
b.
Two meters in diameter located in a nonresidential zoning district (except governmental antennas), must comply with the following requirements:
1.
Height.
A satellite receive-only antenna shall not exceed 12 feet in height; however, satellite receive-only antennas may be placed on the roof of commercial structures if screened from public view from line of sight at ground level from the property line.
2.
Setbacks.
i.
Front and side.
Satellite receive-only antennas shall not be permitted in front or side yards;
ii.
Rear.
Satellite receive-only antennas shall be permitted in rear yards provided they meet the minimum setback as required for accessory buildings in residential districts and as for all buildings in nonresidential districts.
3.
Separation.
There shall be no minimum or maximum separation requirements for satellite receive-only antennas from other structures on the same lot of record.
4.
Satellite receive-only antennas shall not be permitted in easements.
5.
Lights.
No auxiliary or outdoor lighting shall be allowed on satellite receive-only antennas except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.
6.
Construction standards.
Except for satellite receive-only antennas installed by a governmental entity, a building permit must be obtained prior to the construction and/or installation of a satellite receive-only antenna.
7.
No part of an antenna, or any attachment thereto, may extend beyond the property lines of the owner of such antenna site.
(7)
Approve the location of telecommunications antennas and towers.
a.
Application.
To properly evaluate applications to locate telecommunications antennas or towers, the following information must be provided by the applicant, as applicable:
1.
A description of the nature of the antenna or tower site. Indicate whether the proposed structure is a monopole or lattice tower. Indicate the proposed height;
2.
Provide photos or drawings of all equipment, structures and antennas;
3.
Describe why the antenna or tower is necessary;
4.
State the name(s) of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user;
5.
Indicate if this antenna or tower site will be connected to other sites; and if so, describe how it will be connected and who will provide the backhaul network;
6.
The applicant must address whether an effort has been made to co-locate the facility proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of existing sites. Describe in detail efforts made and explain in detail why existing site were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators which confirm the statements provided. Indicate whether or not the existing sites allow or promote co-location and, if not, describe why not;
7.
Indicate whether or not co-location will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason;
8.
If the requested location is in a residential district the applicant must address whether an effort has been made to locate the facility in a commercial or industrial district. Identify the location of the commercial and/or industrial district sites. Describe in detail efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from commercial or industrial district sites' owners and/or operators which confirm the statements provided;
9.
Indicate the applicant's current coverage area for the city. Attach maps showing the areas the applicant's existing antennas currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover;
10.
Describe the applicant's master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan;
11.
Describe the applicant's plan to minimize the number of telecommunications towers need to cover the city.
b.
Conditions of approval.
The Board of Adjustment will approve a requested application for a special exception to locate a telecommunications antenna or tower subject to the finding that co-location of this facility with a nearby existing antenna facility is not feasible and subject to the following conditions:
1.
Applicant will permit co-location of others at the site;
2.
Applicant will configure its antenna and other equipment to accommodate other providers;
3.
Applicant will identify its backhaul network connecting antenna sites;
4.
Applicant will give notice to the city identifying any providers who co-locate on the site and identify their backhaul network; and
5.
Applicant shall meet the height, area, separation, and other requirements as listed in section 42-45.
c.
Written report upon denial of request.
The city shall document any denial of a request to place, construct, or modify personal wireless service facilities in writing, stating the reason for denial and indicating substantial evidence that supports the denial.
d.
Abandoned antenna facilities.
Any antenna or antenna facility that is not operated for a continuous period of 12 months shall be considered abandoned and the owner shall remove it within 90 days of receipt of notice from the city.
(8)
To grant a permit for the extension of a use, height or area regulation into an abutting district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.
(9)
To waive or reduce the parking and loading requirements in any of the districts, when:
a.
The character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or
b.
When such regulations would impose an unreasonable hardship upon the use of the lot.
The board shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.
(i)
Limitations on jurisdiction.
(1)
The board shall have no authority to change any provisions of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more or less restrictive zone.
(2)
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, that such questions shall be presented to the board only on appeal from the decision of the Zoning Administrator and that recourse from the decisions of the zoning Board of Adjustment shall be to the courts as provided by the laws of the state.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-96 Changes and amendments.
(a)
Authority to amend.
The City Council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of this chapter and any change in the classification or boundaries of the zoning districts, may be initiated by the Planning and Zoning Commission, the City Council, or may be requested by the owner of real property or the authorized representative of an owner of real property.
(b)
Application for rezoning.
(1)
Each application by a property owner for rezoning or an application for a specific use permit shall include a signed, notarized statement of ownership of the property in the following format:
The undersigned hereby, on oath, states that he or she is the record owner of the property for which this application is made. | |
________________________ | |
Name | |
Sworn to and subscribed before me on this _____ day of _____, 20_____, by the person whose signature appears directly above. | |
{SEAL} | |
________________________ | |
Notary Public in and for the State of Texas | |
Upon filing of an application for an amendment to the zoning ordinance or a change in the classification or boundaries of a zoning district map, the Planning and Zoning Commission shall call a public hearing on said application. | |
(2)
For changes to a zoning classification or district boundary, written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than 11 days before the date of such hearing, to all such owners who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located outside the city limits or in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least 16 days before the time of hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
(3)
If, at the conclusion of the hearing, the Planning and Zoning Commission recommends amendment of this chapter to the City Council, said recommendation shall be by resolution of the Planning and Zoning Commission carried by the affirmative votes of not less than a majority of the members present and voting. A copy of any recommended amendment shall be submitted to the City Council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.
(4)
If, after public hearing, the Planning and Zoning Commission recommends denial of an application, the applicant may appeal said determination to the City Council by filing a written notice of appeal with the city clerk within ten days after the determination of the Planning and Zoning Commission.
(5)
The Planning and Zoning Commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied without prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refiling. If the Planning and Zoning Commission recommends denial with prejudice, if it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.
(c)
Action by City Council.
(1)
If the Planning and Zoning Commission has recommended approval of an application or if the Planning and Zoning Commission has recommended denial of an application and a notice of appeal has been filed pursuant to subsection (b), the City Council shall set said application for public hearing and shall give notice of the time and place of the hearing by publication one time in the official newspaper at least 16 days prior to such hearing.
(2)
If the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be disapproved, the City Council may refuse to adopt the amendment by a simple majority vote of the councilmembers present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the Planning and Zoning Commission, the amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(3)
When the Planning and Zoning Commission has recommended to the City Council that a proposed amendment be approved, the City Council may either approve or disapprove the petition or application for amendment by a simple majority vote of the City Councilmen present and voting. In the event of a tie vote of the City Councilmen present and voting, the Mayor may cast the deciding vote.
(4)
In the case of a protest against an amendment to the ordinance signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.
(5)
In making its determination, the City Council shall consider the following factors:
a.
Whether the use permitted by the proposed change will be appropriate in the immediate area concerned and its relationship to the general area and the city as a whole.
b.
Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area.
c.
The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such vacant land unsuitable for development.
d.
The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
e.
The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.
f.
Any other factors which will substantially affect the public health, safety, morals or general welfare.
(6)
In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the City Council shall further consider whether said application shall be denied with or without prejudice against refiling. If the City Council shall deny the application and fail to clearly state the same is being denied without prejudice, then it shall be deemed that said application is being denied with prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or a part of the subject tract of land for a period of one year from the date of denial by the City Council unless the new application is substantially different, as determined by the City Council. If it is determined by the City Council that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.
(d)
Changes in zoning regulations.
Amendments to this zoning chapter not involving a particular property but involving a change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing before the City Council shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, at least 16 days prior to the date of the hearing.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-97 Fees, charges, and expenses.
(a)
Establishment of schedule of fees.
The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, applications, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the City Secretary and may be altered or amended only by the City Council.
(b)
Fee payment required.
Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-98 Violations, penalties, and enforcement.
(a)
Fines.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be fined not more than $2,000.00 for each offense. Each day that a violation exists shall constitute a separate offense. The penalty should not be construed as exclusive, and the city hereby provides that any other remedy available to it, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty.
(b)
Enforcement.
The provisions of this chapter shall be enforced by the City Manager or his duly authorized representatives. The City Manager's authorized representatives shall have the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the enforcement of this chapter.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-99 Injunction.
The city shall have and retain the right for injunctive relief against any person, firm, or corporation who is in the process of or about to violate any section, paragraph, or part of this chapter; such right for injunctive relief shall exist independent of the other penalty provisions of this chapter and not in lieu thereof. The right of injunctive relief is essential to the city in order that it may maintain an orderly and properly planned control over all land uses, thus protecting the health, morals, safety, and wellbeing of the citizens and halting any attempt by any person, firm, or corporation to inflict temporary or permanent injury on the general public by a failure to comply with the terms of this chapter.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-100 Planning and Zoning Commission.
(a)
Organization and appointment.
There is hereby created a Planning and Zoning Commission which shall be organized, appointed, and function as follows:
(1)
Membership.
The Planning and Zoning Commission shall consist of five members who are residents of the city or its extraterritorial jurisdiction, each to be appointed by the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Appointees shall fill positions which shall be designated by place numbers (e.g., place 1, place 2, etc.). Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The City Council may appoint two alternate members of the Planning and Zoning Commission who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the Planning and Zoning Commission. If a member is absent for three consecutive meetings, or if the member misses more than 50% of the meetings in a calendar year, the member's office is considered vacant unless the member is sick or has first obtained a leave of absence at a meeting.
(2)
Terms.
The terms of members filling places 1, 3, and 5 shall expire on June 30th of each odd-numbered year and the terms of members filling places 2 and 4 shall expire on June 30th of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no member shall be appointed for a term in excess of two years. Newly-appointed members shall be installed at the first regular commission meeting after their appointment.
(3)
Organization.
The commission shall hold an organizational meeting in July of each year. The commission shall meet regularly and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this ordinance and the requirements of law. The Planning and Zoning Commission shall elect a chairman from its own membership at its annual organizational meeting.
(4)
Quorum and compensation.
A quorum for the conduct of business shall consist of three members and/or alternate members of the commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.
(b)
Duties and authority.
The Planning and Zoning Commission is hereby charged with the duty and invested with the authority to:
(1)
Formulate and recommend to the City Council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.
(2)
Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the City Council relating to the creation, amendment, and implementation of zoning regulations and districts as authorized under state law.
(3)
Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law.
(4)
Study and recommend the location, extension, and planning of public rights-of-way, parks, or other public places, and on the vacating or closing of same.
(5)
Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances.
(6)
Initiate, in the name of the city, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on an area-wide basis.
(7)
Formulate and recommend to the City Council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.
(8)
Submit each May a progress report to the City Council summarizing its activities for the past year and a proposed work program for the coming year.
(Ordinance 2026-0006 adopted 4/20/2026)
§ 42-101 Occupancy permits (or certificates of occupancy).
(a)
Required.
An occupancy permit (CO) shall be required in the city limits of the City of Alvarado:
(1)
Prior to the occupancy and use of any and all buildings or real property, and
(2)
To update a change of use of any and all buildings or real property, and
(3)
To lessen or expand space occupied, and
(4)
To update a change of real property ownership, and
(5)
To update a change of business name, and
(6)
To update a change of property management, and
(7)
Prior to connection of temporary utility service for the purpose of cleanup, property improvements or alterations (90-day clean and show).
(b)
Procedures and requirements established.
The procedures and requirements set out in this chapter shall be established for the approval and issuance of occupancy permits.
(c)
Application requirements.
(1)
An application for an occupancy permit (CO) shall be submitted prior to the intended occupancy of the premises.
(2)
The following information shall be provided by the applicant. If this information is not provided, the application will be considered incomplete and will not be processed.
a.
The name, address, and phone number of the applicant.
b.
The name and address of the property owner and the property owner's phone number.
c.
The name, address, and phone number of the business owner.
d.
The name of the occupant.
e.
Full disclosure of the intended use of the building and/or property.
f.
The address and/or legal description of the property for which the occupancy permit is being requested.
g.
The square footage of the building.
h.
The number of employees per shift.
i.
Chemicals used under SARA title III.[1]
[1]
Editor's note-See 42 U.S.C. § 11001 et seq.
j.
Certification by signature on the application that the applicant will not, nor will they permit any other person or persons to, use the described property for any other purpose than that stated on the occupancy permit and that the use of the property will be in conformance with all applicable city ordinances and state, federal and county law.
k.
Retail sales permit, if required under state law.
l.
Certificate of Occupancy Questionnaire provided with the CO application.
m.
Floor plan with all rooms labeled and dimensioned with equipment/seating layout.
n.
Building suite layout if part of a multi-tenant building.
o.
Title survey, as-built survey, improvement surveyor, or site plan.
(3)
Each occupancy permit (CO) application shall be accompanied by a fee as provided for in the city adopted fee schedule.
(4)
The date of acceptance of the application will be the date on which the Building Official or his appointee determines that the application is complete, and the requirements of the zoning district are met as determined by the Community Development Director.
(d)
Temporary utility service.
The connection of temporary utility service for the purpose of cleanup, property improvements or alterations (clean and show) may be authorized by the Building Official or his appointee, for a 90-day period beginning with the date of acceptance of the application.
(e)
Administrative review of application; inspections.
(1)
Review of application.
On or after the date of acceptance of the application, the application will be reviewed by the Community Development Director and the Building Official or his appointee, to ensure compliance with applicable zoning ordinances and building codes. Other city departments or state, federal or county agencies may be asked to review the application, as warranted by the nature of the business or type of occupancy for which application is made.
(2)
Inspections.
The city fire and building safety departments shall be provided access to the property for a physical inspection of the premises to assure adherence to the requirements of the International Fire Code and the International Building Code and associated trade codes. Access to the property for a physical inspection of the premises shall be given to the city's third-party health department provider, the city police department, and any other city department, or state, federal or county agency, if such inspections are warranted by the nature of the business or type of occupancy for which application is made.
(3)
Failure to make premises available for inspection.
It is the responsibility of the applicant to make the premises available for inspection during regular working hours by all applicable departments or agencies. Failure to do so within 30 calendar days of the date of acceptance of the application will result in the voiding of the application. A new application will need to be submitted along with the applicable fee provided for in the city adopted fee schedule.
(4)
Proof of valid permits, licenses and certificates.
The applicant must have all federal, state, county and city permits, licenses, and/or certificates that pertain to the use stated in the occupancy permit (CO) application.
(5)
Failure to pass inspections.
If the building or structure does not pass all applicable inspections for what the applicant is applying for, an occupancy permit will not be issued.
(f)
Extension of application period.
Upon authorization by the Building Official or his appointee, and for good cause shown, the application for an occupancy permit (CO) and temporary services may be continued for an additional 30 days beyond the original date of acceptance of the application while compliance is sought.
(g)
Issuance.
An occupancy permit (CO) will be issued to the applicant by the Building Official or his appointee when all of the requirements of this ordinance, and any other city, state, county or federal requirements which pertain to the use of the property for which application has been made, have been met.
(h)
Existing occupancy permits.
Valid occupancy permits issued prior to the effective date of the ordinance codified in this chapter will remain in effect until such time as the use of the property for which the permit was issued ceases to operate, or there is a change of ownership of the business, or a change in use. Subsequent occupancy permits will not be issued until the requirements of this ordinance are met. Occupancy permits issued prior to the effective date of the ordinance codified in this ordinance which are found to be invalid are subject to revocation.
(i)
Revocation.
(1)
The Building Official or his appointee may, in writing, suspend or revoke an occupancy permit (CO) whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or any portion thereof is in violation of any ordinance or regulation. Occupancy permits which are subject to revocation under the terms of this subsection are invalid occupancy permits.
(2)
A decision by the Building Official or his appointee to revoke an occupancy permit (CO) because it was issued in error may be appealed to the City Council.
(j)
Posting.
The certificate of occupancy shall be posted in a conspicuous place on the premises at or near the front entrance of the building.
(k)
Denial of permit and city services.
If all the provisions of this ordinance are not met, an occupancy permit (CO) will not be issued and city services, such as, but not limited to, water, sewer, and sanitation, will not be permitted to be used on or connected to the premises.
(Ordinance 2026-0006 adopted 4/20/2026)
