Andrews, TX Zoning Ordinance

Andrews City Zoning Code

ARTICLE II

ADMINISTRATION

§ 66-61 Created; composition.

There is hereby created a planning and zoning commission consisting of five members. The members shall be resident citizens, taxpayers and qualified voters of the city, each to be appointed by the mayor subject to approval by a majority of the city council for a term of two years and removal for cause by the appointing authority upon written charges and after public hearing. The commission shall also serve as the board of adjustment. Vacancies shall be filled by appointment by the original appointing authority of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause.

(b)

There are hereby created two positions, in addition to those five positions heretofore created, for membership to the zoning board. The positions shall be held by two citizens of the city, appointed by the city council. Such persons shall serve as alternates to the zoning board and shall have the right to attend all meetings of the zoning board the same as regular members and shall have the right to vote if a regular member is absent from the meeting. The terms of the alternate members, their duties, and all other rules and regulations for them shall be the same as if they were regular members of the zoning board, except they shall serve only as alternates in the absence of a regular member of the zoning board.

Editor’s note–At the request of the city, subsection 66-61(a) was amended to include a line omitted from Ordinance 152, sec. 1, adopted May 1956.

(Ordinance 152, sec. 1, adopted 5/-/56)

§ 66-62 Vacancies.

A vacancy shall occur by operation of law and of this chapter as to any position on the planning and zoning commission occupied by a member thereof if such member is absent from three consecutive regularly scheduled meetings of the zoning and planning commission. Such vacancy shall be filled as provided in this division.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-63 Responsibilities of city secretary and building official.

(a)

The city secretary or other authorized representative shall act as secretary for the planning and zoning commission and shall keep a record of meeting minutes, mail notices and keep a record thereof when required.

(b)

The building official shall keep a file of applications, permits and compliance certifications. The building official or other authorized representatives shall make the necessary inspections to determine compliance with this chapter.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-64 Rules of procedure.

The planning and zoning commission may adopt rules to govern its proceedings; provided, however, that such rules are in compliance with this chapter. Meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the commission shall be open to the public.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-65 Minutes and records.

The planning and zoning commission 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 commission and shall be a public record.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-66 Powers and duties.

The planning and zoning commission shall have the power and duty to:

(1)

Approve subdivision plans of land located within the city limits or within the extraterritorial jurisdiction of the city in conformance with the provisions of the city subdivision regulations in chapter 62.

(2)

Hear and recommend to the city council for action amendments, supplements or changes in the boundaries of the districts or the regulations established by this chapter pursuant to the procedures set forth in division 7 of this article.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-67 Advisory opinions.

The zoning board, by minute action, has adopted various advisory opinions which are set out in this section. These board interpretations and policies are to be considered as guidelines for conformance with the zoning ordinances.

BOARD INTERPRETATIONS AND POLICIES
5/5/66.	Staff assistance to citizens.
It is the recommendation of the zoning board of adjustment that the city manager and his staff should advise applicants in zoning cases of their rights and that such staff should give them every consideration that their administrative positions have made available to them.
2/26/68.	Accessory building; corner lot–Ten feet.
Interpretation of the zoning ordinance, pertaining to the location of accessory buildings in relation to the side lot property line on corner lots, as stated in Item 3, Paragraph (b), Section 21, was made interpretating that on corner lots, accessory buildings must be located a minimum of ten feet from the side lot line next to the side street.
2/26/68.	Parking of mobile homes–Policy on nonconforming.
The following policy is adopted regarding the nonconforming use of land for the parking of mobile homes: Mobile homes existing on location other than general residence, prior to the adoption of the zoning ordinance are legally nonconforming. If the mobile home is removed from the nonconforming location and is not replaced by another mobile home on the same location within six months, the legal nonconforming use of the location to park a mobile home shall expire. This policy shall not affect or amend the provisions under temporary permits or specific use permits for trailer parks.
5/29/68.	Trailer park size.
The board made the following interpretation: Any property that had, as of May 29, 1968, utilities installed for three or more mobile homes, shall be considered a trailer park.
7/22/68.	Policy accessory building on common lot line.
Where it is agreeable, in writing, to both owners of a common property line, and both fence and accessory building are of noncombustible material, the three foot setback shall not be required.
7/22/68.	Enclose or enlarge nonconforming structures.
The board requires that from this date forward (7-22-1968) permission to enclose or enlarge any nonconforming structure must be approved by the planning and zoning board, after the usual procedure for public hearing.
2/12/69.	Local retail–Fence at alley.
The board discussed fences in local retail zone and gave an opinion that in local retail zone that extended to alley, no fence was necessary.
2/27/69.	Local retail–Side yard.
Opinion of the board: On a corner lot zoned local retail, no side yard setback is required on the street side.
12/29/69.	Drive-in eating establishments–Specific use.
The board recommends to the city council that drive-in eating establishments be zoned as specific use permits. Definition: A business that utilizes carhops or outside service window.
5/5/71.	Prior discussion of cases.
If an applicant asks the staff who the board members are, the staff should provide the information and should tactfully advise zoning applicants that the board members do not discuss cases prior to the meetings.
6/26/72.	Appeal decision to city council.
It was requested that any time a decision of the zoning board is appealed to the city council, the zoning board members be notified of the appeal so that the city council can hear both sides of the issue.
7/13/72.	Applicant’s appearance at meeting.
An applicant musts be present at the hearing in person, or by a representative. If the applicant is not represented, his case will be tabled. The staff is instructed to notify each applicant by letter when the hearing is to be held and the policy of this board.
4/14/75.	Meeting date of board.
The zoning board will meet the first and third Thursday of each month in regular session. Emergency called meetings are approved if necessary.
6/4/81.	[Mini-storage warehouse.]
Mini-storage warehouses are an allowable use in Central Business District (Section 14A-13).
6/4/81.	[Concrete mixing facilities.]
Concrete mixing facilities are an allowable in “General Commercial” zone.
6/18/81.	[Mini-warehouses.]
Mini-warehouses are defined as rental storage buildings consisting of a minimum of 3 units with a maximum size of 12' × 24'.
4/18/85.	[Board meeting–Third Thursday.]
The zoning board will meet the third Thursday only of each month in regular session. Emergency called meetings are approved if necessary.
1/22/90.	[Board meeting–Third Monday.]
The zoning board will meet the third Monday only of each month in regular session. Narrative description of the project and a preliminary site development drawing. This information will be available to the public.
11/20/95.	Regarding application for specific use permit.
At the time of application for a specific use permit, the applicant must provide a narrative description of the project and a preliminary site development drawing. This information will be available to the public.
2/19/96.	Drive-in restaurants vs drive-up windows.
The board determined that drive-up windows will not be considered a drive-in restaurant which requires a specific use permit.
Drive-in restaurant is a restaurant that has outside service with waitresses taking orders from cars and/or delivering food.
Drive-up windows that utilize the public right-of-way in the approach lane must present development plans to the planning and zoning commission prior to obtaining a building permit.
Exiting drive-up establishments on this date are grandfathered.
3/18/96.	Application deadline for board of adjustment and zone cases.
In order to allow necessary time for the preparation and publication of the Public Hearing, applications for Zoning cases or Board of Adjustment cases must be completed by the 20th day before the date of the zoning commission meeting. Application made after that date will be scheduled for the next month’s meeting.
(RESERVED FOR FUTURE EXPANSION)
CUSTOMARY HOME OCCUPATIONS
6/21/93
The board discussed the definition and uses under customary home occupations clause of the zoning ordinance. It was decided to specifically state those occupations which would be allowed as C.H.O. and those occupations which specifically were not permitted as C.H.O. When a new occupation is presented, the board will discuss which category the occupation belongs in. The advertising restrictions of C.H.O. were also discussed. It was decided that the sign on the premises must be placed flat against the building or in the window and must be a maximum of one square foot total area. Normal classified ads in the newspaper and business cards are permissible, but commercial style newspaper, radio advertising or advertising signs off the premises is not permissible for C.H.O. Future discussions of C.H.O. are scheduled for the next meeting of the board.
The following uses are permitted as customary home occupations, subject to the ordinance limitations:
1.	Ironing;
2.	Babysitting (Not more than three children who reside outside the home and a total of no more than six including children residing in the home); (6-21-1993) See Child Care Provisions of 1993.
3.	Seamstress (Labor only–no sales of material);
4.	Garage sales (No more than three days per month);
5.	Facial massage; (11-26-1974)
6.	Bookkeeping; (adopted 1/2/75)
7.	Income tax preparation;
8.	Hobby greenhouse with restrictions as follows: (1) life tenancy of current owner, (2) no additional employees, (3) classified advertising three days per month only, (4) greenhouse product sales only; (6/3/76)
9.	Tutoring–Three students, three days per week (M.W.F.); (10-18-1979)
10.	Cake baking, corsage making and flower arranging; (7-20-1992)
11.	Nail technicians (manicure-pedicure-sculptured nails); (2-22-1993)
12.	Desk top publishing (printing service-business cards, greeting cards, etc.); (6-19-1995)
The following uses are NOT allowed as customary home occupations:
1.	Beauty shops;
2.	Barbershops;
3.	Plumbing work;
4.	Electrical work;
5.	Collection agency; (1-2-1975)
6.	Employment agency; (1-2-1975)
7.	Book shop; (11-6-1975)
8.	Gift shop;
9.	Shoe and boot repair; (1-18-1979)
10.	Animal grooming and keeping; (8-10-1971) Reaffirmed (4-21-1988)
11.	Electronic appliance repair (T.V., VCR, Microwaves); (3-16-1992)
12.	Tanning salon. (6-21-1993)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-91 Administrative review.

(a)

The board of adjustment shall have the power and duty to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building official in the enforcement of this chapter.

(b)

Any person aggrieved or any official or department of the city council affected by any decision or judgment of the building official concerning interpretation or administration of this chapter may appeal such decision or judgment to the board of adjustment. Such appeals shall be taken within a reasonable time, not to exceed ten days or such other period as may be provided by the rules of the board by filing with the building official and with the board of adjustment a notice of appeal accompanied by a fee as established by the city council specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the appeal within a reasonable time. At the hearing any party may appear in person or by agent or attorney.

(d)

An appeal stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal is filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the building official from whom the appeal is taken and on due cause shown.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-92 Procedures for granting exceptions or temporary use permits.

(a)

The board of adjustment shall have the power and duty to:

(1)

Hear and decide such exceptions or temporary use permits as the board of adjustment is specifically authorized to pass on by the terms of this chapter;

(2)

Decide such questions as are involved in determining whether exceptions should be granted; and

(3)

Grant exceptions with such conditions and safeguards as are appropriate under this chapter or deny exceptions when not in harmony with the purpose and intent of this chapter.

(b)

An exception or temporary use permit shall not be granted by the board of adjustment unless and until:

(1)

A written application for an exception together with the fee is submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, indicating the section of this chapter under which the exception is sought and stating the grounds on which it is requested.

(2)

Notice shall be given of such public hearing to the owner of the property for which the exception is sought or his agent and to all owners of real property lying within 200 feet of the subject property, such notice to be given not less than ten days before the date set for 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 notice properly addressed and postage paid, via regular United States mail. Notice of the time and place of such hearing shall also be given by one publication in the official newspaper at least ten days prior to such hearing. Failure of owners to receive notice of the hearing shall in no way affect the validity of the action taken. The notice by publication in a newspaper with respect to temporary use permits on mobile homes shall not be required.

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

(4)

The board of adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the exception and that the granting of the exception will not adversely affect the public interest.

(c)

In granting any exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this chapter and punishable as provided in section 1-13. The board of adjustment shall prescribe a time limit within which the action for which the exception is required shall be begun or completed or both. Failure to begin or complete, or both, such action within the time limit set shall void the exception.

(d)

When, in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations established in this chapter:

(1)

Permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on the lot occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use.

(2)

Permit such modifications of the height, yard area, and parking regulations as may be necessary to secure appropriate development of a parcel of land of such restricted area and shape that it cannot be appropriately developed without such modification.

(3)

Require the discontinuance of nonconforming uses under any plan whereby the full value of the structure can be amortized within 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. It is the declared purpose of this chapter that nonconforming uses be eliminated and be required to conform to the regulations prescribed in this chapter, having due regard for the property rights of the person affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation, or maintenance of any nonconforming use with the city.

(e)

After the public hearing held pursuant to this section, the board of adjustment may issue a temporary permit to park and occupy a mobile home in a district other than the residential or general commercial district. Any such temporary permit shall be subject to the following:

(1)

A maximum of one mobile home may be permitted on any single lot.

(2)

The permit shall be valid for a maximum of one year. At the expiration date the mobile home must be removed from the lot or application must be made for another permit.

(3)

The permit shall be valid only for the applicant and shall not be transferable.

(4)

The board of adjustment may specify any other conditions deemed necessary to protect the welfare of the adjacent property.

(f)

Temporary business booths.

After a public hearing, the board of adjustment may issue a temporary use permit to move in and occupy small stands, huts, booths, etc. Temporary business booths must comply with the following criteria:

(1)

The temporary use permit will be valid for a maximum of one year, and the application must be made by the stand owner and the property owner. The permit is not transferable to another stand owner. The permit is not transferable to another location.

(2)

The temporary business booth must be located in one of the following zoning districts: local retail, central business, general commercial.

(3)

The maximum size shall be 120 square feet, exterior dimensions, and the maximum height shall be ten feet.

(4)

There shall be a ten-foot setback requirement from side and rear property lines, and a 25-foot setback requirement from the front property line. The zoning board will review the location of the structure and may require it to be placed to prevent traffic hazards.

(5)

The structure must be located a minimum of ten feet away from any other structure.

(6)

The temporary structure must be properly tied down using mobile home tiedown guidelines, unless the structure is in the form of a trailer or vehicle and is being moved from the location within a 72-hour period.

(7)

The structure must comply with the National Electrical Code. In fire zones, electricity must be placed in conduit.

(8)

The owner must maintain the physical appearance of the stand as well as the grounds.

(9)

If food is going to be sold, the operator must be inspected by the department of health and properly permitted prior to final approval of the operation.

(10)

Nonprofit schools, community or civic groups who operate no more than four consecutive days and no more than ten days annually are not required to formally apply for a temporary use permit. Such groups shall register with the building official prior to operation and shall comply with the criteria contained in subsections (f)(2), (4), (5), (8) and (9) of this section.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-93 Conditions governing applications and procedures for variances.

(a)

The board of adjustment shall have the power and duty to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board of adjustment unless and until:

(1)

A written application for the variance, together with the fee, is submitted, accompanied by an accurate legal description, maps, site plan, drawings, and any necessary data, demonstrating:

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

That the special conditions and circumstances do not result from the actions of the applicant.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

Notice of the public hearing shall be given as provided in section 66-92(b)(2).

(3)

The public hearing shall be held. Any party may appear in person or by agent or by attorney.

(4)

The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met.

(5)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(b)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards. When made a part of the terms under which the variance is granted, failure to comply with the conditions and safeguards shall be deemed a violation of this chapter and punishable under section 1-13.

(c)

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in the district.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-94 Decisions.

(a)

In exercising the powers mentioned in sections 66-91 through 66-93, the board of adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

(b)

The concurring vote of three of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-95 Additional powers and duties granted by state.

In addition to the powers, duties and responsibilities of the board of adjustment in this division and notwithstanding any of the provisions in regard thereto as provided, it shall have the powers as provided by the Acts of 1959, 56th Legislature, page 545, chapter 244, sec. 1, as amended by the Acts of 1961, 57th Legislature, page 687, chapter 322, sec. 1, Vernon’s Ann. Civ. St. art. 1011g, and such other powers and duties as may be prescribed by the legislature from time to time.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-96 Conflict with state laws.

Should any provision of this chapter pertaining to the powers, duties and responsibilities of the board of adjustment be held to be in conflict with the powers, duties and responsibilities of the board of adjustment as provided by the laws of the state, notwithstanding the provisions of this chapter the laws of the state pertaining to such powers, duties and responsibilities of the board of adjustment as duly enacted by the state legislature shall control.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-97 Appeals from board.

Any person, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department or board of the city shall first present such matter to the city council. If the relief sought is not granted, the person so aggrieved may then present to a court of record a petition, duly verified, setting forth that such a decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-121 Issuance for certain types of uses.

The city council, after public hearing and proper notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the issuance of specific use permits for the following types of uses in the following districts:

(1)

Airport or landing field in any district.

(2)

Radio and television broadcasting towers and transmitting stations in any district.

(3)

Hospitals, convalescent homes, or institutions of a religious, education, or philanthropic nature in any district.

(4)

Homes for the insane, alcoholic, feeble-minded, or narcotic patients in any district on a site of five acres or more.

(5)

Mobile home parks in any district.

(6)

Rock quarries and sand, gravel, and caliche excavations in any district.

(7)

Mortuaries in the single-family district.

(8)

Drive-in restaurants.

(9)

Apartments.

(10)

Private clubs. See Ordinance 963 which is on file in the city secretary’s office. Not allowed in residential district.

(11)

Townhouses.

(12)

Reserved.

(13)

Such other uses as the city council may deem proper or necessary.

(Ordinance 1619, sec. II, adopted 11/8/18; Ordinance 1701 adopted 3/24/2022; Ordinance 1735 adopted 5/11/2023)

§ 66-122 Development standards and safeguards.

In authorizing the location of any of the uses listed as requiring specific use permits as provided in section 66-121, the city council may impose such development standards and safeguards as the conditions and location indicate are important to the welfare and protection of the adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosions, glare, offensive view, or other undesirable or hazardous conditions.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-123 Temporary use permit for day care centers.

All day care centers in residential zones shall be required to obtain from the city a temporary use permit. For the issuance of such permit, the fee for the original application and for each renewal thereof are on file in the city secretary’s office. The temporary use permit shall be granted only for a period of one year. Thereafter the owner of any such day care center may reapply for a temporary use permit following the same procedure for the issuance of the original permit. All owners of property located within 200 feet of the property on which the day care center is located must be notified by letter that an application is pending for the operation of a day care center. If any protest is received, a hearing shall be conducted before the zoning board of adjustment, which board shall make a decision regarding the issuance or nonissuance of such temporary use permit. A temporary use permit cannot be transferable and is valid only for the person applying for and being issued the permit and for the use upon the particular property originally involved.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-151 Definitions.

Any use of property that does not conform to the regulations prescribed in this chapter and which shall have been in existence prior to the adoption of the ordinance from which this chapter is derived shall be called a nonconforming use. Any use that may have become nonconforming since that date through amendment to this chapter or annexation and is not a violation of the ordinance shall also be considered a nonconforming use.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-152 Continuation.

Any nonconforming use of land or structures may be continued for definite periods of time and subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the nonconforming use. The board of adjustment may grant a change of occupancy for one nonconforming use to another, providing the use is within the same or higher classification as the original nonconforming use. If a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use, and such prior less restrictive classification shall be considered to have been abandoned.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-153 Effect of destruction or partial destruction.

If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this chapter. If partial destruction of a nonconforming use not exceeding 50 percent of its reasonable value occurs, reconstruction will be permitted, but the size of function of the nonconforming use cannot be expanded.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-181 Required; issuance.

After the effective date of the ordinance from which this chapter is derived, no building erected, converted, or structurally altered shall be used, occupied, or changed in use and no land may be used until a certificate of occupancy and compliance shall have been issued by the building official stating that the building or proposed use of land or building complies with the provisions of this chapter and other building laws of the city.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-182 Application.

A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit and will be issued within ten days after the completion of the erection, alteration, or conversion of such building or land, provided such construction or change has been made in complete conformity to the provisions of this chapter. All existing or created nonconforming uses shall obtain certificates of occupancy within 18 months of the effective date of the ordinance from which this chapter is derived. An occupancy permit shall be considered evidence of the legal existence of a nonconforming use as contrasted to an illegal use and violation of this chapter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-183 Record.

A record of all certificates of occupancy shall be maintained on file in the office of the building official, and copies shall be furnished on request to any person having a property or tenancy interest in the building or land affected.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-211 Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-212 Application.

(a)

Initiation.

Amendment may be initiated by the city council or the planning and zoning commission or by application of one or more owners of property affected by the proposed amendment.

(b)

Application fee.

Each application by a property owner shall be accompanied by a fee, as established by the city council, to cover administrative and processing costs. If the application receives an unfavorable recommendation from the planning and zoning commission after public hearing and is not appealed to the city council within ten days of such recommendations or if the applicant withdraws his application prior to publication of the public hearing by the city council, half of the fee will be refunded.

(c)

Accompanying data.

An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to illustrate the proposed amendment.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-213 Public hearing before planning and zoning commission.

(a)

Generally.

Upon filing of the application pursuant to this division, the planning and zoning commission shall call a public hearing on the application as provided in this section.

(b)

Notice when application made by property owner.

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 shall be given not less than ten days before the date set for the 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 notice, 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 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 ten days before the time of the hearing. Failure of owners to receive notice of the hearing shall in no way affect the validity of action taken.

(c)

Notice when amendment requested by city council or planning and zoning commission.

Notice of such hearing when the amendment is requested by the city council or by the planning and zoning commission shall be given by publication three times in the official publication of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the first date of publication.

(d)

Action by planning and zoning commission at conclusion of hearing.

If, at the conclusion of the hearing, the planning and zoning commission decides to recommend amendment of this chapter to the city council, the recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, a summary of the hearing and any other pertinent data.

(e)

Appeal of planning and zoning commission denial of application.

If the planning and zoning commission recommends denial of an application after public hearing, the applicant may appeal the 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.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-214 Action by city council.

(a)

If the planning and zoning commission has recommended approval of an application for changes or amendments or if the planning and zoning commission has recommended denial of an application and a notice of appeal has been filed pursuant to section 66-213(e), the city council shall set the application for public hearing and, if the application was made by a property owner, shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to such hearing and in addition shall send written notices to the owner of the property or his agent and to all property owners of real property lying within 200 feet of the subject property pursuant to section 66-213(b). If the amendment was initiated by either the city council or by the planning and zoning commission, notice of the public hearing before the city council shall be made pursuant to section 66-213(c).

(b)

When 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. However, in order to adopt the amendment which has been recommended for disapproval by the planning and zoning commission, the city council may do so by a vote of three-fourths of the commission.

(c)

If a protest against an amendment to this chapter is signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 200 feet therefrom or of those directly opposite thereto extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council.

(d)

Effect of denial of application.

If an application for an amendment to this chapter is denied by the city council, the application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one year of the denial of the original application.

(Ordinance 1619, sec. II, adopted 11/8/18)

Andrews City Zoning Code

ARTICLE II

ADMINISTRATION

§ 66-61 Created; composition.

(a)

(b)

Editor’s note–At the request of the city, subsection 66-61(a) was amended to include a line omitted from Ordinance 152, sec. 1, adopted May 1956.

(Ordinance 152, sec. 1, adopted 5/-/56)

§ 66-62 Vacancies.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-63 Responsibilities of city secretary and building official.

(a)

(b)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-64 Rules of procedure.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-65 Minutes and records.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-66 Powers and duties.

The planning and zoning commission shall have the power and duty to:

(1)

(2)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-67 Advisory opinions.

BOARD INTERPRETATIONS AND POLICIES
5/5/66.	Staff assistance to citizens.
It is the recommendation of the zoning board of adjustment that the city manager and his staff should advise applicants in zoning cases of their rights and that such staff should give them every consideration that their administrative positions have made available to them.
2/26/68.	Accessory building; corner lot–Ten feet.
Interpretation of the zoning ordinance, pertaining to the location of accessory buildings in relation to the side lot property line on corner lots, as stated in Item 3, Paragraph (b), Section 21, was made interpretating that on corner lots, accessory buildings must be located a minimum of ten feet from the side lot line next to the side street.
2/26/68.	Parking of mobile homes–Policy on nonconforming.
The following policy is adopted regarding the nonconforming use of land for the parking of mobile homes: Mobile homes existing on location other than general residence, prior to the adoption of the zoning ordinance are legally nonconforming. If the mobile home is removed from the nonconforming location and is not replaced by another mobile home on the same location within six months, the legal nonconforming use of the location to park a mobile home shall expire. This policy shall not affect or amend the provisions under temporary permits or specific use permits for trailer parks.
5/29/68.	Trailer park size.
The board made the following interpretation: Any property that had, as of May 29, 1968, utilities installed for three or more mobile homes, shall be considered a trailer park.
7/22/68.	Policy accessory building on common lot line.
Where it is agreeable, in writing, to both owners of a common property line, and both fence and accessory building are of noncombustible material, the three foot setback shall not be required.
7/22/68.	Enclose or enlarge nonconforming structures.
The board requires that from this date forward (7-22-1968) permission to enclose or enlarge any nonconforming structure must be approved by the planning and zoning board, after the usual procedure for public hearing.
2/12/69.	Local retail–Fence at alley.
The board discussed fences in local retail zone and gave an opinion that in local retail zone that extended to alley, no fence was necessary.
2/27/69.	Local retail–Side yard.
Opinion of the board: On a corner lot zoned local retail, no side yard setback is required on the street side.
12/29/69.	Drive-in eating establishments–Specific use.
The board recommends to the city council that drive-in eating establishments be zoned as specific use permits. Definition: A business that utilizes carhops or outside service window.
5/5/71.	Prior discussion of cases.
If an applicant asks the staff who the board members are, the staff should provide the information and should tactfully advise zoning applicants that the board members do not discuss cases prior to the meetings.
6/26/72.	Appeal decision to city council.
It was requested that any time a decision of the zoning board is appealed to the city council, the zoning board members be notified of the appeal so that the city council can hear both sides of the issue.
7/13/72.	Applicant’s appearance at meeting.
An applicant musts be present at the hearing in person, or by a representative. If the applicant is not represented, his case will be tabled. The staff is instructed to notify each applicant by letter when the hearing is to be held and the policy of this board.
4/14/75.	Meeting date of board.
The zoning board will meet the first and third Thursday of each month in regular session. Emergency called meetings are approved if necessary.
6/4/81.	[Mini-storage warehouse.]
Mini-storage warehouses are an allowable use in Central Business District (Section 14A-13).
6/4/81.	[Concrete mixing facilities.]
Concrete mixing facilities are an allowable in “General Commercial” zone.
6/18/81.	[Mini-warehouses.]
Mini-warehouses are defined as rental storage buildings consisting of a minimum of 3 units with a maximum size of 12' × 24'.
4/18/85.	[Board meeting–Third Thursday.]
The zoning board will meet the third Thursday only of each month in regular session. Emergency called meetings are approved if necessary.
1/22/90.	[Board meeting–Third Monday.]
The zoning board will meet the third Monday only of each month in regular session. Narrative description of the project and a preliminary site development drawing. This information will be available to the public.
11/20/95.	Regarding application for specific use permit.
At the time of application for a specific use permit, the applicant must provide a narrative description of the project and a preliminary site development drawing. This information will be available to the public.
2/19/96.	Drive-in restaurants vs drive-up windows.
The board determined that drive-up windows will not be considered a drive-in restaurant which requires a specific use permit.
Drive-in restaurant is a restaurant that has outside service with waitresses taking orders from cars and/or delivering food.
Drive-up windows that utilize the public right-of-way in the approach lane must present development plans to the planning and zoning commission prior to obtaining a building permit.
Exiting drive-up establishments on this date are grandfathered.
3/18/96.	Application deadline for board of adjustment and zone cases.
In order to allow necessary time for the preparation and publication of the Public Hearing, applications for Zoning cases or Board of Adjustment cases must be completed by the 20th day before the date of the zoning commission meeting. Application made after that date will be scheduled for the next month’s meeting.
(RESERVED FOR FUTURE EXPANSION)
CUSTOMARY HOME OCCUPATIONS
6/21/93
The board discussed the definition and uses under customary home occupations clause of the zoning ordinance. It was decided to specifically state those occupations which would be allowed as C.H.O. and those occupations which specifically were not permitted as C.H.O. When a new occupation is presented, the board will discuss which category the occupation belongs in. The advertising restrictions of C.H.O. were also discussed. It was decided that the sign on the premises must be placed flat against the building or in the window and must be a maximum of one square foot total area. Normal classified ads in the newspaper and business cards are permissible, but commercial style newspaper, radio advertising or advertising signs off the premises is not permissible for C.H.O. Future discussions of C.H.O. are scheduled for the next meeting of the board.
The following uses are permitted as customary home occupations, subject to the ordinance limitations:
1.	Ironing;
2.	Babysitting (Not more than three children who reside outside the home and a total of no more than six including children residing in the home); (6-21-1993) See Child Care Provisions of 1993.
3.	Seamstress (Labor only–no sales of material);
4.	Garage sales (No more than three days per month);
5.	Facial massage; (11-26-1974)
6.	Bookkeeping; (adopted 1/2/75)
7.	Income tax preparation;
8.	Hobby greenhouse with restrictions as follows: (1) life tenancy of current owner, (2) no additional employees, (3) classified advertising three days per month only, (4) greenhouse product sales only; (6/3/76)
9.	Tutoring–Three students, three days per week (M.W.F.); (10-18-1979)
10.	Cake baking, corsage making and flower arranging; (7-20-1992)
11.	Nail technicians (manicure-pedicure-sculptured nails); (2-22-1993)
12.	Desk top publishing (printing service-business cards, greeting cards, etc.); (6-19-1995)
The following uses are NOT allowed as customary home occupations:
1.	Beauty shops;
2.	Barbershops;
3.	Plumbing work;
4.	Electrical work;
5.	Collection agency; (1-2-1975)
6.	Employment agency; (1-2-1975)
7.	Book shop; (11-6-1975)
8.	Gift shop;
9.	Shoe and boot repair; (1-18-1979)
10.	Animal grooming and keeping; (8-10-1971) Reaffirmed (4-21-1988)
11.	Electronic appliance repair (T.V., VCR, Microwaves); (3-16-1992)
12.	Tanning salon. (6-21-1993)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-91 Administrative review.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-92 Procedures for granting exceptions or temporary use permits.

(a)

The board of adjustment shall have the power and duty to:

(1)

Hear and decide such exceptions or temporary use permits as the board of adjustment is specifically authorized to pass on by the terms of this chapter;

(2)

Decide such questions as are involved in determining whether exceptions should be granted; and

(3)

Grant exceptions with such conditions and safeguards as are appropriate under this chapter or deny exceptions when not in harmony with the purpose and intent of this chapter.

(b)

An exception or temporary use permit shall not be granted by the board of adjustment unless and until:

(1)

(2)

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

A maximum of one mobile home may be permitted on any single lot.

(2)

The permit shall be valid for a maximum of one year. At the expiration date the mobile home must be removed from the lot or application must be made for another permit.

(3)

The permit shall be valid only for the applicant and shall not be transferable.

(4)

The board of adjustment may specify any other conditions deemed necessary to protect the welfare of the adjacent property.

(f)

Temporary business booths.

(1)

(2)

The temporary business booth must be located in one of the following zoning districts: local retail, central business, general commercial.

(3)

The maximum size shall be 120 square feet, exterior dimensions, and the maximum height shall be ten feet.

(4)

(5)

The structure must be located a minimum of ten feet away from any other structure.

(6)

(7)

The structure must comply with the National Electrical Code. In fire zones, electricity must be placed in conduit.

(8)

The owner must maintain the physical appearance of the stand as well as the grounds.

(9)

If food is going to be sold, the operator must be inspected by the department of health and properly permitted prior to final approval of the operation.

(10)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-93 Conditions governing applications and procedures for variances.

(a)

(1)

A written application for the variance, together with the fee, is submitted, accompanied by an accurate legal description, maps, site plan, drawings, and any necessary data, demonstrating:

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

That the special conditions and circumstances do not result from the actions of the applicant.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(2)

Notice of the public hearing shall be given as provided in section 66-92(b)(2).

(3)

The public hearing shall be held. Any party may appear in person or by agent or by attorney.

(4)

The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-94 Decisions.

(a)

(b)

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-95 Additional powers and duties granted by state.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-96 Conflict with state laws.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-97 Appeals from board.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-121 Issuance for certain types of uses.

(1)

Airport or landing field in any district.

(2)

Radio and television broadcasting towers and transmitting stations in any district.

(3)

Hospitals, convalescent homes, or institutions of a religious, education, or philanthropic nature in any district.

(4)

Homes for the insane, alcoholic, feeble-minded, or narcotic patients in any district on a site of five acres or more.

(5)

Mobile home parks in any district.

(6)

Rock quarries and sand, gravel, and caliche excavations in any district.

(7)

Mortuaries in the single-family district.

(8)

Drive-in restaurants.

(9)

Apartments.

(10)

Private clubs. See Ordinance 963 which is on file in the city secretary’s office. Not allowed in residential district.

(11)

Townhouses.

(12)

Reserved.

(13)

Such other uses as the city council may deem proper or necessary.

(Ordinance 1619, sec. II, adopted 11/8/18; Ordinance 1701 adopted 3/24/2022; Ordinance 1735 adopted 5/11/2023)

§ 66-122 Development standards and safeguards.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-123 Temporary use permit for day care centers.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-151 Definitions.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-152 Continuation.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-153 Effect of destruction or partial destruction.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-181 Required; issuance.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-182 Application.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-183 Record.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-211 Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-212 Application.

(a)

Initiation.

Amendment may be initiated by the city council or the planning and zoning commission or by application of one or more owners of property affected by the proposed amendment.

(b)

Application fee.

(c)

Accompanying data.

An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to illustrate the proposed amendment.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-213 Public hearing before planning and zoning commission.

(a)

Generally.

Upon filing of the application pursuant to this division, the planning and zoning commission shall call a public hearing on the application as provided in this section.

(b)

Notice when application made by property owner.

(c)

Notice when amendment requested by city council or planning and zoning commission.

(d)

Action by planning and zoning commission at conclusion of hearing.

(e)

Appeal of planning and zoning commission denial of application.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-214 Action by city council.

Effect of denial of application.

(Ordinance 1619, sec. II, adopted 11/8/18)

Andrews City Zoning Code

ARTICLE II

ADMINISTRATION

§ 66-61 Created; composition.

(a)

(b)

Editor’s note–At the request of the city, subsection 66-61(a) was amended to include a line omitted from Ordinance 152, sec. 1, adopted May 1956.

(Ordinance 152, sec. 1, adopted 5/-/56)

§ 66-62 Vacancies.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-63 Responsibilities of city secretary and building official.

(a)

(b)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-64 Rules of procedure.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-65 Minutes and records.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-66 Powers and duties.

The planning and zoning commission shall have the power and duty to:

(1)

(2)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-67 Advisory opinions.

BOARD INTERPRETATIONS AND POLICIES
5/5/66.	Staff assistance to citizens.
It is the recommendation of the zoning board of adjustment that the city manager and his staff should advise applicants in zoning cases of their rights and that such staff should give them every consideration that their administrative positions have made available to them.
2/26/68.	Accessory building; corner lot–Ten feet.
Interpretation of the zoning ordinance, pertaining to the location of accessory buildings in relation to the side lot property line on corner lots, as stated in Item 3, Paragraph (b), Section 21, was made interpretating that on corner lots, accessory buildings must be located a minimum of ten feet from the side lot line next to the side street.
2/26/68.	Parking of mobile homes–Policy on nonconforming.
The following policy is adopted regarding the nonconforming use of land for the parking of mobile homes: Mobile homes existing on location other than general residence, prior to the adoption of the zoning ordinance are legally nonconforming. If the mobile home is removed from the nonconforming location and is not replaced by another mobile home on the same location within six months, the legal nonconforming use of the location to park a mobile home shall expire. This policy shall not affect or amend the provisions under temporary permits or specific use permits for trailer parks.
5/29/68.	Trailer park size.
The board made the following interpretation: Any property that had, as of May 29, 1968, utilities installed for three or more mobile homes, shall be considered a trailer park.
7/22/68.	Policy accessory building on common lot line.
Where it is agreeable, in writing, to both owners of a common property line, and both fence and accessory building are of noncombustible material, the three foot setback shall not be required.
7/22/68.	Enclose or enlarge nonconforming structures.
The board requires that from this date forward (7-22-1968) permission to enclose or enlarge any nonconforming structure must be approved by the planning and zoning board, after the usual procedure for public hearing.
2/12/69.	Local retail–Fence at alley.
The board discussed fences in local retail zone and gave an opinion that in local retail zone that extended to alley, no fence was necessary.
2/27/69.	Local retail–Side yard.
Opinion of the board: On a corner lot zoned local retail, no side yard setback is required on the street side.
12/29/69.	Drive-in eating establishments–Specific use.
The board recommends to the city council that drive-in eating establishments be zoned as specific use permits. Definition: A business that utilizes carhops or outside service window.
5/5/71.	Prior discussion of cases.
If an applicant asks the staff who the board members are, the staff should provide the information and should tactfully advise zoning applicants that the board members do not discuss cases prior to the meetings.
6/26/72.	Appeal decision to city council.
It was requested that any time a decision of the zoning board is appealed to the city council, the zoning board members be notified of the appeal so that the city council can hear both sides of the issue.
7/13/72.	Applicant’s appearance at meeting.
An applicant musts be present at the hearing in person, or by a representative. If the applicant is not represented, his case will be tabled. The staff is instructed to notify each applicant by letter when the hearing is to be held and the policy of this board.
4/14/75.	Meeting date of board.
The zoning board will meet the first and third Thursday of each month in regular session. Emergency called meetings are approved if necessary.
6/4/81.	[Mini-storage warehouse.]
Mini-storage warehouses are an allowable use in Central Business District (Section 14A-13).
6/4/81.	[Concrete mixing facilities.]
Concrete mixing facilities are an allowable in “General Commercial” zone.
6/18/81.	[Mini-warehouses.]
Mini-warehouses are defined as rental storage buildings consisting of a minimum of 3 units with a maximum size of 12' × 24'.
4/18/85.	[Board meeting–Third Thursday.]
The zoning board will meet the third Thursday only of each month in regular session. Emergency called meetings are approved if necessary.
1/22/90.	[Board meeting–Third Monday.]
The zoning board will meet the third Monday only of each month in regular session. Narrative description of the project and a preliminary site development drawing. This information will be available to the public.
11/20/95.	Regarding application for specific use permit.
At the time of application for a specific use permit, the applicant must provide a narrative description of the project and a preliminary site development drawing. This information will be available to the public.
2/19/96.	Drive-in restaurants vs drive-up windows.
The board determined that drive-up windows will not be considered a drive-in restaurant which requires a specific use permit.
Drive-in restaurant is a restaurant that has outside service with waitresses taking orders from cars and/or delivering food.
Drive-up windows that utilize the public right-of-way in the approach lane must present development plans to the planning and zoning commission prior to obtaining a building permit.
Exiting drive-up establishments on this date are grandfathered.
3/18/96.	Application deadline for board of adjustment and zone cases.
In order to allow necessary time for the preparation and publication of the Public Hearing, applications for Zoning cases or Board of Adjustment cases must be completed by the 20th day before the date of the zoning commission meeting. Application made after that date will be scheduled for the next month’s meeting.
(RESERVED FOR FUTURE EXPANSION)
CUSTOMARY HOME OCCUPATIONS
6/21/93
The board discussed the definition and uses under customary home occupations clause of the zoning ordinance. It was decided to specifically state those occupations which would be allowed as C.H.O. and those occupations which specifically were not permitted as C.H.O. When a new occupation is presented, the board will discuss which category the occupation belongs in. The advertising restrictions of C.H.O. were also discussed. It was decided that the sign on the premises must be placed flat against the building or in the window and must be a maximum of one square foot total area. Normal classified ads in the newspaper and business cards are permissible, but commercial style newspaper, radio advertising or advertising signs off the premises is not permissible for C.H.O. Future discussions of C.H.O. are scheduled for the next meeting of the board.
The following uses are permitted as customary home occupations, subject to the ordinance limitations:
1.	Ironing;
2.	Babysitting (Not more than three children who reside outside the home and a total of no more than six including children residing in the home); (6-21-1993) See Child Care Provisions of 1993.
3.	Seamstress (Labor only–no sales of material);
4.	Garage sales (No more than three days per month);
5.	Facial massage; (11-26-1974)
6.	Bookkeeping; (adopted 1/2/75)
7.	Income tax preparation;
8.	Hobby greenhouse with restrictions as follows: (1) life tenancy of current owner, (2) no additional employees, (3) classified advertising three days per month only, (4) greenhouse product sales only; (6/3/76)
9.	Tutoring–Three students, three days per week (M.W.F.); (10-18-1979)
10.	Cake baking, corsage making and flower arranging; (7-20-1992)
11.	Nail technicians (manicure-pedicure-sculptured nails); (2-22-1993)
12.	Desk top publishing (printing service-business cards, greeting cards, etc.); (6-19-1995)
The following uses are NOT allowed as customary home occupations:
1.	Beauty shops;
2.	Barbershops;
3.	Plumbing work;
4.	Electrical work;
5.	Collection agency; (1-2-1975)
6.	Employment agency; (1-2-1975)
7.	Book shop; (11-6-1975)
8.	Gift shop;
9.	Shoe and boot repair; (1-18-1979)
10.	Animal grooming and keeping; (8-10-1971) Reaffirmed (4-21-1988)
11.	Electronic appliance repair (T.V., VCR, Microwaves); (3-16-1992)
12.	Tanning salon. (6-21-1993)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-91 Administrative review.

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-92 Procedures for granting exceptions or temporary use permits.

(a)

The board of adjustment shall have the power and duty to:

(1)

Hear and decide such exceptions or temporary use permits as the board of adjustment is specifically authorized to pass on by the terms of this chapter;

(2)

Decide such questions as are involved in determining whether exceptions should be granted; and

(3)

Grant exceptions with such conditions and safeguards as are appropriate under this chapter or deny exceptions when not in harmony with the purpose and intent of this chapter.

(b)

An exception or temporary use permit shall not be granted by the board of adjustment unless and until:

(1)

(2)

(3)

The public hearing shall be held. Any party may appear in person or by agent or attorney.

A maximum of one mobile home may be permitted on any single lot.

(2)

The permit shall be valid for a maximum of one year. At the expiration date the mobile home must be removed from the lot or application must be made for another permit.

(3)

The permit shall be valid only for the applicant and shall not be transferable.

(4)

The board of adjustment may specify any other conditions deemed necessary to protect the welfare of the adjacent property.

(f)

Temporary business booths.

(1)

(2)

The temporary business booth must be located in one of the following zoning districts: local retail, central business, general commercial.

(3)

The maximum size shall be 120 square feet, exterior dimensions, and the maximum height shall be ten feet.

(4)

(5)

The structure must be located a minimum of ten feet away from any other structure.

(6)

(7)

The structure must comply with the National Electrical Code. In fire zones, electricity must be placed in conduit.

(8)

The owner must maintain the physical appearance of the stand as well as the grounds.

(9)

If food is going to be sold, the operator must be inspected by the department of health and properly permitted prior to final approval of the operation.

(10)

(Ordinance 1207, sec. 5, adopted 2/13/97)

§ 66-93 Conditions governing applications and procedures for variances.

(a)

(1)

A written application for the variance, together with the fee, is submitted, accompanied by an accurate legal description, maps, site plan, drawings, and any necessary data, demonstrating:

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

That the special conditions and circumstances do not result from the actions of the applicant.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

(2)

Notice of the public hearing shall be given as provided in section 66-92(b)(2).

(3)

The public hearing shall be held. Any party may appear in person or by agent or by attorney.

(4)

The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-94 Decisions.

(a)

(b)

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-95 Additional powers and duties granted by state.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-96 Conflict with state laws.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-97 Appeals from board.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-121 Issuance for certain types of uses.

(1)

Airport or landing field in any district.

(2)

Radio and television broadcasting towers and transmitting stations in any district.

(3)

Hospitals, convalescent homes, or institutions of a religious, education, or philanthropic nature in any district.

(4)

Homes for the insane, alcoholic, feeble-minded, or narcotic patients in any district on a site of five acres or more.

(5)

Mobile home parks in any district.

(6)

Rock quarries and sand, gravel, and caliche excavations in any district.

(7)

Mortuaries in the single-family district.

(8)

Drive-in restaurants.

(9)

Apartments.

(10)

Private clubs. See Ordinance 963 which is on file in the city secretary’s office. Not allowed in residential district.

(11)

Townhouses.

(12)

Reserved.

(13)

Such other uses as the city council may deem proper or necessary.

(Ordinance 1619, sec. II, adopted 11/8/18; Ordinance 1701 adopted 3/24/2022; Ordinance 1735 adopted 5/11/2023)

§ 66-122 Development standards and safeguards.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-123 Temporary use permit for day care centers.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-151 Definitions.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-152 Continuation.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-153 Effect of destruction or partial destruction.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-181 Required; issuance.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-182 Application.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-183 Record.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-211 Authority.

The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this chapter.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-212 Application.

(a)

Initiation.

Amendment may be initiated by the city council or the planning and zoning commission or by application of one or more owners of property affected by the proposed amendment.

(b)

Application fee.

(c)

Accompanying data.

An application for an amendment shall be accompanied by an accurate legal description, maps, site plans, drawings and any data necessary to illustrate the proposed amendment.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-213 Public hearing before planning and zoning commission.

(a)

Generally.

Upon filing of the application pursuant to this division, the planning and zoning commission shall call a public hearing on the application as provided in this section.

(b)

Notice when application made by property owner.

(c)

Notice when amendment requested by city council or planning and zoning commission.

(d)

Action by planning and zoning commission at conclusion of hearing.

(e)

Appeal of planning and zoning commission denial of application.

(Ordinance 1619, sec. II, adopted 11/8/18)

§ 66-214 Action by city council.

Effect of denial of application.

(Ordinance 1619, sec. II, adopted 11/8/18)