(a)

Intent of provisions:

(1)

Within the districts established by this chapter or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this chapter to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of the chapter are met.

(2)

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

(3)

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

(b)

Nonconforming status:

(1)

Any use, platted lot or structure which does not conform with the regulations of this zoning chapter on the effective date hereof or any amendment hereto, except as expressly provided in subsection (3) below, shall be deemed a nonconforming use, platted lot or structure provided that:

a.

Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance;

b.

Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or

c.

Such use, platted lot or structure was in existence at the time of annexation into the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

(2)

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this chapter or any amendment hereto, and except as provided in subsection (3) below, shall be deemed to be in violation of this chapter, and the city shall be entitled to enforce fully the terms of this chapter with respect to such use, platted lot or structure.

(3)

The following types of platted lots shall be deemed in conformance with the provisions of this chapter, notwithstanding the fact that such lot does not meet the standards of this chapter in the district in which it is located:

a.

Any vacant lot that conformed to the city's zoning district regulations at the time that it was platted; or

b.

Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

(c)

Continuing lawful use of land and structures:

(1)

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

(2)

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

(d)

Abandonment of nonconforming uses and structures, and cessation of use of structure or land:

(1)

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter, as amended, and with any other applicable city codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

(2)

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

a.

The use ceases to operate for a continuous period of 90 days;

b.

The structure remains vacant for a continuous period of 90 days; or

c.

In the case of a temporary use, the use is moved from the premises for any length of time.

(e)

Changing nonconforming uses:

(1)

A nonconforming use shall not be changed to another nonconforming use.

(2)

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

(3)

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

(f)

Expansion of nonconforming uses and structures:

(1)

A nonconforming use may be extended throughout the structure in which it is located, provided that:

a.

The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

b.

No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

c.

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

(2)

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

(3)

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this chapter.

(g)

Reconstruction or repair of nonconforming structure:

(1)

If 50 percent or more of the total appraised value, as determined by the Brazoria County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this chapter.

(2)

If less than 50 percent of the total appraised value, as determined by the Brazoria County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be repaired and as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the city council, not to exceed six months at a time.

(3)

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in subsection (f) above.

(4)

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this chapter.

(5)

Nothing in this chapter shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds 50 percent of the structure's appraised value, as determined by the Brazoria County Appraisal District.

(h)

Moving of nonconforming structure:

(1)

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the city, and may also require platting of the intended building site pursuant to the city's subdivision ordinance as well as approval of a site plan in accordance with section 28-26.

(i)

Nonconforming lots:

(1)

Nothing in this chapter shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this chapter.

(j)

Right to proceed preserved:

(1)

Nothing contained in this section is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to V.T.C.A., Local Government Code § 43.002, or §§ 245.001—245.006.

(Ord. No. 2009-O-4A, §§ (II)(7)(7.1—7.10), 4-14-09)

(a)

General: The planning and zoning commission (also referred to as the "commission") shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in section 28-24 and in the Code of Ordinances of the City of Angleton.

(b)

Created; membership; officers; rules and bylaws:

(1)

There is created, in accordance with V.T.C.A., Local Government Code Ch. 211, the "planning and zoning commission," hereafter sometimes referred to as the "commission," which shall consist of seven members who are resident citizens, current taxpayers, real property owners, and qualified voters of the City of Angleton who are not employees of the city.

(2)

Members shall be nominated for appointment by the mayor or by a council member of the City of Angleton, and each person so nominated shall be approved by a simple majority vote of the full city council before becoming a member of the commission.

(3)

Commission members shall serve for a term of two years, and expiration of terms shall be staggered so that an overlapping of terms occurs in accordance with section 7.03 of the City Charter.

(4)

Any vacancy(s) on the commission shall be filled via appointment by a simple majority vote of the full city council.

(5)

Members of the planning and zoning commission may be removed from office at any time by a simple majority vote of the full city council either upon its own motion or upon recommendation of the planning and zoning commission. Failure to attend three consecutive regular meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family.

(6)

The members of the commission shall regularly attend meetings and public hearings of the commission, shall serve without compensation. The commission shall meet at least once a month at such dates and times as determined by the commission and as appropriate to conduct the business of the commission.

(7)

The planning and zoning commission shall appoint a chairperson and a vice-chairperson from among its membership, and each officer shall hold office for two years or until replaced by a simple majority vote of the full city council. The city manager's designee shall serve as secretary to the commission, and shall keep minutes of all meetings held by the planning and zoning commission as well as the full record of all recommendations made by the commission to the city council.

(8)

The commission shall have the power to make rules, regulations and bylaws for its own governance, which shall conform with those set forth by the city council, and such rules, regulations and bylaws shall be subject to approval by the city council. Such rules and bylaws shall include, among other items, provisions for:

a.

Regular and special meetings, open to the public;

b.

A record of its proceedings, to be open for inspection by the public;

c.

Reporting to the governing body and the public, from time to time and annually; and

d.

Rules of order and the holding of public hearings on its recommendations.

(c)

Parliamentary procedure; quorum; voting:

(1)

The commission will follow the parliamentary procedure adopted by the city council, and procedures shall not be in conflict with the laws applicable to the commission on the following:

a.

Quorum. A quorum shall consist of a majority of the membership of the commission, and any issue to be voted upon shall be resolved by a majority of those members present.

b.

Voting. All commission members, including the presiding chairperson, shall be entitled to one vote each upon any question, a quorum being present.

c.

Conflict of interest. If any member has a conflict of interest regarding any item on the commission's agenda, he/she shall remove himself/herself from the room and shall refrain from voting only on the item for which a conflict exists in accordance with state law.

(d)

Meetings; public record:

(1)

The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson and at such intervals as may be necessary to orderly and properly transact the business of the commission.

(2)

Meetings shall be open to the public, and minutes shall be kept and shall be treated as public record.

(e)

Establishing extraterritorial jurisdiction:

(1)

Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city's corporate limits and to establish extraterritorial jurisdiction are hereby adopted, and the commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes and the subdivision ordinance pertaining to regulation of subdivisions in the city's limits and extraterritorial jurisdiction.

(f)

Powers and duties:

(1)

The commission shall have all the rights, powers, privileges and authority authorized and granted by and through the Constitution of the State of Texas, the Statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A., Local Government Code Chs. 211 and 212, as amended, the Home Rule Charter of the City of Angleton and all other applicable law.

(2)

The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, zoning and subdivision ordinance amendments, zoning to be given to newly annexed areas, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall review the city's comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city's comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matter(s) in the city.

(g)

Procedure on zoning hearings:

(1)

The procedure and process for zoning changes and zoning ordinance amendments shall be in accordance with section 28-24.

(h)

Joint meetings with the city council:

(1)

Whenever the city council and the planning and zoning commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the city council and the planning and zoning commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

(Ord. No. 2009-O-4A, §§ (II)(8)(8.1—8.8), 4-14-09)

(a)

Creation:

(1)

There is hereby created a board of adjustment (BOA), hereafter referred to as the "board," for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this chapter that are consistent with the general purpose and intent of this chapter. The board shall be composed of members who are resident citizens, taxpayers, qualified voters.

(b)

Members; terms of office:

(1)

The board of adjustments shall consist of five regular members, who shall be appointed by a simple majority vote of the full city council, and shall operate in accordance with V.T.C.A., Local Government Code §§ 211.008—211.011, as amended.

(2)

The city council shall provide for the appointment of up to four alternate members to serve in the absence of one or more of the regular board members on an alternating basis such that all alternate members have equal opportunities to serve on the board.

(3)

Regular board members and alternate members shall serve for a term of two years.

(4)

Any vacancy(s) on the board (both regular and alternate members) shall be filled for the unexpired term(s) via appointment by a simple majority vote of the full city council for the remainder of the term(s).

(5)

Members of the board may be removed from office for any reason, by a simple majority vote of the full city council. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family.

(6)

The members of the board (and alternate members, as needed) shall regularly attend meetings and public hearings of the board, shall serve without compensation.

(7)

The board of adjustment shall elect a chairperson and a vice-chairperson from among its membership, and each officer shall hold office for two years or until replaced by a simple majority vote of the full board. The city manager's designee shall serve as secretary to the board of adjustment, and shall keep minutes of all meetings held by the board. The secretary shall also set up and maintain a separate file for each application for hearing by the board, and shall record therein the names and addresses of all persons/entities to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the post office. All records and files herein provided for shall be permanent and official records of the City of Angleton. The secretary shall also immediately notify in writing the city council, planning and zoning commission, and the city manager or designee of each decision rendered by the board in the conduct of its duties.

(8)

The board of adjustment shall have the power to make the rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council, and the board's rules, regulations and bylaws shall be subject to approval by city council.

(c)

Meetings:

(1)

Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine to properly transact business of the board. All meetings of the board shall be open to the public, and minutes shall be kept of all proceedings at board meetings. Four members of the board shall constitute a quorum for the conduct of business. All cases to be heard by the board of adjustments shall always be heard by at least 75 percent of the members, which constitutes four members.

(d)

Authority of board of adjustment:

(1)

The board of adjustment shall have the authority, subject to the standards established in V.T.C.A., Local Government Code §§ 211.008—211.011 and those established herein, to exercise powers and to perform duties including the following:

a.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;

b.

Authorize, in specific cases, a variance (see subsection (f)) from the terms of this chapter if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done; and

c.

Make interpretations on zoning district boundaries shown on the zoning map where uncertainty exists because physical features on the ground differ from those on the zoning map or where the rules in section 28-5 (zoning district boundaries) do not apply or are ambiguous.

(2)

In exercising its authority under subsection (1)a. above, the board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

(3)

The concurring vote of at least 75 percent, which shall be defined as four members, of the full board of adjustment is necessary to:

a.

Reverse an order, requirement, decision or determination of an administrative official;

b.

Decide in favor of an applicant on a matter on which the board is required to review under this zoning chapter;

c.

Authorize a variance from a provision of this zoning chapter; or

d.

Hear and decide special exceptions to a provision of this zoning chapter (see subsection 28-23(f)(5)).

(e)

Limitations on authority of board of adjustment:

(1)

The board of adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in subsection (f).

(2)

The board of adjustment shall have no power to grant or modify specific use permits authorized under section 28-63.

(3)

The board of adjustment shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or the city council, the board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment by the commission and the city council.

(4)

The board of adjustment shall not grant a variance for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat, where required, is pending on the agenda of the planning and zoning commission and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the board of adjustment.

(f)

Variances and special exceptions:

(1)

The board of adjustment may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot width or depth, parking requirement, or other development standard may be warranted. In granting a variance, the board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein-below required, the board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

(2)

Conditions required for variance. No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with subsection (h) of this section and unless the board of adjustment finds:

a.

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his/her land;

b.

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

c.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area;

d.

That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this chapter; and

e.

That a finding of undue hardship exists (see subsection (f)(3) below).

Such findings of the board of adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board of adjustment meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and that substantial justice may be done.

(3)

Findings of undue hardship. In order to grant a variance, the board of adjustment must make written findings that an undue hardship exists, using the following criteria:

a.

That literal enforcement of the controls will create an unnecessary hardship in the development of the affected property;

b.

That the situation causing the hardship or difficulty is neither financial in nature, self-imposed nor generally affecting all or most properties in the same zoning district;

c.

That the relief sought will not injure the permitted use of adjacent conforming property; and

d.

That the granting of a variance will be in harmony with the spirit and purpose of these regulations.

(4)

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this chapter to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

(5)

Special exceptions for nonconforming uses and structures. Upon written request of the property owner, the board may grant special exceptions to the provisions of section 28-21, limited to the following, and in accordance with the following standards:

a.

Expansion of the land area of a nonconforming use, up to a maximum of ten percent.

b.

Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property.

c.

Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

d.

In granting special exceptions under this subsection, the board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of the zoning chapter.

e.

For existing single-family and duplex structures that were constructed prior to the effective date of this chapter, the board of adjustment may authorize a special exception for any structure that was constructed over a setback line established by this chapter.

f.

The board of adjustment may authorize a special exception for the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use and/or the restoration of a building site that is nonconforming as to development standards (including, but not limited to, parking arrangement, landscaping, etc.), when a structure has been damaged by fire or other cause to the extent of more than 50 percent, but less than the total, of the appraised value of the structure, as determined from the records of the Brazoria County Appraisal District, as of the date of the damage. Such action by the board of adjustment shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

g.

The board of adjustment may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this chapter, or if it will otherwise improve or enhance public health, safety or welfare.

(g)

Appeals to the board of adjustment:

(1)

Authority. In addition to the authorization of variances and special exceptions from the terms of this chapter, the board of adjustment shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. The board of adjustment may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the board of adjustment has the same authority as the administrative official. The board of adjustment may also hear and decide other matters authorized by the subdivision ordinance and other city ordinances regarding land use and development regulations.

(2)

Who may appeal. Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

a.

A person directly aggrieved by the decision; or

b.

Any officer, department, board or office of the city affected by the decision.

(3)

Procedure for appeal. The appellant must file with the board of adjustment and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within 15 calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board of adjustment all papers constituting the record of action that is appealed. An appeal stays 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 of adjustment facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board of adjustment or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within 45 calendar days after the written request (i.e., notice of appeal) was received. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

(h)

Procedures:

(1)

Application and fee. An application for a variance or a special exception to be heard by the board of adjustment, or for an appeal to the board, shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee (as set forth by ordinance of the city council), a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

(2)

Review and report by the city. The city manager or designee shall visit the site where the proposed variance or special exception will apply and the surrounding area, and shall report his/her findings to the board of adjustment.

(3)

Notice and public hearing. The board of adjustment shall hold a public hearing for consideration of the variance or special exception request no later than 45 calendar days after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance or special exception shall be provided to all property owners, according to the Brazoria County Appraisal District via U.S. mail, within 200 feet of the affected property before the tenth calendar day prior to the public hearing. Notice shall also be published in the official local newspaper before the 15th calendar day prior to the public hearing.

(4)

Action by the board of adjustment. The board of adjustment shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in subsection (f) has been satisfied. The board of adjustment may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

(5)

Burden of proof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the board.

(6)

Waiting period. No appeal to the board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of six months (i.e., 180 calendar days) following an unfavorable ruling by the board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the board, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

(7)

Timeliness of application for building permit or certificate of occupancy. Upon a favorable board action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within six months (i.e., 180 calendar days) following the date of board action, unless the board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the six-month time frame, then the variance or special exception shall be deemed to have been waived, and all rights there under shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

(i)

Finality of decisions; judicial review:

(1)

All decisions of the board of adjustment are final and binding. However, any person aggrieved by a decision of the board of adjustment may present a verified petition to a court of record which states that the decision of the board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten calendar days after the date the board's decision is filed in the city secretary's office. Subject to the provisions of V.T.C.A., Local Government Code Ch. 211.011, only a court of record may reverse, affirm or modify a decision of the board of adjustment.

(Ord. No. 2009-O-4A, §§ (II)(9)(9.1—9.9), 4-14-09)

(a)

Declaration of policy and review criteria:

(1)

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

a.

To correct any error in the regulations or map;

b.

To recognize changed or changing conditions or circumstances in a particular locality;

c.

To recognize changes in technology, the style of living, or manner of conducting business; or

d.

To change the property to uses in accordance with the city's adopted comprehensive plan.

(2)

In making a determination regarding a requested zoning change, the planning and zoning commission and the city council shall consider the following factors:

a.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned, and their relationship to the general area and to 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 unavailable 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.

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

f.

Any other factors that will substantially affect the public health, safety, morals, or general welfare.

(b)

Authority to amend ordinance:

(1)

The city council may from time to time, after receiving a recommendation thereon by the planning and zoning commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning map. Any amendment to the zoning ordinance text or to zoning district boundaries may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or may be requested by the owner of real property (or his/her authorized representative).

(2)

Consideration for a change in any zoning district boundary line or special zoning regulation may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per subsection 28-24(c)), or by the planning and zoning commission or the city council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in city records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

(3)

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Angleton, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Angleton shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.

(c)

Application:

(1)

Each application for zoning, rezoning, specific use permit (SUP), or for a text amendment to a provision(s) of this zoning chapter, shall be made in writing on an application form available in the city manager's office. The application shall be delivered to the city manager at least 30 calendar days prior to the date of the public hearing before the planning and zoning commission, and shall be accompanied by payment of the appropriate fee as established by ordinance. An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing) exhibit, and other appropriate exhibits (i.e., site plans, maps, architectural elevations, information about proposed uses, etc.) that are determined necessary by the city manager, shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in section 28-26, shall also be submitted along with any zoning request involving the formation of a planned development (PD) district. A site plan, as prescribed in section 28-26, shall also be submitted along with any zoning request involving a specific use permit (SUP).

(2)

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner's agent to file the zoning change request.

(3)

Official submission date and completeness of application:

a.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request (that contains all elements and information required by this chapter) is submitted to the city manager. No application shall be deemed officially submitted until the city manager determines that the application is complete and a fee receipt is issued by the city. Failure by the city manager to make a determination of incompleteness within ten calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the "official submission date" shall become the 11th calendar day following initial receipt of the application by the city.

b.

Zoning applications which do not include all required information and materials (as outlined above and per other city development review policies) will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a planning and zoning commission agenda until the proper information is provided to city staff.

(d)

Notice of public hearing:

(1)

Public hearing for zoning changes involving real property: For zoning and rezoning requests involving real property (including PD and SUP requests), the planning and zoning commission and the city council shall hold at least one public hearing on each zoning application, as per applicable state law (V.T.C.A., Local Government Code Ch. 211, as amended).

a.

Notice of the public hearing to occur before the planning and zoning commission, and before the city council, shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing.

b.

Written notice of the public hearing before the planning and zoning commission, and before the city council, shall also be sent to all owners of property within the city limits, as indicated by the most recently approved city tax roll, that is located within the area of application and within 200 feet of any portion of the subject property, said written notice to be sent before the tenth calendar day prior to the date such hearing is held. Such notice shall be served by using the last known address as listed on the most recently approved tax roll, and by depositing the notice, postage paid, in the United States mail.

(2)

Public hearing for zoning changes involving ordinance text: For requests involving proposed changes to the text of the zoning ordinance, notice of the planning and zoning commission hearing, and of the city council hearing, shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing. Changes in the ordinance text that do not change zoning district boundaries (i.e., which do not involve specific real property) do not require written notification to individual property owners.

(3)

Dual notification of planning and zoning commission public hearing(s) and city council public hearing(s): The city may, at its option, publish the required zoning change notifications in conformance with V.T.C.A., Local Government Code Ch. 211, for public hearings for the planning and zoning commission and the city council at the same time; said notifications shall be published before the 15th calendar day prior to the planning and zoning commission or city council public hearing, as applicable.

(4)

Joint public hearings: The city council may hold a joint public hearing on a zoning, rezoning or zoning ordinance text amendment request along with the planning and zoning commission, but the city council shall not take action on the request until it has received a final recommendation from the commission. Notification for a joint public hearing shall be accomplished by publishing the purpose, time and place of the joint public hearing in the official newspaper of the city before the 15th calendar day prior to the date of the public hearing. For zoning and rezoning requests involving real property (including PD and SUP requests), written notice of the joint public hearing shall also be sent to property owners within 200 feet in accordance with subsection (d)(1)b. above. In accordance with V.T.C.A., Local Government Code Ch. 211.077, the city council shall prescribe any other necessary methods of notification for joint public hearings.

(5)

Additional rules and procedures established: The city may, at is option, establish additional rules and procedures for public notification of proposed zoning changes and developments proposals (e.g., required plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the city, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

(e)

Failure to appear:

(1)

Failure of the applicant or his/her authorized representative to appear before the planning and zoning commission or the city council for more than one hearing shall constitute sufficient grounds for the planning and zoning commission or the city council, at that body's option, to table or deny the application. Such tabling or denial shall not entitle the applicant to any refund of fees paid for consideration of his/her application, unless such refund is requested in writing and is expressly granted by the commission or city council at the time of tabling or denial of the application.

(f)

Planning and zoning commission consideration and recommendation:

(1)

Accordance with section 28-22: The planning and zoning commission shall function in accordance with section 28-22 and with applicable provisions in the city's code of ordinances. Except as noted in subsection (g)(4), all planning and zoning commission votes shall be decided by a simple majority of the filled commission positions.

(2)

Tabling of the decision/recommendation: The planning and zoning commission may, on its own motion or at the applicant's request, table its decision/recommendation for not more than 90 calendar days from the time the public hearing was first opened. Such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the commission's agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

(3)

Recommending approval: When the commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions, or disapproval of the request. The request will then be forwarded to the city council for public hearing.

(4)

Recommending denial: If the planning and zoning commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant. The planning and zoning chairperson shall inform the applicant of the right to receive reasons for the denial.

(g)

City council authority and consideration:

(1)

City council authority: The city council, after receiving a recommendation by the planning and zoning commission and after public hearings required by law, may amend, supplement, or change the regulations of this chapter or the boundaries of the zoning districts on the zoning map.

(2)

Applications forwarded to the city council: After consideration by the planning and zoning commission, all zoning applications shall be automatically forwarded to the city council for a public hearing following appropriate public hearing notification as prescribed in subsection (c) above.

(3)

City council action on zoning, rezoning or text amendment requests: After a public hearing is held before the city council regarding the zoning application, the city council may:

a.

Approve the request in whole or in part (if the city council approves the request, then subsection (g)(5) will apply),

b.

Deny the request in whole or in part,

c.

Table the application to a future meeting (and specifically citing the city council meeting to which it is tabled), or

d.

Refer the application to the planning and zoning commission for further study.

(4)

Protests: For zoning and rezoning requests involving real property (including PD and SUP requests), a favorable vote of three-fourths of all members of the city council shall be required to approve any change in zoning when written objections are received from 20 percent or more of the land area covered by the proposed change, or of the land area within 200 feet of the subject property, in accordance with the provisions of V.T.C.A., Local Government Code § 211.006 of the (commonly referred to as the "20 percent rule"). If a protest against such proposed zoning change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending 200 feet therefrom, such zoning change shall not become effective except by a three-fourths vote of the full city council.

(5)

Final approval and ordinance adoption: Upon approval of the zoning request by the city council, the applicant shall submit all related material with revisions, if necessary, to the city manager, or his/her designee, for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the city council makes a decision to approve the request. The amending ordinance will be prepared for adoption when a correct description and all required exhibits have been submitted to the city manager or his/her designee. The amending ordinance shall be effective at such time that it is adopted by the city council, signed by the mayor, and attested by the city secretary. For those zoning ordinances that contain a penalty clause the ordinance will not become effective until the time indicated in section 3.10 of the City Charter of Angleton, Texas.

(6)

Required waiting period.

a.

After a final decision is reached by the city council denying the zoning and rezoning requests involving real property (including PD and SUP requests), no further application may be filed for zoning and rezoning requests (including PD and SUP requests) involving any part of the subject real property for 12 months from the date of the final decision.

b.

City-initiated applications from the planning and zoning commission, city council or city manager are not limited by this waiting period.

c.

Upon filing a waiver request and a payment of that as listed in the fee schedule of the City of Angleton, the applicant may request the city council to waive the waiting prior upon a finding of changed conditions or significant new information. The city manager, or his or her designee, may submit the request for waiver to the planning and zoning commission for a recommendation to the city council.

d.

If the requested waiver is granted and the applicant files an application for rezoning before the expiration date of the waiting period specified in subsection (g)(6) above, the application fee shall be a percentage of the zoning application fee as listed in the fee schedule of the City of Angleton.

(h)

Administration and enforcement:

(1)

The city manager shall be authorized by the city council to administer and enforce the provisions of this chapter. If the city manager finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this chapter are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The city manager or designee shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this chapter.

(2)

Stop work orders. Whenever any building or construction work is being done contrary to the provisions of this chapter, the city manager shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the city to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this chapter, in accordance with section 28-133 (penalty for violations), and may incur penalties for such violation.

(i)

Schedule of fees, charges and expenses:

(1)

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

(2)

The city council, upon the recommendation of the planning and zoning commission, shall determine and adopt a fee schedule for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings that are called for in this chapter. Such fees shall be paid by the applicant and shall not be designed to in any way restrict the applicant's ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the city in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval (in accordance with subsection (c)(3) above), the city secretary (or his/her designee) shall issue a fee receipt and shall create a case file as a permanent city record thereof.

(j)

Vested rights petition:

(1)

Purpose, applicability and effect.

a.

Purpose: The purpose of a vested rights petition is to determine whether one or more standards of this zoning ordinance should not be applied to a development application by operation of state law, or whether certain permits are subject to expiration.

b.

Applicability: A vested rights petition may be filed for an application for a site plan in a zoning change request, a planned development zoning district, a specific use permit, or in any other type of development application authorized in this chapter or by V.T.C.A., Local Government Code Ch. 245. A vested rights petition may not be filed with a petition for a text amendment to any zoning ordinance, a zoning map amendment, any other request for a legislative decision by the city council or in relation to any other action of the city which is exempt from the provisions of V.T.C.A., Local Government Code, § 245.004.

c.

Effect: Upon granting of a vested rights petition in whole or in part, the city manager (or his/her designee) shall process the development application and the city council shall decide the application in accordance with the standards specified in the relief order based on prior ordinance requirements or development standards.

(2)

Petition requirements.

a.

Who may petition: A vested rights petition may be filed by a property owner or the owner's authorized agent with any application authorized in this chapter.

b.

Form of petition: The vested rights petition shall allege that the petitioner has a vested right for some or all of the land subject to the development application under V.T.C.A., Local Government Code Ch. 245 or successor statute, or pursuant to V.T.C.A., Local Government Code § 43.002 or successor statute, that requires the city to review and decide the application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents:

1.

A narrative description of the grounds for the petition;

2.

A copy of each approved or pending development application which is the basis for the contention that the city may not apply current standards to the development application which is the subject of the petition;

3.

Identification of all standards otherwise applicable to the development application from which relief is sought;

4.

Identification of any current standards which petitioner agrees can be applied to the development application at issue;

5.

A narrative description of how the application of current standards affect proposed lot size, lot dimensions, lot coverage or building size shown on the petition for which the petition is filed; and

6.

A copy of any prior vested rights determination involving the same land.

c.

Time for filing petition: A vested rights petition shall be filed with a development application for which a vested right is claimed. Where more than one application is authorized to be filed by this chapter, the petition may be filed simultaneously for each application.

(3)

Processing of petitions and decision.

a.

Responsible official: The city manager (or his/her designee) is responsible for processing the development application with which the petition is associated. The city manager (or his/her designee) shall promptly forward a copy of the vested rights petition to the city attorney following acceptance.

b.

Decision by city council: The city council is the final decision-maker on all vested rights petitions. The petitioner may submit a written request that the vested rights petition be immediately forwarded to the council for a determination. The request must be accompanied by a waiver of the time for decision on the application imposed under this chapter pending decision by the council on the petition, which shall stay further proceedings on the application. Upon receipt of the request, the city manager (or his/her designee) shall prepare a recommendation and forward the matter to the council for decision, which shall decide the petition within 60 calendar days of the petitioner's request. If no written request for council referral is filed, the council shall decide the vested rights petition with its decision on the development application.

c.

In considering the vested rights petition and the development application, the city council will not make a decision which vests rights earlier than the time of making an application for a preliminary plat for the development which complies with all of this chapter, the Angleton City Code and all other applicable law, unless the applicant provides clear and convincing evidence that rights should vest at an earlier time. Provided, that nothing contained herein will affect a lawful, pre-existing nonconforming use or structure in compliance with and in accordance with section 28-21 of this chapter.

(4)

Action on petition and order.

a.

Action on the petition: The city council may take any of the following actions on a vested rights petition:

1.

Deny the relief requested in the petition, and direct that the development application shall be reviewed and decided under currently applicable standards;

2.

Grant the relief requested in the petition, and direct that the petition shall be reviewed and decided in accordance with the standards contained in identified prior regulations; or

3.

Grant the relief requested in part, and direct that certain identified current standards shall be applied to the development application, while standards contained in identified prior regulations also shall be applied.

b.

Order on petition: The city manager's (or his/her designee's) report and each decision on the vested rights petition shall be memorialized in an order identifying the following:

1.

The nature of the relief granted, if any;

2.

The approved or filed development application(s) upon which relief is premised under the petition;

3.

Current standards which shall apply to the development application for which relief is sought;

4.

Prior standards which shall apply to the development application for which relief is sought, including any procedural standards;

5.

The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and

6.

To the extent feasible, subordinate development applications that are subject to the same relief granted on the petition.

(5)

Criteria for approval.

a.

Factors: The city council shall decide the vested rights petition based upon the following factors:

1.

The nature and extent of prior development applications filed for the land subject to the petition;

2.

Whether any prior vested rights determinations have been made with respect to the property subject to the petition;

3.

Whether any prior approved applications for the property have expired or have been terminated in accordance with law;

4.

Whether current standards otherwise applicable affect lot size, lot dimensions, lot coverage or building size based upon the proposed development application;

5.

Whether any statutory exception applies to the standards in the current zoning ordinance from which the applicant seeks relief; and

6.

Whether any prior approved applications relied upon by the petitioner have expired.

b.

Conditions: If the claim of vested rights under a petition is based upon a pending application subject to standards that have been superseded by current standards under this chapter, the city council may condition any relief granted on the petition on the approval of the application under such prior standards.

(6)

Application following final decision on petition.

a.

Following the city's final decision on the vested rights petition, the property owner shall conform the development application for which relief is sought to such decision. The city council shall consider any application revised under this subsection in accordance with the procedures for deciding the initial application under this chapter and in conformity with the relief granted on the petition. If the relief granted on the vested rights petition is consistent with the development application on file, no revisions are necessary. If proceedings have been stayed on the development application pending referral of the vested rights petition to the city council, proceedings on the application shall resume after the council's decision on the vested rights petition.

(7)

Expiration and extension.

a.

Expiration: Relief granted on a vested rights petition shall expire on occurrence of one of the following events:

1.

The petitioner or property owner fails to submit a required revised development application consistent with the relief granted within 30 days of the final decision on the petition;

2.

The development application for which relief was granted on the vested rights petition is denied under the criteria made applicable through the relief granted on the petition; or

3.

The development application for which relief was granted on the vested rights petition expires (See section 28-26).

b.

Extension: Extension of the date of expiration for the development application for which relief was granted on a vested rights petition shall result in extension of the relief granted on petition for a like period.

(8)

Dormant projects.

a.

Definitions: For purposes of this section only:

1.

Initial permit means any of the following types of approvals granted under this zoning chapter, as amended, or any predecessor zoning, subdivision or development ordinance: site plan, landscape plan, concept plan, zoning change request, specific use permit, variances or any other application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation or design of land uses, lots or improvements on a site intended for development.

2.

Final permit means a building permit, certificate of occupancy, or final plat approved under the subdivision ordinance, as amended, or any predecessor zoning, subdivision or development ordinance.

b.

Expiration of permits: Any application for an initial permit that was approved or filed before, but that was not subject to an expiration date, one year prior to the adoption date of this chapter, and that was under the zoning or subdivision ordinances, as amended, or any predecessor zoning, subdivision or development ordinance, shall expire on the effective date of this chapter.

c.

Reinstatement: The owner of the land subject to an initial permit that expires under subsection (8)b above, may petition the city council to reinstate such zoning permit by filing a written petition within 60 calendar days of the effective date of this chapter. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation of one of the following:

1.

As of one year prior to the adoption date of this chapter, one of the following events had occurred:

(1)

A final permit for all or part of the land subject to the approved initial permit was approved, or was filed and was subsequently approved;

(2)

An application for a final permit was submitted for all or part of the land subject to the expired initial permit, but such application was rejected on grounds of incompleteness;

(3)

Costs for development of the land subject to the initial permit, including but not limited to costs associated with roadway, utility and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five percent of the most recent appraised market value of the land;

(4)

Fiscal security was posted to ensure performance of an obligation required for all or a part of the land subject to the approved initial permit; or

(5)

Utility connection fees or impact fees for all or part of the land subject to the approved initial permit were paid.

2.

After two years prior to the adoption date of this chapter but before the expiration date specified in subsection (8)b. above, one of the following events had occurred:

(1)

A final permit was approved for all or part of the land subject to the approved zoning change, and remained in effect for such land on such expiration date; or

(2)

A complete application for approval of a final permit for all or part of the land subject to the approved initial permit was pending for decision on such expiration date.

d.

Council action on reinstatement: The city council may take one of the following actions:

1.

Reinstate the expired initial permit without an expiration date, if it finds that the petitioner has met any one of the criteria listed in subsection (8)c.1. above;

2.

Reinstate the initial permit for all or part of the land subject thereto, if it finds that the petitioner has met any one of the criteria listed in subsection (8)c.2. above, subject to such expiration dates or other conditions that assure that the remaining land that is not subject to an approved or pending final permit application will be developed in a timely fashion. In granting relief under this provision, the council may require that development of such remaining land is subject to standards enacted after approval of the initial permit;

3.

Deny the petition, if it finds that the petitioner has failed to meet any of the criteria in subsection (8)c.; or

4.

Reinstate the permit for only that part of the land subject to a pending final permit application, if it finds that the petitioner has met the criteria in subsection (8)c.2.ii. above and the pending application subsequently was approved, and deny the petition for the remaining land subject to the expired initial permit.

(Ord. No. 2009-O-4A, §§ (II)(10)(10.1—10.10), 4-14-09; Ord. No. 2016-O-6B, § 2, 6-14-16; Ord. No. 2016-O-8A, § 2, 8-23-16; Ord. No. 20210810-009 meeting, § 74, 8-10-21)

(a)

Building permits required:

(1)

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the City of Angleton's Building Official. A building permit shall not be issued except in conformity with the provisions of this chapter, unless otherwise authorized by the board of adjustment in the form of a variance or special exception as provided in subsection 28-23(f) of this chapter. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the subdivision ordinance, nor until all appropriate plans have been approved by the city (including, but not limited to, a final plat, a detailed plot plan, a final site plan, landscaping and facade plans, building structural plans, etc.). All site plans shall clearly show in detail how the site will be constructed (such as paving, buildings, general physical improvements, improvements that currently exist, distances to property lines, construction planning, etc.).

(b)

Cancellation of building permit:

(1)

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this chapter, shall render such building permit void, and the building official is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this chapter.

(c)

Certificate of occupancy:

(1)

A certificate of occupancy shall be required for any of the following:

a.

Occupancy and use of a building hereafter erected or structurally altered;

b.

Change in use of an existing building to a use of a different classification; and

c.

Change in the use of land (regardless of whether or not a building is present or erected on the property) to a use of a different classification. No certificate of occupancy is required for a change in zoning, in accordance with section 28-24 of this chapter.

(2)

No such use, or change of use, shall take place until a certificate of occupancy therefore shall have been issued by the building official. The application fee(s) for a certificate of occupancy shall be as set forth by ordinance of the city council.

(3)

A record of all certificates of occupancy shall be kept on file in the building official's office, and copies shall be furnished upon request to any person in accordance with state laws governing public records.

(4)

Procedure for new or altered buildings. Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued after the building official orders the building or structure inspected and finds no violations of the provisions of this chapter or other regulations which are enforced by the building official. Said certificate shall be issued by the building official after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this chapter.

(5)

Procedure for vacant land or a change in building use. Written application for a certificate of occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the building official. If the proposed use is a conforming use, as herein provided, written application shall be made to said building official. If the proposed use is found to be in conformity with the provisions of this chapter, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the building official.

(6)

Contents of certificate of occupancy. Every certificate of occupancy shall contain the following: 1) building permit number; 2) the address of the building; 3) the name and address of the owner; 4) a description of that portion of the building for which the certificate is issued; 5) a statement that the described portion of the building has been inspected for compliance with the requirements of the city's building codes for the particular group and division of occupancy; 6) the name of the building official or city manager; 7) use(s) allowed; 8) maximum number of persons/occupants; and 9) issue date of certificate of occupancy.

(7)

Posting of certificate of occupancy. The certificate of occupancy shall be posted in a conspicuous place on the premises.

(8)

Revocation of certificate of occupancy. The building official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter 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 portion thereof is in violation of any ordinance or regulation or any of the provisions of this chapter or the building code and other codes adopted by the city, and any amendments thereto.

(d)

Completion of buildings in progress:

(1)

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this chapter, and the remaining construction of which shall have been completed within one year (i.e., 365 calendar days) following the effective date of this chapter. In addition, any nonresidential building or structure for which a building permit has been approved by the city not more than one year (i.e., 365 calendar days) prior to the effective date of this chapter may be constructed according to the terms of that building permit.

(Ord. No. 2009-O-4A, §§ (II)(11)(11.1—11.4), 4-14-09)

(a)

Approval process:

(1)

Steps for approval: The review process may include the following steps:

a.

Pre-application conference (refer to subsection 28-26(b)),

b.

Concept plan for planned developments (refer to section 28-62),

c.

Site plan for specific use permits (refer to section 28-63),

d.

Construction of project following city approval of all required plans and plats.

(2)

Type of plan required:

a.

Concept plan.

1.

A concept plan shall be required for all planned development applications.

2.

All procedural and application requirements are included in section 28-62, planned developments.

3.

The review and approval process for a concept plan shall generally be review by the planning and zoning commission and approval by the city council.

b.

Site plan.

1.

A site plan shall be required for all specific use permits.

2.

A site plan may be required for planned developments, if a site plan is determined to be required at the time of planned development approval (see section 28-62).

3.

A site plan shall be required for all nonresidential, multifamily and single-family attached developments within any zoning district.

4.

All procedural and application requirements are included in section 28-63, specific use permits.

5.

The review and approval process for a site plan shall be reviewed by the planning and zoning commission.

c.

General. For the purposes of this zoning chapter, the term "required plan(s)" is intended to refer to any of the above-listed plans, as applicable.

(3)

Payment of all indebtedness attributable to the subject property: No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Angleton, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Angleton shall have been first fully discharged by payment, or until an arrangement satisfactory to the city has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.

(4)

Official filing date, completeness of application, expiration of application: The following shall apply to any concept plan or site plan application submitted in accordance with this zoning chapter.

a.

Official filing date. The time period established by state law or this zoning chapter for processing or deciding an application shall commence on the official filing date. The official filing date for a required plan application is the date the applicant delivers the application to the city or deposits the application with the United States Postal Service by certified mail addressed to the city.

b.

Determination of completeness. Every required plan application shall be subject to a determination of completeness by the city manager for processing the application.

1.

No required plan application shall be accepted by the city manager for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this zoning chapter.

2.

The incompleteness of the required plan application shall be grounds for denial of the application.

3.

A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this zoning chapter.

4.

A determination of completeness shall be made by the city manager or designee in writing to the applicant no later than the tenth business day after the official filing date that the required plan application is submitted to the city manager.

(i)

The applicant shall be notified within that ten-business-day period of the
determination of completeness.

(ii)

If the required plan application is determined to be complete, the application shall be acted upon in the proper manner as prescribed by section 28-24.

(iii)

If the required plan application is determined to be incomplete, the notification shall specify the documents or other information needed to complete the application and shall state the date the application will expire (see subsection (4)c. below) if the documents or other information is not provided.

(iv)

A required plan application shall be deemed complete on the 11th business day after the application has been received if the applicant has not otherwise been notified that the application is incomplete.

c.

Expiration of application. If the required plan application is not completed by the 45th day after the application is submitted to the responsible official, the plan application will be deemed to have expired and it will be returned to the applicant together with any accompanying applications. The required plan application shall also expire on the 45th day after the date the application is filed if each of the following occurs:

1.

The applicant fails to provide documents or other information necessary to comply with the city's requirements relating to the required plan application;

2.

The city provides to the applicant, not later than the 10th business day after the date the application is filed, written notice that specifies the necessary documents or other information, and the date the application will expire if the documents or other information is not provided; and

3.

The applicant fails to provide the specified documents or other information within the time provided in the notification.

d.

If the required plan application is re-submitted after a notification of incompleteness, the timeframe for a determination of completeness described above (see subsection (4)b. above) shall begin on the date of the re-submittal of the plan application.

(5)

Supplemental requirements: The city's staff may require other information and data for specific required plans. Approval of a required plan may establish conditions for construction based upon such information.

(b)

Pre-application conference.

(1)

Prior to formal application for approval of any required plan, the applicant(s) may request a pre-application conference with the city manager, which conference may include the city manager, the building official, the city's planner, the city's engineer, and/or any other pertinent city official(s), in order to become familiar with the city's development regulations and the development process. The pre-application conference shall not constitute vesting on any project.

(c)

Site plan:

(1)

Purpose: The purpose of a site plan is to ensure that development projects are in compliance with all applicable city ordinances and zoning requirements prior to commencement of construction.

(2)

Applicability: This section establishes a review process for all developments that require site plan approval. Submission and approval of a site plan shall be required for all nonresidential, multifamily and single-family attached developments within all zoning districts.

(3)

Building permit and certificate of occupancy: A site plan shall be submitted and approved prior to submission of a building permit application. No building permit shall be issued until a site plan and all other required engineering/construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.

(4)

Extent of area that should be included in a site plan: When the overall development project is to be developed in phases, the area included within the site plan shall include only the portion of the overall property that is to be developed/constructed.

(5)

Procedures and submission requirements for site plan approval: All site plans shall clearly show in detail how the site will be constructed (such as paving, buildings, general physical improvements, infrastructure improvements that currently exist, distances to property lines, etc.) as stated in subsection 28-63(d) of this chapter. To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of applications.

(6)

Review and approval of a site plan:

a.

City staff review and approval of site plans.

1.

Following submittal of a complete application of a site plan in accordance with subsection 28-26(4), the city shall review the application. Specifically, the city manager, city engineer, and the building official (or their designee) shall review the site plan.

2.

Each site plan shall be evaluated to ensure that all developments are constructed according to the city's codes and ordinances.

3.

Following city staff review, the city manager shall recommend approval, approval subject to certain conditions, or denial of the site plan to the planning and zoning commission.

4.

If the site plan is denied by the planning and zoning commission, the applicant may appeal such decision to the city council provided that such appeal is submitted to the city in writing within ten calendar days following the commission's decision. The city council shall decide the appeal within 90 calendar days, and the council's decision on the appeal shall be final.

(7)

Revisions to the approved site plan:

a.

Minor revisions/amendments.

1.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the city manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan. Such minor modifications shall be submitted as an "amended site plan," which shall substantially conform to the previously approved site plan.

2.

Submission materials and requirements for approval of an amended site plan shall be as determined by the city manager, or his/her designee.

b.

Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a new site plan must be resubmitted, reviewed, and approved by the city manager (or his/her designee). Any new site plan shall be deemed a "new permit," and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

(8)

Effect of review/approval: Approval of the site plan shall be considered authorization to proceed with submission and review of the building permit application provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).

(9)

Validity and lapse of site plan approval: A site plan shall be considered a "permit" as described by state law in V.T.C.A., Local Government Code Ch. 245.005.

a.

Valid for two years: Any approved site plan shall be deemed expired two years from the date on which the site plan was originally approved if no progress has been made toward completion of the project.

b.

Progress benchmarks: The term "progress" shall be as defined based on V.T.C.A., Local Government Code, Ch. 245.005 as follows:

1.

Plans for construction and an application for a building permit for at least one of the buildings on the approved site plan are submitted within two years following approval of the site plan.

2.

A good-faith attempt is made to file with the city an application for a permit necessary to begin or continue towards completion of the project;

3.

Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent of the most recent appraised market value of the real property on which the project is located;

4.

Fiscal security is posted with the city to ensure performance of an obligation required by the city; or

5.

Utility connection fees or impact fees for the project have been paid to the city.

c.

Expiration: At least one of the items in subsections b.1. through b.5. must be accomplished within the two-year period of approval. If at least one of the items listed in subsections b.1. through b.5. above, is not accomplished within the two-year period, then the approved site plan shall expire and shall become null and void.

d.

Extension and reinstatement procedure:

1.

Prior to the lapse of approval for a site plan, the applicant may petition the city in writing to extend the site plan approval.

2.

Such petition shall be granted approval or denial by the city manager (or his/her designee).

3.

If no petition is submitted, then the site plan shall be deemed to have expired and shall become null and void. Any new request for site plan approval shall be deemed a "new permit," and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

4.

In determining whether to grant a request for extension, the city manager (or his/her designee) shall take into account:

(i)

The reasons for the lapse,

(ii)

The ability of the property owner to comply with any conditions attached to the original approval, and

(iii)

The extent to which development regulations would apply to the site plan at that point in time.

(Ord. No. 2009-O-4A, §§ (III)(12)(12.1—12.3), 4-14-09)