Beaumont City Zoning Code
ARTICLE 28
02 ADMINISTRATION
§ 28.02.001 Enforcement, violations and penalties.
(a)
Enforcement.
The provisions of this chapter shall be administered and enforced by the planning director or his designee. Each application for a building permit shall be accompanied by a site plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building and/or structure to be erected, and such other information as may be necessary to provide for the enforcement of this chapter.
(b)
Violations and penalties.
Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this chapter or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1.01.009 of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense.
(c)
Civil remedies.
In order to enforce the provisions of this chapter, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, sec. 8, adopted 12/14/82; 1978 Code, sec. 30-34)
§ 28.02.002 Issuance of building permits and utility service.
No building permit shall be issued, or public utilities extended or connected to a building or structure unless the application for the building permit provides for compliance with the building code, fire code, zoning code, subdivision code and other applicable codes of the city.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 92-62, sec. 6, adopted 8/11/92; 1978 Code, sec. 30-35)
§ 28.02.003 Allowable building types.
§ 28.02.004 Certificate of occupancy and compliance.
(a)
No existing building, structure or lot shall be changed in use; [and] no building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure shall be occupied or used for its intended purpose unless a certificate of occupancy and compliance shall first have been issued by the building official of the city certifying that the use, building, structure, lot or newly erected, enlarged or structurally altered part of a building or structure complies with the building code, fire code, zoning code, subdivision code and other applicable codes of the city.
(b)
Before an irrigation water meter can be installed at vacant lots that are to be used for agricultural purposes or for the keeping of livestock, a water meter permit must first be obtained. A backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 92-62, sec. 6, adopted 8/11/92; 1978 Code, sec. 30-36; Ordinance 12-059, sec. 1, adopted 8/28/12)
§ 28.02.005 Board of adjustment.
(a)
Creation.
There is hereby created a board of adjustment consisting of five (5) regular members and four (4) alternate members who shall serve in the absence of one or more regular members when requested to do so by the city manager. Each member of the board of adjustment shall be appointed by the mayor and confirmed by the city council for a term of two (2) years or until their successors are appointed and shall be removable for cause by the mayor and city council upon written charge and after public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the board of adjustment heretofore existing shall continue to serve as members of the board until the terms for which they were originally appointed expire. Members of the board shall serve without compensation.
(b)
Proceedings.
The board of adjustment shall adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicate 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 board and shall be a public record.
(c)
Appeal process.
Appeals to the board can be taken by any person aggrieved or by an officer, department, or board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.
(d)
Stay of proceeding.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, then by a restraining order which may be granted by the board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(e)
General powers.
The board shall have the following powers:
(1)
To hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The board must find the following in order to grant an appeal:
(A)
That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map.
(B)
That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated.
(C)
The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws.
(2)
To hear and decide special exceptions to the terms of this chapter. The term "special exception" shall mean a deviation from the requirements of the zoning ordinance, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest:
(A)
To reconstruct, extend, or enlarge a building occupied by a nonconforming use on the lost or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use.
(B)
To deviate yard requirements in the following circumstances:
(i)
An exception from the front yard requirements where the actual front yard setback of an abutting lot does not meet the front yard requirement or a rear yard exception where the actual rear yard setback of any four (4) or more lots in the same block do not meet the rear yard requirements of these regulations.
(ii)
A yard exception on corner lots.
(iii)
An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for a building hereafter constructed or extended, be the required minimum front yard depth.
(iv)
An exception from the minimum front yard requirements for owner identification signs where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulation.
(v)
An exception from a minimum interior side yard setback requirement for owner identification signs for existing businesses which were developed prior to April 1, 1981, where there is no safe place to erect a sign in compliance with the minimum setback requirements. A condition for granting of the exception is that the applicant must demonstrate that the sign shall not screen or obstruct the view of an existing sign, building, or outdoor display area.
(vi)
An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance (January 17, 1984).
(C)
To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies.
(D)
To grant an exception for ten (10) additional feet in height for an advertising sign when, in the board's judgment, the sign, at a lower height, will block an existing sign or structure from view or itself be blocked from view.
(3)
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 said laws will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. The term "variance" shall mean a deviation from the literal provisions of the zoning ordinance which is granted by the board when strict conformity to the zoning ordinance would cause an unnecessary hardship, because of circumstances unique to the property on which the variance is granted. Except as otherwise prohibited under subsection (j) [subsection (f)] hereof, the board is empowered to authorize a variance from a requirement of the zoning ordinance when the board finds that all of the following conditions have been met:
(A)
That the granting of the variance will not be contrary to the public interest; and
(B)
That literal enforcement of the chapter will result in unnecessary hardship, because of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary handicap" shall mean physical hardship relating to the property itself. The following may also be considered when determining "unnecessary handicap":
(i)
The cost of compliance with the zoning ordinance is greater than fifty (50) percent of the appraised value of the structure as shown on the most recent certified appraisal roll;
(ii)
Compliance would result in a loss to the lot on which the structure is located of at least twenty-five (25) percent of the area on which development may physically occur;
(iii)
Compliance would result in the structure not in compliance with a requirement of another city ordinance, building code, or other requirement;
(iv)
Compliance would result in the unreasonable encroachment on an adjacent property or easement; or
(v)
The city considers the structure to be a nonconforming structure.
As distinguished from a hardship relating to convenience or caprice, and the hardship must not result from the applicant's or property owner's own actions; and |
(C)
That by granting the variance, the spirit of the chapter will be observed and substantial justice will be done.
The applicant shall have the burden of proving to the board that the foregoing conditions have been met. |
(f)
Use variance prohibited.
No variance shall be granted to permit a use in a zoning district in which that use is prohibited.
(g)
Additional conditions.
The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.
(h)
Revocation or modification.
(1)
A variance or special exception may be revoked or modified for any of the following reasons:
(A)
That the variance or special exception was obtained or extended by fraud or deception.
(B)
That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated.
(C)
That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare.
(2)
An action to revoke or modify a previously granted variance or special exception may be initiated by order of the city council, the city manager, any member of the board, or the person who obtained the variance or special exception.
(3)
The board of adjustment shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions.
(i)
Notification and hearing process.
Any request for an appeal, variance or special exception shall require a public hearing before the board. Notice of said hearing shall be published at least one (1) time in a newspaper of the city, at least ten (10) days prior to the day of the hearing. A written notice of the hearing shall be sent to owners of property situated within two hundred (200) feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required. A processing fee as listed in the fee schedule of this code shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification of publication in the official newspaper, the fee shall be refunded.
(j)
Action of the board.
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(k)
Appeal from decision of board.
Any person aggrieved by any decision of the board of adjustment, or any officer, department or other board or commission of the city or the city council, may appeal the decision or action of the board of adjustment by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten (10) days from the day the board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional.
(l)
Reapplication.
No application for a variance, special exception, or appeal which has been denied shall be again filed earlier than one (1) year from the date of original denial.
(m)
Validity.
If an application is granted by the board, all permits necessary for the prosecution of the work must be obtained within one (1) year and construction completed within the time established by the building code. All previous applications approved by the board for which building permits have not been issued shall be valid only if a building permit is obtained within one (1) year after receipt of a written notice of the requirements of this section and construction must be completed within the time limits set forth in the building code. Written notice shall be considered received on the date such notice is mailed to the person, firm or corporation who received the variance addressed to the address of such person, firm or corporation as the same shall appear in the records of the planning department relating to the granting of such application.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-58, sec. 3, adopted 7/28/81; Ordinance 82-134, sec. 13, adopted 12/14/82; Ordinance 83-144, sec. 1, adopted 10/25/83; Ordinance 84-09, sec. 1, adopted 1/17/84; Ordinance 84-87, sec. 1, adopted 6/26/84; Ordinance 86-30, sec. 3, adopted 3/25/86; Ordinance 92-62, sec. 7, adopted 8/11/92; Ordinance 03-098, sec. 1, adopted 12/9/03; 1978 Code, sec. 30-37; Ordinance 23-037 adopted 4/25/2023; Ordinance 25-008 adopted 2/18/2025)
§ 28.02.006 Planning commission.
(a)
Creation.
The planning commission, created in accordance with article XVII, section 24, of the city charter, shall have the duties and responsibilities of the zoning commission provided for in V.T.C.A. Local Government Code, section 211.007.
(1)
The planning commission shall consist of nine (9) members and three (3) alternate members who are resident citizens and qualified voters of the city. The alternate members shall serve in the absence of a regular member in the conducting of commission business. The members of the planning commission shall be appointed by the city council for two (2) year terms, expiring on September 30 of odd-numbered years, or until a successor is appointed. The three alternate members shall be appointed by the mayor subject to approval of the city council for two (2) year terms, expiring on September 30 of odd-numbered years, or until a successor is appointed. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant for any cause in the same manner as the original appointment was made. The members of the planning commission existing on the effective date of this chapter shall continue to serve as members of the commission until the terms for which they were originally appointed expire.
(2)
Members of the planning commission shall serve without compensation.
(3)
Members of the planning commission shall be subject to removal at the will and pleasure of the city council.
(b)
Proceedings.
The planning commission shall adopt rules, regulations and bylaws to govern its proceedings; provided that such rules shall not be inconsistent with this chapter or the laws of the state. All meetings of the planning commission shall be open to the public. A full complement of the voting commission shall be nine (9). Five (5) regular and/or alternate members of the planning commission shall constitute a quorum for the transaction of business.
(c)
Powers and duties.
The planning commission shall have the following powers and duties:
(1)
To make studies and project plans for the improvement of the city, with a view toward its future development and extension, and to recommend to the city council all matters for the development and advancement of the city’s facilities, layout and appearance, and to perform all duties imposed upon the city planning commission by the statutes of the state.
(2)
To make plans and maps of the whole or any portion of the city and of land outside the city located within five (5) miles of the city which, in the opinion of the planning commission, bears a relation to the planning of the city, and to make changes in, additions to and extensions of such plans or maps when it deems same advisable.
(3)
To confer with and advise property owners pertaining to location and erection of structures in order to promote conformity to the overall city plan.
(4)
To aid and assist the city council in the preparation of budgets and determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each and all of the purposes herein enumerated.
(5)
To assist all other municipal and governmental agencies, and especially the city council, in formulating and executing proper plans of municipal development.
(6)
To plan and recommend the location, plan, and extent of city alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation, communication, marketing, and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of any of the foregoing public places, works, buildings, facilities, or utilities.
(7)
To select and recommend to the city council routes of streets, avenues, and boulevards, and particularly to investigate and recommend the opening, widening, or abandonment of streets, avenues, boulevards, and alleys or the changing thereof to conform with the city’s system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways.
(8)
To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within five (5) miles of the city limits, and to approve all plans, plats, or replats of additions within the city limits, or within five (5) miles of the city limits.
(9)
To recommend to the city council for adoption and promulgation rules and regulations governing plats and subdivision of land within the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community.
(10)
To recommend plans to the city council for improving, developing, expanding and beautifying the parks, parkways, bayous and streams, riverfront and yacht basins in or adjoining the city, and to cooperate with the city council and other agencies of the city in devising, establishing, locating, improving, selecting, expanding and maintaining the public parks, parkways, playgrounds and places for public recreation.
(11)
To aid and assist the city council by recommending plans for the development of civic centers.
(12)
To recommend the boundaries of the various districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the city council and to perform all other duties and exercise all other powers conferred upon it by the statutes of the state.
(13)
To suggest plans for clearing the city of slums and blighted areas.
(d)
Cooperation by other department heads and officials.
All department heads and officials of the city shall be available to the planning commission for advice and consultation, and they shall cooperate with and render such services for the department of planning as shall come within the scope of the duties of such department heads and officials. All such department heads and officials shall attend meetings of the planning commission upon the request of the city planning commission or its duly authorized official or officials.
(Ordinance adopted 4/2/46, sec. 4; Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-134, sec. 11, adopted 12/14/82; Ordinance 03-036, sec. 3, adopted 5/6/03; 1978 Code, sec. 30-38; Ordinance 15-050, sec. 1, adopted 11/10/15)
§ 28.02.007 Historic landmark commission.
(a)
Creation of historic landmark commission.
For the purpose of recommending historic-cultural landmark preservation designations and districts and for the purpose of approving or making recommendations on the construction, alteration, reconstruction, demolition, or relocation of buildings and structures on sites located within HC-L and HC-D zones, Historic-Cultural Landmark Preservation designation, there is hereby created a historic landmark commission. The historic landmark commission shall be composed and appointed as follows:
(1)
The historic landmark commission shall consist of twelve (12) members appointed by the city council, including the following:
(A)
One member shall be a member of the city planning commission.
(B)
One member shall be a licensed architect.
(C)
One member shall be a licensed attorney.
(D)
One member shall be a professional historian.
(E)
One member shall be a member of the Beaumont Heritage Society.
(F)
One member shall be a member of the Jefferson County Historical commission.
(G)
Six (6) members shall be appointed from the community at large. All members shall have knowledge and experience of the architectural, archaeological, cultural, social, economic, ethnic and political history of Beaumont.
(2)
The members of the historic landmark commission shall be appointed for a term of two (2) years, expiring on September 30 of odd-numbered years. Vacancies shall be filled for the remainder of the unexpired term of any member whose place becomes vacant for any cause.
(3)
Members of the historic landmark commission shall serve without compensation.
(4)
Members of the historic landmark commission shall be subject to removal at the will and pleasure of the city council.
(5)
Operational procedures shall be established by the historic landmark commission as follows:
(A)
The historic landmark commission shall adopt rules to govern its proceedings; provided that its rules are not in conflict with this chapter, other ordinances of the city, or laws of the state.
(B)
The city council shall select from the membership of the commission a chairman and vice-chairman of the commission.
(C)
The director of planning of the city shall serve as secretary for the commission and shall be responsible for taking minutes of the commission’s proceedings and filing them in the office of the city clerk.
(D)
The historic landmark commission shall meet on a monthly basis at an agreed-upon specified time and place. Special meetings shall be called by the commission chairman or by three (3) commission members.
(E)
Seven (7) members shall constitute a quorum, and all issued shall be decided by a simple majority vote of the members present and voting.
(F)
Notices of commission meetings shall be governed by V.T.C.A. Government Code, chapter 551 (Open Meetings Law), all meetings shall be open to the public, and minutes shall be kept of all commission proceedings.
(G)
All historic landmark commission public hearings on applications for certificates of appropriateness for exterior changes and on requests for the approval of demolitions or removals shall be noticed and advertised once by publication in a newspaper stating time, date and place of public hearing thereon at least seven (7) days prior to the date on which the public hearing is held.
(b)
Functions of the historic landmark commission.
The historic landmark commission shall:
(1)
Thoroughly familiarize itself with buildings, structures, sites, districts, areas, places and lands within the city which may be eligible for designation as historic-cultural landmarks.
(2)
Establish criteria and make recommendations to the planning commission and city council for determining whether certain buildings, structures, sites, districts, areas, places and lands should be awarded an historic-cultural landmark preservation designation or district status.
(3)
Establish guidelines for review, approval or denial of all requests for certificates of appropriateness and certificates of demolition of buildings, structures and sites located in HC-L, Historic-Cultural Landmark Preservation designation or HC-D, Historic-Cultural Landmark Preservation Districts.
(4)
Formulate plans and programs for public and private action for encouraging and promoting the preservation of historic-cultural landmarks.
(5)
Suggest sources of funds for preservation and restoration activities and acquisitions, including federal, state, private, and foundation sources.
(6)
Provide information and counseling to owners of historic-cultural landmarks.
(c)
Historic-Cultural Landmark Preservation designation.
The following procedure shall be followed in establishing an HC-L, Historic-Cultural Landmark Preservation designation:
(1)
Application process.
An application for an HC-L, Historic-Cultural Landmark Preservation designation may be submitted by the owner, or by a representative who has the expressed written approval of the owner, or by the city manager. The public hearing and notification procedures for a rezoning request shall be followed; provided that an additional public hearing before the historic landmark commission shall be required for an HC-L, Historic-Cultural Landmark Preservation designation, request.
(2)
Historic landmark commission.
The historic landmark commission shall hold a public hearing within thirty (30) days of the filing of the zoning application. Notice of public hearing before the historic landmark commission shall be given as provided for zoning hearings in section 211.007 of the Local Government Code of the state. The recommendation of the historic landmark commission shall be forwarded to the planning commission and city council.
(3)
Criteria to be used in designations.
The historic landmark commission, and the city council shall consider, but not be limited to, one or more of the following criteria in establishing an HC-L, Historic-Cultural Landmark Preservation designation:
(A)
Existing or proposed recognition as a national historic landmark, or Texas Historic Landmark, or entry or proposed entry into the National Register of Historic Places;
(B)
Existence of distinguishing characteristics of an architectural type or specimen, or of the social, economic, or political heritage of the city;
(C)
Identification as the work of a designer, architect, or builder whose work has influenced the growth or development of the city;
(D)
Embodiment of elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period;
(E)
Relationship to other buildings, structures, or places which are eligible for preservation as historic places;
(F)
Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, county, state or nation;
(G)
Location as the site of a significant historical event;
(H)
Listing in the S.P.A.R.E. Beaumont Survey;
(I)
Identification with a person or person who significantly contributed to the culture or development of the city, county, state or nation; and
(J)
A building, structure, or place that because of its location has become of historic or cultural value to a neighborhood or community.
(d)
Certificates of appropriateness.
No person or entity shall construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a building or structure located in an H-C, Historical-Cultural Landmark Preservation District, unless an application has been made to the historic landmark commission for a certificate of appropriateness and such certificate shall have been granted. The applicant shall pay a fee as listed in the fee schedule of this code for the issuance of a certificate of appropriateness. The term “exterior architectural feature” shall include but not be limited to the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures.
(1)
Application procedure.
Applications for certificates of appropriateness shall be made to and on a form furnished by the secretary of the commission, and shall include two (2) copies of all detailed plans, elevations, perspectives, specifications, and other necessary documents pertaining to the work.
(2)
Public hearing.
Within thirty (30) days of the receipt of a completed application for a certificate of appropriateness, the historic landmark commission shall hold a public hearing. Public notice of such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing.
(3)
Review.
Upon review of the application in open meeting, the historic landmark commission shall determine whether the proposed work is of a nature which will adversely affect any exterior architectural feature, and whether such work is appropriate and consistent with the spirit and intent of this chapter. The historic landmark commission shall forward, through its secretary, either a certificate of appropriateness or its written determination of disapproval, and their reasons therefor, to the applicant and the building official. If no action has been taken by the commission within sixty (60) days of receipt of the application, a certificate of appropriateness shall be deemed issued by the historic landmark commission.
(4)
Changes.
No change shall be made in the plans on which a certificate of appropriateness was issued, without resubmittal to the historic landmark commission and approval thereof in the same manner as provided above for processing the original application.
(5)
Exemptions.
Ordinary repair and maintenance which do not involve changes in architectural and historical style or value, general design, structural arrangement, type of building material, primary color or basic texture are exempt from the provisions of this section.
(e)
Certificates of demolition or relocation.
No person or entity other than a state, city, county, or federal government fee simple owner, shall demolish or relocate any building or structure awarded an HC-L, Historic-Cultural Landmark Preservation designation, unless a certificate of demolition or relocation has first been issued.
(1)
Application procedure.
Applications for certificates of demolition or relocation shall be made to, and on a form furnished by, the secretary of the historic landmark commission.
(2)
Public hearing.
Within thirty (30) days of the receipt of a completed application for a certificate of demolition or relocation, the historic landmark commission shall hold a public hearing. Public notice of such hearing, setting forth the date, time and place scheduled for such hearing, and the purpose thereof, shall be published in a newspaper one time at least seven (7) days prior to the date scheduled for such hearing. Notice thereof shall also be mailed to all owners of real property within a two-hundred-foot radius of the subject property, such notice to be given not less than seven (7) days prior to the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll.
(3)
Review.
In evaluating a request for a certificate of demolition or relocation, the historic landmark commission shall consider the following: its architectural or historical significance, the state of repair of the building or structure in question, the reasonableness of the cost of restoration or repair; the existing and/or potential usefulness of the property including economic usefulness; the effect that such removal or demolition will have upon buildings, structures, and places in the vicinity of the property in question; and all other factors it finds necessary and appropriate to carry out the intent of this chapter. If, based upon such considerations, the historic landmark commission determines that the building or structure should not be demolished, this decision shall be forwarded to the city council for review and final decision. If no action is taken by the historic landmark commission within sixty (60) days of the receipt of a completed application, a certificate of demolition or relocation shall be deemed issued. The city council shall act upon a request for a certificate of demolition or relocation within thirty (30) days of the receipt of the application from the historic landmark commission.
(4)
Conditions for approval.
In granting a certificate of demolition or relocation, the historic landmark commission or the city council must find that the interests of preserving historical values and the purposes and intent of this chapter will not be adversely affected by the requested demolition or removal, or that the interests will be best served by removal or relocation to another specified location.
(f)
Omission of necessary repairs.
Buildings and structures awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be maintained so as to ensure the exterior and interior structural soundness and integrity of the landmark and its exterior architectural features.
(1)
Determination of omission.
If the historic landmark commission determines that there are reasonable grounds to believe that a building or structure or an exterior architectural feature thereof is structurally unsound, the commission shall notify the owner of record of the property and hold a public hearing to determine compliance with the provisions of this chapter.
(2)
Mandated repairs.
If, at the conclusion of the public hearing, the historic landmark commission finds that the building or structure or its architectural features are structurally unsound or in immediate danger of becoming structurally unsound, said commission shall advise the property owner and direct repair of the property. The property owner shall satisfy the commission, within ninety (90) days of the decision of said commission, that all necessary repairs and maintenance to safeguard structural soundness and integrity have been carried out and completed.
(g)
Appeals.
Appeals from a decision of the historic landmark commission or from the city council must be filed in district court within thirty (30) days of said decision.
(h)
Demolition.
Any person or entity other than a city, county, state, or federal government fee simple owner that demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity of a historic structure or property located within the city that has been designated as historic by the city, county, or federal government and on file with the county clerk, without first obtaining the appropriate demolition of building permits before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical or visual integrity of the structure or property shall be subject to the remedies allowed under section 315 of the Local Government Code of the state. The secretary of the historic landmark commission shall maintain a list of the historically designated properties within the city limits and file it with the county clerk for the enforcement of this section.
(i)
Notice.
No building permit shall be issued for the demolition, relocation, or adverse modification of the structural, physical, or visual integrity of any building or structure as determined by the secretary that has been designated historical by a county, state or federal government without first giving the secretary of the historic landmark commission thirty (30) days’ written notice.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-102, sec. 1, adopted 8/31/82; Ordinance 84-88, sec. 7, adopted 6/26/84; Ordinance 90-60, sec. 1, adopted 10/9/90; Ordinance 92-3, secs. 1, 2, adopted 1/7/92; Ordinance 93-28, sec. 2, adopted 6/29/93; Ordinance 03-098, sec. 2, adopted 12/9/03; 1978 Code, sec. 30-39; Ordinance 15-050, sec. 2, adopted 11/10/15; Ordinance 16-012, secs. 1–2, adopted 3/15/16 ; Ordinance 25-008 adopted 2/18/2025)
§ 28.02.008 Changes, amendments, and specific use permits.
(a)
Authorization.
The city council may, from time to time, amend, supplement, or change by ordinance the boundaries of the zoning districts or the regulations herein established, or issue or revoke specific use permits. Zoning changes may be initiated by the city council, planning commission or city planning staff. Zone change applications from the public shall be accepted only from property owners, their agents with written authorization, or those with valid contracts for purchase of the property for which rezoning is being requested.
(b)
Recommendation by planning commission.
Before taking any action on any proposed amendment, supplement, change or a specific use permit, the city council shall submit the same to the planning commission for its recommendation and report. The planning commission shall hold a public hearing before submitting its recommendation and report to the city council.
(c)
Public hearing and notification requirements.
(1)
No regulation, restriction or zoning district boundary shall be amended, supplemented or changed and no specific use permit approved or revoked until after a public hearing in relation thereto is held by the planning commission and city council at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the city. The city council may hold any public hearing jointly with any public hearing required to be held by the planning commission.
(2)
Written notice of all public hearings before the planning commission and city council on proposed changes in classification shall be sent to owners of real property lying within two hundred (200) feet of the property on which the change in classification is proposed, such notice to be given, not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Protests must be received prior to the close of the public hearing in order to invoke the protest provisions of this section of the chapter. Protests shall be accepted only if made in writing and the signature of one owner shall be sufficient for property owned under joint tenancy.
(d)
Protest.
The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change [has been filed], signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the city council.
(e)
Application fee.
Any person, firm or corporation applying for a change in the zoning district classification of any property or a specific use permit shall be required to pay an application processing fee as listed in the fee schedule of this code if the property involved is less than one-half (1/2) acre; if the property involved is greater than one-half (1/2) acre but less than five (5) acres; and if the property involved is greater than five (5) acres. The processing fees as established in the fee schedule of this code shall be paid at the time of the filing of an application. In the event the application is withdrawn prior to the mailing of the required written notification or publication in a newspaper, the fee shall be refunded. Any person, firm or corporation requesting an abandonment of city right-of-way or easements shall be required to pay an application processing fee as listed in the fee schedule of this code at the time of such application. The fee for processing other requests under the other business category shall be as listed in the fee schedule of this code, required at the time of application.
(f)
Time of action.
If city council does not approve a request for a specific use permit or a zone district boundary change within sixty (60) days of the public hearing at which the request was heard, the request shall be automatically denied unless this time limit is extended by action of the city council. This time limit can be waived with consent of the applicant.
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-110, sec. 1, adopted 9/14/82; Ordinance 82-134, sec. 9, adopted 12/14/82; Ordinance 83-144, sec. 2, adopted 10/25/83; Ordinance 85-120, sec. 3, adopted 11/26/85; Ordinance 92-62, secs. 8, 9, adopted 8/11/92; Ordinance 98-7, sec. 12, adopted 2/3/98; Ordinance 03-098, sec. 3, adopted 12/9/03; 1978 Code, sec. 30-40; Ordinance 25-008 adopted 2/18/2025)