(a)

A planning and zoning commission is hereby established under City Charter Section 3-7, consisted of five regular members of the residents of the City of Beeville to be filled by nomination and appointment, of a three-year term, by the city council.

(b)

The city council may remove a member from cause.

(c)

Vacancy shall be filled for the unexpired term of any member whose term becomes vacant. Terms of current members shall expire at the end of the terms for which they were appointed, either as full-term members or as replacement members where vacancies had occurred.

(d)

The commission shall adopt rules in accordance with the provisions of this article. The commission shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The commission shall keep records of its examinations and other official actions. The minutes and records shall be filled immediately in the city secretary's office and are public records.

(e)

Any four members shall constitute a quorum for the transactions of any business before the commission. The concurring vote of a majority of the members (4) of the commission shall be necessary for the determination of any question or matter upon which it is required to recommend to the city council.

(f)

The authority of the planning and zoning commission:

(1)

To review and prepare recommendation of a creation of, or modification the comprehensive plan to the city council,

(2)

To consider and approve subdivision requests,

(3)

To consider and recommend plan for the clearance of slum districts and rehabilitation of blighted areas,

(4)

To consider and proposed plan for the re-planning, improvements, and redevelopment of neighborhoods a d for the re-planning, reconstruction or redevelopment of any areas or district which may have been destroyed in whole or in part by natural disaster,

(5)

To review and recommend requests to amend the official zoning map of the city,

(6)

To review and recommend requests to amend the official zoning ordinance of the city,

(7)

To recommend plans for improving and beautifying the parkways and streams and to cooperate with the city council in its devising and selection of public parks, parkways, playgrounds, and other places for public recreation,

(8)

To review and recommend to the city council for the development and advancement of the city's physical layout and appearance.

(g)

Any proposed amendment or changes, either recommended by the planning and zoning commission or objected by property owner of 20 percent or more of the area of the lots included in such proposed changes, or those immediately opposite there, extending 2,000 feet from the street frontage of such opposite lots, shall not become effective except by a vote of three-fourths of the members of the city council.

(h)

Decision criteria for considering zoning amendment:

(1)

Text amendment

a.

Whether the text amendment is to correct errors in the zoning ordinance.

b.

Whether the text amendment clarify the intent of the zoning ordinance.

c.

Whether the text amendment is to address new trends and changes in the planning field.

d.

Whether the amendment is consistent with the comprehensive plan

(2)

Map amendment

a.

Whether the map amendment is to conform more to the comprehensive plan.

b.

Whether the map amendment is to reflect the recent development patterns necessitate the changes.

c.

Whether the map amendment is to address legitimate need for additional land area of the zoning district that need to expand.

(Ord. No. 2387, 6-22-2021)

Editor's note— Ord. No. 2387, adopted June 22, 2021, set out provisions intended for use as § 56-30. Inasmuch as there were already provisions so designated, and at the discretion of the editor, the provisions have been redesignated as § 56-27.

The development service director, or his/her designee shall serve as the zoning administrator.

The zoning administrator shall be responsible for:

(1)

Maintaining the zoning ordinance, the zoning map and all records of zoning proceeding and cases.

(2)

Interpreting the provisions of the zoning ordinance to members of general public, other city department and elected and appointed officials.

(3)

Advising and reviewing application from members of the general publics on zoning matters.

(4)

Approve permits authorized by the zoning ordinance.

(5)

Enforce all provisions of the zoning ordinance.

(Ord. No. 2387, 6-22-2021)

(a)

A board of adjustment is hereby established under City Charter Section 12-9, consisted of five regular members of the residents of the City of Beeville to be filled by nomination and appointment, of a two-year term, by the city council.

(b)

The city council may remove a regular member from just cause.

(c)

Vacancy shall be filled for the unexpired term of any member whose term becomes vacant. Terms of current members shall expire at the end of the terms for which they were appointed, either as full-term members or as a replacement members where vacancies had occurred.

(d)

The board shall adopt rules in accordance with the provisions of this article. The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filled immediately in the city secretary's office and are public records.

(e)

Any four members shall constitute a quorum for the transactions of any business before the board. The concurring vote of a majority of the members (4) of the board shall be necessary for the determination of any question or matter upon which it is required to pass under this article, or to affect any variation in such ordinance.

(f)

The authority of the board of adjustment:

(1)

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 article.

(2)

Hear and decide special exceptions to the terms of the zoning ordinance where the ordinance requires the board pass under such ordinance.

(3)

To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owning to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and the granting such variance will not be injurious to the adjoining properties and so the spirit of the ordinance shall be observed, and substantial justice is done

(g)

The board shall review variance requests based on the following criteria:

(1)

The existing conditions and/or circumstances relating to the property that would create practical difficulties for the property owner if strict conformance to the requirements to this article.

(2)

The variance to be granted is minimum variance possible and other alternative for resolving the conflict between the applicant's plan and the requirements of the zoning ordinance are impractical.

(3)

The granting of the variance will not be injurious to surrounding properties and the general neighborhood or be otherwise detrimental to the public welfare.

(4)

The granting of the variance is for a compelling reason and not simply because the applicant's plan conflict with the zoning ordinance where reasonable alternatives are available.

(5)

The circumstance of the request is not created by the applicant.

(6)

The granting of the variance will be in harmony with the general spirit, intent and purpose of this zoning ordinance.

(h)

Appeal to the board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the chair of the board of adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee as provided in the city fee schedule of the city.

(i)

An appeal stays 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 reasons of facts stated in the certificate a stay would, in his opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and on notice to the officer from whom the appeal is taken and on due cause shown.

(j)

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

(k)

The concurring vote of four 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 manner upon which it is required to pass under such ordinance, or to affect any variation in such ordinance.

(l)

Any person or persons, aggrieved by any decision of the board of adjustment, or any office, department, board of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part specifying the grounds of the illegality. Such petition shall be present to the court within ten days after the filling of the decision in the office of the board of adjustment.

(Code 1973, app. A, § 21; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 21, 4-24-1973; Ord. No. 1255, § I, 3-8-1977; Ord. No. 1114-B, 11-27-2012; Ord. No. 2387, 6-22-2021)

(a)

The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. The city council shall not receive nor consider, nor submit to the planning commission of the city, any request or petition for a change of zone of any property, the use of which is controlled by this chapter, unless and until there shall be paid to the tax collector of the city, by the petitioner or proponent of such change a filing fee as provided in the city fee schedule, which filing fee shall not be refunded to the payor thereof.

(b)

Before taking any action on any proposed amendment, supplement or change, the city council shall submit the same to the city planning commission for its recommendation and report.

(c)

A public hearing shall be held by the planning commission to examine, review, and analyze the proposed amendment and to make its recommendation to the city council.

(d)

A second public hearing shall be held by the city council before adopting any proposed supplement, amendment, or change. Notice of such hearing shall be given by publication one time in the official paper or a paper of general circulation of the city, stating the date, time, and place of such hearing, which time shall not be earlier than ten days from the first day of such publication.

(e)

Unless such proposed amendment, supplement or change has been approved by the city planning commission or if a protest against such amendment, supplement or change has been filed with the building inspector, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or those immediately opposite thereto, extending 200 feet from the street frontage of such opposite lots, such amendment, supplement, or change shall not become effective except by a vote of three-fourths of the members of the city council.

(Code 1973, app. A, § 22; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 22, 4-24-1973; Ord. No. 1255, § II, 3-8-1977; Ord. No. 1114-B, 11-27-2012; Ord. No. 2436, § 1, 12-12-2023)

No permit for the erection, alteration, or enlargement of any building shall be issued by the building inspector unless there first be filed in his office by the applicant therefor, a plat, drawn to scale, and in such form as may be prescribed by the building inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered and enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the building inspector may require in the enforcement of the provisions of this chapter, and any failure to comply with the provisions of this article shall be good cause for the revocation of any such building permit by the building inspector. A record of such applications and plats shall be kept in the office of the building inspector.

(Code 1973, app. A, § 17; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 17, 4-24-1973; Ord. No. 1114-B, 11-27-2012)

(a)

No vacant land shall be occupied or used except for agricultural uses, until a certificate of occupancy shall have been issued by the building inspector.

(b)

No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a certificate of occupancy and compliance shall have been issued by the building inspector, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.

(c)

Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certification shall be kept on file in the office of the building inspector. No fees shall be charged for a certificate of occupancy.

(d)

No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.

(e)

A certificate of occupancy shall be required of all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed within 12 months from the effective date of the ordinance from which this article is derived, with the building inspector.

(Code 1973, app. A, § 19; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 19, 4-24-1973; Ord. No. 1114-B, 11-27-2012)

(a)

Purpose. Planned developments incorporate land uses and development patterns that are intended to permit and encourage creative and flexible land development that is not permitted by-right under the administrative regulations of underlying zoning districts. The planned development is particularly well suited to address two distinct goals of the comprehensive plan: to provide for environmentally sensitive and cohesive developments that are an attractive alternative to traditional subdivision and infill development that fully utilizes available land and existing utility resources where they already exist.

(1)

Planned developments share these common goals:

a.

Protect the neighbors of a planned development and the city in general to at least the same degree normally inherent in the zoning code.

b.

Produce a development equal to or better than that resulting from single-use or traditional subdivision

c.

Facilitate the construction of a variety of dwelling types to serve comprehensive plan goals of diverse and affordable housing.

d.

Have a site and situation that permits comprehensive planning both on the site and relative to its immediate surroundings.

e.

Result in a design in which the placement, height, and uses of buildings, vehicle management areas, and open spaces efficiently utilize potentials of the site.

f.

Include covenants, easements, and other private measures that will help ensure the long-term administrative viability of a development.

g.

Be functional within a time period that helps ensure a viable development.

h.

Minimize removal or destruction of existing natural features such as mature trees.

(2)

Infill development also satisfies the following goals:

a.

Fully utilize sites that could not be fully utilized because of their shape or because of their location relative to available public access.

b.

Increase geographic efficiencies of existing utilities such as public streets, water, sewer, electric, telephone, and cable by using them where they are already available.

c.

Help keep development from sprawling to and beyond the municipal boundaries of Beeville.

(3)

Open space development also satisfies the following goals:

a.

Retain natural areas and landscapes.

b.

Protect environmentally sensitive land and water features.

c.

Retain or create active and passive open spaces that serve the recreation needs of the development or the city generally.

d.

Lessen the land area devoted to vehicle management.

e.

Preserve natural scenic views that contribute to the Beeville setting.

(b)

Approval requirement. Each planned development shall be approved according to the provisions of this chapter.

(c)

Effect of approval. A planned development shall be valid only for the specific land uses, location, physical arrangement, and covenants and restrictions approved in a final plan.

(d)

Procedure. Applications for a planned development shall be filed with the zoning administrator. An application shall be complete prior to being scheduled for a public hearing. An application will be considered complete only if the zoning administrator is satisfied that all of the materials required by this chapter are included and are sufficient in their content to satisfy the intent of the application requirements.

(1)

Pre-application conference. Prior to filing a formal application for approval of planned development, the developer shall request a pre-application conference with the zoning administrator. The purpose of such conference is to allow the developer to present a general concept of this proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:

a.

Written letter of intent from the developer establishing developer's intentions as to development of the land.

b.

Topographic survey and location map.

c.

Sketch plans and ideas regarding water supply, sewage disposal, surface drainage, and street improvements.

d.

The zoning administrator shall advise the developer of applicable zoning requirements and comprehensive plan elements and the procedural steps for approval.

(e)

Application. The application requirements for a preliminary and final planned development are different. The final planned development application requires a greater degree of accuracy and completeness than does the preliminary planned development application. This section describes the application content requirements for each step of the process. Seven complete sets of all information shall be submitted with each preliminary and final application. The zoning administrator may modify this requirement based upon the type of materials included. The applicant shall contact the zoning administrator prior to submitting an application to discuss the submission requirement.

If any information is submitted in color or on non-standard paper, more copies may be required.

(1)

Preliminary plan.

a.

Application fee.

b.

The name, mailing address, and telephone number of the applicant and all property owners.

c.

If the applicant is not the owner, or if there are multiple owners within the proposed area, a statement from all owners that the applicant is entitled to apply on their behalf, and that they agree to be legally bound to any decision reached according to this chapter.

d.

The name, mailing address, and telephone number of any planner, engineer, surveyor, or other design professional who assisted with preparation of the plans.

e.

Description of use and site. A written, detailed description shall include the following information. A separate response is required for each subsection.

1.

A legal description of the site, including all separate lots.

2.

A description of the existing uses of the site.

3.

The zoning districts in which the site is located.

4.

A description of the proposed planned development.

i.

The number of housing units by size and type proposed within each phase.

ii.

A description of any nonresidential operations, including type of goods sold, services performed, and expected number of customer, clientele, delivery, and service vehicles.

iii.

The hours of operation of any nonresidential use.

iv.

A phased development schedule, if applicable, that indicates the location and timing of phases and demonstrates that each completed phase would form a reasonably independent unit if succeeding phases were abandoned.

5.

A narrative statement that evaluates the compatibility of the proposed planned development with the general vicinity and adjacent properties.

i.

How the proposed uses are similar to or different from existing area uses and if there will be any interaction between the proposed site and adjacent sites.

ii.

How any existing structures, proposed structures, and the site design relate to adjacent structures and sites.

iii.

If the proposed uses will involve any operations that create potential nuisances such as excessive noise, lighting, odor, fumes, vibration, or emissions.

iv.

How any potential negative effects on adjacent land will be mitigated.

6.

A statement about why the location proposed is appropriate for the planned development.

7.

A statement of the necessity or desirability of the proposed planned development to the neighborhood or community.

8.

How the proposed mix of dwelling types and/or commercial uses advances community goals of diversity, affordability, and market changes (e.g., adaptability of flats versus townhomes)

9.

Proposals for the provision of public utilities and services, if insufficient or not available for the planned development, or for the provision of suitable private utilities and services.

10.

A general analysis of expected traffic impact, including vehicular and pedestrian safety, resulting from the proposed development.

11.

The substance of proposed covenants, easements, and other restrictions on the land and structures.

12.

A list of the names and mailing addresses of all landowners within 200 feet of the site.

13.

Such other information regarding the proposed uses, site design, or surrounding area may be pertinent to the application or required by planning commission or council.

f.

Site plan. A scaled site plan prepared by a surveyor or engineer licensed in the State of Ohio shall include the following information in detail. The required information may be submitted on multiple site plans if inclusion of all information on a single plan makes it illegible or difficult to understand.

1.

North arrow.

2.

Scale.

3.

Vicinity map.

4.

All existing and proposed lot lines within the site.

5.

Dimensions of all lots and of the entire site and any adjacent rights-of-way.

6.

The location and intended purpose of all open spaces.

7.

Approximate location, height, dimensions, and use of all proposed and existing structures.

8.

Approximate location and number of different uses (i.e., dwelling types and/or commercial uses)

9.

Approximate location and design of all proposed vehicle and pedestrian routes and nonresidential vehicle management areas.

10.

Approximate location and size of all existing and proposed utilities that will serve the planned development.

11.

Approximate location, size, and type of all proposed signs.

12.

Approximate location, height, and type of all proposed screening and landscaping.

13.

Distances to residential zoning districts if within 1,000 feet.

14.

The use of land and location of structures on adjacent property and across adjacent rights-of-way.

15.

The location of any nearby schools and commercial facilities.

16.

Other information as required by the planning commission or council.

g.

Landscape plan.

1.

The plan shall demonstrate compliance with the requirements of Chapter 1148.

h.

Elevations. Elevations of proposed structures or typical elevations if structures are not yet designed.

i.

Other. Photographs of the existing site and its surroundings.

j.

Digital submittal. Adobe PDF version of all information submitted to also be submitted on a current digital format.

(2)

Final plan.

a.

The same items and information as required for the preliminary plan, except that the approximations shall be refined to specific locations, dimensions, and descriptions.

b.

A detailed traffic impact analysis, including all modes of transportation, prepared by a qualified professional engineer

c.

Any additional description or information requested by the planning commission or council during the preliminary plan approval process.

d.

Detailed agreements, contracts, deed restrictions, and sureties that will be used to guarantee performance of the development during and after construction.

(f)

Planning and zoning commission and council review. A preliminary plan shall be approved prior to approval of a final plan, although the processes can be concurrent for small, single-phase developments. Both preliminary and final plan approval require a planning commission recommendation and council approval.

The planning and zoning commission shall base its review of a proposed planned development upon the complete application, upon any staff report, and upon any relevant and credible public comment presented during the public hearing. The council shall base its decision on the same materials and shall also consider the planning and zoning commission recommendation.

The general decision standards for approval of a preliminary and final planned development are substantially similar. The final plan requires greater detail and is subject to additional decision standards.

If, at any time, the planning and zoning commission or council finds that the information provided is insufficient to make a determination, it may suspend its review until sufficient information has been provided.

(1)

Burden of proof. The planning and zoning commission has no obligation to recommend approval and the city council has no obligation to approve a planned development. This zoning code assumes that a planned development is appropriate only if an applicant proves that the proposed uses and design will not be detrimental to the public health, safety, or general welfare of the city or the neighborhood in which it is proposed.

Applicants shall prove that potential negative impacts of elements such as location, size and extent of facilities and operations, site design, traffic generation, site access, and potential impact upon public facilities will be adequately mitigated.

(2)

General decision standards. All planned developments shall satisfy these general decision standards:

a.

The proposed planned development is in fact permitted in the zoning districts in which it is proposed.

b.

If the application is for the same site where a planned development application has been denied within one year, the plan is substantially different from the application so denied.

c.

The uses and site plan will satisfy the general intent of this zoning code.

d.

The uses and site plan will be compatible with the general intent of the comprehensive plan.

e.

The size and shape of the site are sufficient for the proposed planned development.

f.

The use will not be hazardous or disturbing to existing or potential future neighboring uses that are permitted in the zoning district.

g.

The use will not involve activities, processes, materials, equipment, or conditions of operation that will be detrimental to any person, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, or other emissions.

h.

Accessory uses will be directly related to the operation of the principal uses and will not be operated independent of the principal uses.

i.

The use and site will be adequately served by public facilities and services such as streets, water and sewer, drainage structures, police, and fire protection, and refuse disposal, or adequate provisions will be made to provide the same services privately.

j.

Development of the site and operation of the use will not require substantial public expenditure for additional infrastructure or services.

k.

The site will be designed, constructed, and maintained in a character harmonious in appearance and general character with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. Structures to be constructed, reconstructed, or altered in a residential zoning district shall have the appearance of residential buildings permitted in the zoning district.

l.

The site is designed so that on-site traffic and traffic accessing the site will not adversely impact the movement or safety of all modes of traffic on adjacent public streets.

m.

Proposed construction will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

n.

Proposed construction will not result in the complete elimination of existing mature tree canopy. Effort shall be made to direct disturbance and construction around or away from existing mature tree canopy without completely taking away use of the site or connectivity to existing infrastructure. (Ord. 3562. Passed 5-5-20.)

(3)

Additional final plan decision standards.

a.

The final planned development shall substantially conform to the preliminary plan.

b.

Any substantial changes from the preliminary plan improve the plan or were requested by planning and zoning commission or council as a part of the preliminary plan approval process.

c.

If the final plan seeks approval of only a portion of the approved preliminary plan, the elements of the proposed phase are sufficient to stand alone if the remainder of the planned development is abandoned.

(g)

Action by planning and zoning commission and council.

(1)

The planning and zoning commission shall recommend to council approval, approval with conditions, or denial of an application as presented and shall clearly state the findings upon which its recommendation is based.

(2)

The planning and zoning commission shall base its recommendation and council its decision upon how well the application satisfies the decision standards. Planning and zoning commission, in its recommendation, and council in its decision may waive or modify dimensional regulations of the zoning code, or impose more strict regulations and any additional conditions, guarantees, and safeguards it deems necessary to satisfy the purposes of this zoning code.

(3)

Council may require the developer to file performance bonds with the city to guarantee completion of any public utilities associated with the planned development and any elements of the plan that are necessary to its success, if abandoned by the developer.

(h)

Recording, permits, and occupancy.

(1)

Recording.

a.

An approved final plan must be filed with clerk office of the bee county in legal instruments acceptable to the law director to ensure that all property divisions, rights-of-way, easements, covenants, restrictions, agreements, and the like are bound upon the land and its owners before any development permits are issued. All instruments so recorded shall bear the signatures of the city secretary office, the public works director/city engineer, and the zoning administrator.

b.

Any performance bonds required to guarantee the performance of the development during and after development shall be accepted by the city clerk before any development permits are issued.

(2)

Building permit.

a.

No development permits shall be issued until a final plan has been approved by the city and recorded as described in this section.

b.

Construction permits shall not be issued unless the plans substantially conform to those approved by council or changes to the plans are mandated in accordance with the provisions of this chapter. Any changes to a planned development that are not approved by the zoning administrator shall constitute a violation of the zoning code.

(3)

Building use or occupancy.

a.

No building use or occupancy will be permitted until all public utilities and streets have been accepted by council, any private facilities that serve the same purposes have been approved by the public works director/city engineer, and all aspects of the final plan have been fulfilled to the satisfaction of the zoning administrator.

(i)

Period of validity.

(1)

Preliminary plan. A preliminary planned development approval shall be valid for two years. If an application for a final planned development has not been filed within two years, the preliminary planned development approval is considered null and void. If the scope of the approved preliminary plan has not changed and the proposed use and site plan still satisfy the decision standards, the planning and zoning commission shall grant a one year extension. No more than two extensions shall be granted.

(2)

Final plan. A final planned development approval shall be valid for one year. If an approved final planned development has not been substantially established within one year of its approval, or if construction falls more than one year behind the approved schedule, the zoning administrator shall consider the approval null and void and shall not issue any additional permits for the development. If the scope of the approved final plan has not changed and the proposed use and site plan still satisfy the decision standards, the planning and zoning commission shall grant a one year extension. No additional extensions shall be granted for the final planned development.

(3)

Extension procedure. No application materials are required; however, the zoning administrator may request information he or she deems necessary for the planning and zoning commission to make a decision. The planning and zoning commission shall consider the request at its next regularly scheduled meeting. Such requests will not require a public hearing.

(j)

Changes to a planned development.

(1)

Minor changes to an approved final planned development. The developer of an approved final planned development may submit a written request for approval of changes to the plan or development schedule. The zoning administrator and the planning and zoning commission chair together may administratively approve changes to a planned development if such changes:

a.

Do not change the use

b.

Are of a magnitude that will not substantially alter the appearance of the development from off of the site

c.

Will not substantially or detrimentally affect the provision of public services to the site or general vicinity

d.

Will not substantially or detrimentally increase potential demand on public or private utilities

e.

Are not of a scope, scale, or character, that would cause a negative impact on adjoining properties and neighborhood

f.

Are not contrary to and in no way diminish the intent of the originally approved plan

Administrative approvals shall be clearly documented, made part of the original final planned development on file, and the details of any such changes shall be reported to the planning and zoning commission at its next regularly scheduled meeting.

(2)

Major changes to approved planned development. Any proposed changes to an approved planned development that do not meet the criteria of a minor change are considered a major change. A major change requires an entirely new preliminary planned development application (including the fee), according to the provisions of this chapter.

(3)

Changes to a planned development not procedurally approved. An existing planned development that was not approved according to the provisions of this chapter and was never approved by a legislative, quasi-judicial, or administrative review, and that was legal at the time of its establishment is considered an approved planned development and is subject to the provisions of this chapter.

(k)

Reapplication.

(1)

No application for a planned development that is substantially similar to an application that has been denied, wholly or in part, shall be accepted for one year from the date of denial. The zoning administrator shall determine if a similar application differs enough to be considered a different application and not subject to this section. The zoning administrator may consider factors such as the nature or size of a proposal, changes in the development or traffic patterns of the area, or newly discovered evidence pertinent to a decision on a previous application.

(l)

Design.

(1)

Arrangement. The physical arrangement of a planned development is not subject to the specific dimensional regulations that apply in the underlying zoning district, except as specifically noted in this chapter. Land uses may be distributed throughout the site and throughout individual buildings in whatever manner is best suited to a particular planned development. Structures, vehicle management areas, open spaces, landscaping, and other elements may be distributed throughout the site in whatever manner is best suited to a particular planned development and the surrounding area.

(2)

Land area. A planned development shall be a minimum of one five contiguous acre or more.

(3)

Land use.

a.

The following land uses are permitted in proportion to those portions of a planned development that overlay an existing residential zoning district:

1.

Any land use permitted in any residential zoning district in this Code, except mobile homes.

2.

Institutional, public, and semi-public land uses that serve the planned development or the general public.

3.

Commercial land uses, if the total land area of the planned development is greater than ten acres and if the commercial land use is intended to serve the planned development only.

Such commercial land uses shall be limited as follows:

i.

No signs that are visible from outside of the development.

ii.

No direct vehicular access to a public thoroughfare.

iii.

No less than 95 percent of the total land area shall be devoted to residential land uses.

iv.

No separate structure intended to be used, in whole or part, for commercial land uses shall be constructed prior to the construction of not less than 50 percent of the dwelling units.

b.

The following land uses are permitted in proportion to those portions of a planned development that overlay an existing commercial zoning district:

1.

Any land use permitted in the underlying zoning district.

2.

Any land use permitted in any residential zoning district in this Code, except mobile homes.

c.

The following land uses are permitted only in the portions of a planned development that overlay an existing industrial zoning district:

1.

Any land use permitted in the underlying zoning district.

d.

The land uses permitted in a planned development may be distributed as follows:

1.

If a single planned development overlays more than one zoning district, then the land uses permitted according to this section may be distributed throughout the entire planned development site.

2.

If a planned development includes land uses permitted only in an industrial zoning district, then those land uses may only be located in that portion of the planned development that overlays the industrially zoned land.

(4)

Residential density. Residential density shall not exceed 120 percent of the density permitted in the underlying zoning district. Residential land uses in a planned development that overlays a commercial zoning district shall not exceed the density of the R-2 Second single-family residential zoning district. Area devoted entirely to non-residential land uses, including buildings, vehicle management areas, and other associated land use elements shall be excluded from the area used to calculate residential density.

(5)

Dimensional regulations.

a.

Building heights shall be limited as in the underlying zoning district, regardless of land use.

b.

Front setbacks shall be limited as in the underlying zoning district.

c.

All buildings and vehicle management areas shall be setback from the perimeter of a planned development no less than:

1.

Residential zoning district—25 feet.

2.

Commercial zoning district—25 feet.

3.

Industrial zoning district—50 feet.

(6)

Open space.

a.

No planned development shall have less than 20 percent open space, which includes any area not less than 50 by 50 feet, not including the required setbacks, and includes nothing other than natural area.

b.

Lot coverage shall be regulated according to the underlying zoning district, except that lot coverage for the residential portion of any planned development shall not exceed 40 percent.

c.

The design of the proposed planned development site shall be based on the site information obtained from those public entities. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alterations of natural features.

1.

Land in the floodway as identified and mapped using the Federal Emergency Management Agency's Flood Hazard Boundary Maps. Federal Emergency Management Agency in scientific and engineering reports entitled 'Flood Insurance Study for Bee County, Texas and Incorporated Areas' effective 12/17/2010, with accompanying Flood Insurance Rate Maps for Bee County, Texas, and Incorporated Areas effective 12/17/2010 and any revisions thereto are hereby adopted by reference and declared to be part of this chapter.

i.

100-foot natural buffer shall be maintained adjacent to all permanent and natural surface waters, springs, and wetlands. Development of this area is regulated as follows:

(A)

Natural vegetation shall be maintained.

(B)

No structures shall be built, or improvements made, except as follows:

A.

Walking paths, bicycling paths, and the like, including infrastructure necessary to facilitate their development are permitted anywhere within the buffer.

B.

Roads and associated infrastructure are permitted in the buffer to facilitate crossing such water elements.

C.

Any improvements approved in the final plan.

D.

Any public safety or public utility improvements not associated with the planned development, but deemed necessary by the service director, police chief or fire chief.

(B)

Steep slopes 15 percent or more, unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken into account.

(C)

Historically and culturally significant structures and sites, as listed on, but not limited to, the National Register of Historical Places or on the local inventory of historic places maintained by the City of Oxford's Historic Architectural Preservation Commission.

(D)

Aquifers and tributary drainage systems.

(7)

Landscaping and screening.

a.

A planned development shall satisfy all landscaping elements required by other sections of this Code.

b.

The required perimeter setback area shall be retained in natural woods or suitably landscaped with grass, ground cover, shrubs, trees, or earthen mound.

c.

A planned development that overlays a commercial or industrial zoning district that is adjacent to a residential zoning district shall be screened from the residential zoning district by a dense evergreen hedge a minimum of eight feet tall and ten feet wide at planting and that will maintain at least 90 percent opacity over time.

(8)

Access and mobility.

a.

Adequate pedestrian connectivity shall be provided to and through a planned development.

(9)

Utilities and infrastructure. Electric and telephone facilities, street light wiring, and other wiring conduits and similar facilities shall be located underground.

(10)

Construction documents are required when new streets are being proposed, new water/wastewater lines being planned for the project. Detailed construction shall be prepared by a Texas licensed engineer to detail the information required by the city. The information will include the size, width, depth, locations, material. Angel and connection to existing public facilities.

(11)

Plan-specific. Any other design elements deemed necessary by the planning commission and council to ensure that a planned development satisfies the decision criteria of this chapter.

(Code 1973, app. A, § 18; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 18, 4-24-1973; Ord. No. 1114-B, 11-27-2012; Ord. No. 2425, § 1, 6-20-2023)

(a)

Application; plans. An applicant for a special use permit shall provide to the city building inspector plans sufficient in detail as to show the specific proposed use of the buildings, structures and premises and the provisions for sufficient off-street parking facilities, screening walls or fences, landscaping and open space.

(b)

Review by planning and zoning commission. The planning and zoning commission may, after hearing, recommend to the city council that the special use permit be granted, if the commission finds that the proposed use and the effect upon surrounding property would not adversely affect the public health, safety morals, and general welfare, that there is sufficient off-street parking facilities, that any safeguards required by the commission have been agreed to be provided by the applicant for the protection of surrounding property, persons and neighborhood values, and that the proposal is otherwise consistent with the requirements of this chapter.

(c)

Review by city council. After receiving the recommendation from the commission, the council may, after public hearing, grant or deny the permit or grant the permit subject to additional conditions; provided, however, that when the action taken by the council is less restrictive as to use or as to density than the recommendation of the commission, the council action shall not be effective except by an affirmative vote of a majority plus one of the members present and voting. The city council may grant a special use permit for a limited period of time and may impose conditions that shall be complied with by the applicant before certificate of occupancy may be issued by the building inspector for such use of the buildings and improvements.

(d)

Spot zoning prohibited. To prevent the arbitrary and unreasonable devotion of a small area within a zoning district to a use that is inconsistent with the use of the rest of the district, which could be considered spot zoning (a change merely for private gain), special use permits shall not be approved when the proposed use of the property or improvements upon the property would normally require a zone less restrictive than the next zone or district.

(e)

Portable signs. A special use permit shall not be issued to allow the placement of portable signs where prohibited by this chapter.

(f)

Certificate of occupancy required. The special use permit shall not be issued until all conditions have been completed by the applicant and a certificate of occupancy has been issued.

(g)

Duration of permit. Unless otherwise provided by the city council, the permitted use shall be authorized for as long as the permitted use continues uninterrupted. The permit may be assigned or transferred by rent, lease, sale, or other transfer of title to the property or premises to another party so long as the specific permitted use only continues without change in nature nor scale.

(h)

Expiration of permit. Any special permit issued under this section shall expire one year from the date of issuance unless the premises are actually being used under the permit; provided that additional time may be granted on motion by the council or provided in the permit at the time of the granting of the same. In addition, if the use for which the permit is granted ceases for any reason for a period of two months or more, the permit shall expire unless the discontinuance of use is necessary for repairs due to natural catastrophes, fire or other reasons specifically acknowledged and authorized by the building inspector.

(i)

Permit deemed chapter amendment. Every special use permit authorized by the council shall be considered as an amendment to this chapter as applicable to such property.

(Ord. No. 1937, §§ 2—4, 6-26-2001)

(a)

Except as otherwise specifically provided in this chapter, it shall be the duty of the building inspector to enforce the provisions of this chapter and to refuse to issue any permit for any building, or for the use of any premises which would violate any of the provisions of this chapter.

(b)

In case any building is erected, constructed, reconstructed, altered, repaired, or converted or any building or land is used in violation of this chapter, the building inspector is authorized and directed to institute any appropriate action to put an end to any such violation.

(c)

Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not less than $5.00 nor more than $200.00, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinbefore provided.

(Code 1973, app. A, § 23; Ord. No. 359, 6-14-1955; Ord. No. 437, 5-27-1958; Ord. No. 482, 3-24-1959; Ord. No. 644, 5-14-1963; Ord. No. 660, 7-23-1963; Ord. No. 749, 4-13-1965; Ord. No. 750, 4-27-1965; Ord. No. 751, 4-27-1965; Ord. No. 752, 4-27-1965; Ord. No. 818, 10-25-1966; Ord. No. 826, 12-13-1966; Ord. No. 971, 7-8-1969; Ord. No. 1114, § 23, 4-24-1973; Ord. No. 1114-B, 11-27-2012)