Borger City Zoning Code

1. (a)
   Established.  The City Council is established in the City's Home Rule Charter.
2. (b)
   Powers and Duties.  The City Council shall have the authority to make final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary Table. 

Effective on: 8/9/2022

1. (a)
   Established.  This Subsection establishes the Planning and Zoning Commission (Commission), with membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.007, Zoning Commission.
2. (b)
   Membership, Appointment, and Qualifications. 

   1. (1)
      Number of Members.  The Commission shall consist of seven members serving staggered terms of three years.
   2. (2)
      Qualifications.  All members of the Commission shall be resident citizens, taxpayers, and qualified voters of the City.
   3. (3)
      Appointment.  The members of the Commission shall be appointed by the City Council and removable for cause by the City Council upon written charges and after public hearing.
3. (c)
   Filling of Vacancies.  All vacancies occurring for any reason within the membership of the Commission shall be filled by appointment made by the City Council and shall be for the unexpired term. 
4. (d)
   Powers and Duties.

   1. (1)
      Matters in this ULDO.  The Commission shall have the authority to make recommendations or make final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary Table.
   2. (2)
      Matters Outside of this ULDO.  The Commission shall have the following additional powers and duties.  The Commission shall:

      1. (A)
         Act as an advisory body to the Council relating to the widening or extension of public improvements and utilities; and,
      2. (B)
         Recommend a Comprehensive Plan and amendments of the Plan to the City Council, along with any adopted special area plans and their amendments.
5. (e)
   Officers and Staff.  The Commission shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year.  The Director of Planning and Development shall serve as Secretary to the Commission.
6. (f)
   Quorum and Voting.  A quorum shall consist of a majority of the entire membership of the Commission, and any issue to be voted on shall be resolved by a majority of those members present.  The Chairperson shall be entitled to vote upon any question, but shall have no veto power.
7. (g)
   Meetings and Procedures.

   1. (1)
      Frequency, Location, Date. and Time.  The Commission shall meet not less than once each month, unless there are no items for it to review.  Meetings shall be held at the place, time, and date stated on the notice of meeting posted at City Hall. Meetings shall be open to the public and held in conformance with Texas Local Government Code Chapter 552, Public Information.  The Chairperson may call a special meeting following required notice. 
   2. (2)
      Absences.  Any member of the Commission who misses three consecutive regular meetings without a valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council shall appoint a new member pursuant to Chapter 1, Article 1.04, Division 2, Planning and Zoning Commission, Subsection 3 above, Filling of Vacancies.
   3. (3)
      Rules of Procedure.  The Commission may establish its own rules of procedure, provided that such shall not conflict with the laws applicable to the Commission or the provisions of this ULDO.

Effective on: 8/9/2022

1. (a)
   Established.  This Subsection establishes a Board of Adjustment (BOA), with membership, qualifications, and terms of office in accordance with and controlled by the provisions of Texas Local Government Code Section 211.008, Board of Adjustment.
2. (b)
   Membership and Appointment.  

   1. (1)
      The BOA shall consist of five members, each to be appointed by resolution of the City Council for a term of two years and removable for cause by the City Council upon written charges and after a public hearing.
   2. (2)
      Each member reappointed or each new appointee shall serve for a full term of two years unless removed as provided above.
3. (c)
   Powers and Duties.  The BOA is a quasi-judicial board and shall have the authority to make final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary Table.
4. (d)
   Officers and Staff.  The BOA shall elect a Chairperson and Vice-Chairperson at the first meeting of each calendar year.  The Director of Planning and Development shall serve as Secretary to the BOA.
5. (e)
   Alternate Members and Vacancies.  The City Council may appoint alternate members of the BOA to temporarily serve in the absence of a permanent member.  An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member.  The City Council may fill a vacancy among the alternate members in the same manner as a vacancy among the regular members.
6. (f)
   Quorum and Voting.  Each case before the BOA must be heard by at least 75 percent of the members of the entire membership of the BOA, and any issue to be voted on shall be resolved by a majority vote of those members present.  The Chairperson shall be entitled to vote upon any question but shall have no veto power. 
7. (g)
   Meetings and Procedures.

   1. (1)
      Frequency, Location, Date, and Time.  The BOA shall meet at least once each month unless there are no items to decide upon.  Meetings shall be held at the place, time, and date stated on the notice of meeting posted at City Hall.  Meetings shall be open to the public and held in conformance with Texas Local Government Code Chapter 522, Public Information.  The Chairperson may call a special meeting following the required notice.
   2. (2)
      Absences.  Any member of the BOA who misses three consecutive regular meetings without a valid reason, as determined by Council, shall be deemed no longer interested in serving, and the Council may remove that member for cause on written charge after a public hearing.  Council shall then appoint a new member to fill the vacancy for the remainder of the unexpired term.
   3. (3)
      Rules of Procedure.  The BOA may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the BOA or the provisions of this ULDO. 

Effective on: 8/9/2022

1. (a)
   Generally. For purposes of this ULDO, the Director of Planning and Development (Director) shall serve as the Administrator of this ULDO.  The Director serves as a member of the City staff who is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications).  The Director may designate City staff members to manage applications through the review process, to be points of contact for applicants, and shall perform such other duties as may be required in this ULDO.  The Director may also delegate review responsibilities to other members of the City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Manager.
2. (b)
   Powers and Duties.  The Director shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary Table.

Effective on: 8/9/2022

1. (a)
   Powers and Duties Relative to Matters in this ULDO.  The Building Official shall have the authority to make final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary. 
2. (b)
   Powers and Duties Relative to Matters Outside of this ULDO.  In addition to the powers and duties set forth above, the Building Official shall perform duties as outlined in the remainder of the City Code.

Effective on: 8/9/2022

1. (a)
   Delegation.  The Director of Planning and Development, in consultation with the Director of Public Works and Director of Utilities, serves as the City Engineer unless and until the City appoints another person to the City Engineer position. 
2. (b)
   Powers and Duties Relative to Matters in this ULDO.  The City Engineer shall have the authority to make final decisions on the development review applications denoted in Table 14.06.210-1, Development Review Summary. 
3. (c)
   Powers and Duties Relative to Matters Outside of this ULDO.  In addition to the powers and duties set forth above, the City Engineer shall perform duties as outlined in the remainder of the City Code.

Effective on: 8/9/2022

1. (a)
   Designation of Floodplain Administrator.  This Subsection establishes the Director of Planning and Development as the Floodplain Administrator to administer and enforce the relevant provisions of this ULDO and other appropriate sections of Code of Federal Regulations (CFR) Title 44, Emergency Management and Assistance, pertaining to floodplain management.
2. (b)
   Powers and Duties.  The powers and duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

   1. (1)
      Maintain and hold open for public inspection all records pertaining to the provisions of this ULDO;
   2. (2)
      Maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency (FEMA) upon request;
   3. (3)
      Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
   4. (4)
      Review, approve, or deny all applications for development permits required by the adoption of this ULDO;
   5. (5)
      Review permits for proposed developments to assure that all necessary permits have been obtained from those federal, state, or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, being 33 USC 1344) from which prior approval is required;
   6. (6)
      Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation;
   7. (7)
      Notify, in riverine situations, adjacent communities and the Texas Commission on Environmental Quality (TCEQ) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
   8. (8)
      Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained;
   9. (9)
      When base flood elevation data have not been provided in accordance with Chapter 3, Section 3.12.007 of the City Code, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state, or other sources in order to administer the provisions of Chapter 3, Sections 3.12.071 through 3.12.073;
   10. (10)
       When a regulatory floodway has been designated, the Floodplain Administrator shall require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and,
   11. (11)
       Under the provisions of 44 CFR 65.12 of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.

Effective on: 8/9/2022

No person may use, occupy, subdivide, or develop land, or use, occupy, erect or modify buildings, signs, or other structures, except in accordance with all applicable provisions of this ULDO.  For purposes of this Section, the “use” or “occupancy” of a building or land relates to anything and everything that is done to, on, or in that building or land.

Effective on: 8/9/2022

There shall be no land used or subdivided nor structure constructed, occupied, enlarged, altered, or moved until: 

1. (a)
   The designated administrative body vested with the authority to make a final decision on a development review application under this ULDO finds no conflict with any provision of this ULDO; 
2. (b)
   The applicant obtains all pertinent approvals in accordance with ARTICLE 14.06, Development Review Procedures; and,
3. (c)
   The administrative body with the designated authority issues all required permits or authorizations to proceed.  

Effective on: 8/9/2022

1. (a)
   Abrogation.  Except for those provisions of the City Code explicitly repealed upon the adoption of this ULDO, this Chapter is not intended to repeal, abrogate, or impair any existing public or private laws, easements, covenants, or deed restrictions.
2. (b)
   Conflict. 

   1. (1)
      Public Restrictions.  The following provisions apply to laws adopted by a federal, state, or local legislative body.

      1. (A)
         Where this ULDO conflicts with another local, state, or federal law, whichever the Director of Planning and Development (Director) finds imposes the more stringent restrictions controls.  Where the Director finds conflicting provisions to be equally stringent, then the provision more recently adopted controls. 
      2. (B)
         Where the text of this ULDO conflicts with its tables or illustrative material, the text controls.  Where a table of this ULDO conflicts with an illustration, the table controls.
   2. (2)
      Private Restrictions.  The City does not interpret or enforce private restrictions, including, but not limited to, deed restrictions, covenants, or private easements.  

3. (c)
   Interpretation.  In the interpretation and application of this ULDO, all provisions shall be:

   1. (1)
      Minimum Requirements.  Considered as minimum requirements;
   2. (2)
      In Favor of City.  Liberally construed in favor of the governing body; and,
   3. (3)
      State Statutes.   Deemed neither to limit nor repeal any other powers granted under state statutes.

Effective on: 8/9/2022

1. (a)
   Generally.  If a court of competent jurisdiction holds any provision of this ULDO to be illegal or invalid, the remainder of this ULDO shall not be affected. 
2. (b)
   As-Applied.  If a court of competent jurisdiction holds any application of a provision of this ULDO to a particular structure, land, or water to be illegal or invalid "as-applied", such judgment shall not be applicable to any other structure, land, or water not specifically included in the judgment.

Effective on: 8/9/2022

1. (a)
   Generally.  If land is annexed from Hutchinson or Carson counties into the City, it shall be zoned in accordance with the Future Land Use Map as set out in the City's Comprehensive Plan.  Table 14.01.201-1, Zoning Districts, denotes the future land use classes of the Comprehensive Plan and their associated zoning districts.  Property owners may petition the City for different zoning of the property in accordance with Subsection 14.06.402, Zoning Map Amendment.  Simultaneous processing of the annexation and the zoning map amendment is permitted.
2. (b)
   RA Zoning.  If the City Council finds that land for annexation has an inadequate level of public facilities to serve permitted uses in the zoning district that would apply in Subsection A, Generally, above, the Council may annex the property under the RA, Rural Agricultural zoning district in accordance with the requirements set forth in Subsection 14.06.402, Zoning Map Amendment.  

Effective on: 8/9/2022

1. (a)
   Generally.  It is the intent of the City Council to respect the property rights of applicants with existing or pending development approvals.
2. (b)
   Effect on Existing Ordinances.  The City's ordinances in effect prior to the effective date of this ULDO, unless expressly repealed or amended by this ULDO, or by some other City Council action, remain in effect; provided, however, that where this ULDO is more restrictive or where it includes additional provisions (including those that are inconsistent or in conflict with existing ordinances) the City shall enforce this ULDO as set out in Subsection 14.05.203, Abrogation and Conflicting Provisions.
3. (c)
   Pending Applications.

   1. (1)
      Generally.  Each development review application shall be evaluated in accordance with the adopted ordinances and technical regulations in effect at the time that each complete application is submitted.
   2. (2)
      Stale Applications.  Pending development review applications that the applicant does not pursue with diligence may expire pursuant to Subsection 14.06.209, Stale Applications and Extensions.
4. (d)
   Development Approvals that Predate the ULDO.

   1. (1)
      Generally.  Development applications approved prior to the effective date of this ULDO may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired.
   2. (2)
      Duration of Approvals.  Development approvals that are valid on the effective date of this ULDO are valid until their expiration date; or, if no expiration date is specified in the approval documents or prior regulations, pursuant to Table 14.06.210-1, Development Review Summary Table. 

Effective on: 8/9/2022