15.02. Zoning official. A zoning official shall be appointed in accordance with the personnel policy of the City of Bridge City and shall have the following duties and powers.

A.

Duties and powers. The zoning official shall, in connection with his office, have authority to perform the following:

(1)

Appear on behalf of the City of Bridge City in all public hearings before the board of adjustment and present facts and information to assist the board in reaching a decision.

(2)

To present the decision of the board of adjustment along with recommendations pertaining to the decision to the city council, when, in his opinion, he believes the decision is in error. If the city council finds that the conditions and issues of the decision warrant an appeal, in accordance with state statutes, he shall represent the city in such appeals under the direction of the city council and city attorney.

(3)

Receive and review all applications for zoning permits, special permits, variances, as provided for in this ordinance.

(4)

Have custody and maintain all maps and plans required by this ordinance.

(5)

Establish administrative procedures and maintain all records of the planning commission and board of adjustment.

15.03. City council. In addition to any authority granted the city council by state law, city Charter, or the Code of Ordinances of the City of Bridge City, the city council shall have the powers and duties set forth in this chapter, including, but not limited to the following:

A.

Duties and powers.

(1)

To initiate, on behalf of the city, any amendment in the zoning of any lands within the city.

(2)

To amend the zoning ordinance of the city in accordance with state law.

(3)

To appoint the members of the planning commission, and board of adjustment, as provided herein.

(4)

To remove, for cause, any member of the planning and zoning commission and board of adjustment, after hearing according to state law, and to replace any member of the planning and zoning commission or board of adjustment when a vacancy exists.

(5)

To hear and decide on appeals from the decisions of the planning commission in regard to those applications for special permits, site plans, and such other decisions where an appeal to the city council is specifically authorized within this ordinance.

(6)

Enforcement authority. It shall be the duty of the city council of the City of Bridge City, when requested by the zoning official and when the facts warrant, to institute such legal proceedings as may be advisable to enforce compliance with this ordinance.

15.04. Planning and zoning commission.

A.

Creation. There is hereby created the City of Bridge City planning and zoning commission.

B.

Purpose. The commission is created for the purpose of fulfilling, in a manner consistent with the laws of the State of Texas, those planning and zoning responsibilities delegated to it by the Charter and ordinances of the city. Among those responsibilities shall be:

(1)

To identify community needs and to advise the city council of the short range and long range implications of such needs to the total development of the city.

(2)

To recommend to the city council achievable community goals for planning and development programs.

(3)

To recommend to the city council plans, programs, and policies calculated to aid the community in achieving its defined goals.

(4)

To explain to and explore with concerned citizens those plans and programs adopted by the city council in an effort to ensure that private activities and desires may be accomplished with public needs and policies.

C.

Duties and powers. The commission shall have all the powers provided for under the laws of the State of Texas, and such other duties and responsibilities as shall be lawfully delegated to it by the city council.

D.

Membership and appointment. The commission shall be composed of nine regular members, each of whom shall [be] at the time of his appointment and at all times while serving as a member of such commission a resident of the city. The members of the commission shall be appointed by the city council.

E.

Planning commission. There shall be a city planning commission which shall consist of nine citizens of the City of Bridge City who shall reside within the city. The members of said commission shall be appointed by the city council for a term of two years, four members on even years and five members on odd years.

F.

Vacancies. Vacancies on the commission shall be filled by the city council. Unless sooner removed by the city council, a person appointed to fill a vacancy shall serve for the remainder of the time for which his predecessor on the commission was appointed. Newly appointed members shall be installed at the first regular meeting of the commission following their appointment.

G.

Organization. The commission shall hold its organizational meeting in October of each year. At such meeting the commission shall elect a chairman, vice-chairman, and secretary from among its own members. The commission may elect a parliamentarian if it desires and any member, other than the chairman, may be so elected.

H.

Rules of procedure. The commission shall prepare and adopt rules of procedure setting out the requirements for applications for approvals and permits under this ordinance; establishing the administrative regulations for the filing of applications; establishing the procedures for the conduct of its meetings; and establishing the requirements for the submission of testimony and evidence presented to it in carrying out the duties of its responsibilities. Such rules of procedure shall be written and available to any member of the public upon request, and shall be reviewed and approved by the city attorney prior to adoption.

I.

Quorum. A majority of the members of the commission shall constitute a quorum for the transaction of business.

J.

Compensation. The commission shall serve without compensation; however each member shall be entitled to reimbursement of actual expenses incurred by him in the discharge of his official duties on the commission, subject to the rules and procedures of the city council.

K.

Conflict of interest. No member of the commission shall vote or participate in any proceeding before the commission which involves any matter or property in which he has a personal or pecuniary interest or in which the decision of the commission will affect him. In the event any such possible conflict should arise, the member affected shall make disclosure of such fact to the commission, which disclosure shall be duly noted in the minutes of the commission, and disqualify himself from any further participation in the commission's consideration of such matter. Nothing herein, however, shall prohibit any member of the commission from registering opposition or filing of a protest against any application for any action which will affect his or her property of land in which he or she holds an interest, so long as the member shall disqualify himself from any participation in the decision of the commission.

15.05. Appeals to the city council. Appeals to the city council may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Bridge City affected by any decision of the planning commission. Such appeal shall be taken within ten days, by filing with the city secretary a notice of appeal specifying the grounds thereof. The planning commission shall forthwith transmit to the city council all papers constituting the record upon which the action appealed from was taken. The city attorney shall represent all officials and bodies of the City of Bridge City in all appeals before the city council.

The city council may from time to time, on it's own motion or on petition, amend, supplement, change, modify, or repeal the regulations, restrictions, and boundaries herein established. In addition, a comprehensive review of the zoning ordinance text and maps shall be made by the planning commission at least once every five years, and a report and recommendation thereon shall be filed with the mayor and city council.

(Ord. No. 94-13, Exh. A, 9-6-94)

15.11. Public hearing before the city council and city planning commission. Before taking any action on any proposed amendment, supplement, change, or modification, in accordance with Section 211.007 of the Local Government Code of the State of Texas, the city council shall hold a joint public hearing with the planning and zoning commission on said proposed amendment, supplement, change, or modification. The planning and zoning commission shall not make a report or recommendation to the city council until after said public hearing.

(Ord. No. 94-13, Exh. A, 9-6-94; Ord. No. 02-04, 5-7-02)

15.12. Notice of public hearings.

A.

Written notice of all public hearings as set out in section 15.11 shall be sent to the owners of real property lying within 200 feet of the property on which the change is proposed, such notice to be given not less than 15 days before the date set for hearing, to each owner, as indicated by the most recently approved municipal tax roll. Such notice may be served by depositing same, properly addressed, and postage paid, in the city post office.

B.

In the event a public hearing shall be held by the planning commission in regard to a change of the zoning ordinance not involving particular property but involving a change in the ordinance generally, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than 15 days from the day of such publication.

C.

Notice of public hearing stating the time and place of the hearing shall be published in a paper of general circulation at least 15 days before a hearing is conducted by the city council to consider a change in zoning classification.

(Ord. No. 94-13, Exh. A, 9-6-94; Ord. No. 02-04, 5-7-02)

15.13. Protests. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boundaries herein established, filed with the city secretary, and signed by the owners of 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 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the city council.

15.14. Penalty for violation and other remedies. Any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon final conviction thereof shall be fined in a sum not to exceed $1,000.00 for each offense. Each day such violation continues to exist shall constitute a separate offense. But in case any person, firm, or corporation violates any of the provisions of this ordinance or fails to comply therewith, the City of Bridge City, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent, restrain, correct, or abate or to prevent any illegal act, conduct, business or use in or about any land; and the definition of any violation of the terms of this ordinance as a misdemeanor or [sic], shall not preclude the City of Bridge City from invoking the civil remedies given it by law in [such] cases, but same shall be cumulative of and in addition to the penalties prescribed for such violation.

15.21. Board of adjustment.

A.

Creation. There is hereby created a board of adjustment consisting of five members and four alternates who are citizens of the City of Bridge City and who are not members of the city council or the planning and zoning commission, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges. At the request of the appointed individual, a public hearing may be held to determine the merits of the written charges submitted.

B.

Powers and duties. The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building official in the enforcement of this ordinance.

(2)

To determine the classification of uses not specifically defined in the regulations of the districts of this ordinance after hearing the recommendation of the zoning official. In making such classification the board shall comply with the intent of the master plan.

(3)

To authorize upon appeal in specific cases, such variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions not due to the actions of the owner or applicant, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

(4)

To require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. In determining the value to be amortized the board may use the values established on the latest rendition of the property, appraisals, or other methods acceptable under law.

(5)

A variance shall not be granted to allow a change in permitted land uses or the standards of existing zoning classifications on any property.

C.

Vacancies. Vacancies on the board of adjustment shall be appointed in the same fashion as the planning and zoning commission.

D.

Quorum. The attendance of four members shall constitute a quorum for the transaction of business.

E.

Rules and meetings. The board of adjustment shall adopt rules of procedure in accordance with the provisions of this ordinance. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. Such chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be open to the public.

15.22. Appeals 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 of Bridge City affected by any decision of the building official. Such appeal shall be taken within ten days, by filing with the building official from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The official from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. The city attorney shall represent all officials and bodies of the City of Bridge City in all appeals before the board of adjustment.

15.23. Appeals to stay proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building official certifies to the board, after notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In the event the building official shall make and file such a certificate his action shall not be stayed except by a restraining order which may be granted by the board, or by a court of record, upon application of the party aggrieved by the action of the building official and after notice to him and upon due cause shown.

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

15.25. Action on appeal. In exercising the powers set forth herein, the board of adjustment may, in conformity with the provisions of this ordinance, reverse or affirm, in whole or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the official from whom the appeal is taken.

15.26. Limitation on variances. Any variance authorized by the board of adjustment shall constitute authority to authorize the issuance of a zoning permit or certificate of occupancy, as the case may be, if applied for within 120 days from the date of favorable action of the board of adjustment, unless such board of adjustment may have authorized a longer period. If the zoning permit or certificate of occupancy shall have not been applied for within said 120-day period, or such extended period as the board of adjustment shall have authorized, then the grant of variance shall be terminated. Such termination shall be without prejudice to a subsequent application to said board of adjustment in accordance with the rules and regulations regarding applications. No applications to the board of adjustment shall be allowed on the same piece of property prior to the expiration of one year from a ruling of the board of adjustment on any application to such body unless other property in the same block or within 200 feet thereof, within the six-month period, has been altered or changed by a ruling of the board of adjustment, in which case an application may be accepted by the board.

15.27. Vote necessary for decision of board of adjustment. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the official from whom the appeal is taken, or to decide in favor of the applicant for a variance or any other matter upon which the board is empowered to act.

15.28. Appeals from the board of adjustment. Any persons, jointly or severally, aggrieved by any decision of the board of adjustment, may present to a court of competent jurisdiction a petition for a writ of certiorari as provided by V.T.C.A., Local Government Code ch. 211, duly verified, setting forth that such decision is illegal, in whole or in part, [and] specifying the grounds of the illegality. Such petition shall be presented within ten days of the date of the decision of the board of adjustment.

15.29. Appeals to stay proceedings. An appeal stays all proceedings in furtherance of the action appealed from.

15.31. Fees. No application for rezoning of any land, building, or structure, or application for annexation, or a special permit, or variance, or sign approval, or any other permit required by this ordinance shall be processed or accepted for processing unless accompanied by the fee as established by the city council in its most recent fee ordinance. Such fee shall be paid by cash, check or money order drawn upon a recognized financial institution authorized to do business in the State of Texas.

15.32. Tax certificates. No application for rezoning of any land, building, or structure, or application for special permit, or variance, or sign approval, or any other permit required by this ordinance shall be processed or accepted for processing unless accompanied by an affidavit or certificate showing that all taxes on the property or the property on which the improvement is to be placed, erected, or operated are current and no taxes are due and owing to the City of Bridge City, Orange County, or any other taxing authority having jurisdiction over the property.

15.33. Proposed amendment/hardship permit. Notwithstanding any provision to the contrary, the city council and the planning and zoning commission of the City of Bridge City, Texas, may permit hardship cases in any R1, R2, R3, R4, office district, C1, C2, C3 and M1 district of this code, provided economic consideration shall not be considered a hardship. Such special-use permits, for such time and other restrictions as the city council and the planning and zoning commission of the city may impose upon same, shall only be as follows:

(a)

Upon submission by an applicant for a hardship permit, said application for a hardship permit shall be subject to all the terms of section 15.10 of this code. If any property owner within the area as described in section 15.12 of this code shall protest said hardship permit, it shall be the responsibility of the planning and zoning commission and the city council of the city, to deny said application for a hardship permit.

(b)

After complying with all the conditions as set out in sections 15.10, 15.11 and 15.12 of this code, the planning and zoning commission shall only grant its approval of said hardship permit by a three-fourths majority vote of the entire planning and zoning commission.

(c)

Said hardship permit, if approved by the planning and zoning commission, shall then be forwarded to the city council of the city, who shall comply with all the provisions of section 15.12 of this code. After said compliance, said hardship permit may only be approved by a three-fourths affirmative vote of the entire city council of the city.

(Ord. No. 97-7, 6-17-97)