One copy shall be filed with the city secretary and retained as the original record and shall not be changed in any manner.

One reproducible copy shall be filed with the director of community development and shall be the official zoning district map and shall be maintained by posting on the map all changes and subsequent amendments after their enactment for the use of the planning and zoning commission.

One copy shall be filed with the building official and shall be maintained by posting on the map all changes and subsequent amendments.

Other sectional maps for interpretation purposes are approved by resolution by the city council.

Reproductions for information purposes may, from time to time, be made of the official zoning district map.

Boundaries indicated as approximately following the centerlines or rights-of-way lines of streets or alleys shall be construed to follow such centerlines or rights-of-way.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines so as to eliminate a zoning division on any platted lot.

Boundaries indicated as approximately following the city limits shall be construed as following the city limits.

Boundaries indicated as following the centerline of streams or rivers or the shoreline of lakes or ponds shall be construed as following such centerlines or shorelines as the case may be.

Boundaries indicated as parallel to or extensions of features indicated in [subsections] (a) through (d) above shall be so construed. Distances not specifically indicated on the zoning district map shall be determined by the scale of the map.

Whenever any street, alley, or other public way is vacated by official action of the city council, the zoning district line adjoining each side of the street, alley, or other public way shall be automatically extended to the centerline of the vacated street, alley or way and all area so involved shall be subject to regulations of the extended districts.

Where physical features of the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (a) through (f), the property shall be considered as classified in the A, agricultural district in the same manner as provided for newly annexed territory, and the issuance of a building permit and the determination of zoning shall be in accordance with the provisions provided in section 5, zoning annexed territory.

No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure, or-add to any building or structure, or cause the same to be done in any newly annexed territory without first applying for and obtaining a building permit or certificate of occupancy from the building official.

No permit for construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in the A, agricultural district.

The city council may, from time to time, amend or change by ordinance, the boundaries of the districts or the regulations established in this ordinance as provided by the statutes of the State of Texas.

Before taking action on a proposed amendment or change, the city council shall submit the proposal to the planning and zoning commission for its recommendation and report.

The planning and zoning commission shall hold a public hearing on any application for any amendment or change. When any such amendment or change relates to a change in classification or boundary of a zoning district, written notice of public, hearing before the planning and zoning commission on the proposed amendment or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested. A courtesy notice shall also be provided to real property owners within an additional 100 feet of the property. These properties will not be included in the protest calculation, as regulated by 6-105(f) below. The notice shall be given not less than ten days before the date set for hearing by posting such notice properly addressed and postage paid to each owner as the ownership appears on the last approved city tax roll. Notice shall also be posted along with the agenda for all hearings and related meetings in accordance with the applicable laws of the State of Texas. When an amendment relates to a change of a zoning regulation or to the text of this ordinance not affecting specific property, notice of the public hearing of the city planning and zoning commission shall be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners, by mail. The notice shall state the time and place of the hearing and the nature of the subject to be considered, which time shall not be earlier than ten days from the date of publication.

The city manager or a designee shall direct the erection of at least one sign upon each property proposed to be rezoned. Signs shall be a minimum of two and one-half feet by three feet in dimension. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property. Such sign(s) shall be so erected not less than ten days before the date set for public hearing before the planning and zoning commission. Any such sign(s) shall be removed subsequent to the occurrence of either final action by the city council or withdrawal of the application for amendment. Such sign(s) shall substantially indicate that a zoning amendment is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon. The erection and/or the continued maintenance of any such sign(s) shall be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment.

A public hearing shall be held by the city council before adopting any proposed amendment, supplement or change. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City of Burleson stating the time and place of the hearing, which time shall not be earlier than 15 days from the date of publication.

The city council may, by resolution, elect to combine the planning and zoning commission hearing and the council hearing; however, the city council shall not take action upon any proposed amendment or change until it has received the final report and recommendation from the planning and zoning commission. When the joint hearing provision of this ordinance is in effect, the city council shall cause a notice showing the time and place of the hearing to be published in a newspaper of general circulation at least 15 days prior to the hearing. In addition, notice of all jointly held public hearings on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, the notice to be given not less than ten days before the date set for hearing, to all the property owners as the ownership appears on the last approved city tax roll. Such notice may be served by depositing it, properly addressed and postage paid, in the United States mail. When any such amendment relates to a change of a zoning regulation or to the text of this ordinance not affecting specific property, notice requirements shall be the same as those specified in paragraph (c), above.

If the city planning and zoning commission recommends denial for a proposed amendment, or change or if a protest against a proposed amendment, or change has been filed with the city secretary, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in that a proposed change or those lying within 200 feet of the property on which the change is requested, the amendments shall not be approved, except by a three-fourths vote of the city council.

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

Construction of a new structure;

A change of parking requirements as regulated by section 134, vehicle parking regulations; and

The structural modification of an existing structure which would require a site modification affecting traffic and safety for such items, including, but not limited to fire lanes or ingress egress.

Editor's note—Additional requirements may apply, please refer to Section 131, site plan requirements.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative official as designated under section 13-100. Such appeal shall be taken within ten business days as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record of the action appealed.

An appeal stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such a case, 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 due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of an appeal, give public notice of the hearing as well as notify real property owners within 200 feet of the subject property. At the hearing, any party may appear in person or by agent or attorney. The board shall render a decision within a reasonable amount of time after the hearing.

The board of adjustment has the following powers:

In exercising the its powers the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

The board may permit such variance or modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. In exercising its power to grant a variance in accordance with this ordinance, the board of adjustment shall make findings and show in its minutes that:

The board may require the discontinuance of nonconforming uses of land or buildings under any plan whereby the full value of the buildings and facilities can be amortized within definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment 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 illegality. Such petitions shall be presented to the court within ten days after the filing of the decision in the office of the board.

Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

The structure in question must be an existing structure that has previously been granted a certificate of occupancy and that has been found to encroach upon a required setback due to a survey or construction error in the placement of the original foundation or site improvement or that is otherwise found to be in noncompliance with the development regulations through a title search or during the application process for rezoning, platting, etc.

Administrative waivers shall not be authorized to allow a waiver of the permitted uses in any zoning district.

Administrative waivers shall not be authorized for the following regulations:

Lot width.

Lot area & depth.

Yards.

Corner lot.

Method of measuring front yard.

Double frontage lots.

Front yard where zoning changes in a block.

Interpretation of average front yard where yard depth varies.

Special apartment side yard and spacing standards.

Set back standards high rise apartment & similar structures.

Side yard standards attached single family dwellings.

Illustration of fence regulations.

The community development director or his her designee may refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, hazardous or class 1 materials and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may, by ordinance, approve the recommendation of the commission or make such determination concerning the classification of such use as is determined appropriate.

Within the districts established by this ordinance or amendments thereto, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful immediately before this ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not conform to the regulations of the district in which they are located. It is the intent of this ordinance to permit such nonconforming use to continue, under regulations herein contained, until the same are removed, but not to encourage their survival.

It is further the intent of this ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

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

The use, lot or structure was in existence and lawfully operating on June 27, 1985, and has since been in regular and continuous use; or

The use, lot or structure is lawful at the time of the adoption of any amendment to this ordinance but because of the amendment no longer complies with applicable regulations; or

The use, lot or structure was in existence at the time of annexation to the city and has since been in regular and continuous use.

It is the policy of the City of Burleson to allow the continuance of legal non-conforming uses but not to encourage their survival. It is in the long-term best interest of the community for all properties and structures to ultimately come into compliance with the requirements of the municipal zoning ordinance. The ordinance, as adopted, is intended to implement the goals and objectives of the city's comprehensive plan and, therefore, all properties should ultimately be brought into compliance with the requirements of the municipal zoning ordinance.

A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, after approval by the board of adjustment, provided that when a nonconforming use is changed to a nonconforming use of a higher or more restrictive classification, it shall not later be reverted to the former less restrictive classification.

No nonconforming use shall be changed to another nonconforming use which requires more off-street parking spaces or off-street loading space than the original nonconforming use, unless additional off-street parking and loading space is provided so as to comply with the requirements of sections 5, zoning annexed territory and section 14, compliance required.

No structural alterations may be made on or in the building, except those required by law to preserve the building in a structurally sound condition.

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time the use became a nonconforming use.

No nonconforming use within a building may be extended to occupy any land outside the building.

No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use.

The use is abandoned or discontinued.

If any provision of this ordinance, other ordinance, federal, or state law is violated with respect to a nonconforming use.

When a nonconforming use is brought into compliance by rezoning.

The structure in which a nonconforming use is housed, operated or maintained is damaged to the extent of more than 50 percent of its value.

When the right to maintain or operate a nonconforming use has been terminated by the board of adjustment as provided in section 11, board of adjustment hereof.

As noted in [section] 19-115 of the municipal zoning ordinance, it is the policy of the City of Burleson to allow the continuance of legal non-conforming uses but not to encourage their survival. A legal non-conforming use shall be permitted to continue for the life of the structure based upon the investment made by the original builder or operator. No structural alterations that extend the life or expand the degree of non-compliance shall be permitted as a general rule. Under certain conditions the continued existence of a legal non-conforming use may create such a degree of incompatibility with surrounding land uses and with the intent of the city's short range, medium range and long range comprehensive planning that a requirement for expedited compliance with the zoning district regulations is necessary in the public interest. A decision of this nature may affect vested property rights of the property owner and, therefore, the following procedural requirements shall apply.

If the board determines that expedited compliance is necessary and appropriate in the public interest, it shall commence the proceedings necessary to establish the value of the non-conforming use and a reasonable amortization period for that use. The board of adjustment shall initially establish a time for hearing evidence on the various value and income issues necessary to comply with the amortization process. The board shall give the various parties to an amortization case sufficient time to conduct discovery and to prepare evidence of value, depreciation and income. The standard position of the board shall be to establish a hearing date a minimum of 60 days following the determination of a need for expedited compliance. The parties may exchange written discovery requests and take, as appropriate, depositions of potential witnesses. Discovery disputes will be presented to the chairman of the board for resolution. The hearing to determine value and income matters relating to amortization shall be subject to the same notice requirements as those established for the expedited compliance hearing. The purpose of the second hearing shall be to determine the value of the interest taken, if any, and whether the owner has had a reasonable opportunity to recoup that value. The value is determined in the following manner:

If the board has made a determination that unamortized value remains in the non-conforming use by determining that the original investment value minus depreciation exceeds the amount of income derived from the non-conforming use during its operation through the date of the amortization hearing, the board shall make the following findings as a matter of record:

Single-family residences, existing in the 2F, MH, MHP, NS, GR, CC, C and I zoning districts immediately prior to June 22, 1985, shall not be considered nonconforming but as legally existing uses, and shall have the right to repair, expand, and replace existing structures. If the residence ceases to be used as a single-family dwelling and is converted to another type use; the right to exist in the above-mentioned zoning districts as a single-family dwelling is hereby permanently terminated. Nothing in this section shall be construed to prevent the conversion of residential structures as permitted in section 100-135, conversion of residential structure.

Churches and rectories existing in the SFR, SF10, SF7, SPA and 2F zoning districts shall have the same nonconforming provisions as described for residences in (a) above.