2.1.1.

Within the districts established by this chapter, or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this chapter was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this zoning to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this chapter are met.

2.1.2.

Nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided herein.

2.1.3.

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

2.2.1.

Any use, platted lot or structure which does not conform with the regulations of this chapter on the effective date hereof or any amendment hereto, except as expressly provided in herein, shall be deemed a nonconforming use, provided that:

(a)

Such use, platted lot or structure was in lawful existence prior to this chapter; or

(b)

Such use, platted lot or structure was in existence at the time of annexation to the city, was a legal use of the land at such time, and has been in regular and continuous use since such time.

2.2.2.

Any use, platted lot, or structure that does not conform with the regulations of the zoning district in which it is located on the effective date of this chapter (or any amendment thereto), and was not in lawful existence prior to the enactment of this chapter, shall be deemed to be in violation of this chapter for which the city shall be entitled to initiate an enforcement action against such use, platted lot, or structure (except as provided in subsection 2.6 below).

2.3.1.

A nonconforming use may continue to be used, operated or occupied in accordance with the terms of the regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it is annexed.

2.3.2.

A nonconforming structure occupied by a nonconforming use may be reoccupied within six months by a conforming use, following abandonment of the nonconforming use, without losing its nonconforming structural status.

2.4.1.

If a nonconforming use is abandoned, any future use of the premises shall be in conformity with the provisions of this chapter, as amended, prior to the time the use was abandoned.

2.4.2.

A nonconforming use shall be deemed abandoned in the following circumstances:

(a)

The use ceases to operate for a continuous period of six months;

(b)

Where the use occupies a structure, the structure remains vacant for a continuous period of six months; or

(c)

In the case of a temporary use, the use is moved from the premises.

2.5.1.

A nonconforming use shall not be changed to another nonconforming use.

2.5.2.

A nonconforming use may be changed to a conforming use; provided that, once such change is made, the use shall not be changed back to a nonconforming use.

2.5.3.

A conforming use located in a nonconforming structure may be changed to another conforming use.

2.6.1.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

(a)

No exterior alteration shall be made to the structure occupied by the nonconforming use, except those required by law to preserve the integrity of the structure; and

(b)

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

2.6.2.

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

2.6.3.

A nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, except to provide additional off-street parking or loading areas required by the zoning ordinance.

2.7.1.

If more than 50 percent of the total appraised value of a nonconforming structure, as determined from the records of the Hays County Appraisal District, has been destroyed, it may be rebuilt only in conformity with the standards of this chapter.

2.7.2.

If less than 50 percent of the total appraised value of a nonconforming structure is destroyed, it may be reconstructed to its original dimensions.

2.7.3.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use, the nonconforming use may be re-established at the same location subject to the limitations on expansion set forth in this section.

Nothing contained in subsections 2.1 through 2.7 are intended to alter any authorizations that may have been granted under prior regulations, pursuant to Texas Local Government Code section 43.002, or Texas Local Government Code chapter 245. Those applicants asserting privileges under prior regulations are referred to the city's grandfathered development status ordinance.

The planning and zoning commission (also referred to as the "P&Z") shall function according to the following criteria that establish membership and operating procedures.

2.10.1.

There is created, in accordance with chapter 211 of the Texas Local Government Code, the "planning and zoning commission," hereafter sometimes referred to as the "P&Z," which shall consist of seven members. A minimum of two of the members shall be residents and registered voters of the City of Dripping Springs. As many as two of the members may be ETJ residents who are registered voters of Hays County. The remaining three members of the P&Z shall be at-large, and may either be residents and registered voters of the City of Dripping Springs, or ETJ residents who are registered voters of Hays County.

2.10.2.

Members of the P&Z may serve simultaneously on any other city board or commission, except for the city council or the board of adjustment.

2.10.3.

Members shall be nominated by City Council Members, and each person so nominated must be approved by a simple majority vote of the city council.

2.10.4.

All appointments to the P&Z shall serve a term of office of two years, except as noted below. Expiration of terms shall be staggered so that an overlapping occurs (in the first one-year period, the terms of three members shall expire during that year, and the term of four members shall expire in the second year). Members may be reappointed with no limitation on the number of terms one member may serve.

2.10.5.

Any vacancy(s) on the P&Z shall be filled for the unexpired term(s) via appointment by a simple majority vote of the city council for the remainder of the term.

2.10.6.

A P&Z member's position is automatically considered vacant if the member is absent for:

(a)

Three consecutive, regular meetings; or

(b)

Four regular meetings (cumulative) during the preceding 12-month period.

Exceptions shall be granted if the member first requests and obtains a written leave of absence from the chairperson of the P&Z, and absences are due to unusual circumstances beyond the member's control (such as sickness of the member or someone in the member's immediate family).

2.10.7.

Members of the P&Z may be removed from office by the city council at any time by a simple majority vote of the full city council (3/5), either:

(a)

Upon its own motion;

(b)

Upon recommendation of a simple majority (3/5) of the P&Z; or

(c)

Upon recommendation of the P&Z chairperson and one other P&Z member.

2.10.8.

The city council shall appoint a chairman from among the membership of the P&Z. The P&Z shall elect from among its membership, a vice-chairperson. The P&Z may elect from among its membership a secretary. Each officer shall hold office for one year or until replaced. The P&Z, at its first meeting on or after June, shall select all the positions.

2.10.9.

The P&Z shall have the power to make rules, regulations and bylaws for its own governance, which shall conform with those set forth by the city council. Such rules, regulations and bylaws shall be subject to approval by the city council. Such rules and bylaws shall include, among other items, provisions for the following:

(a)

Regular and special meetings (other than executive sessions);

(b)

A record of its proceedings, to be open for inspection by the public;

(c)

Reporting to the city council regularly; and

(d)

Reviewing the comprehensive plan regularly.

2.11.1.

The P&Z will follow the parliamentary procedure adopted by the city council, such as Robert's Rules of Order, Newly Revised, and procedures shall not be in conflict with the laws applicable to the P&Z (Refer to chapters 171 and 211 of the Texas Local Government Code, and any applicable city ethics policies).

2.11.2.

The P&Z shall have the power to make the rules, regulations and bylaws for its own governance, consistent with state law and rules promulgated by the city council.

2.11.3.

Quorum. A quorum shall consist of a majority of members of the P&Z. Motions shall carry with a simple majority vote.

2.11.4.

Voting. All P&Z members, including the chairperson, shall be entitled to one vote each upon any question. Voting procedures shall be in accordance with the parliamentary procedures adopted by the P&Z, with reference to Robert's Rules of Order. Refer to chapter 171 of the Texas Local Government Code and any applicable city ethics policies or regulations.

[2.11.5.

Reserved.]

2.11.6.

Conflict of interest.

(a)

A P&Z member shall not vote or participate in any deliberations regarding a matter before the P&Z if the member has any substantial interest in any tract within 200 feet of the property in question.

(b)

The P&Z member is considered to have a substantial interest if the P&Z member is related within the first degree of consanguinity (blood or adoption) or affinity (marriage) to a person who has a substantial interest.

(c)

In any case where the question of a member's interest is raised, the P&Z chairperson shall rule on whether the member shall be disqualified.

(d)

Under this section, a substantial interest exists in the following situations:

(1)

The P&Z member has an equitable or legal ownership interest in a tract with a fair market value of $2,500.00 or more;

(2)

The P&Z member acts as a developer of the tract;

(3)

The P&Z member receives in a calendar year funds exceeds [exceeding] ten percent of the P&Z member's gross annual income for the previous year from a business that:

[a]

Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00;

[b]

Acts as a developer of the tract; or

(4)

The P&Z member has an ownership interest in a business entity and:

[a]

The business entity:

(i)

Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00; or

(ii)

Acts as a developer of the tract; and

[b]

The P&Z member:

(i)

Owns ten percent or more of the voting stock or shares;

(ii)

Owns ten percent more of the fair market value; or

(iii)

Five thousand dollars or more of the fair market value.

2.12.1.

The P&Z shall meet in the municipal building or in some other specified location as may be designated by the chairperson, and at such intervals as may be necessary to orderly and properly transact the business of the P&Z.

2.12.2.

The members of the P&Z shall regularly attend meetings and public hearings of the P&Z.

2.12.3.

P&Z members shall serve without compensation, and shall not hold any other office within the city, or serve as an employee of the city while serving on the P&Z.

2.12.4.

Meetings of the P&Z shall be held at least once a month at the call of the chairperson or secretary, and at such other times as the P&Z may determine. If there have been no applications filed for review by the P&Z, the city secretary shall notify the chairperson and no meeting shall be required for that month. Meetings of the BOA shall be held at the call of the chairperson or secretary and at such other times as the BOA may determine.

2.12.5.

Meetings shall be conducted in accordance with the Texas Open Meetings Act. Refer to chapter 551 of the Texas Government Code.

Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the city's corporate limits and establishing ETJ are hereby adopted. The P&Z, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes and any lawfully executed agreements by the city pertaining to regulation of subdivisions in the city limits and ETJ.

2.14.1.

The P&Z shall have all the rights, powers, privileges and authority authorized and granted by the city council and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in chapters 211 and 212 of the Texas Local Government Code, as may be amended.

2.14.2.

The P&Z shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning, zoning ordinance amendments, and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of plats of subdivisions as may be submitted to it for review and other planning related matters delegated to the P&Z by the city council.

Whenever the city council and the P&Z are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning or subdividing property, and at other times when it is in the best interest of the city to do so, the city council and the P&Z are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings.

(Ordinance 1220.10, adopted 9/12/06)

There is hereby created a board of adjustment, sometimes referred to herein as the "BOA," for the purpose of making special exceptions to the terms of this chapter that are consistent with the general purpose and intent of this chapter. The BOA may grant special exceptions, in appropriate case, and is subject to certain conditions and safeguards. The BOA shall be composed of the members of the city council of the City of Dripping Springs as authorized by chapter 211.008(g) of the Texas Local Government Code, until such time as separate membership is appointed by the city council. The BOA shall also include two alternate members as appointed by the city council.

2.17.1.

Upon adoption of this chapter, the city council shall by default act as the BOA.

2.17.2.

The city council shall act as the board of adjustment consisting of five councilmembers and the mayor. The city council shall also appoint two alternates. All members (regular and alternate) shall be residents and registered voters of the City of Dripping Springs. Alternates shall serve two year terms and may be reappointed with no limitation on the number of terms one member may serve. Terms of alternates shall run concurrently with the term of the mayor. Members of the BOA shall serve during their term of office as a councilmember or mayor.

2.17.3.

Alternate members may attend all meetings of the BOA and are entitled to all information provided to regular members.

2.17.4.

Alternate members shall substitute for absent regular members, in which occasion the alternate members count toward the establishment of a quorum and have full voting privileges.

2.17.5.

Generally, candidates for BOA membership may also serve on other municipal advisory boards of the city. However, BOA members may not concurrently serve on the planning and zoning commission.

2.17.6.

Each person nominated by the city council to be a BOA alternate member must be approved by a simple majority vote of the city council before being appointed as a member of the board.

2.17.7.

The city council shall appoint a chairperson for the BOA, who shall serve a one-year term of office.

2.17.8.

The BOA shall elect a vice-chairperson from among its membership who shall serve a one-year term of office.

2.17.9.

The city administrator's designee shall serve as secretary to the BOA, and shall keep minutes of all meetings held by the BOA.

2.17.10.

The BOA shall have the power to make the rules, regulations and bylaws for its own governance, consistent with state law and rules promulgated by the city council.

(Ordinance 2018-26, adopted 8/9/18)

2.18.1.

Meetings of the BOA shall be held at the call of the chairperson or secretary and at such other times as the BOA may determine. All meetings of the BOA shall be open to the public, except as allowed by law. All cases to be heard by the BOA shall always be heard by at least four of the members.

2.18.2.

When meeting as the board of adjustment, the BOA cannot function as the city council. While BOA hearings may be held on the same day as city council meetings, BOA hearings must be clearly identified as separate from city council hearings.

2.19.1.

The BOA shall have the authority, granted under the Texas Local Government Code and those established herein, to exercise powers and to perform duties including the following:

(a)

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 chapter;

(b)

Authorize, in specific cases, a special exception from the terms of this chapter if the special exception is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done;

(c)

In exercising its authority under this chapter, the BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

2.19.2.

The concurring vote of at least 75 percent (or 4 of 5) of the full BOA is necessary to:

(a)

Reverse an order, requirement, decision or determination of an administrative official;

(b)

Decide in favor of an applicant on a matter on which the board is required to review under this zoning ordinance; or

(c)

Authorize a special exception from the terms of this chapter.

2.19.3.

Conflict of interest. A member shall not vote or participate in any deliberations regarding a matter before the BOA if the member has any personal interest in the property in question, whether such interest is direct, indirect, financial or otherwise. In any case where the question of a member's interest is raised, the chair shall rule on whether the member shall be disqualified.

2.19.4.

Conflict of interest.

(a)

A BOA member shall not vote or participate in any deliberations regarding a matter before the BOA if the member has any substantial interest in any tract within 200 feet of the property in question.

(b)

The BOA member is considered to have a substantial interest if the BOA member is related within the first degree of consanguinity (blood or adoption) or affinity (marriage) to a person who has a substantial interest.

(c)

In any case where the question of a member's interest is raised, the BOA Chairperson shall rule on whether the member shall be disqualified.

(d)

Under this section, a substantial interest exists in the following situations:

(1)

The BOA member has an equitable or legal ownership interest in a tract with a fair market value of $2,500.00 or more;

(2)

The BOA member acts as a developer of the tract; or

(3)

The BOA member receives in a calendar year funds exceeds [exceeding] ten percent of the BOA member's gross annual income for the previous year from a business that:

[a]

has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00; or

[b]

Acts as a developer of the tract; or

(4)

The BOA member has an ownership interest in a business entity and:

[a]

The business entity:

(i)

Has an equitable or legal ownership interest in the tract with a fair market value of $2,500.00; or

(ii)

Acts as a developer of the tract; and

[b]

The BOA member:

(i)

Owns ten percent or more of the voting stock or shares;

(ii)

Owns ten percent more of the fair market value; or

(iii)

Five thousand dollars or more of the fair market value.

2.20.1.

The BOA may not grant a special exception authorizing a use other than those permitted in the district for which the special exception is sought, except as provided below.

2.20.2.

The BOA shall have no power to grant or modify conditional use permits.

2.20.3.

In the event that a written request for a zoning amendment is pending before the P&Z or the city council, the BOA shall neither hear nor grant any special exceptions with respect to the subject property until final disposition of the zoning amendment.

2.20.4.

The BOA may grant a special exception for any parcel of property or portion thereof upon which a site plan, construction plat, or final plat, where required, is pending on the agenda of the P&Z and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the board of adjustment.

2.21.1.

There shall be a presumption against special exceptions.

2.21.2.

The BOA may authorize a special exception from these regulations when, in its opinion, undue hardship will result from requiring strict compliance.

2.21.3.

In granting a special exception, the BOA may prescribe conditions that it deems necessary to preserve the public interest. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.

2.21.4.

In making the findings hereinbelow required, the BOA shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such special exception will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

2.22.1.

No special exception shall be granted without first having given public notice and having held a public hearing on the written special exception request in accordance with this chapter.

2.22.2.

No special exception shall be granted unless the BOA finds that:

(a)

There are special circumstances or conditions affecting the land involved such that the literal enforcement of the provisions of this chapter would deprive the applicant of the reasonable use of the land;

(b)

The special exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(c)

The granting of the special exception will not be detrimental to the public health, safety or welfare, or injurious to other property within the area;

(d)

The granting of the special exception constitutes a minimal departure from this chapter;

(e)

The subject circumstances or conditions giving rise to the alleged hardship are not self-imposed, are not based solely on economic gain or loss, and do not generally affect most properties in the vicinity of the property; and

(f)

Granting the special exception is in harmony with the spirit, general purpose, and intent of this chapter so that:

(1)

The public health, safety and welfare may be secured; and

(2)

That substantial justice may be done.

2.22.3.

Such findings of the BOA, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the BOA meeting at which such special exception is granted.

The applicant bears the burden of proof in establishing the facts that may justify a special exception.

2.24.1.

Upon written request of the property owner, the BOA may grant special exceptions to the provisions of section 2.A. (Nonconforming Uses), limited to the following, and in accordance with the following standards:

(a)

Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming; or

(b)

Expansion of the gross floor area of a nonconforming structure provided that such expansion does not decrease any existing setback; or

(c)

Change from one nonconforming use to another, reconstruction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

2.24.2.

In granting special exceptions to nonconforming uses, the BOA may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare. Examples of possible conditions include, but [are] not limited to, conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of the zoning ordinance.

2.24.3.

The conditions for receiving a special exception listed in section 2.22 apply to nonconforming uses.

(Ordinance 1220.10, adopted 9/12/06)

2.25.1.

Appeal to BOA under this chapter.

(1)

Any of the following persons may appeal to the BOA a decision made by an administrative official that is not related to a specific application, address, or project under chapter 30 of this code:

(A)

A person aggrieved by the decision; or

(B)

Any officer, department, board, or bureau of the municipality affected by the decision.

(2)

Any of the following persons may appeal to the BOA a decision made by an administrative official that is related to a specific application, address, or project under chapter 30 of the code:

(A)

A person who filed the application that is the subject of the decision;

(B)

A person who is the owner or representative of the owner of the property that is the subject of the decision;

(C)

Any person who is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(D)

Any officer, department, or board of the city affected by the decision.

2.25.2.

The appeal must be filed not later than the 20th day after the decision has been rendered.

2.25.3.

Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the BOA all papers constituting the record of action that is appealed.

2.25.4.

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the BOA facts supporting the official's opinion that a stay would cause imminent peril to life or property.

2.25.5.

The appellant party may appear at the appeal hearing in person, by agent or attorney, or in absentia.

2.25.6.

The BOA shall decide to appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed, after which time the written request shall be deemed automatically approved if no formal action is taken.

2.25.7.

The BOA may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

2.25.8.

A member or members of the BOA may not bring an appeal on behalf of a property owner, other than himself/herself, to the board of adjustment. An appeal must be requested by the owner of the property being considered.

2.26.1.

Application and fee: An application for a special exception shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee, a site plan and such additional information as may be requested in writing in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale.

2.26.2.

Administrative report by the city: The city administrator shall visit the site where the proposed special exception will apply and the surrounding area, and shall report findings to the BOA.

2.26.3.

Public hearings: The BOA shall hold a public hearing for consideration of the written special exception request no later than 45 days after the date the application for action, or an appeal, is filed.

2.26.4.

Notice: Notice of the hearing shall be provided to all property owners within 300 feet of the affected property no more than 30 nor less than 15 days prior to the public hearing. Notice of the hearing must be published in the city's official newspaper no more than 30 nor less than 15 days prior to the first hearing at P&Z. Weather-resistant signs shall be erected on the property under application for the purposes of advertising the special exception request.

(a)

The signs shall be provided by the city.

(b)

Signs placed on the property involved must be within ten feet of any property line paralleling any established or proposed street, and must be visible from that street.

(c)

All required signs shall remain on the property until final disposition of the special exception request is determined.

(Ordinance 2019-41, adopted 11/12/19)

All decisions of the BOA are final and binding. However, any person aggrieved by a decision of the BOA may present a verified petition to a court of record which states that the decision of the BOA is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten days after the date the decision is filed in the city secretary's office. Subject to the provisions of chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the board of adjustment.

2.28.1.

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. No change shall be made in these regulations or in the boundaries of the zoning districts except:

(a)

To correct any error in the regulations or map;

(b)

To recognize changed conditions or circumstances in a particular locality;

(c)

To recognize changes in technology, the style of living, or manner of conducting business;

(d)

To make changes in order to implement policies reflected within the comprehensive plan.

2.28.2.

In making a determination regarding a requested zoning change, the P&Z and the city council shall consider the following factors:

(a)

Whether the proposed change will be appropriate in the immediate area concerned;

(b)

Their relationship to the general area and the city as a whole;

(c)

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area;

(d)

The amount of undeveloped land currently classified for similar development in the vicinity and elsewhere in the city, and any special circumstances which may make a substantial part of such undeveloped land unavailable for development;

(e)

The recent rate at which land is being developed in the same zoning classification, particularly in the vicinity of the proposed change;

(f)

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved;

(g)

Whether the proposed change treats the subject parcel of land in a manner which is significantly different from decisions made involving other, similarly situated parcels; and

(h)

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

2.29.1.

The city council may from time to time, after receiving a final report from the P&Z and after public hearings, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the zoning district map.

2.29.2.

Amendments may be requested by the city council, the P&Z, or, in writing by the owner of real property, or the authorized representative of an owner of real property. Upon receipt of such request, the item(s) shall be posted on the next P&Z agenda after proper notification has been given.

2.29.3.

Zoning amendments may be initiated by the property owner (or the owner's authorized agent), the P&Z, or the city council.

2.30.1.

Each application for a zoning amendment shall be made in writing on an application form available from the city in the office of the city secretary.

2.30.2.

Each application [shall be] filed with the city, and shall be accompanied by payment of the appropriate fee.

2.30.3.

The application shall also be accompanied by additional information materials, such as:

(a)

Plans,

(b)

Maps,

(c)

Exhibits,

(d)

Legal description of property,

(e)

Architectural elevations,

(f)

Information about proposed uses, as deemed necessary by the city administrator.

2.30.4.

A concept plan shall be submitted as prescribed in this chapter, along with any zoning request involving the formation of a planned development district.

2.30.5.

All zoning change requests shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of a land owner's agent to file the change request.

2.31.1.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning amendment request is first submitted to the city administrator. No application shall be deemed officially submitted until the city administrator determines that the application is complete and a fee receipt is issued by the city. Failure by the city administrator to make a determination of incompleteness within 30 calendar days following the date on which the application was first received by the city, shall result in the application being deemed complete, and the "official submission date" shall become the 31st calendar day following initial receipt of the application by the city.

2.31.2.

Zoning amendment request applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the city, and shall not be scheduled on a P&Z agenda until the proper information is provided to city staff.

2.32.1.

For zoning requests involving a particular structure or tract of real property, the P&Z shall hold at least one public hearing on each zoning application.

2.32.2.

Notice of the P&Z hearing shall be provided to all property owners within 300 feet of the affected property no more than 30 nor less than 15 days prior to the public hearing. Such notice may be served by using the last known address as listed on the most recently approved Hays County tax roll and depositing the notice, with first class postage paid, in the United States mail. Notice of the hearing must be published in the city's official newspaper no more than 30 nor less than 15 days prior to the first hearing at P&Z. Weather-resistant signs shall be erected on the property under application for the purposes of advertising the zoning amendment request.

(a)

The signs shall be provided by the city.

(b)

Signs placed on the property involved must be within ten feet of any property line paralleling any established or proposed street, and must be visible from that street.

(c)

All required signs shall remain on the property until final disposition of the special exception request is determined.

2.32.3.

For requests involving proposed changes to the text of the zoning ordinance, but not limited specifically to a particular structure or tract, notice of the P&Z hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the city not less than 15 days prior to the date of the public hearing. Changes in the ordinance text which do not change zoning district boundaries, do not establish zoning regulations for specific districts, or do not involve specific real property, do not require written notification to individual property owners.

Failure of the applicant to appear for a hearing without an approved delay by the city administrator, shall constitute sufficient grounds for the P&Z or the city council (as applicable) to table or deny the application unless the city is notified of the anticipated absence in writing by the applicant at least 72 hours prior to the hearing.

(Ordinance 1220.10, adopted 9/12/06)

2.34.1.

The P&Z shall hold a public hearing on a zoning an amendment to the zoning ordinance. After all public input has been received and the public hearing closed, the P&Z shall make its recommendations on the proposed zoning request and concept plan, if submitted, stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the city's comprehensive plan. The P&Z may, on its own motion or at the applicant's request, defer its decision recommendations until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the P&Z elects to postpone or defer its hearing on the request, such action shall specifically state the time period of the postponement by citing the meeting date whereon the request will reappear on the P&Z's agenda.

2.34.2.

When the P&Z is ready to act upon the zoning request, it may recommend:

(a)

Approval of the request as it was submitted by the applicant;

(b)

Approval of the request subject to certain conditions as in the case of a planned development district (PDD) or a conditional use permit (CUP); or

(c)

Disapproval of the request.

2.34.3.

The P&Z's recommendation will be automatically forwarded to the city council for a second public hearing thereon.

2.35.1.

Council review: Every application or proposal which is recommended for approval or approval with conditions by the P&Z shall be automatically forwarded, along with the P&Z's recommendation, to the city council for setting and holding of public hearing thereon following appropriate public hearing notification, as prescribed in subsection 2.32. The city council may then approve the request, approve it with conditions, or disapprove it by a simple majority vote of the city council members present and voting, except where super majority is required as listed below.

2.35.2.

Unanimously denied by P&Z: If P&Z unanimously recommends denial, approval by the city council shall require an affirmative vote by a two-thirds majority of those present and voting. No zoning change shall become effective until after the adoption of an ordinance for same.

2.36.1.

After a public hearing is held before the city council regarding the zoning application, the city council may:

(a)

Approve the request in whole or in part;

(b)

Deny the request in whole or in part;

(c)

Continue the application to a future meeting, specifically citing the city council meeting to which it was continued; or

(d)

Refer the application back to the P&Z for further study.

2.36.2.

If the city council denies the request, then no other zoning application may be filed for (all or part of) the subject tract of land, or for that portion of this chapter, in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of six months following the denial. In the instance that the request was initiated by the city council and involved a proposed amendment to the text of this chapter, then there is no waiting period before the request can be reconsidered. This section shall not apply to applications for the same tract of land proposing a different zoning change than that which was previously denied, provided no more than three applications are submitted for the same tract within a 12-month period.

2.36.3.

The city council may, at its option, waive the six month waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

(Ordinance 2019-41, adopted 11/12/19)

For zoning requests involving real property, a favorable vote of four of the five council members (i.e., a super majority) of all members of the city council shall be required to approve any change in zoning when written objections are received from owners of 20 percent or more of the land area covered by the proposed change, or the land area within 200 feet (See section 211.006 of the Texas Local Government Code).

The zoning request shall be deemed approved at the time the city council makes a decision to approve the request as submitted or with certain conditions.

2.39.1.

Certificates of occupancy shall be required for any of the following:

(a)

Occupancy and use of a building hereafter erected or structurally altered (including renovation/rehabilitation of residential structures) as described in section 2.40. below;

(b)

Change in use of an existing building to a use of a different classification;

(c)

Change in the use of land to a use of a different classification.

2.39.2.

No such use, or change of use, shall take place until a certificate of occupancy has been issued by the city.

2.39.3.

It shall be criminal misdemeanor offense to occupy a building, or portion that is being reconstructed or restored, for which a certificate of occupancy is required under this chapter but has not been issued by the city.

2.39.4.

Certificates of occupancy may be withheld or withdrawn if the premises is a public nuisance that fails to comply with the city's health and safety regulations.

2.40.1.

Written application for a certificate of occupancy for a new building or for an existing building that is to be altered shall be made at the same time as the application for the building permit for such building.

2.40.2.

Said certificate shall be issued after the building or structure has been inspected and no violations of this chapter or other city regulations have been found.

2.41.1.

Written application for a certificate of occupancy for the use of vacant land, a change in the use of land, or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the city.

2.41.2.

If the proposed use is found to be in conformity with the provisions of this chapter, the certificate of occupancy shall be issued after the application for same has been made and all required inspections are completed and approved by the city.

2.42.1.

Every certificate of occupancy shall contain the following:

(a)

A building permit number;

(b)

The address of the building;

(c)

The name and address of the owner;

(d)

A description of that portion of the building for which the certificate is issued;

(e)

A statement that the described portion of the building has been inspected for compliance with the requirements of the city's building codes;

(f)

Use(s) allowed;

(g)

Maximum number of occupants (as determined by the Hays County Fire Marshal);

(h)

The issue date of the certificate of occupancy; and

(i)

The zoning district in which the building or structure is located.

A nonresidential certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the city.

All proposed nonresidential and residential developments shall comply with the currently adopted site plan development ordinance, which establishes regulations for concept plans and site development plans and permits. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the comprehensive plan, appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, coverage, and other utilities and services.

2.45.1.

Site plan review and approval shall be required for all nonresidential and specified residential projects and any planned development district or conditional use permit [and] public hearings may also be required, as set forth in the site plan development ordinance.

[2.45.2.

Reserved.]

2.45.3.

Although the concept plan and site plan review steps are listed as separate steps in the approval process herein, these two steps can be combined if the applicant so chooses by submission of a site plan.

Building permits shall be required in the ETJ only in accordance with any applicable development agreements or other authorizations approved by the council that mandate building permits. No building permit shall be issued for any of the above developments until a site plan and all other required engineering or construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the city.

(Ordinance 1220.10, adopted 9/12/06)

The historic preservation commission (also referred to as HPC) shall function according to the following criteria.

(a)

Membership; organization; meetings: There is hereby created a commission to be known as the city historic preservation commission. The commission members shall serve without pay. The commission shall consist of seven members to be appointed by majority vote of the city council.

(1)

All commission members shall have a demonstrated outstanding interest in the historic traditions of the city and experience in the preservation of the historic character of the city.

(2)

The city council shall endeavor, to the extent reasonably available, to appoint members from the following categories:

(A)

Architect, planner or design professional;

(B)

Historian;

(C)

Licensed real estate broker or appraiser;

(D)

Attorney at law;

(E)

Owner of a landmark property or property in a historic district;

(F)

Member of the Hays County Historical Society;

(G)

Archaeologist;

(H)

Geographer;

(I)

Anthropologist; and/or

(J)

Member of the planning and zoning commission.

(3)

To the extent possible, the city council shall endeavor to appoint to the commission residents, business owners or property owners from within the city limits or extraterritorial jurisdiction. The commission as a whole shall represent the ethnic makeup of the city to the extent possible.

(4)

Commission members shall serve for a term of two years, with the exception that the initial term of three members shall be one year. The terms shall expire in June. Commission members may be removed by the city council for cause.

(5)

The chair and vice-chair of the commission shall be elected by and from the members of the commission and shall serve for a period of one year.

(6)

The commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the chair or on the request of any two commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Government Code chapter 551.

(7)

A quorum for the transaction of business shall consist of a simple majority of the membership.

(8)

Commission members unable to attend any meeting shall notify the chairperson as soon as possible, in order to assure a quorum will be present. Any member of the commission absent for three regular consecutive meetings or four regular meetings during the preceding twelve-month period of the commission, without having obtained leave of absence at a regular meeting, unless prevented by sickness, shall be deemed to have automatically vacated his or her office.

The commission shall be empowered to:

(1)

Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission;

(2)

Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the city council;

(3)

Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the city council;

(4)

Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city;

(5)

Recommend the designation of resources by the city council as landmarks and historic districts;

(6)

Create committees and delegate to these committees' responsibilities to carry out the purposes of this article;

(7)

Maintain written minutes which record all proceedings and actions taken by the commission;

(8)

Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers;

(9)

Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs;

(10)

Make recommendations to the city council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city;

(11)

Approve or disapprove of applications for certificates of appropriateness pursuant to this article;

(12)

Prepare specific design guidelines to be enacted by the city council for the review of landmarks and districts;

(13)

Recommend the acquisition of a landmark structure by the city where its preservation is essential to the purpose of this article and where private preservation is not feasible;

(14)

Propose tax abatement programs for landmark districts;

(15)

Accept on behalf of the city the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the city council;

(16)

Evaluate concept site plans in accordance with all historic district zoning requirements for proposed construction, other than ordinary repairs or maintenance for which the cumulative cost of construction is less than $10.000.00, in the historic districts as part of the certificates of appropriateness review;

(17)

Conduct reviews of applications for alternative exterior design standards and consider the alternative exterior design standards for issuance or denial.

(Ordinance 2020-26, adopted 6/9/20)