Eastland City Zoning Code
Division 3
Administrative Procedures and Required Permits
§ 19-36 Planning and zoning board.
A planning and zoning board shall be organized, and shall have the powers and duties as specified herein.
(1)
Organization and membership.
There shall be established a planning and zoning board which shall consist of five (5) citizens of the city and an ex-officio member who will be the city employee responsible for the planning and zoning activities of the city. The voting members of said board shall be appointed by the mayor with the approval of the city commission for a term of three (3) years, which term shall be extended until a successor is appointed and qualified to serve on such board. There shall be two (2) alternate board members, who shall also be citizens of the city and shall be appointed by the mayor with the approval of the city commission for a term of three (3) years. Said alternate members shall serve in the absence of regular board members when requested to do so by the city manager. The board shall elect a chairman from among its official members, and such other officers, as it may deem necessary. Appointees shall serve without compensation. A vacancy in an unexpired term shall be filled by the mayor with the approval of the city commission for the remainder of the term. Such commission shall adopt rules for the practical and efficient transaction of business, and shall keep a record of its transactions, findings, and determinations, which record shall be a public record. Meetings shall be held upon the call of the chairman.
(2)
Powers and duties.
The planning and zoning board shall:
(a)
Make, amend, extend, or add to a land use plan for the physical development of the city, which shall contain the board's recommendations for growth, improvement, and beautification of the city.
(b)
Recommend to the city commission approval or disapproval of proposed changes in the zoning districts and/or ordinance.
(c)
Approve or disapprove the platting or subdividing of land within the corporate limits of the city and within adjacent areas as permitted by law.
(d)
Submit annually to the city commission, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements, if any, which in the opinion of the board, are necessary or desirable during the forthcoming five (5) year period.
(e)
Recommend to the city commission approval or disapproval of plans for slum clearance, public housing, housing rehabilitation, and urban redevelopment projects.
(f)
Perform such additional duties, as the city commission shall prescribe that relates to municipal planning.
(Ordinance 18-844, art. III, sec. 1, adopted 1/22/19; Ordinance 22-893 adopted 5/15/2023)
§ 19-37 Enforcement.
(1)
Administration.
The provisions of this article shall be administered by the chief administrative officer of the city or his designee.
(2)
Inspection.
The chief administrative officer and/or building official shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this article.
(3)
Stop orders.
Whenever any construction work is being done contrary to the provisions of this article, the chief administrative officer and/or building official may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the chief administrative officer and/or building official to proceed with the work.
(Ordinance 18-844, art. III, sec. 2, adopted 1/22/19)
§ 19-38 Effect upon existing permits, agreements, rights, etc.
(1)
Existing permits and private agreements.
This article is not intended to abrogate or annul any permits issued before the effective date of this article, or any easement, covenant or any other private agreement.
(2)
Preserving rights in pending litigation and violations under existing ordinances.
By the passage of this article, no presently illegal use shall be deemed to have been legalized unless such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this article that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this article; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or caused presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
(3)
Completion of existing buildings.
(a)
Nothing in these regulations nor any amendments hereto which change district boundaries shall require any change in the plans, construction, or designated use of a building which shall be completed in its entirety within two (2) years from the date of the passage of this article, provided such building either [sic] was actually under construction at the time of the passage of this article, and further provided construction shall have been started within ninety (90) days from passage of this article.
(b)
Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this article shall be observed.
(4)
Temporary zoning; new subdivision; annexed areas.
(a)
Unplatted property.
The planning and zoning board of the city shall not approve any plat or any subdivision within the city limits of the City of Eastland, until the area covered by the proposed plat shall have been permanently zoned by the city commission.
(b)
Proposed annexation.
In the event the planning and zoning board holds a hearing on proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters of permanent zoning and annexation at the same time.
(c)
Zoning annexed areas.
All territory annexed to the city hereafter shall be temporarily classified as “AO” Agricultural Open Space District only until permanently zoned by the city commission. The planning and zoning board shall, as soon as practicable after any annexation of any territory, recommend to the city commission a permanent zoning, and the procedure to be followed shall be as provided by law for the adoption of original zoning regulations.
(Ordinance 18-844, art. III, sec. 3, adopted 1/22/19)
§ 19-39 Board of adjustment.
(1)
Organization and procedure.
(a)
A board of adjustment is created consisting of five citizens of the city, each to be appointed by the mayor and confirmed by the city commission, for terms of two (2) years, respectively, provided that, when the first board shall be appointed hereunder, two members shall be appointed for one year and three members for two years. At least one member of the board shall be a member of the planning and zoning board and his term shall expire at the same time as his term on such board. A member appointed to fill a vacancy shall serve for the unexpired term.
(b)
Three (3) alternate members of the board of adjustment may be appointed by the mayor and confirmed by the city commission and shall serve in the absence of one or more regular members. These alternate members, when appointed, shall serve for terms of two (2) years, respectively, provided that, when the first board shall be appointed hereunder, one alternate member shall be appointed for one year, and two alternate members for two years. At least one alternate board member shall be a member of the planning and zoning board and his term shall expire at the same time as his term on such board. A member appointed to fill a vacancy shall serve for the unexpired term.
(c)
In the absence of a board of adjustment, the city commission shall perform all functions of a board of adjustment.
(d)
The hearings of the board of adjustment shall be public. However, the board may go into executive session for discussion but not for vote on any case before it. The board shall organize annually and elect a president, vice-president and secretary. The board of adjustment shall act by resolution in which four (4) members must concur. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this article, and shall furnish a copy of the same to the inspector of buildings, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith. The board shall hear the intervention of any owner of any property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.
(e)
The board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(2)
Appeals to board.
(a)
Appeals may be taken to and before the board of adjustment, by any person aggrieved, or by any officer, department, board or bureau of the city. Such appeal shall be taken by filing with the office of the board, a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board of adjustment, all of the papers constituting the record upon which the action appealed from was taken.
(b)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which 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 equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(c)
The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of their lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city and depositing of such written notice in the mail shall be deemed sufficient compliance therewith. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to have made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(3)
Powers and duties of board.
The board of adjustment shall have the following powers and it shall be its duty:
(a)
To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the inspector of buildings in the enforcement of this code.
(b)
In hearing and deciding appeals the board shall have the power to grant an exception in the following instances:
(1)
Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this code.
(2)
Interpret the provisions of this code in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts, accompanying and made a part of this code, where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid.
(3)
Permit the erection and use of a building or the use of premises for railroads or public utility purposes.
(4)
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than sixty percent (60%) of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(5)
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(6)
Permit land within three hundred (300) feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.
(7)
To determine whether an industry should be permitted within the “LI” Restricted Industrial and the “HI” Industrial Districts because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
(c)
The board shall have the authority to grant the following variations:
(1)
Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.
(2)
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this code relating to the use, construction or alterations of buildings or structures or the use of land will impose upon him unusual and practical difficulties or particular hardship, such variations of the strict application of the terms of this article as are in harmony with its general purpose and intent, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this article, and at the same time, the surrounding property will be properly protected. In considering all appeals and all proposed exceptions or variations to this article the board shall, before making any exceptions or variations from the ordinance in a specific case, first determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public health, safety, comfort, morals, or welfare of the inhabitants of the city.
(4)
Fee.
A fee of $__________(see rate and fee schedule section 1900-4), shall be paid to the city secretary at the time the notice of appeal is filed, which the inspector shall forthwith pay over to the director of finance to the credit of the general revenue fund of the city.
(Ordinance 18-844, art. III, sec. 4, adopted 1/22/19)
§ 19-40 Amendments.
(1)
Authority; general.
(a)
The zoning ordinance may be amended by changing the district boundaries or other provisions thereof, whenever the public necessity, convenience, and general welfare require such amendment.
(b)
No proposed amendment shall be recommended by the planning and zoning board or passed by the city commission except on substantial proof that it is in accordance with sound zoning practices and will serve to promote the public health, safety, convenience, or general welfare. With regard to change in zoning boundaries, no amendment shall be made except upon demonstration that conditions and trends of development in the area have so altered since adoption of existing boundaries as to justify the change, or that existing boundaries, either through prior error or change in conditions, are unreasonable and that objectives of the ordinance will be promoted by the proposed amendment.
(c)
In accordance with title 7, subtitle A (Municipal Regulatory Authority), section 2-11 [chapter 211] (Municipal Zoning Authority), Vernon's Texas Civil Statutes, Local Government Code, such amendments shall be made only in accordance with a comprehensive land use plan. Where individual zoning exceptions may be desirable within a district, because of the nature of the structures and the design of the district, this article has specifically provided for the use of special exceptions within the district to accomplish necessary deviations from the basic ordinance, under the control of the board of adjustment.
(2)
Action by planning and zoning board.
Before taking action on any proposed amendment, supplement or change, the city commission shall submit the proposed revision to the planning and zoning board, which shall make a preliminary report and hold a public hearing thereon before submitting its final report. In amendments involving proposed changes in classification, written notice shall be given to all owners of property, or to the person rendering the property for city taxes, affected by such proposed changes or classifications, located within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before any such hearing is held. In addition, notice of such hearing shall be published in a newspaper of general circulation, not less than ten (10) days before any such hearing is held. In amendments involving the general terms and regulations of this article, the newspaper notice will serve as sufficient notice and no specific property owners need to be notified.
(3)
Action by the city commission.
After receipt of the final report from the planning and zoning board, a public hearing shall be held by the city commission, before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication one (1) time in a paper of general circulation in city stating the time and place of such hearing, which time shall be not less than ten (10) days from the first date of publication.
(4)
City commission vote required.
Unless such proposed amendment, supplement or change has been approved by the planning and zoning board such amendment, supplement or change shall not become effective except by concurrence of four (4) members of the city commission, and no vote shall be taken unless the full membership of the city commission is present.
(5)
Filing fee.
No notices of any application for change of zoning district boundaries or for any change of zoning ordinance or classification shall be issued, and no hearings shall be had before either the planning and zoning board or the city commission until a filing fee accompanying such application is paid. The filing fee (payable in cash, certified check or casher's check), shall be $__________(see rate and fee schedule section 1900-5) for the first one hundred (100) feet, or fraction thereof, of lot frontage involved and $__________(see rate and fee schedule section 1900-5) for each additional one hundred (100) feet, or fraction thereof.
(Ordinance 18-844, art. III, sec. 5, adopted 1/22/19)
§ 19-41 Violation, penalties, and legal procedures.
(1)
Any person who shall violate any of the provisions of this article or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in accordance with the city Code of Ordinances, general penalty provision, section 1-14. Each day shall violation be permitted to exist [sic] shall constitute a separate offense.
(2)
The owner of that building or premises or part thereof where anything in violation of this article shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the board of any such violation shall each be guilty of a separate offense and upon conviction shall be subject to the penalties herein provided.
(3)
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of the general law or of the terms of this article, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use, in or about such land; and the definition of any violation of the terms of this article as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by law in such cases, but same shall be cumulative or and in addition to the penalties prescribed for such violation
(Ordinance 18-844, art. III, sec. 6, adopted 1/22/19)
§ 19-42 Validity.
If any section, paragraph, subdivision, clause, phrase or provision of this article shall be adjudged invalid or held unconstitutional the same shall not affect the validity of this article as a whole or any part of provisions thereof, other than the part so decided to be invalid or unconstitutional.
(Ordinance 18-844, art. III, sec. 7, adopted 1/22/19)
§ 19-43 Interpretation of ordinance.
Wherever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or that imposing the higher standards shall govern.
(Ordinance 18-844, art. III, sec. 8, adopted 1/22/19)