Edinburg City Zoning Code

ARTICLE 8

Administration

Sec. 8.101, Purpose

This Article establishes the various decision-making and advisory boards that directly participate in development review and decisions regarding development review procedures. Other boards that affect or advise as to the use or development of land or infrastructure may also exist as provided by the Edinburg Charter, Code of Ordinances, or state law.

Effective on: 8/9/2022

Sec. 8.102, Applicability

Delegation of Authority by City Council. The provisions of Section 8.205, City Council, are intended to establish the City Council’s role with respect to decisions about individual properties pursuant to this Code. No part of this Code restricts or limits any other powers that are granted to the City Council by federal law, state statute, or the City's Code of Ordinances.

Other Administrative Bodies. The provisions of this Article that relate to other bodies are representative of the authority that the City Council has delegated to them with respect to application and enforcement of this Code.

No Implied Limitation. The provisions of this Article shall not be a limitation of the City Council's ability to delegate other responsibilities as set out elsewhere in the City's Code of Ordinances or any policy document.

Effective on: 8/9/2022

Sec. 8.201, Administrator

Designation of Administrator. The Administrator is the Director of the Planning and Zoning Department or any other City staff member designated by the City Manager.

Development Review. The Administrator shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Duties of Administrator. It is the duty of the Administrator to administer and enforce the provisions of this Code.

Right of inspection and enforcement. The Administrator or duly authorized agent(s) has the right to enter and inspect any structure or land in order to verify that the structure or land complies with the provisions of this Code. The Administrator or an official agent has the power to take any lawful action to prevent or abate a violation as specifically prescribed in Article 10, Enforcement and Remedies.

Effective on: 8/9/2022

Sec. 8.202, Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in Sec. 9.103, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this Code);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes; and
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections.

Effective on: 8/9/2022

Sec. 8.203, City Engineer

Generally. With respect to the administration of this UDC, the City Engineer is generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure. The City Engineer also establishes and promulgates Edinburg's Engineering Standards Manual, as may be amended.

Powers and Duties Relative to Matters in this UDC. The City Engineer shall have the authority to make recommendations and/or final decisions on the development applications denoted in Sec. 9.103, Development Review Summary Table.

Powers and Duties Relative to Matters Outside of this UDC. In addition to the powers and duties referenced above, the City Engineer shall perform duties as outlined in the remainder of the City's Code of Ordinances.

Effective on: 8/9/2022

Sec. 8.204, Floodplain Administrator

Generally. The Floodplain Administrator administers and implements provisions related to floodplain management for the City.

Designation. The City Engineer may designate or serve as the Floodplain Administrator.

Duties of Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.
Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.
2.
Review permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
3.
Review, approve, or deny all applications for development permits required by adoption of these regulations.
4.
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. 1334) from which prior approval is required.
5.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
6.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
7.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
8.
When base flood elevation data has not been provided in accordance with Division 6.100, Flood Damage Prevention, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source in order to administer the provisions of Article 6, Environmental Management.
9.
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
11.
After a disaster or other type of damage occurrence to structures in the City, determine if any residential structures, non-residential structures, and manufactured homes have been substantially damaged and enforce the substantial improvement requirement.

Development Review. The Floodplain Administrator shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.205, City Council

The City Council shall have all powers conferred upon it by the Constitution and the laws of the State of Texas and the City of Edinburg Home Rule Charter. With respect to development approval and amendments to this Code and the City's Comprehensive Plan, the City Council shall exercise the following powers:

A.
Generally. The City Council of the City of Edinburg is established by Article 2 of the City's Home Rule Charter.
B.
Compensation. The composition of the City Council, the terms of its elected officials, and the filling of vacancies shall be as provided in the City of Edinburg Home Rule Charter.
C.
Rules; Meetings; Administration of Oaths; Witnesses; Records. The procedural rules, conduct of meetings, meeting schedules, and the powers and duties of the City Council with respect to the administration of oaths, summoning of witnesses, and keeping of records are as set out or provided for in the City of Edinburg Home Rule Charter and State law.
D.
Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.206, Development Review Committee

Established. The City maintains a coordinated and centralized committee, known as the Development Review Committee (DRC), that is composed of the City staff members in development review for the purpose of making recommendations on certain applications established in this UDC.

Development Review. The DRC shall have the authority to make recommendations on the development review applications denoted in Sec. 9.103, Development Review Summary Table.

Membership. The DRC may be composed of the following City staff members.

1.
Chairperson. The Administrator shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other City Staff Members. In addition to the Chairperson, other City staff members of the DRC may include the:
1. a.
  City Engineer;
2. b.
  Administrator;
3. c.
  Director of Parks & Recreation;
4. d.
  Fire Marshal; and
5. e.
  Building Official.
3.
Non-City Staff Members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.

Applicant Meeting. The applicant may meet with the DRC to receive its comments and recommendations on an application, so as to allow the applicant to make any required or recommended changes, corrections, or modifications to a submittal.

Effective on: 8/9/2022

Sec. 8.207, Planning and Zoning Commission

In addition to the specific powers and duties conferred by Section 211.007, Texas Local Government Code, the Planning and Zoning Commission shall have the following powers and duties.

A.
Powers and Duties.
1. 1.
  Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.
2. 2.
  Studies and Policy Recommendations to the City Council. The Planning and Zoning Commission is the City's citizen-based planning body. It is empowered to conduct appropriate studies, draft proposed regulations and amendments, and make policy recommendations to the City Council regarding the Comprehensive Plan. In this respect, the Planning and Zoning Commission shall:
  1. a.
    Periodically make studies of the City's resources, development trends, environmental and aesthetic condition, and other issues and needs related to the use and development of land, and report its findings to the City Council.
  2. b.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Comprehensive Plan as appropriate.
  3. c.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Unified Development Code as appropriate.
B.
Membership. The Planning and Zoning Commission shall consist of seven members.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Planning and Zoning Commission members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Planning and Zoning Commission members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances.
3. 3.
  Members shall be removed from the Planning and Zoning Commission as provided by Section 32.04, City of Edinburg Code of Ordinances or State law.
D.
Qualifications. All members of the Planning and Zoning Commission:
1. 1.
  Shall be qualified by knowledge or experience to act in matters pertaining to the development and administration of the Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; and
3. 3.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Planning and Zoning Commission members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four Planning and Zoning Commission members shall constitute a quorum of the Planning and Zoning Commission necessary to take action and transact business.
2. 2.
  All official actions shall require a simple majority of the quorum present.
3. 3.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
4. 4.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
5. 5.
  The Planning and Zoning Commission may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
6. 6.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
7. 7.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Planning and Zoning Commission if due process standards are met.
8. 8.
  A member of the Planning and Zoning Commission shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Planning and Zoning Commission shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Planning and Zoning Commission shall hold meetings at the call of the Chairperson, and at other times determined by the Planning and Zoning Commission, but there shall be no less than one regular meeting each month.
3. 3.
  The Planning and Zoning Commission shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Planning and Zoning Commission.
I.
Witnesses and Administration of Oaths. The Chairperson of the Planning and Zoning Commission may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the employee shall act as secretary of the Planning and Zoning Commission, but shall not be a member.
2. 2.
  The Planning and Zoning Commission shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. The records and minutes shall be filed with the City Secretary.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary.
4. 4.
  All records, minutes, and recordings of Planning and Zoning Commission proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Commission's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.208, Board of Adjustment

The Board of Adjustment shall have the following powers:

A.
Powers and Duties. The Board of Adjustment shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table
B.
Membership. The Board of Adjustment shall consist of five members and four alternates.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Board of Adjustment members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Board of Adjustment members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances. .
3. 3.
  Members shall be removed from the Board of Adjustment by the City Council for cause, upon written charges and after a public hearing.
D.
Qualifications. All members of the Board of Adjustment:
1. 1.
  Shall be qualified by knowledge or experience with the content and application of the Unified Development Code and Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; a
3. 3.
  Shall not hold any elective office in the municipal or county government; and
4. 4.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Board of Adjustment members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four members of the Board of Adjustment who are eligible to take action on the item before the Board shall constitute a quorum.
2. 2.
  When any regular members of the Board are absent or recusing themselves, an alternate shall take their place for the hearing and decision.
3. 3.
  All official actions shall require a simple majority of the quorum present, except that the concurring vote of four members of the board is necessary to:
  1. a.
    Reverse an order, requirement, decision, or determination of the Administrator or an administrative agency;
  2. b.
    Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance or airport zoning regulation; or
  3. c.
    Authorize a variation from the terms of the Unified Development Code or an airport zoning regulation. Cross-references: ss. 211.009(c) and 241.032, Texas Local Government Code.
4. 4.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
5. 5.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
6. 6.
  The Board of Adjustment may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
7. 7.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
8. 8.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Board of Adjustment if due process standards are met.
9. 9.
  A member of the Board of Adjustment shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Board of Adjustment shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Board of Adjustment shall hold meetings at the call of the Chairperson, and at other times determined by the Board, but there shall be no less than one regular meeting each month.
3. 3.
  The Board of Adjustment shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Board.
I.
Witnesses and Administration of Oaths. The Chairperson of the Board of Adjustment may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the Administrator shall act as secretary of the Board of Adjustment, but shall not be a member.
2. 2.
  The Board of Adjustment shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. Records and minutes shall be filed with the City Secretary and in the office of the Board of Adjustment.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary and in the office of the Board of Adjustment.
4. 4.
  All records, minutes, and recordings of Board of Adjustment proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.209, Other Advisory Boards

Other advisory and decision-making boards, including but not limited to the Joint Airport Zoning Board, the Community Development Council, and the Capital Improvements Committee, shall be established, appointed, empowered, and shall conduct business in accordance with Chapter 32 of the City of Edinburg Code of Ordinances.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 8

Administration

Sec. 8.101, Purpose

Effective on: 8/9/2022

Sec. 8.102, Applicability

Effective on: 8/9/2022

Sec. 8.201, Administrator

Designation of Administrator. The Administrator is the Director of the Planning and Zoning Department or any other City staff member designated by the City Manager.

Duties of Administrator. It is the duty of the Administrator to administer and enforce the provisions of this Code.

Effective on: 8/9/2022

Sec. 8.202, Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in Sec. 9.103, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this Code);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes; and
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections.

Effective on: 8/9/2022

Sec. 8.203, City Engineer

Effective on: 8/9/2022

Sec. 8.204, Floodplain Administrator

Generally. The Floodplain Administrator administers and implements provisions related to floodplain management for the City.

Designation. The City Engineer may designate or serve as the Floodplain Administrator.

Duties of Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.
Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.
2.
Review permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
3.
Review, approve, or deny all applications for development permits required by adoption of these regulations.
4.
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. 1334) from which prior approval is required.
5.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
6.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
7.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
8.
When base flood elevation data has not been provided in accordance with Division 6.100, Flood Damage Prevention, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source in order to administer the provisions of Article 6, Environmental Management.
9.
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
11.
After a disaster or other type of damage occurrence to structures in the City, determine if any residential structures, non-residential structures, and manufactured homes have been substantially damaged and enforce the substantial improvement requirement.

Development Review. The Floodplain Administrator shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.205, City Council

A.
Generally. The City Council of the City of Edinburg is established by Article 2 of the City's Home Rule Charter.
B.
Compensation. The composition of the City Council, the terms of its elected officials, and the filling of vacancies shall be as provided in the City of Edinburg Home Rule Charter.
C.
Rules; Meetings; Administration of Oaths; Witnesses; Records. The procedural rules, conduct of meetings, meeting schedules, and the powers and duties of the City Council with respect to the administration of oaths, summoning of witnesses, and keeping of records are as set out or provided for in the City of Edinburg Home Rule Charter and State law.
D.
Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.206, Development Review Committee

Development Review. The DRC shall have the authority to make recommendations on the development review applications denoted in Sec. 9.103, Development Review Summary Table.

Membership. The DRC may be composed of the following City staff members.

1.
Chairperson. The Administrator shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other City Staff Members. In addition to the Chairperson, other City staff members of the DRC may include the:
1. a.
  City Engineer;
2. b.
  Administrator;
3. c.
  Director of Parks & Recreation;
4. d.
  Fire Marshal; and
5. e.
  Building Official.
3.
Non-City Staff Members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.

Effective on: 8/9/2022

Sec. 8.207, Planning and Zoning Commission

In addition to the specific powers and duties conferred by Section 211.007, Texas Local Government Code, the Planning and Zoning Commission shall have the following powers and duties.

A.
Powers and Duties.
1. 1.
  Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.
2. 2.
  Studies and Policy Recommendations to the City Council. The Planning and Zoning Commission is the City's citizen-based planning body. It is empowered to conduct appropriate studies, draft proposed regulations and amendments, and make policy recommendations to the City Council regarding the Comprehensive Plan. In this respect, the Planning and Zoning Commission shall:
  1. a.
    Periodically make studies of the City's resources, development trends, environmental and aesthetic condition, and other issues and needs related to the use and development of land, and report its findings to the City Council.
  2. b.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Comprehensive Plan as appropriate.
  3. c.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Unified Development Code as appropriate.
B.
Membership. The Planning and Zoning Commission shall consist of seven members.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Planning and Zoning Commission members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Planning and Zoning Commission members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances.
3. 3.
  Members shall be removed from the Planning and Zoning Commission as provided by Section 32.04, City of Edinburg Code of Ordinances or State law.
D.
Qualifications. All members of the Planning and Zoning Commission:
1. 1.
  Shall be qualified by knowledge or experience to act in matters pertaining to the development and administration of the Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; and
3. 3.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Planning and Zoning Commission members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four Planning and Zoning Commission members shall constitute a quorum of the Planning and Zoning Commission necessary to take action and transact business.
2. 2.
  All official actions shall require a simple majority of the quorum present.
3. 3.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
4. 4.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
5. 5.
  The Planning and Zoning Commission may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
6. 6.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
7. 7.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Planning and Zoning Commission if due process standards are met.
8. 8.
  A member of the Planning and Zoning Commission shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Planning and Zoning Commission shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Planning and Zoning Commission shall hold meetings at the call of the Chairperson, and at other times determined by the Planning and Zoning Commission, but there shall be no less than one regular meeting each month.
3. 3.
  The Planning and Zoning Commission shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Planning and Zoning Commission.
I.
Witnesses and Administration of Oaths. The Chairperson of the Planning and Zoning Commission may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the employee shall act as secretary of the Planning and Zoning Commission, but shall not be a member.
2. 2.
  The Planning and Zoning Commission shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. The records and minutes shall be filed with the City Secretary.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary.
4. 4.
  All records, minutes, and recordings of Planning and Zoning Commission proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Commission's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.208, Board of Adjustment

The Board of Adjustment shall have the following powers:

A.
Powers and Duties. The Board of Adjustment shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table
B.
Membership. The Board of Adjustment shall consist of five members and four alternates.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Board of Adjustment members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Board of Adjustment members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances. .
3. 3.
  Members shall be removed from the Board of Adjustment by the City Council for cause, upon written charges and after a public hearing.
D.
Qualifications. All members of the Board of Adjustment:
1. 1.
  Shall be qualified by knowledge or experience with the content and application of the Unified Development Code and Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; a
3. 3.
  Shall not hold any elective office in the municipal or county government; and
4. 4.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Board of Adjustment members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four members of the Board of Adjustment who are eligible to take action on the item before the Board shall constitute a quorum.
2. 2.
  When any regular members of the Board are absent or recusing themselves, an alternate shall take their place for the hearing and decision.
3. 3.
  All official actions shall require a simple majority of the quorum present, except that the concurring vote of four members of the board is necessary to:
  1. a.
    Reverse an order, requirement, decision, or determination of the Administrator or an administrative agency;
  2. b.
    Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance or airport zoning regulation; or
  3. c.
    Authorize a variation from the terms of the Unified Development Code or an airport zoning regulation. Cross-references: ss. 211.009(c) and 241.032, Texas Local Government Code.
4. 4.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
5. 5.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
6. 6.
  The Board of Adjustment may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
7. 7.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
8. 8.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Board of Adjustment if due process standards are met.
9. 9.
  A member of the Board of Adjustment shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Board of Adjustment shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Board of Adjustment shall hold meetings at the call of the Chairperson, and at other times determined by the Board, but there shall be no less than one regular meeting each month.
3. 3.
  The Board of Adjustment shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Board.
I.
Witnesses and Administration of Oaths. The Chairperson of the Board of Adjustment may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the Administrator shall act as secretary of the Board of Adjustment, but shall not be a member.
2. 2.
  The Board of Adjustment shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. Records and minutes shall be filed with the City Secretary and in the office of the Board of Adjustment.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary and in the office of the Board of Adjustment.
4. 4.
  All records, minutes, and recordings of Board of Adjustment proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.209, Other Advisory Boards

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 8

Administration

Sec. 8.101, Purpose

Effective on: 8/9/2022

Sec. 8.102, Applicability

Effective on: 8/9/2022

Sec. 8.201, Administrator

Designation of Administrator. The Administrator is the Director of the Planning and Zoning Department or any other City staff member designated by the City Manager.

Duties of Administrator. It is the duty of the Administrator to administer and enforce the provisions of this Code.

Effective on: 8/9/2022

Sec. 8.202, Building Official

Generally. The Building Official shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.

Powers and Duties.

1.
Development Review. The Building Official shall have the authority to make recommendations and/or final decisions on the development applications denoted in Sec. 9.103, Development Review Summary Table.
2.
Other Powers and Duties. The Building Official shall:
1. a.
  Conduct and take action on all building permits and inspections to ensure that construction meets all applicable City Building Codes and other requirements as applicable, (including, but not limited to, inspecting setbacks, foundation elevations, and fence and wall requirements set out in this Code);
2. b.
  Maintain all records as they relate to the building permit process and inspections, including materials and outcomes; and
3. c.
  Arbitrate discrepancies regarding building plans, permits, and inspections.

Effective on: 8/9/2022

Sec. 8.203, City Engineer

Effective on: 8/9/2022

Sec. 8.204, Floodplain Administrator

Generally. The Floodplain Administrator administers and implements provisions related to floodplain management for the City.

Designation. The City Engineer may designate or serve as the Floodplain Administrator.

Duties of Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1.
Maintain and hold open for public inspection all records pertaining to the provisions of these regulations.
2.
Review permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.
3.
Review, approve, or deny all applications for development permits required by adoption of these regulations.
4.
Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. 1334) from which prior approval is required.
5.
Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation.
6.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
7.
Notify the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
8.
When base flood elevation data has not been provided in accordance with Division 6.100, Flood Damage Prevention, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source in order to administer the provisions of Article 6, Environmental Management.
9.
When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10.
Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM, which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
11.
After a disaster or other type of damage occurrence to structures in the City, determine if any residential structures, non-residential structures, and manufactured homes have been substantially damaged and enforce the substantial improvement requirement.

Development Review. The Floodplain Administrator shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.205, City Council

A.
Generally. The City Council of the City of Edinburg is established by Article 2 of the City's Home Rule Charter.
B.
Compensation. The composition of the City Council, the terms of its elected officials, and the filling of vacancies shall be as provided in the City of Edinburg Home Rule Charter.
C.
Rules; Meetings; Administration of Oaths; Witnesses; Records. The procedural rules, conduct of meetings, meeting schedules, and the powers and duties of the City Council with respect to the administration of oaths, summoning of witnesses, and keeping of records are as set out or provided for in the City of Edinburg Home Rule Charter and State law.
D.
Development Review. The City Council shall have the authority to make final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.

Effective on: 8/9/2022

Sec. 8.206, Development Review Committee

Development Review. The DRC shall have the authority to make recommendations on the development review applications denoted in Sec. 9.103, Development Review Summary Table.

Membership. The DRC may be composed of the following City staff members.

1.
Chairperson. The Administrator shall serve as the Chairperson of the DRC and shall be responsible for all procedures, guidance, coordination, scheduling, and recommendations of the DRC.
2.
Other City Staff Members. In addition to the Chairperson, other City staff members of the DRC may include the:
1. a.
  City Engineer;
2. b.
  Administrator;
3. c.
  Director of Parks & Recreation;
4. d.
  Fire Marshal; and
5. e.
  Building Official.
3.
Non-City Staff Members. Other staff from various local, county, state, or federal agencies may participate in the development review process as needed from time to time.

Effective on: 8/9/2022

Sec. 8.207, Planning and Zoning Commission

In addition to the specific powers and duties conferred by Section 211.007, Texas Local Government Code, the Planning and Zoning Commission shall have the following powers and duties.

A.
Powers and Duties.
1. 1.
  Development Review. The Planning and Zoning Commission shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table.
2. 2.
  Studies and Policy Recommendations to the City Council. The Planning and Zoning Commission is the City's citizen-based planning body. It is empowered to conduct appropriate studies, draft proposed regulations and amendments, and make policy recommendations to the City Council regarding the Comprehensive Plan. In this respect, the Planning and Zoning Commission shall:
  1. a.
    Periodically make studies of the City's resources, development trends, environmental and aesthetic condition, and other issues and needs related to the use and development of land, and report its findings to the City Council.
  2. b.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Comprehensive Plan as appropriate.
  3. c.
    Initiate, prepare, or cause to be prepared amendments (both text and map) to the Unified Development Code as appropriate.
B.
Membership. The Planning and Zoning Commission shall consist of seven members.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Planning and Zoning Commission members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Planning and Zoning Commission members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances.
3. 3.
  Members shall be removed from the Planning and Zoning Commission as provided by Section 32.04, City of Edinburg Code of Ordinances or State law.
D.
Qualifications. All members of the Planning and Zoning Commission:
1. 1.
  Shall be qualified by knowledge or experience to act in matters pertaining to the development and administration of the Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; and
3. 3.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Planning and Zoning Commission members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four Planning and Zoning Commission members shall constitute a quorum of the Planning and Zoning Commission necessary to take action and transact business.
2. 2.
  All official actions shall require a simple majority of the quorum present.
3. 3.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
4. 4.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
5. 5.
  The Planning and Zoning Commission may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
6. 6.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
7. 7.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Planning and Zoning Commission if due process standards are met.
8. 8.
  A member of the Planning and Zoning Commission shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Planning and Zoning Commission shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Planning and Zoning Commission shall hold meetings at the call of the Chairperson, and at other times determined by the Planning and Zoning Commission, but there shall be no less than one regular meeting each month.
3. 3.
  The Planning and Zoning Commission shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Planning and Zoning Commission.
I.
Witnesses and Administration of Oaths. The Chairperson of the Planning and Zoning Commission may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the employee shall act as secretary of the Planning and Zoning Commission, but shall not be a member.
2. 2.
  The Planning and Zoning Commission shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. The records and minutes shall be filed with the City Secretary.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary.
4. 4.
  All records, minutes, and recordings of Planning and Zoning Commission proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Commission's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.208, Board of Adjustment

The Board of Adjustment shall have the following powers:

A.
Powers and Duties. The Board of Adjustment shall have the authority to make recommendations and/or final decisions on the development applications denoted in Table 9.103-1, Development Review Summary Table
B.
Membership. The Board of Adjustment shall consist of five members and four alternates.
C.
Appointment, Term, and Removal.
1. 1.
  Appointments shall be made according to Section 32.02, City of Edinburg Code of Ordinances. The City Council shall, to the extent practicable, seek to ensure that Board of Adjustment members are broadly representative, in that they reside in different areas of the City.
2. 2.
  Board of Adjustment members shall serve for terms according to Sections 32.02 and 32.04, City of Edinburg Code of Ordinances. .
3. 3.
  Members shall be removed from the Board of Adjustment by the City Council for cause, upon written charges and after a public hearing.
D.
Qualifications. All members of the Board of Adjustment:
1. 1.
  Shall be qualified by knowledge or experience with the content and application of the Unified Development Code and Comprehensive Plan;
2. 2.
  Shall be qualified by knowledge or experience of the development process, either as a professional or a nonprofessional; a
3. 3.
  Shall not hold any elective office in the municipal or county government; and
4. 4.
  Shall have such other qualifications as are required by Section 32.01, City of Edinburg Code of Ordinances.
E.
Vacancy. See Section 32.02, City of Edinburg Code of Ordinances.
F.
Compensation. All Board of Adjustment members shall serve without compensation.
G.
Rules of Procedure.
1. 1.
  Four members of the Board of Adjustment who are eligible to take action on the item before the Board shall constitute a quorum.
2. 2.
  When any regular members of the Board are absent or recusing themselves, an alternate shall take their place for the hearing and decision.
3. 3.
  All official actions shall require a simple majority of the quorum present, except that the concurring vote of four members of the board is necessary to:
  1. a.
    Reverse an order, requirement, decision, or determination of the Administrator or an administrative agency;
  2. b.
    Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance or airport zoning regulation; or
  3. c.
    Authorize a variation from the terms of the Unified Development Code or an airport zoning regulation. Cross-references: ss. 211.009(c) and 241.032, Texas Local Government Code.
4. 4.
  All recommendations or decisions shall be by roll-call votes of all members present. A tie vote or failure to take action shall constitute a denial of decision or adverse recommendation.
5. 5.
  All recommendations and decisions shall be accompanied by a written summary of the decision and recommendations and the results of the roll-call vote.
6. 6.
  The Board of Adjustment may establish such other rules of procedure as it deems necessary for the fair and efficient conduct of its meetings.
7. 7.
  In the absence of alternative written rules of procedure, the most current edition of Roberts Rules of Order shall control.
8. 8.
  Minor technical violations of procedural rules that do not involve quorum and voting shall not invalidate actions of the Board of Adjustment if due process standards are met.
9. 9.
  A member of the Board of Adjustment shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest.
H.
Meetings.
1. 1.
  All meetings and public hearings of the Board of Adjustment shall be open to the public as required by the Texas Open Meetings Law, Chapter 551, Local Government Code.
2. 2.
  The Board of Adjustment shall hold meetings at the call of the Chairperson, and at other times determined by the Board, but there shall be no less than one regular meeting each month.
3. 3.
  The Board of Adjustment shall hold an annual business meeting and shall elect a chairperson and vice chairperson from among its members for a term of one year, with eligibility for re-election, and may fill such other of its offices as it may create in a manner prescribed by the rules of such Board.
I.
Witnesses and Administration of Oaths. The Chairperson of the Board of Adjustment may compel the attendance of witnesses and administer oaths.
J.
Records.
1. 1.
  The Administrator or an employee designated by the Administrator shall act as secretary of the Board of Adjustment, but shall not be a member.
2. 2.
  The Board of Adjustment shall keep records and minutes of its proceedings, which must indicate the vote of each member on each question, or the fact that a member is absent or fails to vote. Records and minutes shall be filed with the City Secretary and in the office of the Board of Adjustment.
3. 3.
  If video or audio recordings are made of the proceedings, such recordings shall also be filed with the City Secretary and in the office of the Board of Adjustment.
4. 4.
  All records, minutes, and recordings of Board of Adjustment proceedings are public records.
5. 5.
  If a recording or a verbatim transcript is not prepared in a normal course of the Board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

Effective on: 8/9/2022

Sec. 8.209, Other Advisory Boards

Effective on: 8/9/2022