There is hereby created and established for the city, a planning and zoning commission, which shall be composed of seven members. The members shall be resident citizens, taxpayers and qualified voters of the city, all of whom shall be appointed by the mayor subject to confirmation by the city council, to serve for terms of two years. All vacancies shall be filled for the unexpired terms in the same manner as provided for the original appointments. All expired terms shall be filled for terms as provided for the original appointments and in the same manner. Members of the commission may be removed by the mayor, with the consent of the city council after public hearing and for cause assigned in writing. The members of the commission shall serve without compensation.

(Code 1990, ch. 11, § 1(A))

The planning and zoning commission shall elect a chairperson and vice-chairperson from its membership and shall have the power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission and to pay for their services and such other necessary expenses, provided that the cost of such services and expenses shall not exceed the amount appropriated by the city council for the use of the commission. It shall also have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council and same shall be subject to approval by such council. Such bylaws shall include, among other items, provisions for:

(1)

Regular and special meetings, open to the public;

(2)

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

(3)

Reporting to the city council and the public, from time to time and annually; and

(4)

For the holding of public hearings on its recommendations.

(Code 1990, ch. 11, § 1(B))

The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption of a master plan, as a whole or in parts, for the future development and redevelopment of the municipality and its environs and shall have the power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with V.T.C.A., Local Government Code §§ 211.001—211.021. The commission shall perform such other duties as may be prescribed by ordinance or state law.

(Code 1990, ch. 11, § 1(C))

(a)

There is hereby created a board of adjustment consisting of five regular members, one senior alternate member, and one junior alternate member. Each to be appointed by a majority of the city council for a term of two years and removable for cause by the city council. Vacancies shall be filled by the appointment by the city council of a suitable person to serve out the unexpired term of any member whose place on the board has become vacant for any cause. The board of adjustment shall name one member as chairperson and one member vice-chairperson.

(b)

The board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this chapter in harmony with its general purpose and intent and in accordance with general or special rules therein continued for the purpose of rendering full justice and equity to the general public. The board may adopt rules to govern its proceedings; provided, however, that such rules are not inconsistent with this chapter. Meetings of the board shall be held at the call of the chairperson, who may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(c)

In situations where there is a lack of quorum for a board meeting, the senior alternate member and then the junior alternate member is automatically elevated to regular member(s), in that order, only to satisfy quorum requirements.

(d)

Regular members can vote on any item. However, the alternate members shall only have the authority to cast a vote on an item when they are automatically elevated in accordance with subsection (c).

(Code 1990, ch. 11, § 2(I)(1); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011; Ord. No. 2019-10-15-18, § I, 10-15-2019)

Appeals to the board of adjustment can be taken by any person aggrieved or by any officer, department, board or department of the municipality affected by any decision of the administrative office. Such appeals shall be taken within 15 days' time after the decision has been rendered by the administrative office, by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appeals were taken. An action appealed from shall stay all proceedings upon the action appealed, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that by reason of facts, stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1990, ch. 11, § 2(I)(2); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

The board of adjustment shall have the following powers:

(1)

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

(2)

To hear and decide special exceptions to the terms of this chapter upon which the board is required to pass under this chapter.

(3)

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

(4)

The following types of findings are insufficient findings and do not constitute sufficient grounds for granting of a variance:

a.

The property cannot be used for its highest and best use.

b.

There is a financial or economic hardship.

c.

There is a self-created hardship by the property owner or agent.

d.

The development objectives of the property owner are or shall be diminished by not allowing the proposed development.

(Code 1990, ch. 11, § 2(I)(3); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011; Ord. No. 2023-03-07-06, 3-7-2023)

In exercising its powers, the board may, in conformity with the provision of V.T.C.A., Local Government Code §§ 211.008—211.011, revise or reform, wholly or partly, or may modify the order, requirements, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

(Code 1990, ch. 11, § 2(I)(4); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

The concurring vote of four members of the board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to affect any variance in this chapter.

(Code 1990, ch. 11, § 2(I)(5); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board and not thereafter.

(Code 1990, ch. 11, § 2(I)(6); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

Any appeal to the board of adjustment from an adverse ruling by the administrative official shall be accompanied by the amount of which is on file in the city secretary's office, plus the cost of postage in cash to be paid by the person making the appeal to cover the cost of such appeal.

(Code 1990, ch. 11, § 2(I)(7); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

(a)

The city council may, from time to time, on its own motion or on a proper application or petition amend, supplement, change, modify or repeal the regulations, restrictions and boundaries herein established.

(b)

Any person, firm or corporation petitioning the city council for a change in the regulations or the zoning district map, shall do so upon forms provided for such purposes by the office of the city secretary. All petitions or applications for changes in the regulations or zoning district map shall be filed with the office of the planning director.

(c)

Each such application shall be accompanied by:

(1)

Plats (one reproducible and three copies) and the plans necessary to show the detail of the proposed change requested as well as the relation of said property to that of all property lying within 200 feet thereof; and

(2)

The street address and suitable legal description of the property proposed to be changed.

(d)

Each application shall be accompanied, at the time of filing, by a fee, the amount of which is on file in the city secretary's office, plus postage.

(Code 1990, ch. 11, § 2(H); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

(a)

City council may change zoning district boundaries. The city council may from time to time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established.

(b)

Planning and zoning commission to make recommendations prior to council action. Before taking action on any proposed amendment, supplement or change, the city council shall submit same to the planning and zoning commission for its recommendation and report.

(c)

Public hearings to be conducted. Public hearings shall be held only after notices required by the laws of the state shall have been given in the manner required by law.

(d)

Zoning filing fee. Any request for a proposed amendment, supplement, or change to article III of this chapter submitted to the city council shall be accompanied by a fee, the amount of which is on file in the city secretary's office, in cash to be paid by the applicant as cost in connection therewith.

(Code 1990, ch. 11, § 2(L); Ord. No. 2011-07-05-37, § I, 7-5-2011)

(a)

A specific use permit for any of the following uses in any use district may be granted and may contain such requirements, conditions and safeguards as are needed to protect adjacent property, and in any case a site plan may be required by the planning and zoning commission or the city council which may be made a part of the regulations granting such specific use permit:

(1)

College, university or private boarding school.

(2)

Library, museum or art gallery.

(3)

Golf course, driving range or putting course.

(4)

Radio, microwave relay tower or television tower.

(5)

Private aboveground water storage tank.

(6)

Gas or petroleum drilling or storage.

(7)

Rock quarries: sand, gravel or earth excavation for off-site use.

(8)

Airports or landing fields for public or private use. A specific use permit will not become effective until the site is approved by the Civil Aeronautics Administration. When located in the R-1, R-2, R-3 or A residential districts, the site shall contain not less than 20 acres.

(9)

Hospitals intended for the care of insane, liquor or narcotics patients. When located in the R-1, R-2, R-3 or A residential districts, the site shall contain not less than 20 acres.

(10)

HUD Code Manufactured Home Park in the R-3 zoning district.

(11)

Dry board storage.

(12)

Dog kennels and veterinary hospitals.

(13)

Greenhouses and nurseries.

(14)

Private club, community or civic club.

(15)

Day nursery or child care center.

(16)

Kindergarten.

(17)

Home beauty shop.

(18)

Institutions of a religious, education, recreation or philanthropic nature which are not listed in this division.

(19)

Sororities, fraternities and lodges.

(20)

Medical facility.

(21)

Off-street parking lot.

(22)

Bait sales.

(23)

Electric transmission station.

(24)

Roller skating rink.

(25)

Temporary structures for religious or public gatherings.

(26)

Carnivals or amusement parks.

(27)

Zoo.

(28)

Temporary produce stand.

(29)

Motor raceways.

(30)

Feed lot.

(31)

Athletic fields or stadiums.

(32)

Christmas tree sales.

(33)

Fireworks sales.

(34)

Sewage collection and/or treatment utility installation, public or private, not listed in this division.

(35)

Animal pound.

(36)

Home tropical fish sales.

(37)

Store selling beer.

(38)

Bed and breakfast.

(39)

Boardinghouse.

(40)

Public stable.

(41)

Private stable.

(42)

Roominghouse.

(43)

Tourist house.

(44)

Industrialized housing.

(45)

Industrialized building.

(46)

Wireless communication facility, self-enclosed monopole within a residential zoning district.

(Code 1990, ch. 11, § 2(C)(11)(a); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011; Ord. No. 2017-07-11-09, § II, 7-11-2017; Ord. No. 2020-02-04-06, § II, 2-4-20; Ord. No. 2020-02-04-10, § IV, 2-4-2020)

A specific use permit may be granted for the following uses in the I-Industrial District only:

(1)

Cement, lime or gypsum manufacture.

(2)

Natural gas, production and distribution.

(3)

Petroleum production and refining.

(4)

Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

(5)

Disposal plants of all types including trash and garbage, sewage treatment, including lagoons and compost plants.

(6)

Salvage yards for automobiles, building materials, scrap metal, junk, or for any other kind of salvage; provided, however, that all salvage operations shall be so screened by ornamental walls, fences, or evergreen planting that it cannot be seen by a person standing at ground level at any place immediately adjacent to the lot on which the salvage operation is located.

(Code 1990, ch. 11, § 2(C)(11)(b); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

Whenever the city council or the city planning and zoning commission shall require a site plan for a specific use permit, such site plan shall show existing improvements on the land and proposed development of the property and shall give the following information:

(1)

Date, scale, north point, title, name of owner and the name of person preparing plan;

(2)

Location of existing boundary lines and dimensions of the tract;

(3)

Centerline of existing watercourses, drainage features, and location and size of existing and proposed streets and alleys;

(4)

Location and size to the nearest one-half foot of all proposed buildings and land improvements;

(5)

Clear designation of areas reserved for off-street parking and for off-street loading; the location and size of points of ingress and egress; and

(6)

The ratio of parking space to floor space.

(Code 1990, ch. 11, § 2(C)(11)(c); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)

It shall be unlawful for any person, firm, or corporation to commence the construction, enlargement or structural alteration of any building in the city, or use or occupy the same without first applying for and securing a building permit, or to use or occupy the same without first securing a certificate of occupancy and compliance from the building official or such other official designated by the city council. Application shall be made on forms furnished by the building official.

(Code 1990, ch. 11, § 2(F); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011)