Euless City Zoning Code
ARTICLE II
ADMINISTRATION
§ 84-20 Enforcement.
The provisions of the unified development control document shall be administered, interpreted and enforced by the city manager or his designee.
(Ordinance 1133, § 1(2-100), 3-22-94)
§ 84-21 Compliance required.
All land, buildings, structures or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered or converted shall be used, placed and erected in conformance with the regulations prescribed herein. Land used in meeting the requirements of this document with respect to a particular use or building shall not be used to meet the requirements for any other use or building. No approval, authorization to proceed, or issuance of any certificate or permit shall be construed as an approval of a violation of the provisions of this document or of other ordinances of the City of Euless. Certificates presuming to give authority to violate or cancel the provisions of this document or of other ordinances of the jurisdiction shall not be valid.
(Ordinance 1133, § 1(2-101), 3-22-94)
§ 84-22 Certificate of occupancy required.
Certificate required prior to occupancy.
No building, or portion thereof, or parcel of land shall be used or changed in use until a certificate of occupancy shall have been issued by the city. Failure to comply with the provisions of this document shall result in the issuance of a citation and/or constitute a basis to deny or disconnect city utilities or to require private utility companies to do likewise.
Connection to utilities.
A certificate of occupancy shall be applied for and issued before occupancy and connection of utilities to such building, provided such construction or change has been made in complete conformity to the provisions of this document and other laws.
Temporary connection of utilities may be authorized by the administrator for the purpose of clean up, construction or other such purposes. Temporary connection of any utility shall be for a specified duration not to exceed 60 days and shall not be used for temporary occupancy.
Records.
A record of all certificates of occupancy shall be maintained on file in the city and copies shall be furnished for a fee on written request to any person.
Contents of a certificate of occupancy.
An application for a certificate of occupancy shall at a minimum contain the following information: Business name, business address, business phone number, type of use, business owner, business owner’s address, business owner’s phone number and emergency phone number, applicant’s driver’s license number, applicant’s date of birth, and applicant’s signature.
Fee.
A fee sufficient to recover administrative cost and cost for inspecting for compliance will be assessed in accordance with city fee ordinance.
Other requirements.
Requirements applicable to specific land uses and on-site situations are listed as follows:
Applicable land use districts.
A current certificate of occupancy is required on all land, buildings, or portions thereof that are not designated as being located within a one- or two-family dwelling use.
Display of certificate of occupancy.
A certificate of occupancy is required to be clearly displayed on the site and in a conspicuous place.
Certificate of occupancy kept current.
A certificate of occupancy is required to be kept current reflecting any change of address, name changes, changes in ownership, or other pertinent information listed on the certificate.
(Ordinance 1133, § 1(2-102), 3-22-94)
§ 84-23 Project under construction at time of chapter adoption.
Nothing herein contained shall require any change in the plans, construction or designated use of a building actually under construction within the city on the effective date of this document and which entire building shall be completed within one year from the effective date of the document or which building shall be maintained under continuous construction even though not completed within one year. Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been heretofore issued while such permit is valid and provided the building shall have been started within 180 days of the date of issuance of the permit and which entire building shall be maintained under continuous construction even though not completed within one year.
(Ordinance 1133, § 1(2-103), 3-22-94)
§ 84-24 Compliance with chapter required for building permits and/or utility service.
No building or construction of a building or structure upon any tract, parcel or premise shall commence, and public utilities shall not be extended or connected to a building or structure unless the lot, tract, parcel or premise is in accordance with all the provisions and requirements of this unified development control document (chapter) and all applicable building permits and authorizations to proceed are first obtained.
(Ordinance 1133, § 1(2-104), 3-22-94)
§ 84-25 Violations and penalties.
Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this document or fails to comply with any of the requirements thereof, or who shall build or alter any building or use in violation of any plan or permit submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of up to $2,000.00 for each violation. Each day a violation exists shall constitute a separate violation or offense. In order to enforce the provisions of the unified development control document, the city attorney is also authorized to institute any civil action in the appropriate court upon the prior approval of the city manager.
(Ordinance 1133, § 1(2-105), 3-22-94)
§ 84-26 Platting regulations; general.
Authority.
In addition to its other responsibilities, the Planning and Zoning Commission of the City of Euless (hereinafter “commission”) is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land plans, conveyance plats, preliminary plats, final plats, amended plats, replats, and vacations of plats.
The administrator is vested with the authority to approve minor plats (see section 84-405(a)(1)). The administrator may, for any reason, elect to present a minor plat to the planning and zoning commission for approval. The administrator may not disapprove a minor plat and shall refer any minor plat refused for approval to the planning and zoning commission within 30 days of the official date of application.
Variances, exceptions, and appeals to platting.
The city council shall have the ultimate power to grant or reject variances or special exceptions to platting regulations which consist of articles IX, X, XI and XII of this chapter.
Findings of extraordinary hardships or practical difficulties.
Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with the platting regulations or that the public interest may be better serviced by an alternative proposal, the council may approve a variance or special exception to the platting regulations of this chapter.
Grounds for variances or special exceptions.
The city council shall not authorize variances or special exceptions unless it shall make findings based on the evidence presented to it in each specific case that:
The granting of the variance or special exception will not be detrimental to the public safety, health, or welfare or injurious to other property;
The conditions upon which the request for a variance or special exception is based are unique to the property for which the request is sought and are not applicable generally to other property;
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regulations are enforced;
The variance will not in any significant way vary the provisions of this chapter, zoning map, or comprehensive master plan.
Petition requirement.
A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for consideration. The petitioner shall state fully the grounds for the variance and all the facts to be relied upon in reaching a decision.
Burden of proof.
The applicant shall have the burden of proving to the city council that the conditions supporting the allowance of a variance or special exception, as may apply and are set out in this section have been met.
(Ordinance 1133, § 1(2-200), 3-22-94)
§ 84-27 Variance, exceptions and appeals for zoning.
A procedure is established in this section that allows the applicants and property owners within the corporate limits of Euless an opportunity to appeal and vary the zoning regulations provided herein. However, all variances, exceptions and appeals to zoning issues must be obtained in accordance with the procedures defined in this section.
Authority.
This subsection defines the bodies that have authority over variations, changes, and adjustments to the zoning process of the city. The state has defined and legislated definite regulations and procedures regarding any variances to the adopted zoning ordinances of the city. Variances to zoning, which include article III, article IV, article V, article VI, article VII and article VIII of this unified development control document, are decided in a different manner than variances to the platting process. In fact the word “variance” implies different implications in the zoning process than it does in the platting process. The zoning board of adjustments, as described in this article, has been authorized by state statutes to hear and act on variances to the zoning ordinances of the city.
Burden of proof.
The applicant shall have the burden of proving to the board of adjustment that the conditions supporting the allowance of a variance or special exceptions, as may apply and are set out in this section, have been met.
Conditions.
The board or city council, as may apply, is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare.
Creation of zoning board of adjustment.
There is hereby created a board of adjustment to hear and decide requests for variances, exceptions and appeals to article III, article IV, article V, article VI, article VII and article VIII of this unified development control document.
Board members.
The board shall consist of five regular members and two alternate members who are residents of the city, each to be appointed by order of the council for a term of two years and removable for cause by the council upon written charges and after public hearing.
Vacancies.
The city council shall appoint all members of the zoning board of adjustment and shall fill vacancies for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made.
Quorum.
All cases to be heard by the board shall always be heard by a minimum of four members. Alternate members may participate in the discussion of any case before the board, however, shall not vote except in the absence of one or more regular members. Should one regular member be absent, then alternate one shall have right to vote. Should one regular member and alternate one or two or more regular members be absent, then alternate two shall have the right to vote.
Required vote.
The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any zoning matter upon which it is required to pass under this code or to effect any zoning variance in such code.
Procedures of the board.
The board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this chapter or state law.
Called meetings.
Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his or her absence, the acting chair, may administer oath and compel the attendance of witnesses.
Public record.
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 indicating such fact, and shall keep record of its examinations and other official actions, all of which shall be immediately filed in the office of the administrator and shall be of public record.
Appeal procedures.
Appeals to the board may be taken by any person aggrieved or by any officer, department, or board of the city affected by any decision of the administrator.
Filing appeal.
Such appeal shall be taken within 15 days after the decision has been rendered by the administrator, by filing with the administrator from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The administrator from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the records upon which the action appealed from was taken.
Effect of appeal.
The appeal stays all proceedings unless the administrative officer whose decision has been appealed certifies after notice of appeal that a stay would, in his opinion, cause imminent peril to life or property. If this statement is filed, then the administrative proceedings can be stayed only by a restraining order granted by the board or by a court. Such a stay will require an application, notice to the administrative officer, and showing of due cause.
Rehearing of appeals.
Any person aggrieved, any officer, department, or board of the city, who has made proper application and has received action by the board regarding that application, may have that application reheard again before the board. However, such rehearing shall be in accordance with the following conditions:
Time limitation.
No appeal to the board for the same or related variance or exception on the same piece of property shall be allowed prior to the expiration of six months from the previous ruling of the board unless conditions relative to other property in the immediate vicinity, within the said six months period, have been changed or acted on by the board or council so as to alter the facts and conditions on which the previous board action was based.
Change of circumstance.
Such change of circumstances shall permit the rehearing of an appeal by the board, prior to the expiration of the six months period. However, such conditions shall in no way have any force in law to compel the board, after a hearing to grant a subsequent appeal. Such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.
Hearing procedures.
The board shall conduct a public hearing so that any interested party may appear in person or by agent or by attorney to voice opposition or support of any application.
Building permit or certificate of occupancy.
Any special exception or variance granted or authorized by the board under the provisions of this chapter shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless said board shall have in its action approved a longer period of time and has so shown such specific longer period of time in the minutes of its action.
Expiration of building permit or certificate of occupancy.
If the building permit and/or certificate of occupancy shall not have been applied for within said 90-day period or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
Specific powers of the board of adjustment.
The board of adjustment shall have the following specific powers:
Hear and decide appeals.
The board shall hear and decide appeals when it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. The board must find the following in order to grant an appeal:
That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map;
That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated;
The decision of the board must be such as will be in the best interest of the community and consistent with the spirit and intent of the city’s zoning laws.
Hear and decide special exceptions.
The board shall hear and decide special exceptions to the terms of this chapter. The term “special exception” shall mean a deviation from the requirements of the zoning regulations herein established in this chapter. Special exceptions shall be granted only in the following instances, and then only when the board finds that such special exceptions will not adversely affect the value and use of adjacent or neighboring property or be contrary to the public interest:
To approve the use of a lot or lots in a single-family residential district contiguous to (even if separated by a street or alley) a multifamily, business, office or manufacturing district for off-street parking of vehicles, subject to such standards and safeguards as are appropriate, for the protection of adjacent residential uses;
Require the vacation and demolition of a nonconforming structure which is deemed to be obsolete, dilapidated or substandard;
Permit the reconstruction of a nonconforming structure or building on the lot or tract occupied by such building, provided such reconstruction does not, in the judgment of the board, prevent the return of such property to a conforming use or increase the nonconformity of a nonconforming structure and provided that such actions conform to the provisions of the chapter;
Initiate on its motion or cause presented by interested property owners action to bring about discontinuance of a nonconforming use in accordance with the appropriate provisions of the chapter;
Require the discontinuance of a nonconforming use under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of the chapter;
Permit the enlargement of or change in occupancy of a nonconforming use to another nonconforming use in accordance with the appropriate provisions of the chapter.
Authorize variances.
The board may authorize, upon appeal in the specific cases, variances from the terms of this chapter. Such variances shall not be contrary to the public interest and shall be such that substantial justice shall be done. Except as otherwise prohibited in this document hereof, the board is empowered to authorize a variance from a requirement of this document when the board finds that all of the following conditions have been met:
That the granting of the variance will not be contrary to the public interest;
That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. “Unnecessary hardship” shall mean physical hardship relating to the property itself as distinguished from hardship relating to convenience, financial considerations or caprice, and applicant or property owner’s own actions;
That by granting the variance, the spirit of this chapter will be observed and substantial justice will be done.
Revocation or modification.
A variance or special exception may be revoked or modified for any of the following reasons:
That the variance or special exception was obtained or extended by fraud or deception;
That one or more of the conditions imposed by the board in granting such variance or special exception has not been complied with or has been violated;
That the variance or special exception, although granted in accordance with all requirements hereof, has caused a nuisance or is otherwise detrimental to public health, safety and welfare.
Revocation or modification of previously granted variance or special exception.
An action to revoke or modify a previously granted variance or special exception may be initiated by order of the city council, the city manager, any member of the board, or the person who obtained the variance or special exception.
Hearing of request.
The board shall hear a request for the revocation or modification of a variance or special exception in accordance with the same notification and hearing procedures established for original variances and special exceptions.
Notice of board hearings.
The board shall hold a public hearing on all appeals made to it. Written notice of such public hearing shall be sent to the applicant and all owners of real property, as the ownership appears on the approved city tax roll, lying within the city limits of the City of Euless and within 200 feet of the property, regardless of public rights-of-way and/or easements, on which the appeal is made (see Appendix A). Such notice shall be given not less than ten days prior to the date set for hearing. Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. Notice shall also be given by publishing same in the official publication of the city at least ten days prior to the date set for hearing. Such notice shall state the time and place of such hearing.
(Ordinance 1133, § 1(2-300), 3-22-94)
§ 84-28 Amending the unified development control document.
The unified development control document may be amended by action taken by the city council. The procedures for amending both the platting and zoning regulations are provided in this section.
Amending the platting and related public improvements regulations.
Amendments to the platting and related public improvement regulations shall be subject to the standard rules, regulations and procedural requirements for amending the city Code.
Amending the zoning regulations.
Amendments to the zoning text and map are defined very clearly by state law and differ from the normal process of amendments to the city Code. The process and requirements of zoning amendments are provided as follows:
Procedures for amendments.
Any person, corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the council for a change or amendment to the relevant provisions of the unified development control document or the commission may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of the zoning regulations of this document shall be on a form prepared and provided by the city and shall bear the signature of the owners of all property within the area of request.
Commission hearings for zoning changes that affect specific property.
These changes usually constitute changes to property boundaries as designated on the zoning map. The commission shall hold a public hearing, prior to making its recommendation to the council, on any application for an amendment, supplement or change to the zoning map or text of this chapter, which affects specific property. Written notice of all public hearings for a district boundary change shall be sent to all owners of real property lying within the city limits of Euless and within a radius of 200 feet of the property (including any public rights-of-way) on which the change is requested.
Such notice shall be given not less than ten days prior to the date set for the hearing by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved city tax roll.
Commission hearings for zoning changes that do not affect specific property.
These changes are usually associated with textual changes. When any proposed amendment, supplement, or change of zoning map or text of this chapter does not affect specific property, notice of public hearing of the planning and zoning commission shall be given by publication in a newspaper of general circulation in the city without the necessity of notifying property owners by mail. Such notice shall state the time and place of such hearing and the nature of the subject to be considered. Such notice shall be published not less than ten days prior to the public hearing.
Filing and fees.
Each and every application for an amendment as provided in this section shall be filed with the administrator prior to being presented to council, and shall be accompanied by a filing fee in an amount as shall from time to time be set by the council, and payable to the city.
City initiated changes.
The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the text of the regulations herein. Before taking action on any such amendment, supplement or change, the council shall submit same to the commission for its recommendation.
Council hearings.
A public hearing shall be held by the council prior to adopting any proposed amendment, supplement or change to these regulations. At least 15 days notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city.
Amendment under protest.
If a proposed amendment, supplement or change to a zoning district boundary has been recommended to be denied by the commission, or if a written protest against such proposed changes has been filed with the city, duly signed and acknowledged by the owners of 20 percent or more of either the area included within such proposed change or the area within the city limits of Euless and within a radius of 200 feet of the proposed change, including public rights-of-way, such change shall not become effective except by a three-fourths vote of the city council.
Standards for amendments.
In reviewing applications for district amendments, the commission and council shall consider the following factors:
Whether the proposed change would be contrary to the comprehensive general future land use plan;
The suitability or unsuitability of the property as presently zoned and/or developed;
The possible creation of an isolated district unrelated to adjacent and nearby districts;
The population density pattern and possible increase or overtaxing of the load on public facilities such as schools, utilities, or streets;
Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;
Whether changed or changing conditions make the passage of the proposed amendment necessary;
Whether the proposed change will adversely influence living conditions in the neighborhood;
Whether the proposed change will create or excessively increase traffic congestion or otherwise affect public safety;
Whether the proposed change will create a drainage problem;
Whether the proposed change will seriously reduce light and air to adjacent areas;
Whether the proposed change will adversely affect property values in adjacent areas;
Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;
Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare;
Whether there are substantial reasons why the property cannot be used in accord with zoning; and
Whether the change suggested is out of scale with the needs of the neighborhood or the community.
(Ordinance 1133, § 1(2-400), 3-22-94)