Section 3.1.1.

Function.

The planning and zoning commission (also referred to as the "commission") shall function according to the following criteria which establish membership and operating procedures. The powers and duties of the planning and zoning commission are further defined in section 3.1.4.

Section 3.1.2.

Created; membership; officers; rules and bylaws.

A.

There is created, in accordance with V.T.C.A. Texas Local Government Code, Chapter 211, the "planning and zoning commission," hereinafter referred to as the "commission," which shall consist of at least five (5) registered voters of the City of Everman.

B.

Members shall be nominated for appointment by the City Council of the City of Everman, and each person so nominated shall be approved by a simple majority vote of the full city council before becoming a member of the commission.

C.

All appointments to the commission shall serve as a member of the commission for a term of two (2) years or until removed from the commission by the city council. The city council may remove or replace any commission member at any time by a simple majority vote of the full council.

D.

Any vacancy(ies) on the commission shall be filled for the remainder of the unexpired term via appointment by a simple majority vote of the full city council.

E.

Members of the planning and zoning commission serve at will and may be removed from office at any time by a simple majority vote of the full city council either upon its own motion or upon recommendation of the planning and zoning commission. Failure to attend three (3) consecutive regular meetings shall be cause for removal from office, unless such absences were due to unusual circumstances beyond the member's control such as sickness of the member or someone within the member's immediate family.

F.

The members of the commission shall regularly attend meetings and public hearings of the commission, shall serve without compensation, and shall not hold any other office or position with the city while serving on the commission.

G.

The commission shall elect from its members a chairman and vice chairman to serve for one (1) year. The City of Everman shall keep minutes of all meetings held by the planning and zoning commission as well as the full record of all recommendations made by the commission to the city council.

H.

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

1.

All regular and special meetings to be open to the public, as required by the Texas Open Meetings Act, V.T.C.A. Texas Government Code, Chapter 551, as amended;

2.

A record to be kept of all proceedings, to be open for inspection by the public, as required by the Texas Open Meetings Act, V.T.C.A. Texas Government Code, Chapter 551, as amended;

3.

Reporting to the governing body and the public, from time to time and annually as requested; and

4.

Rules of order and the holding of public hearings on its recommendations.

Section 3.1.3.

Meetings; public record.

The planning and zoning commission shall meet in the city hall building or in some other specified location as may be designated by the presiding chairperson and at such intervals as may be necessary to orderly and properly transact the business of the commission.

Section 3.1.4.

Powers and duties.

A.

The commission shall have all the rights, powers, privileges and authority as authorized and granted by and through the statutes of the State of Texas authorizing and granting cities the power of zoning and subdivision regulation as found in V.T.C.A. Texas Local Government Code, Chapters 211 and 212, as amended.

B.

The planning and zoning commission shall be an advisory body and adjunct to the city council, and shall make recommendations regarding amendments to the comprehensive plan, changes of zoning for real property, specific use permits (SUP), zoning and subdivision ordinance amendments, approval of plats of subdivisions, and other planning-related matters. The planning and zoning commission shall conduct a regular review of the city's comprehensive plan and shall be prepared to make recommendations to the city council, as deemed necessary, to keep the city's comprehensive plan current with changing conditions and trends and with the planning needs of the city. The planning and zoning commission shall also serve in an advisory capacity on any other planning-related matter(s) in the city.

Section 3.1.5.

Procedure on zoning hearings.

The procedure and process for zoning changes and zoning ordinance amendments shall be in accordance with section 5.1.

Section 3.1.6.

Joint meetings with the city council.

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

(Ord. No. 679, § 1(Exh. A), 11-11-14; Ord. No. 762, § 2, 10-13-20)

Section 3.2.1.

Created.

There is hereby created a board of adjustment, hereafter referred to as the "board" for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to grant variances from and to hear appeals regarding the terms of this ordinance that are consistent with the general purpose and intent of this ordinance.

Section 3.2.2.

Members; terms of office.

A.

The Board shall consist of five (5) members, and shall operate in accordance with V.T.C.A. Texas Local Government Code, Sections 211.008 through 211.011, as amended.

B.

The board shall have the power to make the rules, regulations and bylaws for its own governance, which shall conform as nearly as possible to those rules, regulations and bylaws governing the city council, and the commission rules, regulations and bylaws.

C.

The members of the City Planning and Zoning Commission will serve as the members of the City Board of Adjustment. Each Board of Adjustment member shall serve a term which shall terminate on the two-year anniversary of such member's appointment or the date upon which such member is removed from the City Planning and Zoning Commission, whichever is earlier. Members may be appointed to and/or may serve multiple two-year terms. Members may be removed, with or without cause, by the City Council at any time.

D.

The Chairman and Vice-Chairman of the City Planning and Zoning Commission shall serve as the Chairman and Vice-Chairman, respectively, of the City Board of Adjustment.

Section 3.2.3.

Meetings.

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be open to the public, and minutes shall be kept of all proceedings at board meetings. Four (4) members of the board shall constitute a quorum for the conduct of business. All cases to be heard by the board shall always be heard by at least seventy-five (75) percent of the members, which constitutes four (4) members.

Section 3.2.4.

Authority of board of adjustment.

A.

The board shall have the authority, subject to the standards established in V.T.C.A. Texas Local Government Code, Sections 211.008 through 211.011, as amended, and those established herein, to exercise powers and to perform duties including the following:

1.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance;

2.

Hear and decide special exceptions to the terms of this ordinance when the ordinance requires the board to do so;

3.

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

4.

Hear and decide other matters authorized by ordinance.

B.

In exercising its authority under section 3.2.4.A.1 above, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official.

C.

The concurring vote of at least seventy-five (75) percent, or four (4) members, of the full board is necessary to:

1.

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

2.

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

3.

Authorize a variance from a provision of this zoning ordinance.

Section 3.2.5.

Limitations on authority.

A.

The board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.

B.

The board shall have no power to grant or modify special exceptions authorized under this ordinance, unless provisions for special exceptions have been adopted herein, identifying specific criteria for the special exception.

Section 3.2.6.

Variances.

A.

The board may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the terms of this ordinance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot width or depth, or parking requirements may be granted. In granting a variance, the board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings herein below required, the board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

B.

Conditions required for variance. No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with section 3.2.8 of this ordinance and the board shall make findings:

1.

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his/her land;

2.

The circumstances or conditions are not economic hardships created by the property owner;

3.

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

4.

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; and

5.

That the granting of the variance will not have an adverse effect on surrounding properties, preventing the use and enjoyment of other land within the area in accordance with the provisions of this ordinance. Such findings of the board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and that substantial justice may be done.

C.

Findings of undue hardship. In order to grant a variance, the board must make findings that an undue hardship exists, using the following criteria:

1.

That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;

2.

That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;

3.

That the relief sought will not injure the permitted use of adjacent conforming property; and

4.

That the granting of a variance will be in harmony with the spirit and purpose of the ordinance.

D.

A variance shall not be granted to relieve a self-created, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this ordinance on other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

E.

The board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. The board may not change the district designation of any land either to a more restrictive or less restrictive zone.

Section 3.2.7.

Appeals to the board of adjustment.

A.

Authority. In addition to the authorization of variances from the terms of this ordinance, the board shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance, or other provision of the Code of Ordinance[s] where authorized. The board may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the board has the same authority as the administrative official.

B.

Who may appeal. Any of the following persons may appeal to the board a decision made by an administrative official:

1.

A person directly aggrieved by the decision; or

2.

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

C.

Procedure for appeal. The appellant must file with the board and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within fifteen (15) calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The board may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. The board shall decide the appeal within thirty (30) calendar days after the written appeal request was received. The board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

Section 3.2.8.

Procedures.

A.

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

B.

Review and report by the city. The city manager or his/her designee shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his/her findings to the board.

C.

Notice and public hearing. The board shall hold a public hearing for consideration of the variance within a reasonable time after the date the application for action, or an appeal, is filed. Written notice of the public hearing for a variance shall be provided to all property owners, to be delivered to the last property owner of record on the latest approved municipal tax roll via U.S. mail, within two hundred (200) feet of the affected property at least ten (10) calendar days prior to the public hearing. Notice shall also be published in the official local newspaper before the fifteenth (15th) calendar day prior to the public hearing.

D.

Action by the board of adjustment. The board shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in section 3.2.6 has been satisfied. The board may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this ordinance.

E.

Burden of proof. The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the board.

F.

Waiting period. No appeal to the board for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six (6) months following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the board, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

Section 3.2.9.

Finality of decisions; judicial review.

All decisions of the board are final and binding. However, any person aggrieved by a decision of the board may present a verified petition to a court of record which states that the decision of the board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the board's decision is filed in the city secretary's office. The board's decision shall be deemed filed in the office of the board on the first (1st) business day following the date on which action was taken by the board.

(Ord. No. 679, § 1(Exh. A), 11-11-14; Ord. No. 823, § 1, 10-8-24)