Flatonia City Zoning Code
ARTICLE II
ADMINISTRATION
§ 1 ROLES OF CITY OFFICIALS AND AGENCIES.
The general roles of City officials and agencies under this ordinance are as follows.
A.
City Council
City Council receives and acts upon reports and recommendations by the City Manager, the Planning and Zoning Commission and the Historic Commission, establishes zoning districts, determines permitted uses in each zoning district, adopts amendments to the zoning maps and the text of this ordinance, designates historic districts and landmarks, and approves special exceptions to this ordinance and variances from the literal application of the terms of this ordinance in those cases authorized by state law.
B.
City Manager
Except as otherwise provided in this ordinance, the City Manager administers and enforces this ordinance, including making determinations on the proper classification of land uses, receiving all applications and fees, issuing required notices, inspecting premises, and issuing building permits, certificates of appropriateness and certificates of occupancy. References in this ordinance to the City Manager include the City Manager’s duly authorized representative.
C.
Planning and Zoning Commission
The Planning and Zoning Commission recommends a comprehensive plan for the development of the City, recommends amendments to the zoning maps and the text of this ordinance, and conducts studies and makes recommendations on other matters relating to the planning and development of the City.
(Ordinance 304 adopted 12/21/00; Ordinance 2009.8.2 adopted 8/11/09)
§ 2 ESTABLISHMENT OF THE PLANNING AND ZONING COMMISSION.
A.
Planning and Zoning Commission Created
An agency of the city council of the City of Flatonia is hereby created which shall be known as the Flatonia Planning and Zoning Commission. Such commission shall consist of seven (7) members, appointed by the City Council. All members of the Planning and Zoning Commission must be residents of the City of Flatonia.
B.
Terms of Appointment
The members of the commission shall serve for two (2) year terms, which terms shall expire on the first day of May; provided, however, that a member shall continue to serve until his successor is appointed by the council. Four (4) members shall be appointed during even-numbered years and three (3) members shall be appointed during odd-numbered years.
C.
Powers and Duties of the Planning and Zoning Commission
1.
To prepare and recommend to City Council for adoption a comprehensive plan for the City.
2.
To hold public hearings for land use considerations, except variances, and recommend plans of action to the City Council.
3.
To prepare and recommend to City Council for adoption subdivision regulations and to approve or disapprove subdivision plats.
4.
To prepare and recommend to City Council for adoption zoning regulations and to recommend zoning district boundaries, including the power to hold public hearings, enforce the regulations, and recommend changes in the regulations and district boundaries.
5.
To prepare and recommend adoption of urban conservation, rehabilitation and redevelopment programs allowed by state law.
6.
To report on planning and zoning problems that are referred to it for review by the City Manager or the City Council.
7.
To prepare such surveys, reports and studies as are required for the above and other authorized purposes.
D.
Rules and Procedures of the Commission
1.
Vacancies.
As the terms of office of said positions terminate, the city council shall, as soon as possible, and at any rate within sixty (60) days after such expirations, appoint members to fill such vacancies for a term of two (2) years. The city council, if interim vacancies occur, shall appoint a successor for the remainder of such term.
2.
Commission May Establish Its Own Rules.
The commission may establish its own rules as to the attendance of its members at its meetings and, in furtherance of such, the commission may, by a majority vote, expel any member who, in the opinion of the commission, misses an unreasonable number of meetings.
3.
Parliamentary Procedure; Meetings Open To Public.
The commission is hereby empowered to establish its own parliamentary procedure; provided that such shall not be in conflict with the law applicable to the commission or the following:
a.
Quorum:
A quorum shall consist of a majority of the entire membership of the commission and any issue to be voted on shall be resolved by a majority of those present.
b.
Chairman Entitled to Vote:
The chairman shall be entitled to vote upon any question, but shall have no veto power.
c.
Meetings:
Meetings shall be open to the public and minutes shall be kept, and shall be treated as a public record. Meetings shall be held not less than once each month and shall be held at the city hall, unless notice of change of meeting place is published in a newspaper of general circulation in the City of Flatonia.
(Ordinance 304 adopted 12/21/00)
§ 3 DETERMINATION OF LAND USE CLASSIFICATION.
The City Manager shall make determinations on the proper classification of land uses not explicitly defined in this ordinance or explicitly named as an allowed or prohibited use in a Table of Permitted Uses, the Table of Off-Street Parking Requirements, or other provisions of this ordinance.
A.
Said determination shall be reviewed and affirmed by the City Council at their earliest possible meeting. In case the final determination cannot be made at the first meeting, the petitioner shall be notified when it will be made. In no event shall it be longer than 60 days.
B.
All owners of property which lies within 200 feet of any point of the lot or portion thereof which will be affected by the proposed land use determination shall be notified, in writing, at least seven days prior to the City Council meeting. Said notice shall indicate the time and date of the meeting, as well as the City Manager’s determination to be reviewed.
C.
The petitioner shall not proceed with the use of the property until after the determination has been reviewed by the City Council and affirmed.
D.
The Planning and Zoning Commission shall be notified at their next regular meeting of any determination made by the City Manager.
(Ordinance 304 adopted 12/21/00)
§ 4 MAP OF DISTRICT BOUNDARIES (ZONING MAP).
The boundaries of the districts established in the preceding section are shown upon maps on file in City Hall. Such zoning maps and all notations, references and other information shown on such maps are as much a part of this ordinance as if the matters and information set forth by such maps were all fully described herein.
(Ordinance 304 adopted 12/21/00)
§ 5 RULES FOR INTERPRETATION OF ZONING MAPS.
A.
Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries indicated as approximately following city limits shall be construed as following city limits[.]
D.
Boundaries indicated as following railroad lines shall be construed to be the established centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
(Ordinance 304 adopted 12/21/00)
§ 6 CERTIFICATES OF OCCUPANCY.
A.
Certificate Required
No land shall be occupied or used and no building or structure hereafter erected, structurally altered, or extended shall be used, occupied, or changed in use until a certificate of occupancy shall have been issued by the City Manager, stating that the building or structure and proposed use thereof complies with the provisions of this ordinance.
B.
Records to be Kept
The City Manager shall keep a record of all certificates of occupancy, and this record shall be available for inspection by the public.
(Ordinance 304 adopted 12/21/00)