Florence City Zoning Code

Such use, platted lot or structure was in lawful existence prior to this article; or

Such use, platted lot or structure was in existence at the time of annexation to the City, was a legal use of the land at such time and has been in regular and continuous use since such time.

The use ceases to operate for a continuous period of six (6) months.

Where the use occupies a structure, the structure remains vacant for a continuous period of six (6) months; or

In the case of a temporary use, the use is moved from the premises.

No alteration shall be made to the structure occupied by the nonconforming use, except those required by law to preserve the integrity of the structure; and

The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

Regular and special meetings, open to the public.

A record of its proceedings, to be open for inspection by the public.

Reporting to the City Council and the public regularly.

Reviewing the Comprehensive Plan annually with a full update every five years.

Reviewing Master Plans and Land Use and Development Ordinances; and

Required training in conformance with all laws.

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

Decide in favor of an applicant on a matter on which the Board is required to review under this article.

Authorize a variance from the terms of this article; or

Hear and decide special exceptions to this article.

No variance shall be granted without first having given public notice and having held a public hearing on the written variance request in accordance with this article and unless the Zoning Board of Adjustments finds:

Such findings of the Zoning Board of Adjustments, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Zoning Board of Adjustments meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secured, and that substantial justice may be done.

To grant a variance, the Zoning Board of Adjustments must make written findings that an undue hardship exists, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, 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 article to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

The applicant bears the burden of proof in establishing the facts that may justify a variance.

Expansion of a nonconforming use within an existing structure provided that, in the case of a nonconforming residential use, such expansion does not increase the number of dwelling units to more than the number existing when the use first became nonconforming; or

Expansion of the gross floor area of a nonconforming structure provided that such expansion does not decrease any existing setback.

Change from one nonconforming use to another, re-construction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land.

In granting special exceptions under this section 14.02.034, the ZBA may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being conformed to the standards of this article.

To correct any error in the regulations or map.

To recognize changed or changing conditions or circumstances in a particular locality.

To recognize changes in technology, the style of living, or manner of conducting business.

To change the property to uses in accordance with the approved Comprehensive Plan; or

To make changes in order to implement policies within the Comprehensive Plan.

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole.

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area.

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.

The recent rate at which land is being developed in the same zoning classification as the written request, particularly in the vicinity of the proposed change.

How other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved; and

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

For the purpose of these regulations, the "official submission date" shall be the date upon which a complete application for a zoning change request, that contains all elements and information required by this article, is first submitted to the Mayor/City Secretary or his/her designee. No application shall be deemed officially submitted until the Mayor/City Secretary or his/her designee determines that the application is complete, and a fee receipt is issued by the City. Failure by the Mayor/City Secretary or his/her designee to make a determination of incompleteness within fifteen (15) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the "official submission date" shall become the 16th calendar day following initial receipt of the application by the City.

Zoning change request applications which do not include all required information and materials will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Commission agenda until the proper information is provided to City staff.

For the public hearing before City Council, publishing the purpose, time and place of the public hearing in the official newspaper of the City before the 15th day before the date of the hearing date of the public hearing; and

For the public hearing before the Commission, mailing notice of the public hearing to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within two hundred feet (200') of any property affected thereby, said written notice to be sent before the 10th day before the hearing date. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, with first class postage paid, in the United States mail.

An application which is recommended by the Commission for denial shall not be forwarded to the City Council unless the applicant files a written appeal with the City Secretary within ten (10) days after the Commission's decision. Said appeal will, in that instance, be forwarded to the City Council along with the Commission's reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda, following appropriate public notification. Ultimate approval of the request will require a three-fourths (3/4) majority vote of all members of the City Council. No zoning change shall become effective until after the adoption of an ordinance for same.

If the City Council approves the request, then subsection (g)(4) will apply.

If the City Council denies the request, then no other zoning application may be filed for all or part of the subject tract of land, or for that portion of the Ordinance, for a waiting period of one (1) year following the denial, or in the case of a text amendment request submitted by a property owner or citizen, for a waiting period of three (3) months following the denial. In the instance that the request was initiated by the City Council and involved a proposed amendment to the text of the Zoning Ordinance, then there is no waiting period before the request can be reconsidered.

The City Council may, at its option, waive the one (1) year waiting period if, after due consideration of the matter at a scheduled and posted meeting, it is determined that denial of the request was based upon erroneous or omitted information, or if substantial new information pertaining to the request is discovered.

Pre-Application Conference.

Concept Plan Review.

Site Plan Review.

Planning and Zoning approval.

City Council approval

The plan's compliance with all provisions of this article and other ordinances of the City of Florence.

The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.

The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.

The provision of a safe and efficient vehicular and pedestrian circulation system.

The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.

The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.

The coordination of streets to arrange a convenient system consistent with the Transportation Plan of the City.

The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.

Exterior lighting to ensure safe movement and for security purposes, which shall be arranged to minimize glare and reflection upon adjacent properties.

The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.

Protection and conservation of soils from erosion by wind or water or from excavation or grading.

Protection and conservation of watercourses and areas subject to flooding.

The adequacy of water, drainage, sewage facilities, solid waste disposal, and other utilities necessary for essential services to residents and occupants.

Consistency with the Comprehensive Plan.

Prior to formal application for approval of any concept plan or site plan, the applicant(s) shall request and attend a pre-application conference with the Mayor/City Secretary or his/her designee, the City Engineer, and any other pertinent City official(s) in order to become familiar with the City development regulations and the development process. At the pre-application conference, the developer may be represented by its land planner, engineer, and surveyor.

The Mayor/City Secretary or his/her designee shall schedule consideration of the concept plan or site plan, as resubmitted (if applicable), on the regular agenda of the Commission within thirty (30) days after the submission is received, or, in the case of an incomplete submission, after the submission is deemed complete. The Commission shall review the concept plan or site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. If the Commission recommends approval, with or without conditions, of the plan, then it will be forwarded to the City Council for consideration. If the Commission recommends disapproval of a plan application, the Commission shall state such disapproval and the reasons thereof. The applicant or property owner may appeal such decision to City Council by filing a Notice of Appeal in the office of the Mayor/City Secretary or his/her designee no later than ten (10) calendar days after the date upon which the Commission denied the application. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The City Council shall consider the appeal at a public meeting no later than thirty (30) calendar days after the date upon which the Notice of Appeal was filed. The City Council may change the decision of the Commission by vote of the majority of the City Council present. The City Council may also, where appropriate, remand the concept plan or site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so, such as the introduction of significant new facts or testimony. The City Council shall determine final approval or disapproval or all concept plan or site plan appeals.

A title block within the lower right-hand corner of the concept plan with the proposed name of the project or subdivision, the name and address of the owner and the land planner, engineer architect or surveyor responsible for the design or survey, the scale of the drawing, both written and graphic scale, the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Williamson County, Texas.

A vicinity or location map that shows the location of the proposed development within the City or its extraterritorial jurisdiction and in relationship to existing roadways.

The boundary survey limits of the tract and scale distances with north clearly indicated.

The names of adjacent additions or subdivisions, or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads and creeks. The concept plan shall include a depiction of all contiguous holdings of the property owners, the existing and proposed uses of the subject property, a general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated, and a generalized circulation plan for the subject property.

The existing zoning and existing and proposed uses on adjacent land, the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract, any existing easements with recording information, existing buildings, railroad rights-of-way, topography, including contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable, any other important natural features (such as rock outcroppings, wildlife habitats, all substantial natural vegetation, and adjacent political subdivisions, corporate limits, and/or school district boundaries;

Proposed strategies for tree preservation showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction.

The layout and width, including right-of-way lines and curblines, of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots, and blocks, proposed driveway widths and distances between driveways, proposed median openings and left-turn lanes on future divided roadways. Existing and planned driveways and entryways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings.

A general arrangement of land uses and buildings, including but not limited to, proposed non-residential and residential densities, building heights, square footages, massing, orientation, loading and service areas, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas, any proposed sites for parks, schools, public facilities, public or private open space; floodplains and drainageways, and other pertinent development related features.

The phasing of development.

A title block within the lower right-hand corner of the site plan with the proposed name of the project or subdivision, the name and address of the owner and the land planner, engineer architect or surveyor responsible for the plan, the scale of the drawing, both written and graphic scale, the date the drawing was prepared, total site acreage, and the location of the property according to the abstract and survey records of Williamson County, Texas.

A vicinity or location map that shows the location of the proposed development within the City or its extraterritorial jurisdiction and in relationship to existing roadways.

The boundary survey limits of the tract and each proposed lot, and scale distances with north clearly indicated.

The names of adjacent additions or subdivisions, or the name of the owners of record and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads and creeks.

The existing zoning and existing and proposed uses on adjacent land, the location, width and names of all existing or platted streets or other public ways within or adjacent to the tract, any existing easements, with recording information, existing buildings, railroad rights-of-way, topography with contours at two-foot intervals with existing drainage channels or creeks, including the 100-year floodplain, if applicable, any other important natural features such as rock outcroppings, caves and wildlife habitats, and all substantial natural vegetation.

Proposed strategies for tree preservation, showing individual trees or tree masses that will be preserved, and the techniques that will be used to protect them during construction.

The layout and width, including right-of-way lines and curblines, of existing and proposed thoroughfares, collector streets and intersections, and specific configuration of proposed streets, lots and blocks, proposed driveways, driveway widths and distances between driveways, and proposed median openings and left-turn lanes on future divided roadways. Existing and planned driveways or entryways on the opposite side of roadways must also be shown.

Specific locations and footprints of buildings, including but not limited to proposed non-residential and residential densities, building heights, square footages which for multi-tenant or multi-purpose buildings must show square footage for each intended use, massing, orientation, loading and service areas, including proposed screening, recycling containers, compactors and dumpster enclosures, pedestrian walkways, and parking areas including parking ratio calculations, any proposed sites for parks, schools, public facilities, public or private open space, floodplains and drainageways, all proposed and existing utilities and easements, drainage structures, retention/detention ponds with proposed aesthetic treatments or screening walls, fences, signage, fire lanes and fire hydrants, lighting, visibility easements, and other pertinent development related features.

A landscape plan showing turf area, tree types and sizes, screening walls, ornamental plantings, planting schedule, including species, planted height, spacing, container and caliper size, numbers of each plant material, any existing wooded areas, trees to be planted, and irrigation plans, if required.

Building facade (elevation) plans showing elevations with any wall-mounted signage to be used, as determined appropriate by the Mayor/City Secretary or his/her designee.