All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot and such other information as may be necessary to provide for the enforcement of these regulations. A record of the original copy of such applications and plats shall be kept in the planning and development department and the duplicate copy shall be at the building at all times during construction.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

   No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected, reconstructed, altered or enlarged shall be occupied or used until a certificate of occupancy shall have been issued by the planning and development department in accordance with the building code.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

      (1)   Review and evaluate the request in light of the text of the zoning ordinance, the official zoning map, the comprehensive plan and other relevant information; and

      (2)   Consult with staff, as necessary, and may request additional information from city staff before rendering a decision; and

      (3)   Render an interpretation in writing and delivered to the requestor by depositing the same, properly addressed and postage paid, in the United States Mail.

   (d)   The decision of the zoning administrative official shall be final unless timely appealed to the board of adjustment.

(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)

   (b)   Appeal fee required. Every appeal shall be accompanied by the appropriate filing fee as provided in the schedule of fees contained in Chapter 25 of the city code. No fee shall be charged for requests filed upon recommendation of the zoning commission, city plan commission, or city council. A separate fee shall be charged if the appeal contains multiple interpretations by the zoning administrative official or is for multiple property addresses unless all the properties are owned by the same person or entity and the interpretation involves the same provisions in the zoning ordinance. No refund shall be made under any circumstances except in the event the appeal is withdrawn prior to the mailing of the required written notification.

   (g)   The zoning administrative official shall schedule the appeal for a hearing before the board of adjustment within 60 days of the date of the appeal application.

(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)

      (1)   Review and evaluate the request in light of the text of this zoning ordinance, the official zoning maps, the comprehensive plan and any other relevant information;

      (2)   Hear testimony from the zoning administrative official regarding the interpretation;

      (3)   Hear testimony from the appellant and any other interested or aggrieved parties;

      (4)   Consult with city staff, as necessary; and

      (5)   Render a decision either affirming or reversing an order, requirement, decision, or determination of the zoning administrative official involving the interpretation of the zoning ordinance.

   (d)   Appeal from decision of board. Any requestor or person aggrieved by the decision of the board of adjustment or any officer, department, board or bureau of the city affected by the decision of the board of adjustment may appeal by filing a petition for same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the court within ten days from the day the board renders its decisions.

(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)

   Every proposal for special exception review shall be filed with the board of adjustment, in accordance with the board of adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

   Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for special exception review applications filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999)

   (a)   Written notice. Written notice of all public hearings before the board of adjustment on proposed special exceptions shall be sent to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the subject property is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city.

   (b)   Posted notice.

      (1)   The city manager or a designee shall direct the erection of at least one sign upon the premises upon which a special exception use has been requested. Where possible such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.

      (2)   Such sign(s) shall be so erected not less than ten days before the date set for the public hearing before the board of adjustment. Any such sign(s) shall be removed subsequent to final action by the board of adjustment on the special exception application.

      (3)   Such sign(s) shall substantially indicate that a special exception use has been requested and shall further set forth that additional information can be acquired by telephoning the number indicated thereon.

      (4)   The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public hearing or to any official action concerning such special exception use.

(Ord. 13896, passed 10-12-1999)

   (a)   In taking action on an application for special exception, the board of adjustment shall grant the application only when the board determines that:

      (1)   The use is specifically permitted under this ordinance;

      (2)   The location of proposed activities and improvements is clearly defined on the site plan by the applicant; and

      (3)   The exception will be wholly compatible with the existing use and permitted development of adjacent properties either as filed, or subject to such requirements as the board finds necessary to protect and maintain the stability of adjacent properties.

   (b)   The burden of proof regarding all conditions is on the applicant. Any site or floor plan will become part of the approval of the special exception.

   Board of Adjustment Procedure

(Ord. 13896, passed 10-12-1999)

   Any person aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. The petition shall be presented to the court within ten days after the filing of the decision in the planning and development department in accordance with the procedures in Tex. Local Government Code § 211.011, as amended.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

   When a proposal is denied by the board of adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the board of adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted.

(Ord. 13896, passed 10-12-1999)

   (a)   A special exception shall expire and have no further effect 180 days after the board of adjustment approval, or at such alternative time as specified in the approval, unless:

      (1)   A building permit has been issued;

      (2)   A certificate of occupancy has been issued; or

      (3)   The development services director grants a one-time extension for a maximum of 180 days upon written request of the applicant prior to the original expiration date.

   (b)   Any special exception granted by the board of adjustment shall terminate automatically when the period of use specified in the board of adjustment's order has expired, or when the use ceases to be in full compliance with any condition imposed by the board of adjustment.

(Ord. 23566-02-2019, § 1, passed 2-5-2019, eff. 5-28-2019; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   (a)   Every application for a variance, other than those addressed in subsection (b) below, shall be filed with the board of adjustment, in accordance with the board of adjustment’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

   (b)   The director of planning and development, or a designee, may approve requests to vary from the standards of this zoning ordinance provided the requests are the lesser of 10% of the applicable specification or one linear foot/one square foot.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

   Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for variance applications filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999)

   Written notice of all public hearings before the board of adjustment on proposed variances shall be sent to owners of real property lying within 300 feet of the subject property. Such notice shall be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. See § 5.147 for additional notice requirements for halfway houses.

(Ord. 13896, passed 10-12-1999; Ord. 28121-11-2025, § 2, passed 10-21-2025, eff. 12-5-2025)

   (a)    Board of adjustment may grant the application for a variance only when the board determines that:

      (1)   Literal enforcement of the regulations in this zoning ordinance will create an unnecessary hardship or practical difficulty in the development of the affected property;

      (2)   The situation causing the hardship or difficulty is unique to the affected property;

      (3)   The situation or hardship is not self-imposed;

      (4)   The relief sought will not injure the existing or permitted use of adjacent conforming property; and

      (5)   The granting of a variance will be in harmony with the spirit and purposes of this zoning ordinance.

   (b)    The board of adjustment may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the requested variance would result in unnecessary hardship:

      (1)   The financial cost of compliance is greater than 50% of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Tex. Tax Code § 26.01;

      (2)   Compliance would result in a loss to the lot on which the structure is located of at least 25% of the area on which development is authorized to physically occur;

      (3)   Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement;

      (4)   Compliance would result in the unreasonable encroachment on an adjacent property or easement; or

      (5)   The structure is a nonconforming structure.

(Ord. 13896, passed 10-12-1999; Ord. 28121-11-2025, § 3, passed 10-21-2025, eff. 12-5-2025)

   (a)   A variance shall expire and have no further effect 180 days after the board of adjustment approval, or at such alternative time as specified in the approval, unless:

      (1)   A building permit has been issued;

      (2)   A certificate of occupancy has been issued; or

      (3)   The development services director grants a one-time extension for a maximum of 180 days upon written request of the applicant prior to the original expiration date.

   (b)   Any variance granted by the board of adjustment shall terminate automatically when the period of use specified in the board of adjustment’s order has expired, or when the use ceases to be in full compliance with any condition imposed by the board of adjustment.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007; Ord. 24030-02-2020, § 22, passed 2-4-2020)

   Any person aggrieved by any decision of the board of adjustment may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. The petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment in accordance with the procedures in Tex. Local Government Code § 211.011, as amended.

(Ord. 13896, passed 10-12-1999)

   (a)   When a proposal is denied by the board of adjustment or when the applicant has withdrawn a proposal after the giving of public notice, no new applications of like nature shall be accepted by the city or scheduled for a hearing by the board of adjustment within a period of 24 months of the date of denial or withdrawal unless the proposal is denied without prejudice; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the mandatory delay period may be waived and a new application accepted. When a decision of the board of adjustment is appealed to a district or county court, no new applications of like nature will be accepted by the city or scheduled for a hearing until the court renders its final decision.

   (b)   When the district or county court affirms the decision of the board of adjustment to deny a variance proposal, no new applications of like nature shall be accepted by the city or scheduled for a hearing unless there is substantial change in conditions in the community since the decision of the board of adjustment so as to justify accepting a new application.

(Ord. 13896, passed 10-12-1999; Ord. 17243, § 1, passed 10-17-2006)

   Every proposal to amend, supplement or change the regulations or restrictions of this ordinance, or the boundaries of the zoning districts, shall be filed with the zoning commission, in accordance with the zoning commission’s established rules of procedure. An application may be filed by the owner of property or an authorized agent, or by the planning and development department upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999; Ord. 17522, § 5, passed 4-24-2007)

   Every application shall be accompanied by the appropriate filing fee as provided in the schedule of fees and charges contained in Chapter 2 of the city code. No fee shall be charged for proposals filed upon recommendation of the zoning commission, plan commission, board of adjustment or city council.

(Ord. 13896, passed 10-12-1999)

   (a)   Written notice. Written notice of all public hearings before the zoning commission on proposed changes in zoning classification shall be sent to owners of real property lying within 300 feet of the property upon which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States mail. When property lying within 300 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, at least 15 days’ notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city. See § 4.305(b) for additional notice requirements for halfway houses and certain multifamily dwellings.

   (b)   Posted notice.

      (1)   The city manager or a designee shall direct the erection of at least one sign upon each property proposed to be rezoned. Where possible, such sign or signs shall be located in a conspicuous place or places upon such property at a point or points nearest any right-of-way, street, roadway or public thoroughfare adjacent to such property.

      (2)   Such sign(s) shall be so erected not less than ten days before the date set for public hearing before the zoning commission. Any such sign(s) shall be removed subsequent to the occurrence of either final action by the city council or withdrawal of the application for amendment.

      (3)   Such sign(s) shall substantially indicate that a zoning amendment is proposed and shall further set forth that additional information can be acquired by telephoning the number indicated thereon.

      (4)   The erection and/or the continued maintenance of any such sign(s) shall not be deemed a condition precedent to the holding of any public hearing, to the recommendation concerning or adoption of any proposed zoning amendment or to any other official action concerning any such amendment.

   (c)   Published notice. Notice of a public hearing before the city council shall be given by publication one time in the official newspaper or a paper of general circulation in the municipality at least 15 days before the hearing. See § 4.305(b)(1) for additional requirements for halfway houses.

(Ord. 13896, passed 10-12-1999)

   The zoning commission shall hold public hearings on all properly filed, noticed and meeting agenda posted proposals. After closing of the public hearing on a proposal, the zoning commission shall transmit to the city council its recommendation on said proposal. For zoning application withdrawals see § 3.506.

(Ord. 13896, passed 10-12-1999; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016)

      (1)   Approve the application;

      (2)   Deny the application with prejudice;

      (3)   Deny the application without prejudice as to the re-filing upon showing that unnecessary hardship will otherwise result and that the intent and spirit of the ordinance will be observed; or

      (4)   Refer the original proposal to the zoning commission for a new hearing, report and recommendation.

      (5)    Accept a request to withdraw the application.

   City Council Hearing and Action Procedure

(Ord. 13896, passed 10-12-1999; Ord. 16948, § 1, passed 5-16-2006; Ord. 22465-10-20 16, § 1, passed 10- 11-2016, eff. 11-3-2016)

   (a)    The applicant shall submit in writing the withdrawal request to the zoning administrator.

   (b)   The action on the withdrawal request shall be based on the timing of the request as follows:

      (1)   An applicant may withdraw an application prior to written notice of the zoning commission public hearing. The city shall not take further action on the application.

      (2)   A request to withdraw an application after written notice or after the application is posted on a zoning commission public hearing agenda shall be deemed accepted and no further action is required. A request to withdraw an application during the zoning commission meeting must be approved by the zoning commission. The city shall not take further action on the application.

      (3)   After the zoning commission public hearing, an applicant may withdraw an application prior to it being posted on the city council's agenda. The city shall not take further action on the application.

      (4)   A request to withdraw an application after it is placed on a posted agenda or during the city council public hearing is at the city council's discretion. The city council may take any action described in § 3.504(b). The decision of the city council is final.

   (c)   Subject to the limitations in § 3.506, to re-initiate review, the applicant shall submit a new application and fee.

(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 23024-12-2017, § 4, passed 12-5-2017, eff. 3-17-2018)

   When a proposal is denied with prejudice by the city council or when the applicant has withdrawn after a recommendation of denial with prejudice of the proposal by the zoning commission no new applications of like nature shall be accepted by the city or scheduled for a hearing by the zoning commission within a period of 12 months of the date of denial or withdrawal; provided, however, on receipt of written request by the original applicant describing substantially changed conditions in the community since prior consideration of the proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.

(Ord. 13896, passed 10-12-1999; Ord. 16948, § 2, passed 5-16-2006; Ord. 22465-10-2016, § 1, passed 10-11-2016, eff. 11-3-2016; Ord. 24278-06-2020, § 1, passed 6-23-2020, eff. 7-2-2020)

   (a)   For designation of planned development (“PD”) districts, see Chapter 4, Article 3.

   (b)   For designation of conservation (“CD”) overlay districts, see Chapter 4, Article 4.

   (c)   For designation of historic preservation overlay districts (“HSE,” “HC,” “DD”), see Chapter 4, Article 4.

(Ord. 13896, passed 10-12-1999)