Establish the initial zoning district classification of land;

Change the zoning district classification of land;

Authorize a use of land; or

In the case of any overlay zoning districts, to authorize uses or certain zoning standards for the land which are not presently authorized under the regulations for the zoning district in which the land is located.

Where a property owner seeks to rezone land, to establish zoning on newly annexed land, or to establish a Specific Use Provision (SUP) or Planned Development (PD) zoning classification on land, the property owner must submit an application for a change of zoning before seeking approval of any development application for the land.

The requirements of this Chapter 2 apply to all land located within the City’s corporate limits upon the effective date of this GDC, and also to all land parcels that are subsequently annexed into the City upon the effective date of the annexation.

means a subdivision development plan, including a subdivision plan, subdivision construction plan, site plan, concept plan, detail plan, land development application, and site development plan.

includes a preliminary plat, general plan, final plat, and replat.

In the event the ownership stated on an application is different from that shown in City or appraisal district records, or if the applicant is a representative of the property owner, the applicant must submit written evidence of ownership (such as a certified copy of a deed, will, or other conveyance instrument) or a verification signed and notarized by the property owner that the applicant is acting as an authorized representative for the property owner, as applicable.

A landowner or representative seeking approval of an application for a change of zoning must pay or otherwise satisfy all delinquent taxes, paving assessments, impact fees, or any other delinquent debts or obligations for the land to be rezoned before the application is submitted, in accordance with Section 1.09 in Chapter 1 of this GDC. It is the applicant’s burden to provide evidence that all taxes and obligations have been paid.

The report shall include the proposed development's impacts, if any, on planning, engineering, transportation, building inspection, fire protection, and neighborhood enhancement and protection, depending on the issues and complexity of the development. In the event an applicant files both an application for a change in zoning and a plan, the Planning Director shall determine whether the plan meets the requirements of state law and the GDC, and provide a separate planning analysis on the merits of the zoning case.

For applications including a plan, the report must include a recommendation approving, approving with conditions, or denial of the plan. In the event the recommendation of the Planning Director is approving with conditions or a denial of the application, the Planning Director shall include in the report, in the form of a proposed order, a statement of the conditions for the conditional approval, or reasons for disapproval, that clearly articulate each specific condition for the conditional approval or reason for disapproval. Each condition or reason specified in the proposed order must:

The report must be submitted to the Plan Commission prior to the Commission making a recommendation to the Council, and must be submitted to the Council prior to its decision.

For a public hearing before the Plan Commission: personal notice in accordance with Section 1.24(B) in Chapter 1 of this GDC;

For a public hearing before the City Council, or joint public hearing before the Plan Commission and the City Council: published and personal notice in accordance with Sections 1.24(A) and 1.24(B) in Chapter 1 of this GDC.

A Plat shall be submitted to the Planning Department and must be approved or denied within thirty (30) days after the date the plat is filed, unless the applicant requests in writing a thirty (30) day postponement. If the applicant requests postponement, then the plat must be approved or denied by the end of the requested postponement's period. A Plat is considered filed when the applicant submits the Plat, along with a completed application, the application fees, and other requirements as authorized by Chapter 212 of the Texas Local Government Code, to the Planning Department for review by the Planning Director.

If the Planning Director approves a filed Plat, then the Planning Director shall endorse the plat with a certificate indicating the approval. The certificate must be signed by the Planning Director and attested to by the City Secretary.

If the Planning Director fails to approve, approves with conditions, or denies approval of a filed Plat within the prescribed period, the Planning Director shall, on the applicant's request, issue a certificate stating the date the plat was filed and that the Planning Director failed to act on the plat within the period.

If the Planning Director approves with conditions or denies approval of a filed Plat, the Planning Director shall provide a written statement to the applicant listing the reasons or conditions for conditional approval or the denial. Each condition or reason specified in the must:

Any Plat not approved or denied by the Planning Director within thirty (30) days after the date the plat is filed, will be deemed approved unless the applicant requested a postponement of consideration of the Plat. Postponement requests must be submitted in writing by the applicant and shall extend an application for consideration up to thirty (30) additional calendar days from the date of filing. The Planning Director must take action on a Plat by the 30th day of the final postponement period, or the plat will be deemed approved.

An applicant may appeal the Planning Director's denial of approval of a Plat to the Plan Commission. The applicant must follow the procedures for appeal as set forth under section 5.02 of the GDC.

After the conditional approval of a plat, the applicant may submit to the Planning Director a written response that satisfies each condition for the conditional approval. The Planning Director may not establish a deadline for an applicant to submit the response.

The Planning Director that receives a response under Subsection 7 shall determine whether to approve or deny the applicant's previously conditionally approved plat not later than the 15th day after the date the response was submitted. A response received under this section shall be approved if the response adequately addresses each condition of the conditional approval. If the response results in a conditionally approved or denied plat, the procedures under Subsection 4 should be followed.

If no action is taken on a response filed under subsection 8 by the Planning Director, a previously conditionally approved plat is approved if:

The Plan Commission shall hold a public hearing to consider a proposed change of zoning. Following the public hearing, the Plan Commission shall provide its recommendation on the requested change of zoning, and shall forward its recommendation to the City Council. The Plan Commission may recommend approval or denial of the change of zoning application.

In cases where the applicant is requesting both a change of zoning and approval of a plan, the Plan Commission shall:

A plan does not meet technical requirements if the intended use is not consistent with the underlying zoning. In cases where the applicant is requesting both a change of zoning and an approval of a plan, the Plan Commission shall recommend denial of the plan if the Plan Commission also recommends a denial for the request for a zoning change and the intended use is inconsistent with the current zoning designation.

The Plan Commission shall recommend approval, approval with conditions, or disapproval of a plan.

Notwithstanding above subsection (F)(1), the Plan Commission shall extend the 30-day period described by that subsection for one or more periods, each not to exceed 30 days if:

The Plan Commission may recommend approval of a zoning designation of lesser intensity within the same general zoning category (such as residential, nonresidential, or mixed-use, see Table 2-1) without additional public notice provided that the impact on adjacent properties would be lessened or not affected (that is, the lesser intensity would have no anticipated harmful effect on adjacent properties).

The Plan Commission may recommend approval of a modified version of the requested zoning district (or of a less intense district) in the form of a Planned Development (PD) District (refer to Article 2, Division 2 of this Chapter 2).

Following receipt of the Plan Commission's recommendation, the Planning Director Report, and a public hearing on the change of zoning request, the City Council shall consider the request for a change of zoning and render a decision on the request. The City Council may approve or deny the request. The Council's decision on a change of zoning request is final.

The City Council may decide the change of zoning request based upon the Plan Commission's recommendation, or:

In cases where the applicant is requesting both a change of zoning and an approval of a plan, the City Council shall:

A plan does not meet technical requirements if the intended use is not consistent with the underlying zoning. In cases where the applicant is requesting both a change of zoning and an approval of a plan, the City Council shall deny the plan if the request for a zoning change is denied and the intended use is inconsistent with the current zoning designation.

The City Council shall approve, approve with conditions, or disapprove a plan.

In the event an application is either approved with conditions or denied due to the plan not meeting technical requirements, the City Council shall issue a final order indicating whether the plan was approved with conditions or denied. The final order must be signed by the Mayor and attested by the City Secretary, or a majority of the members of City Council. A written copy of the final order shall be sent to the applicant. In cases where the applicant is requesting a zoning change, the final order shall provide a separate decision of the zoning and land use request.

The City Council may, by written request of the applicant, postpone making a decision on the application of a plan or plat and may defer its final decision. The City Council may not request or require an applicant to request postponement, waive a deadline or other approval procedure under this GDC or chapter 212, subchapter A of the Texas Local Government Code. Upon approval of the City Council, the postponement may be for a period not to exceed 30 calendar days, and does not require additional public notice if such postponement is to a date certain. An applicant may request multiple 30-day postponements, but each must be approved by the City Council.

Definition: In this subsection (J), "proposed comprehensive zoning change" means a municipal proposal to:

Where a written protest against a proposed comprehensive zoning change is filed in accordance with Texas Local Government Code, Section 211.006(d), (as amended), the comprehensive zoning change does not become effective except by the favorable vote of three-fourths of all members of the full City Council. For the purposes of this subsection, the following apply:

This subsection (3) applies only to a proposed change to a zoning regulation or district boundary that is not a proposed comprehensive zoning change.

The applicant must clearly indicate whether the request is a reconsideration of a previously denied application, or an application to consider a substantially different proposed land use and plan on the subject property.

To be eligible to file an application to consider a different proposed land use and plan on a tract of land, or any portion thereof, to which Council has denied a zoning change within the previous 12 months, the applicant must first provide sufficient evidence demonstrating the new proposed land use and plan are substantially different than the initial application.

If an applicant desires for Council to reconsider a previously denied application, then the following provisions shall apply:

The land is located in proximity to established residential neighborhoods where conventional zoning classifications may not adequately address neighborhood concerns regarding the quality or compatibility of the adjacent development, and therefore it would be desirable to the neighborhood for the developer and the City to develop and implement mutually-agreed upon, enforceable development standards;

The land, or adjacent property that would be affected by the development of the land, has sensitive or unique environmental features requiring a more flexible approach to zoning and clustering of uses, or special design standards, in order to afford the best possible protection of the unique qualities of the site or the adjacent property;

The land is proposed for development as a mixed-use development or a non-traditional development requiring more flexible and innovative design standards or employing new design concepts not regulated by this GDC;

The land serves as transition between different and seemingly incompatible land uses;

The land is proposed for development as a major office, retail, commercial or industrial employment center, and special design standards may be warranted given the size, complexity, mix of uses, or intensity of uses in or of the proposed development;

The land is of such a character that it is in the community’s best interest to encourage high-quality development through flexible development standards to further the goals and objectives of the City’s Comprehensive Plan; or

The land consists of unusually configured parcels that cannot be developed efficiently under the base district standards.

Any use allowed by right in the Land Use Matrix in Article 5 of this Chapter 2 for the base district(s) of the PD is allowed in the PD district, unless the use is prohibited or otherwise conditioned in the regulations adopted for the PD district.

Uses designated as specific uses in the Land Use Matrix in Article 5 of this Chapter 2 for the base district(s) of the PD may be authorized in the PD district unless such uses are otherwise conditioned in the regulations adopted for the PD district.

Standards that may be modified in the PD ordinance include (but are not limited to) lot area, lot width, lot depth, yard depths and widths, building height and size, building exterior construction, lot coverage, floor area ratio, parking, access, screening, fencing, alternative paving, landscaping, accessory buildings, signage, lighting, and residential density (subject to Section 2.08 in this Chapter 2).

A PD ordinance may increase or decrease the development standards or other requirements otherwise applicable to particular uses.

The extent to which the land covered by the proposed PD district fits one or more of the special circumstances in Section 2.07 of this Chapter 2 warranting a PD district classification;

The extent to which the proposed PD district furthers City planning policies and formally adopted planning documents;

The extent to which the proposed PD district will result in a more desirable development than could be achieved through conventional zoning classifications;

The extent to which the proposed PD district will resolve or mitigate any compatibility issues with surrounding development;

The extent to which proposed uses and the configuration of uses depicted in the Concept Plan are compatible with existing and planned adjoining uses; and

The extent to which the proposed open space and recreational amenities within the development provide a more desirable living environment and enhanced recreational opportunities for residents of the district and for the public generally.

The proposed use at the specified location is consistent with City policies, including the adopted Comprehensive Plan;

The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations;

The proposed use is compatible with, and preserves or enhances, the character and integrity of adjacent developments and neighborhoods, and includes improvements either on-site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances or other similar adverse effects to adjacent development and neighborhoods;

The proposed use does not generate pedestrian and vehicular traffic that will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;

The proposed use incorporates existing private drives, roadway alignments, or other traffic efficiency or safety measures as may be needed to reduce or eliminate development-generated traffic on neighborhood streets (as may be determined by the Transportation Department);

The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed specific use on adjacent properties; and

The proposed use meets the development standards and any other such similar requirements for the zoning district; or, to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood.

Limitation of building size or height;

Increased open space;

Limitations on impervious surfaces;

Enhanced loading and parking requirements;

Additional landscaping, sidewalk, screening, vehicular access and parking improvements;

Placement or orientation of buildings and entryways;

Buffer yards, landscaping and screening;

Signage restrictions and design;

Limitation on operation or function of proposed use (for example, hours of operation);

Limitation on the effective time period for an SUP; or

Any other criteria to safeguard and protect public health, safety, and welfare.

The City Council may revoke any SUP approval after the applicant has failed to comply with any of the applicable requirements of this Chapter 2, other applicable sections of the GDC, the City Code, state or federal law, conditions of the SUP approval, or if one or more of the following conditions apply:

Upon recommendation of revocation by the Planning Director, the Plan Commission must conduct a public hearing, at which an applicant will be provided an opportunity to present information and to answer any questions in regard to the recommended revocation.

City staff has the burden of proof to demonstrate that the applicant has failed to comply with any of the applicable requirements of this Chapter 2, other applicable sections of the GDC, state or federal law, conditions of the SUP approval, or that at least one of the aforementioned Subsection (D)(1) conditions apply.

The Plan Commission must make a recommendation to the City Council to revoke the SUP if it finds that a violation exists and has not been remedied.

The Board shall adopt rules to govern its proceedings provided, however, that such rules are not inconsistent with this GDC or controlling law. Meetings of the Board may be held at the call of the Chairman or at such other times as the Board may determine and in accordance with the Texas Open Meetings Act. The Chairman, or in the Chair’s absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.

The Board must keep minutes of its proceedings, recording the vote of each member upon each question, indicating whether a member was absent or did not vote, and must keep record of its examination and other official actions, all of which is to be immediately filed in the office of the Board as a public record.

Appeals to the Board can be taken by any person aggrieved, or by an officer, department, or board of the City affected by a decision of the Building Official. The appeal must be taken within fifteen calendar days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken must transmit to the Board, as soon as practicable, all the documents constituting the records upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal has been filed, that in his opinion such stay will cause imminent peril to life or property. In such case, proceedings will not be stayed other than by a restraining order which may be granted by the Board or a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. Criminal action commenced in the Municipal Court of the City will not be stayed.

No appeal to the Board for the same or a related variance, which was previously heard on appeal, on the same piece of property, will be accepted prior to the expiration of six months (that is, 180 calendar days) following the previous ruling by the Board, unless other property in the immediate vicinity has within the same six-month period been changed or acted upon by the Board or City Council so as to alter the facts and conditions on which the previous Board action was based. This change in circumstances will give the Board discretion to rehear an appeal prior to the expiration of a six-month period. But, despite a change in circumstances the Board is not compelled to grant a subsequent appeal. A subsequent additional appeal is to be considered entirely on the merits and the peculiar and specific conditions related to the property on which the appeal is brought.

At a public hearing relative to an appeal, any interested party may appear before the Board in person, by agent, or by attorney. The applicant has the burden of proof to establish the necessary facts to warrant favorable action of the Board on any matter. An action granting a variance authorizing the issuance of a Building Permit or Certificate of Occupancy is valid for only one hundred and eighty calendar days, unless the Building Permit or Certificate of Occupancy is obtained in the one hundred eighty day period. However, the Board may grant the applicant a longer time period to obtain the Building Permit or Certificate of Occupancy. If the applicant has not obtained a Building Permit or Certificate of Occupancy within one hundred and eighty days, or within an extended period, the action of the Board is void without prejudice to any subsequent appeal.

In exercising its powers, the Board may, in conformity with the provisions of the Statutes of the State of Texas, in Chapter 211 of the Texas Local Government Code, as existing or hereafter amended, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from, and make such order, requirement, decision, or determination as determined by the Board in its discretion. The Board has the same authority as the officer from whom the appeal is taken. The Board has the discretion to impose reasonable conditions to insure compliance and protect adjacent property.

The concurring vote of six members of the Board is necessary to reverse any order, requirement, decision or determination of any administrative official, to decide in favor of the applicant on any matter upon which the Board is required to pass under this GDC, or to authorize a variance from the terms of this GDC. A simple majority vote of the members then present may approve any other action of the Board. An alternate member may vote – in order to provide an uneven number of votes – on any business matter of the Board that does not require the Board to reverse an order, requirement, decision or determination of an administrative official, to decide in favor of an applicant on any matter on which the Board is required to pass under this GDC, or to authorize a variance from the terms of this GDC.

To hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the official charged with the enforcement of Chapter 2 of this GDC.

To initiate on its motion, or on cause presented by interested property owners, action to bring about the discontinuance of a nonconforming use in accordance with Subsection (3) below.

To 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 for all property to conform to the regulations of this GDC.

To authorize the remodeling or enlargement of a nonconforming use when such a remodeling or enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board may establish a specific period of time for the return of the occupancy to a conforming use in accordance with Subsection (3) above.

To authorize the reconstruction of a nonconforming structure or building on the same lot or tract, provided that the reconstruction does not, in the judgment of the Board, prevent the return of the property to a conforming use or increase the nonconformity of a nonconforming structure and provided that the reconstruction conforms to the provisions of Article 7 of this Chapter 2.

To authorize a variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, setback standards, off-street parking, or off-street loading regulations where the literal enforcement of the provisions of this GDC would result in an unnecessary hardship, and where the variance is necessary to permit the use of a specific parcel of land which differs from other parcels of land in the same district by being of such a restricted area, shape, or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this GDC may not be granted to relieve a self-created or personal hardship, or for mere financial hardship. Further, a variance may not be granted to permit a person a privilege in developing a parcel of land not permitted by this GDC, or not permitted on other parcels of land in the district. No variance may be granted if the granting of the variance will create an unnecessary hardship as herein defined on another parcel of property.

To authorize a request for a variance regarding fencing regulations, including height, location, and materials.

To alter front, side or rear setbacks, provided that the special exception does not exceed ten percent of the minimum requirement;

To waive or reduce the parking and loading requirements in an amount not exceeding thirty-three percent (of the normal requirement in any zoning district) for one or more of the following situations, whenever the character or use of the building makes unnecessary the full provision of parking or loading facilities or where the regulations would impose an unreasonable hardship upon the use of the property for the following purposes:

To correct an inadvertent building, fence, accessory building, or other structural encroachment into a required front, side, or rear yard setback.

The Board of Adjustment must conduct a public hearing on the application in accordance with normal rules and procedures that are applicable to public hearings, and personal notice must be provided in accordance with Section 1.24 of Chapter 1 of this GDC.

The Board of Adjustment must approve, conditionally approve, or deny the special exception application as it deems appropriate.

The minutes of the Board of Adjustment meeting at which a special exception is decided are the official record and documentation of the special exception.

In deciding whether to approve, conditionally approve, or deny the application for a special exception, the Board must apply the standards in Article 7 of this Chapter 2 governing special exceptions. In addition, the Board must consider whether the special exception will substantially and adversely affect the use of adjacent or neighboring property.

The Board may impose conditions on the granting of a special exception as are necessary to prevent harm to adjacent or neighboring property.

A person requesting a reasonable accommodation from a zoning regulation(s) in Chapter 2 of this GDC on the basis of a disability must file a written application for a reasonable accommodation with the Planning Director. The applicant shall not be charged a fee for the application. The application must expressly state the accommodation from the zoning regulation(s) requested and the basis for the request.

If an applicant requests assistance to file a written application for reasonable accommodation due to a disability, the Planning Director shall provide assistance including, but not limited to, transcribing a verbal request into a written request.

The Planning Director shall review the application, confer with the Office of the City Attorney, and issue a written decision on the request no later than 30 calendar days from the date the request is received. The written decision shall state the basis of the decision.

If the Planning Director fails to render a written decision within 30 calendar days, the application shall be deemed granted.

After receiving an application for a reasonable accommodation, the Planning Director may request additional information from the applicant consistent with the Federal Fair Housing Amendments Act and the American with Disabilities Act. The request shall specify the additional information that is needed from the applicant for the Planning Director to render a decision. In the event additional information is requested by the Planning Director, the 30 calendar day period to issue a decision is stayed until the applicant’s response is received by the Planning Director.

The applicant (or the person on whose behalf the applicant is requesting the accommodation) has the burden to present sufficient facts in the application that demonstrate:

If the applicant demonstrates the matters set out in subsection (6) above, the request for reasonable accommodation shall be granted by the Planning Director, unless the Planning Director demonstrates that the accommodation requested would fundamentally alter the City’s zoning regulations, or would pose an undue negative impact on the public health, safety or welfare.

If the Planning Director finds that the requested accommodation would fundamentally alter the City’s zoning regulations, or would pose an undue negative impact on the public health, safety, or welfare, the Planning Director shall determine whether an alternative reasonable accommodation exists that would effectively meet the disability-related need.

An applicant may appeal the written decision to deny or to grant an alternative reasonable accommodation to the City Manager no later than 30 calendar days from the date the decision is mailed.

If an applicant needs assistance appealing a written decision, the Planning Director shall provide assistance including, but not limited to, transcribing a verbal appeal into a written appeal.

An appeal must be in writing and include the grounds for the appeal.

An applicant is not required to pay a fee to appeal a written decision.

The City Manager, or a person designated by the City Manager (other than the Planning Director or an official of the Planning Department), shall review the appeal and issue a written decision no later than 30 calendar days from the date the appeal is received. The written decision shall expressly state the basis of the decision.

If the City Manager, or a person designated by the City Manager (other than the Planning Director or an official of the Planning Department), fails to render a written decision on the appeal within 30 calendar days from the date the appeal is received, the requested accommodation shall be deemed granted.

Consideration of an appeal is subject to the same criteria set forth in subsection (B)(6) above.

A variance application must contain a detailed written statement of the reasons why the standards to be varied should not be applied to the use identified in the application, and must be accompanied by the fee established by the City Council. The application also must be accompanied by illustrations or other documents showing the effect of the requested variance on the proposed development.

A variance application must be filed with the Building Official. No development application that is dependent upon approval of the pending variance application may be approved until a final decision has been reached on the variance application.

The Board of Adjustment shall conduct a public hearing on the variance application in accordance with normal rules and procedures that are applicable to public hearings, and personal notice must be provided in accordance with Section 1.24 of this GDC.

The Board of Adjustment must approve, conditionally approve, or deny the variance application as it deems appropriate.

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

There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land such that the strict application of the provisions of this GDC to the proposed use would create an unnecessary hardship or inequity upon or for the applicant, as distinguished from a mere inconvenience, in developing the land, or would deprive the applicant of the reasonable and beneficial use of the land;

The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the applicant’s land;

The variance is necessary for the preservation of a substantial property right of the applicant;

Granting the variance application will not be detrimental to the public health, safety or welfare, or injurious to other property within the area;

Granting the variance application will not have the effect of preventing the orderly use and enjoyment of other land within the area subject to the provisions of this GDC, or adversely affect the rights of owners or residents of surrounding property;

The hardship or inequity suffered by petitioner is not caused wholly or in substantial part by the applicant;

The request for a variance is not based solely on the applicant’s desire for increased financial gain from the property, or to reduce an existing financial hardship; and

The degree of variance granted must be the minimum amount necessary to meet the needs of the applicant and to satisfy the standards in this Section 2.25.

Expansion of the land area or the building area of a nonconforming use;

Reconstruction or repair of a nonconforming structure that has been destroyed (refer to Article 7 in this Chapter 2);

Resumption of a nonconforming use previously abandoned;

The enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair does not increase the use’s nonconformity; or

Encroachment on a zoning setback line.

The proposed change in nonconforming status meets the criteria in Article 7 of this Chapter 2; and

Granting the application must not result in greater harm to adjacent land uses than the original nonconformity.

The Building Official is the responsible official for processing a petition seeking termination of nonconforming status.

A City official may petition the Board of Adjustment for termination in nonconforming status of a nonconforming use, nonconforming structure, or nonconforming lot.

If the Board grants the petition for termination of nonconforming status, the nonconforming use, nonconforming structure, or nonconforming lot will be in violation of this GDC and subject to any remedy for enforcement, as provided herein.

The application must include a concise statement of the reasons why the nonconforming status should be terminated, with specific reference to the rule(s) governing the nonconformity that the petitioner seeks to enforce, and a detailed explanation of how granting the petition will enforce the rule(s) governing nonconforming status.

The Board must process and decide the petition for termination in nonconforming status as a revocation proceeding under Section 5.25 of this GDC.