The City declares the enactment of the zoning regulations set forth in various Articles of this Ordinance governing the use and development of land, buildings and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

Until all applicable fees, charges and expenses, as established in Section I.8 (Fees Established) and adopted by ordinance in the City’s Fee Schedule have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

Upon the filing of an application to amend the Comprehensive Master Plan land use category or the zoning on a lot or tract of land or property, or for the issuance of a Specific Use Permit relative thereto, or to the creation of a Planned Development, the owner/developer/applicant shall be required to place an informational sign on such lot or tract of land or property within five (5) calendar days after the official submission date as follows:

Prior to making its report to the City Council, the Commission shall hold at least one Public Hearing on each application, as per applicable State law (Texas Local Government Code Chapter 211, as enacted and as may be amended). Written notice of all Public Hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for City taxes, located within the area of application and within two hundred feet (200') of any property affected thereby, within not less than fifteen (15) days before such Hearing is held. Such notice may be served by using the last known address as listed on the latest approved City tax roll and depositing the notice, postage paid, in the United States mail. Notice of Hearings on proposed changes in the text of an Article shall be accomplished by one publication not less than fifteen (15) days prior thereto in the official newspaper of the City. All notices for the Public Hearing, except for a PD and/or SUP request, before the City Council will also be published at the same time notice of the Commission meeting is published. Notices for Public Hearings before the Commission and City Council for a PD and/or SUP shall be made separately and the Public Hearing for the Commission and City Council shall be separated by a minimum of fourteen (14) days.

Notices for the Public Hearing before the City Council may be published at the same time notice of the Commission Hearing is published in all straight zoning cases. In cases where a Planned Development District is being proposed or amended, or a Specific Use Permit is being proposed or amended, notice for the Public Hearing before the City Council shall only be published upon completion of all Public Hearings before and a recommendation from the Commission.

Notwithstanding the foregoing, notices of Public Hearing before the City Council may be published at the same time notice of the Commission meeting is published, should the Applicant so request, and the staff concur based upon prior receipt of DRC reports and workshops on the projects to ensure proper consideration by the Commission.

Failure of the applicant or his/her authorized representative to appear before the Commission or the City Council for more than one (1) Hearing without a delay approved by the City Manager shall constitute sufficient grounds for the Commission or City Council to table or terminate the application. Such request to the City Manager for a delay shall be in writing and shall be provided from the applicant to the City Manager at least seventy-two (72) hours prior to the Hearing.

The Planning and Zoning Commission, after the Public Hearing is closed, shall prepare the report and recommendations on the proposed change stating its findings, its evaluation of the request and of the relationship of the request to the Comprehensive Master Plan which shall not be required to be of a particular form but may be included in a proposed ordinance or appropriate enacting document. The Commission may defer its report for not more than ninety (90) days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon. In making its determination, the Commission shall function in accordance with Section II.1 of this Ordinance and with other applicable provisions of this Ordinance and consider the following factors:

All notices for the public hearing, except for a PD and/or SUP request, before the City Council may be given by publication and may be at the same time notice is given for the Planning and Zoning Commission Public Hearing in the official newspaper of the City, stating the time and place of such hearing, which shall be at least fifteen (15) days after the date of publication, in accordance with Section III.1.6 [IV.1.7] herein. Notices for the Public Hearing for a PD and/or SUP may be made separately and the Public Hearing with the Planning and Zoning Commission and City Council to be separated by a minimum of fourteen (14) days.

Every proposal which is recommended favorably by the Commission, whether as requested or with conditions, shall be forwarded to the City Council for setting and holding of public hearing thereon. The public hearing shall only be held after all appropriate and required notifications are met. The City Council may then approve the request, approve it with conditions or disapprove it (i.e., against the Commission’s recommendation) by a simple majority vote of the City Council. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.

When the Commission determines that a proposal should be denied, or the proposal does not receive the required four (4) affirmative votes, it shall so report and recommend to the Council and notify the applicant. The Commission shall offer reasons to the applicant for its recommendation for denial. When a proposed zoning request is heard by the City Council that has not been favorably recommended by the Commission, a three-fourths (3/4) majority vote (6 of 7 members) by the full City Council shall be required for approval. A request which has been denied by the Commission and/or City Council may be resubmitted by the applicant for reconsideration by the City after a period of one (1) year from date of denial unless waived by the City Council. A new application, filing fee and required exhibits must be submitted.

The aggrieved applicant shall make written grievance for consideration by the Zoning Board of Adjustment using application forms as provided by the City. All grievances shall be accompanied by additional information (i.e., Site Plan, building plans, photographs, topographic contour maps, etc.) as may be requested in order to properly review the matter. All drawings must be to scale.

The City Council shall adopt a designated fee to be paid by the applicant to cover administrative processing costs, as established in Section I.8 (Fees Established), herein and as may be amended.

When, in the Board’s judgment and if in harmony and spirit of this Ordinance, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board may, in specific cases, after written notice to all property owners within two hundred feet (200') of the request and public hearings, and subject to appropriate conditions and safeguards, authorize or order the following:

Appeals to the Board of Adjustment can be taken by any person aggrieved by any office, official, board or department of the City in the enforcement of this Ordinance. A notice of appeal, specifying the grounds thereof, shall be taken within fifteen (15) days after the decision has been rendered by filing with the City Secretary with notice provided to the officer from whom the appeal is taken and to the Board. The officer against whom the appeal is taken shall forthwith transmit to the Board all paper[s] constituting the record upon which the action the appeal was taken. The City Manager or his/her designee shall visit the site where the proposed variance, grievance or special exception will apply and the surrounding area, and shall report his/her findings to the Board. An appeal stays all proceedings, both for the City and for the appellant, in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies in writing to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by a court of competent jurisdiction or [on] application on notice to the officer from whom the appeal is taken and on due cause shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within thirty (30) calendar days after the written request (i.e., notice of appeal) 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.

The Board shall not grant a variance or special exception unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions required for granting a variance or special exception 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.

The concurring vote of seventy-five percent (75%) or four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such Ordinance, or to effect any variation in such Ordinance.

On any matter properly submitted and considered by the Board, and upon the final vote, the Board shall issue a written Order setting forth the Board’s decision.

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 waiting period of six (6) months (i.e., 180 calendar days) following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, being changed or acted upon by the Board or by 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 of [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 special circumstances related to the submit property.

Upon a favorable Board action on a variance of special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within three (3) months (i.e., 90 calendar days) following the date of Board action, unless the Board specified a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, with the three-month time frame, then the variance or special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. Such termination and waiver shall be without prejudice to the subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

All decisions of the Board are final and binding. However, any person or persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department, or Board of this City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court of record within ten (10) days after the filing of the decision in the office of the Board and not thereafter. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the Board.

Upon approval of the zoning request (and Concept Plan in the case of a PD or SUP request) by the City Council, the Applicant shall submit all related material with revisions, if necessary, to the City Manager or his/her designee for the preparation of the amending ordinance. The zoning request shall be deemed approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the amending ordinance will not be prepared for adoption until a correct legal description and all required exhibits have been submitted to the City Manager or his/her designee, and the amending ordinance shall not be formally adopted (i.e., effective) until it is adopted by the City Council, signed by the Mayor, and attested by the City Secretary. If all necessary materials and information are not received in a timely manner, and if the amending ordinance has not been adopted within six (6) months (i.e., 180 calendar days) following City Council action on the zoning request, then the City Council may, at its option, recall the request for a new public hearing and reconsideration.

The City Manager shall designate a qualified member of the staff, such as the City’s Building Official, to administer and enforce the provisions of this Ordinance. If such designated official finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this Ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The designated city official or his/her authorized representative, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Ordinance.

Whenever any building or construction work is being done contrary to the provisions of this Ordinance, the City official, designated by the City Manager, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this Ordinance, in accordance with Article XX, Section 4 (Penalties and Remedies for Violations), and may incur penalties for such violation.