Goliad City Zoning Code
Division 2
Administration
§ 14.02.051 Administration, enforcement and fees.
(a)
Administration.
The city administrator, or designee, is hereby designated by the city council as the administrative official to supervise the administration and enforcement of this article. If the administrative official finds that any of the provisions of this article are being violated, the official shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The city administrator, or designee, shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.
(b)
Violations and penalties.
The owner or general agent of a building, premises, lot or parcel where a violation of any provision of the regulations of this article has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than one dollar ($1.00) or not more than two thousand dollars ($2,000.00), and each day any violation of [or] noncompliance continues shall constitute a separate and distinct offense.
(c)
Interpretation and Appeals.
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by law.
(d)
City council duties.
It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this article. Under this article, the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this article, as provided by law, and, of establishing a schedule of fees and charges as stated in subsection (e) below.
(e)
Fees.
The city council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this article. The schedule of fees shall be posted in the office of the zoning administrative official and may be altered or amended only by action of the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance adopted 10/13/21)
§ 14.02.052 Planning and zoning commission.
The planning and zoning commission is hereby charged with the duty and invested with the authority to:
(1)
Inspect property and premises at reasonable hours where required in the discharge of its responsibilities under the laws of the State of Texas and of the city.
(2)
Recommend to the city council approval or disapproval of proposed changes in zoning.
(3)
Formulate and recommend to the city council, for its adoption, a comprehensive/land use plan for the orderly growth and development of the city and its environs and from time to time recommend such changes thereto.
(4)
Exercise all the powers of a commission as to approval or disapproval of plans, plats, or replats set out in chapter 212, section 212.006 of the Local Government Code of the State of Texas.
(5)
Initiate in the name of the city, for consideration at public hearing, all proposals:
(A)
For the opening, vacating or closing of public rights-of-way, parks or other public places or closing of public right-of-way, parks or other public places.
(B)
For the change of zoning district boundaries on an areawide basis. No fee shall be required for the filing of any such proposal in the name of the city.
(6)
Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.
(7)
Submit quarterly, a progress report to the city council summarizing its activities, major accomplishments for the past year, and a proposed work program for the coming year. The report shall contain for the year the attendance record of all members and identity of commission officers.
(Ordinance adopted 10/13/21)
§ 14.02.053 Board of adjustment.
(a)
Established.
A board of adjustments (hereafter in this section, the “board”) is established in accordance with the provisions of sections 211.008–211.011 of the Texas Local Government Code, as may be amended, regarding the zoning of cities and with the powers and duties as provided in said code.
(b)
Membership and procedure.
(1)
Regular membership.
The board shall be governed by five (5) members who shall be qualified electors of the city, each to be appointed or re-appointed by members of the board of aldermen. The members of the board shall elect one of themselves to be the chair of the board.
(2)
Alternate members.
The board shall have two (2) alternate members appointed by the board of aldermen.
(3)
Vacancies.
Vacancies shall be filled by an alternate member for the unexpired term of a member whose term becomes vacant. Any member absent for two (2) regular consecutive meetings shall be deemed to have vacated such office unless such absences were:
(A)
Due to sickness of the member or the member’s family[.]
(B)
With leave being first obtained from the chairman. Vacancies of an alternate member shall be filled by appointment of the board of aldermen by majority vote.
(c)
Meetings, quorum.
Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. Four (4) members of the board shall constitute a quorum for the conduct of business. However, 75% of the membership of the board must hear, and a concurring vote of 75% of the membership is necessary to:
(1)
Reverse an order, requirement, decision, or determination of an administrative official;
(2)
Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or
(3)
Authorize a variation from the terms of a zoning ordinance.
(d)
Duties and powers.
The board of adjustment shall have the powers and duties as indicated in this section, and by section 211.008, Texas Local Government Code, as now or hereafter amended.
(e)
Hearings.
The hearings of the board of adjustment shall be open to the public and notice shall be posted as required under the section 551.041, et seq., Texas Government Code and shall be public, provided that upon the advice and consent of the city attorney, the board may go into executive session pursuant to section 551.071, Tex. Gov’t. Code.
(f)
Rules and regulations.
The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and such minutes shall be filed in the office of the city secretary and shall be a public record. The board of adjustment shall act by resolution in which four members must concur. The board may adopt rules in accordance and consistent with this ordinance as necessary and required. A copy of any such rules shall be furnished to any person requesting same. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith.
(g)
Authority.
The board of adjustment shall have the authority, subject to the standards established in section 211.009 of the Texas Local Government Code, as amended, and those established herein, to exercise the following powers and perform the following duties:
(1)
Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this ordinance; and
(2)
Hear and decide special exceptions to the terms of this ordinance when it requires the board to do so; and
(3)
Inquire into, on its own motion or upon cause presented by interested persons, the abatement, vacation, demolition, removal, expansion, extension, resumption, repair, reconstruction, or other action, of a nonconformity.
(4)
Authorize in specific cases a variance from the terms of this ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of this ordinance is observed and substantial justice is done.
(5)
In exercising its authority under subsection (1) above, 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 make the correct order, requirement, decision, or determination, and for that purpose the Board has the same authority as the administrative official.
(6)
The board shall decide appeals within a reasonable time. Any party to the appeal may appear in person or by agent or attorney at any hearing. The board may, upon the concurring vote of four (4) members, reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement or decision, and make the correct order, requirement, decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(h)
Appeals.
(1)
An appeal may be taken from the decision of an administrative official by an applicant for the permit on which the decision is rendered, by any person or persons directly aggrieved by the decision or by any officer, department, board or bureau of the municipality affected by the decision.
(2)
The appellant must file with the board and the official against whom the appeal is taken a written notice of appeal specifying the grounds for the appeal within fifteen (15) days after the decision has been rendered. The official against whom the appeal is taken shall immediately forthwith transmit to the board all papers constituting the record of the action that is appealed.
(3)
An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.
(4)
The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. The appellant party may appear at the appeal hearing in person or by agent or attorney.
(i)
Judicial review.
(1)
Any person or persons, jointly or severally, aggrieved by a decision of the board of adjustment, or any taxpayer, or any officer, department, or board of the city may present to a court of record a petition, duly verified, setting forth that such decision of the board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) days after the date the decision is filed in the board’s office.
(2)
If a decision of denial has been rendered by the board of adjustment, there shall be a six (6) month holding period before any new application may be filed for consideration by the board of adjustment for the same request.
(j)
Limitations on authority of board.
(1)
The board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought.
(2)
The board shall have no power to grant or modify specific use permits authorized the zoning ordinance.
(3)
Although action may be effected by the board, a variance or special exception for any parcel of property or portion thereof upon which a site plan, preliminary plat, final plat, or zoning amendment, where required, has not been finally acted upon by both the planning and zoning commission and, where required, by the board of aldermen, will not be deemed to be granted until said final action has been completed. All administrative remedies available to the applicant shall have been exhausted prior to a hearing by the board. the board shall have no power to grant a zoning amendment.
(k)
Variances.
(1)
In order to grant a variance from zoning regulations, the board must make written findings that the variance creates undue hardship, using the following criteria:
(A)
That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
(B)
That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
(C)
That the relief sought will not injure the permitted use of adjacent conforming property; and
(D)
That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
(2)
A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship on another parcel of land.
(3)
The applicant bears the burden of proof in establishing the facts justifying a variance.
(4)
Any variance authorized by the board, either under the provisions of the zoning ordinance, or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit, certificate of occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the board, unless said board in its minutes shall, at the same time, grant a longer period.
(5)
If a building permit or a certificate of occupancy shall not have been applied for or issued within a ninety-day period or as the board may specifically grant, the variance shall be deemed waived; and all rights thereunder terminated. The board may grant one or more extensions to this time period upon the applicant’s request and if due cause is shown.
(l)
Special exceptions.
(1)
The board shall have the authority to hear and allow special exceptions for buildings and only when the use is conforming.
(2)
In granting a special exception, the board shall not authorize uses that are not allowed under the terms of this ordinance for the respective district.
(3)
A proof of hardship is not required for granting a special exception.
(4)
The granting of an allowed special exceptions by the board is subject to full and complete compliance with any and all conditions listed, together with such other conditions as the board may impose for protection of public health or safety.
(5)
Any special exception authorized by the board, either under the provisions of the zoning ordinance, or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit, certificate of occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the board, unless said board in its minutes shall, at the same time, grant a longer period.
(6)
If a building permit or a certificate of occupancy shall not have been applied for or issued within a ninety-day period or as the Board may specifically grant, the special exception shall be deemed waived; and all rights thereunder terminated. The board may grant one or more extensions to this time period upon the applicant’s request and if due cause is shown.
(m)
Procedures.
(1)
Application and fee.
An application for granting a variance or special exception by the board, other than an appeal, shall be in writing using forms provided by the city and shall be accompanied by a fee. The application for a special exception shall be the same as for a zoning variance.
(2)
Notice and hearing.
The board shall hold a public hearing no later than 45 days after the date the application for action or an appeal from a zoning administration decision is filed on each such application or appeal. Notice of a public hearing shall be provided to all property owners within two hundred (200) feet of the affected property ten (10) days prior to the public hearing and also published in the official local newspaper.
(Ordinance adopted 10/13/21)