Grayville City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.105 ADMINISTRATION OFFICER; ZONING BOARD.
(A) The Zoning Chairman shall be the Mayor of the City of Grayville, and shall be in charge of the administration and enforcement of this chapter.
(B) The Commissioners of the Grayville City Council shall act as the Zoning Board, being responsible for enforcing the Zoning Ordinance and presiding over any public hearings as required under the provisions herein.
(C) All meetings of the Zoning Board shall be called by the Mayor/Chairman, and as often as practicable, shall take place on the same dates as regular meetings of the Grayville City Council.
(1) The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact. Findings of fact and decision shall be prepared for each case reviewed by the Zoning Board.
(2) At all public hearings before the Board, the Board shall require that all testimony by witnesses be given under oath.
(Ord. 443, passed 5-19-86; Am. Ord. 826, passed 8-22-16; Am. Ord. 871-A, passed 6-10-19)
§ 153.106 VARIATIONS.
(A) The Zoning Board may permit variations in specific cases where practical difficulties or particular hardships occur. The Board shall do so only where the granting of such a variation would be in harmony with the general purpose and intent of this chapter. The Board may grant variations in the following instances only, and in no others:
(1) To permit any yard, court, setback or line to be of less dimension than required by the applicable regulations;
(2) To permit any structure to exceed the height limitations imposed by the applicable regulations;
(3) To permit a reduction in the number of street parking spaces in connection with a particular use;
(4) To permit a reduction in the minimum ground floor area requirement for single-family residences.
(B) No variations shall be granted by the Zoning Board except after a public hearing is conducted as provided in § 153.109.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering the practical difficulties or particular hardship:
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) That the land, structure or building involved cannot reasonably be developed or used in accordance with the requirements of the district in which it is located;
(3) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(4) That the special condition and circumstances do not result from the actions of the applicant;
(5) That granting the variation requested will not give the applicant of the property in question privileges not generally held by other property owners or occupants in the same vicinity and district;
(6) That the granting of the variation will be in harmony with the purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(Ord. 443, passed 5-19-86)
§ 153.107 SPECIAL USE PERMITS.
(A) Certain types of uses may be permitted in the particular Zoning Districts when special consideration has been given to the site itself and the characteristics of surrounding property. The purpose of this section is to allow the Zoning Board the authority to impose certain conditional standards when taking into consideration the characteristics of the surrounding property.
(B) No special use permits shall be granted by the Zoning Board except after a public hearing is conducted as provided in § 153.109.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering an application for a special use permit:
(1) That the proposed use is consistent with the city's land use plan;
(2) That the proposed use will not be detrimental to or endanger the public health, safety, morals, comforts, or general welfare;
(3) That the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses already permitted, or substantially reduce the value of neighboring property;
(4) That the proposed use will not impede orderly growth, development and improvement of surrounding properties for those uses permitted in the zoning district;
(5) That the proposed use is provided, or will be provided, with adequate utilities, access roads, drainage, and necessary facilities.
(Ord. 443, passed 5-19-86)
§ 153.108 AMENDMENTS AND CHANGES.
(A) The regulations set forth in the text of this chapter and the Zoning District Map may be amended upon application by any person or party, or by the Zoning Board and City Council. The chapter shall only be amended when the proposed change promotes the public health, safety, morals, comfort, or general welfare of the residents of the city.
(B) No zoning text amendment or Zoning District Map amendment shall be considered except after a public hearing has been conducted by the Zoning Board as provided in § 10.99.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering amendments to the chapter:
(1) The suitability of the subject property for uses authorized by the existing zoning;
(2) The suitability of the subject property for uses authorized by the proposed zoning;
(3) The existing land uses of nearby property;
(4) Existing zoning of nearby property;
(5) Whether the petitioned zoning change is in the best interest of the general public or is it solely for the benefit of the petitioner.
(D) After the public hearing, the City Council shall approve or deny the proposed amendment. All decisions of the City Council are final, and are subject to review by the courts of the state.
(Ord. 443, passed 5-19-86; Am. Ord. 871-A, passed 6-10-19)
§ 153.109 PUBLIC HEARING PROCEDURES.
(A) All applications for a variation, special use permit and zoning text or zoning district map amendment shall be filed with the City Clerk. The City Clerk shall forward the applications to the Zoning Board for processing.
(B) No variations, special use permit, or zoning text or Zoning District Map amendment shall be processed except after a public hearing before the Zoning Board. Public notice stating the time and place of the public hearing shall be published at least once, not more than 30 nor less than 15 days before the public hearing, in one or more newspapers published in the city, or in one or more newspapers of general circulation, if a newspaper is not published in the city.
(C) The costs or charges of the publication notice shall be paid by the applicant.
(Ord. 443, passed 5-19-86)
§ 153.110 IMPROVEMENT LOCATION PERMITS.
(A) Within the zoning boundaries of the city, no structure or improvement, home occupation, or use of land may be altered, changed, placed, erected, or located on platted or unplatted land, unless the structure, improvement or use, and its location, conform with this chapter, and an improvement location permit for such structure, improvement or use has been issued by the Zoning Board.
(B) The Zoning Board shall issue an improvement location permit upon written application, when the proposed structure, improvement or use and its location conform in all respects with the requirements of this chapter.
(C) Any person or corporation which makes application for an improvement location permit, shall at the time of making such application, furnish the Zoning Board with a plot plan, drawn to scale as required by the Zoning Board, and show the following items:
(1) The location and size of all buildings or structures already on the site and those to be erected;
(2) The width of all entrances to and exits from the site;
(3) All adjacent streets and roadways; and
(4) Any additional information requested by the Zoning Board.
(D) When an application for an improvement location permit is filed with the Zoning Board, it shall be accompanied with a fee set in accordance with the schedule of fees adopted by the City Council.
(Ord. 443, passed 5-19-86)
§ 153.111 FEE SCHEDULE.
(A) The City Council shall establish a schedule of fees indicating the charges for an improvement location permit, variations, special use permits, zoning text or Zoning Map amendments, and appeals. The schedule of fees may be amended by City Council.
(Ord. 443, passed 5-19-86)
(B) The following schedule of fees shall be established, pertaining to the city and surrounding one-half mile of the city. All fees shall be paid to the City Clerk at the time of the filing of the petition, or at the time application is made for an improvement location permit. Additionally, all special use permits and variances granted by the Board of Zoning Appeals shall be recorded in the county in which the subject real estate is located. The cost of recording shall be the responsibility of the applicant. It will be collected from the applicant, prior to recording by the city.
(1) All city improvement location permits ("building permits") shall be $25.
(2) All applications for variances and special uses to the zoning chapter shall be $50.
(3) All applications to amend the text of this chapter shall be $50.
(4) All applications for amendments to the Zoning Map of the city shall be $100.
(5) All map and text changes to the Zoning Ordinance and Zoning Map of the city will be done on an annual basis.
(6) The Mayor and Commissioners acting in their capacity as Zoning Board Chairperson and Zoning Board Members shall be paid the sum of $___ for each meeting they attend to hear applications or petitions under this chapter when such meetings are held on dates other than those of the regular meetings of the Grayville City Council.
(Ord. 440, passed 1-20-86; Am. Ord. 608, passed 8-14-00; Am. Ord. 716, passed 8-25-08; Am. Ord. 871-A, passed 6-10-19)