Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of the Ordinance are met.

It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of this Ordinance, and has since been in regular and continuous use; or

Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of any amendment to this Ordinance, but by such amendment is placed in a district wherein such use, platted lot, or structure is no longer permitted, and has since been in regular and continuous use; or

Such use, platted lot, or structure was in existence and lawfully operating at the time of annexation into the City and has since been in regular and continuous use.

The lawful use of land or lawful existence of structures as of the effective date of this Ordinance, although such do not conform to the provisions hereof, may be continued; but if said nonconforming use or structure is discontinued or abandoned, as these terms are defined in Subsection B below, any future use of said premises shall be in conformity with the provisions of this Ordinance.

“Discontinuance” of a nonconforming use shall be defined as the actual act or date that the use is discontinued (i.e., ceases to operate on the subject property). “Abandonment” of a nonconforming use or structure shall be defined as the actual act or date of abandonment as described in Subsection C.

When a nonconforming use or structure which does not meet the development standards in this Ordinance ceases to be used in such manner as stated in Subsection B above for a time period of six (6) months or longer, such use shall not be resumed and proof of such event shall constitute prima facie evidence of an act of abandonment, except as allowed in Subsection 7.5(E). Any nonconforming use which does not involve a permanent type of structure or operation and which is moved from the premises shall be considered to have been abandoned.

No nonconforming use or structure may be expanded, re-occupied with another nonconforming use, or increased following the effective date of this Ordinance except as provided in Section 7.5.

Conforming single-family residential uses on platted lots which were approved prior to the effective date of this Ordinance, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Ordinance as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Ordinance shall be met or the lot shall be considered nonconforming.

Any existing vacant lot platted prior to the effective date of this Ordinance, which was legally conforming, shall be deemed a conforming lot.

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by the process outlined in Section 7.5 below.

A nonconforming use may not be changed to another nonconforming use.

A nonconforming use located within a building may be extended throughout the existing building, provided that;

No nonconforming use within a building may be extended to occupy any land outside the building.

No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space.

The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required which was an official “lot of record” prior to the effective date of this Ordinance, may be used for a single-family dwelling.

Buildings or structures which do not conform to the area regulations or development standards in this Ordinance, but where the uses are deemed conforming, shall not increase the gross floor area by more than ten percent (10%).

Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use if Subsection E above is followed.

If a structure occupied by a nonconforming use is destroyed by fire, the elements, or some other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming structure which does not exceed fifty percent (50%) of its total appraised value as determined by the Dallas County Central Appraisal District, reconstruction will be permitted, but the previously existing square footage of the structure and/or the function of the nonconforming use cannot be expanded.

A nonconforming structure can be relocated (i.e., moved) to another site (i.e., location) on the same lot/tract upon which it was previously located, subject to submission of a structure relocation plan to the Building Official (or his/her designee) for review and approval, and subject to compliance with all setback regulations for the zoning district in which the structure is located. If said setback regulations of the zoning district cannot be reasonably adhered to, then the Zoning Board of Adjustments may authorize a variance or special exception (see Section 9 of this Ordinance) to the required setbacks upon a finding that such action would be in the public interest and would not be detrimental or hazardous to the health, safety, welfare or convenience of nearby property owners or other citizens.

Should a nonconforming structure be relocated (i.e., moved) from its original site to a different lot/tract, it shall thereafter conform to the regulations (e.g., setbacks, height, square footage, construction materials, etc.) for the zoning district into which it is moved.

Nothing herein contained shall require any change in the plans, construction or designated use of the following:

There is created, in accordance with Chapter 211 of the Texas Local Government Code, and established by Ordinance No. 782 of the City of Hutchins, the “Planning and Zoning Commission”, hereafter [hereinafter] sometimes referred to as the “Commission”, which shall consist of five (5) full members and two (2) alternates who are resident citizens, taxpayers and qualified voters of the City of Hutchins.

Members shall be nominated for appointment by the Mayor or by a member of the City Council of the City of Hutchins, and each person so nominated must be approved by a simple majority vote of the City Council before becoming a member of the Commission.

All appointments to the Commission shall be for terms of two (2) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, within any two-year period, the terms of two full members shall expire during one of those years, and the terms of three full members shall expire during the second year). Terms of office of Commission members shall expire on the first (1st) day of July of any given year.

Any vacancy(s) on the Commission shall be filled for the unexpired term(s) via appointment by a simple majority vote of the City Council for the remainder of the term(s).

Members of the Planning and Zoning Commission may be removed from office at any time by a simple majority vote of the full City Council either upon its own motion or upon recommendation of the Planning and Zoning Commission. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family.

The members of the Commission shall regularly attend meetings and public hearings of the Commission, shall serve without compensation, and shall not hold any other office or position with the City while serving on the Commission.

The Commission shall elect a Chairperson, a Vice-Chairperson, and a Secretary from among its membership, and each officer shall hold office for one (1) year or until replaced by a simple majority vote of the full Commission. The Secretary shall keep minutes of all meetings held by the Planning and Zoning Commission, as well as the full record of all recommendations made by the Commission to the City Council.

The Commission may make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the City Council. The rules, regulations and bylaws of the Commission shall be subject to approval by City Council. Such rules and bylaws shall include, among other items, provisions for:

The Commission will follow the parliamentary procedure adopted by City Council for all boards and commissions, and procedures shall not be in conflict with the laws applicable to the Commission on the following:

The Planning and Zoning Commission shall meet in the Council Chamber in City Hall or in some other specified location as may be designated by the presiding Chairperson, and at such intervals as may be necessary to orderly and properly transact the business of the Commission but not less than once each month.

Meetings shall be open to the public, and minutes shall be kept and shall be treated as public record.

Statutes of the State of Texas authorizing and empowering cities to regulate the platting and recording of subdivisions or additions within the City’s corporate limits and establishing extraterritorial jurisdiction are hereby adopted, and the Commission, acting through its duly authorized officials, shall have all the rights, powers, privileges and authority authorized and granted by and through said statutes pertaining to regulation of subdivisions and extraterritorial powers.

The Commission shall have all the rights, powers, privileges and authority authorized and granted by and through the Statutes of the State of Texas authorizing and granting cities the power of zoning as found in Chapter 211 of the Texas Local Government Code, as amended.

In general, the Planning and Zoning Commission shall be an advisory body and adjunct to the City Council, and shall make recommendations regarding amendments to the Comprehensive Plan, changes of zoning, and zoning to be given to newly annexed areas, and shall make recommendations regarding the approval of subdivision plats and other planning related matters. The Planning and Zoning Commission shall conduct an annual review of the City’s Comprehensive Plan and shall be prepared to make recommendations to the City Council as deemed necessary to keep the City’s Comprehensive Plan current with changing conditions and trends and with the planning needs of the City. The Planning and Zoning Commission shall also serve in an advisory capacity on any planning related item(s) in the City.

The Planning and Zoning Commission shall be the authority that gives final approval for site plans (see Subsection 12.2A.). Denial of a site plan by the Commission may be appealed to the City Council (see Subsection 12.2B.).

The procedure and process for zoning changes/amendments shall be in accordance with Section 10 of this Ordinance.

Whenever the City Council and the Planning and Zoning Commission are required by the laws of the State of Texas to conduct public hearings in matters pertaining to planning, zoning and/or subdividing property, and at other times when it is in the best interest of the City to do so, the City Council and the Planning and Zoning Commission are hereby authorized, after published notice as required by law, to hold joint meetings and to conduct joint public hearings, provided that the City Council shall not take action on any matter heard until it has received the recommendation of the Planning and Zoning Commission.

There is hereby created a Zoning Board of Adjustments (Zoning Board of Adjustments), hereafter [hereinafter] referred to as the “Board”, for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this Ordinance that are consistent with the general purpose and intent of this Ordinance. The Board shall be composed of members who are resident citizens, taxpayers and qualified voters of the City of Hutchins.

The Zoning Board of Adjustment shall consist of seven (7) regular members with two (2) alternate members, who shall be appointed by a simple majority vote of the City Council, in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended.

The City Council may provide for the appointment of alternate members to serve in the absence of regular Board members, as requested by the City Administrator.

Regular Board members shall serve for terms of two (2) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any two-year period, the terms of two regular members shall expire during one of those years, and the terms of three regular members shall expire during the second year).

Any vacancy(s) on the Board shall be filled for the unexpired term(s) via appointment by a simple majority vote of the City Council for the remainder of the term(s).

Members of the Board may be removed from office for cause, and after a public hearing, by a simple majority vote of the full City Council. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family.

The members of the Board (and alternate members, as needed) shall regularly attend meetings and public hearings of the Board, shall serve without compensation, and shall not hold any other office or position with the City while serving on the Board.

The Board shall elect a Chairperson and a Vice-Chairperson from among its membership, and each officer shall hold office for one (1) year or until replaced by a simple majority vote of the full Board. The City Administrator’s designee shall serve as Secretary to the Zoning Board of Adjustments, and shall keep minutes of all meetings held by the Board.

The Board may establish rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the City Council. The rules, regulations and bylaws of the Zoning Board of Adjustments shall be subject to approval by City Council.

Meetings of the Zoning Board of Adjustments shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Five (5) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board shall always be heard by at least seventy-five percent (75%) of the members, which constitutes five (5) members.

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

Authorize, in specific cases, a variance (see Section C) 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.

In exercising its authority under Subsection A 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.

The concurring vote of at least seventy-five percent (75%), or five (5) members, of the full Board is necessary to:

The Board may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in Section 9.7.

The Board shall have no power to grant or modify Specific Use Permits authorized under Sections 31 and 32 of these regulations.

The Board shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, the Board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment.

The Board shall not grant a variance for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the City Council. All administrative remedies available to the applicant shall have been exhausted prior to hearing by the Zoning Board of Adjustments.

The Zoning Board of Adjustments may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with Section 9.9 of this Ordinance and unless the Zoning Board of Adjustments finds:

In order to grant a variance, the Board must make findings that an undue hardship exists, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district.

The applicant bears the burden of proof in establishing the facts that may justify a variance or a special exception.

Upon written request of the property owner, the Zoning Board of Adjustments may grant special exceptions to the provisions of this Ordinance, limited to the following, and in accordance with the following standards:

The Zoning Board of Adjustments may authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than sixty percent (60%), but less than the total, of the replacement cost of the structure as of the date of the damage. Such action by the Zoning Board of Adjustments shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property.

The Zoning Board of Adjustments may authorize the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this Ordinance, or if it will otherwise improve or enhance public health, safety or welfare.

In addition to the authorization of variances from the terms of this Ordinance, the Zoning Board of Adjustments shall have the authority to 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. The Zoning Board of Adjustments may reverse or affirm, in whole or in part, or may 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 Zoning Board of Adjustments has the same authority as the administrative official. The Zoning Board of Adjustments may also hear and decide other matters authorized by the Subdivision Ordinance and other ordinances regarding land use/development regulations.

Any of the following persons may appeal to the Zoning Board of Adjustments a decision made by an administrative official:

The appellant must file with the Zoning Board of Adjustments and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within fifteen (15) calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the Zoning Board of Adjustments all papers constituting the record of action that is appealed. 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 Zoning Board of Adjustments 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 Zoning Board of Adjustments or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. 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.

An application for a variance by the Zoning Board of Adjustments shall be made in writing using forms prescribed by the Board, and shall be accompanied by an application fee (as set forth in Appendix A-6), a site plan and/or additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and/or other similar documents.

The City Administrator, or his/her designee, shall visit the site where the proposed variance will apply and the surrounding area, and shall report his/her findings to the Zoning Board of Adjustments.

The Zoning Board of Adjustments shall hold a public hearing for consideration of the variance request no later than forty-five (45) days after the date the application for action, or an appeal, is filed. Notice of the public hearing shall be provided to all property owners within two hundred feet (200') of the affected property at least ten (10) days prior to the public hearing, and also published in the official local newspaper at least ten (10) days prior to the public hearing.

The Zoning Board of Adjustments shall not grant a variance unless it finds, based upon compelling evidence, that each of the conditions in Section 9.6 has been established. The Zoning Board of Adjustments may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance. Violation of any such condition, limitation or safeguard shall constitute a violation of this Ordinance.

All decisions of the Zoning Board of Adjustments are final and binding. However, any person aggrieved by a decision of the Zoning Board of Adjustments may present a verified petition to a court of record which states that the 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 City Secretary’s office. 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 Zoning Board of Adjustments.

To correct any error in the regulations or map;

To recognize changed or changing conditions or circumstances in a particular locality;

To recognize changes in technology, the style of living, or manner of conducting business;

To change the property to uses in accordance with the approved Comprehensive Plan; or

To implement policies within the Comprehensive Plan.

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and City Council shall consider the following factors:

Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole;

Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings;

The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development;

The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change;

How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved; and

Any other factors which will substantially affect the public health, safety, morals, or general welfare.

For zoning/rezoning requests involving real property, the Planning and Zoning Commission shall hold at least one public hearing on each zoning application, as per applicable State law (Texas Local Government Code Chapter 211, as may be amended). For proposed changes to zoning district boundaries (including rezoning requests), written notice of the public hearing to occur before the Planning and Zoning Commission shall be sent to all owners of real property, as indicated by the most recently approved City tax roll, that is located within the area of the zoning/rezoning application and within two hundred feet (200') of the property for which zoning/rezoning is requested, said written notice to be sent not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, first-class postage paid, in the United States mail.

For requests involving proposed changes to the text of the Zoning Ordinance, notice of the Planning and Zoning Commission hearing shall be accomplished by publishing the purpose, time and place of the public hearing in the official newspaper of the City not less than fifteen (15) days prior to the date of the public hearing. Changes in the Ordinance text which do not change zoning district boundaries (i.e., which do not involve specific real property) do not require written notification to individual property owners.

The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and/or development proposals (e.g., site plans, plats, etc.) which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change and/or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change and/or development application.

The Planning and Zoning Commission shall function in accordance with Section 8 of this Ordinance and with applicable provisions in the City’s Code of Ordinances.

The Commission shall hold a public hearing on a zoning/rezoning request (including a proposed text amendment to the Zoning Ordinance). After all public input has been received and the public hearing closed, the Commission shall make its recommendations on the proposed zoning request stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City’s Comprehensive Plan. The Planning and Zoning Commission may, on its own motion or at the applicant’s request, defer its decision/recommendations (i.e., table the request) for not more than one hundred and twenty (120) days from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling (i.e., cite the meeting date whereon the request will reappear on the Commission’s agenda).

When the Commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions (i.e., as in the case of a Planned Development district or a Specific Use Permit), or disapproval of the request. If the Commission’s recommendation is to approve the request (either as submitted or with additional conditions), then the request will be automatically forwarded to the City Council for a second public hearing thereon (see Section 10.7).

If the Planning and Zoning Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if so requested by the applicant at the time of the public hearing on the zoning request. The Planning and Zoning Chairperson shall inform the applicant of the right to receive reasons for the denial.

Every application or proposal which is recommended for approval (or approval with conditions) by the Planning and Zoning Commission shall be automatically forwarded (along with the Commission’s recommendation) to the City Council for setting and holding of public hearing thereon. The City Council may then approve the request, approve it with conditions, or disapprove it (i.e., against the Commission’s recommendation).

An application which is recommended by the Planning and Zoning Commission for denial shall not be forwarded to City Council unless the applicant files a written appeal with the City Secretary within ten (10) days after the Commission’s decision. Said appeal will, in that instance, be forwarded to City Council along with the Commission’s reasons for denial of the request. The appeal shall be scheduled for the next possible City Council agenda, following appropriate public notification as prescribed in Section 10 (i.e., publication in newspaper, notices sent to property owners within 200 feet, etc.). City Council approval of a request that has been recommended for denial by the Planning and Zoning Commission will require a three-fourths (3/4) majority vote from the full City Council. No zoning change, however, shall become effective until after City Council adoption of an ordinance for same and its publication as required by law.

After a public hearing is held before City Council regarding the zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting, or it may refer the application back to the Planning and Zoning Commission for further study.

Notice of the City Council public hearing for zoning/rezoning and for Zoning Ordinance text amendment requests shall be given by publishing the purpose, time and place of such hearing in the official newspaper of the City not less than fifteen (15) days prior to the date of the public hearing.

A favorable vote of three-fourths (3/4) of all members of the City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) of the area of the adjacent landowners which comply with the provisions of Section 211.006 of the Texas Local Government Code (commonly referred to as the “twenty percent [20%] rule”). If a protest against such proposed amendment, supplement or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the lots included in such a proposed change or those immediately adjacent to the area thereof extending two hundred feet (200') therefrom or of those directly opposite thereto extending two hundred feet (200') from the street frontage of such opposite lots, such amendments shall not become effective except by a three-fourths (3/4) vote of the full City Council.

Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City for the preparation of the amending ordinance. A metes and bounds description of all property, a survey (i.e., drawing) exhibit, and other appropriate exhibits that are determined necessary by the City Administrator, or his/her designee, must be submitted with the zoning change request application. The amending ordinance will not be prepared or formally adopted (i.e., effective) by the City Council until a correct description and all required exhibits have been submitted to the City Administrator, or his/her designee. No zoning change shall become effective until after City Council adoption of an ordinance for same and its publication as required by law.

Occupancy and use of a building hereafter erected or structurally altered (including minor renovation/rehabilitation of residential structures, as described in Subsection 11.4 [sic] below);

Change in use of an existing building to a use of a different classification;

Change in the use of land to a use of a different classification; and

Expansion of a building or structure more than thirty percent (30%) of its floor area.

No such use, or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Building Official, or his/her designee.

This Section establishes a site plan review process for proposed nonresidential and multifamily residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services.

Site plan review and approval shall be required for the following:

Site plan review shall not be required for single-family (attached or detached) or two-family (duplex) residential developments, except as provided in (B.4 ) above, unless the proposed subdivision will include a private amenity/facility comprised of one or more buildings (e.g., a private recreation/swimming facility, clubhouse, golf course, etc.) or unless the proposed subdivision will have private (i.e., not public) streets. In these instances, site plan submission and approval (in accordance with this Section) will be required for the private amenity/facility, the golf course clubhouse/hospitality area, and the gated (i.e., restricted access) entrances.

The site plan submission shall be comprised of the following (all required items/information must be received by the City Administrator, or his/her designee, in order for a site plan/development review submission to be considered complete - incomplete submissions will not be reviewed until all deficient items/information have been received):

No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Hutchins, and which are directly attributable to a piece of property shall be allowed to submit an application for site plan/development review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that the taxes have been paid.

The site plan and accompanying engineering/construction plans (if required) shall contain sufficient information relative to site design and construction to clearly show the extent of the proposed development/construction, and shall include but not be limited to the following:

The City’s staff may require other information and data for specific site plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a site plan may establish conditions for construction based upon such information if such conditions are deemed to be necessary bring the site plan into full compliance with the provisions of this Ordinance, or to protect the public health, safety or welfare. A conceptual plan showing a larger land area surrounding the proposed development may also be required so that the City can get a better understanding of how the proposed development will fit into (or will possibly affect) the surrounding area.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Hutchins, and to ensure that all developments are, to the best extent possible, constructed according to the City’s codes and ordinances.

The City Administrator, or his/her designee, shall review the site plan for compliance with all applicable City ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Hutchins; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

Site plan review and evaluation by the City Administrator, or his/her designee, shall be performed with respect to the following:

The City Administrator (or his/her designee) shall review and evaluate all site plan submissions, and shall have the authority to recommend approval of the site plan, approval of the site plan with conditions or stipulations, or denial of the site plan for specific reasons to the Planning and Zoning Commission. The Planning and Zoning Commission shall have the authority to approve the site plan based upon information provided to the Commission by the City Administrator.

If the site plan is denied by the Planning and Zoning Commission, then the applicant may appeal (in writing) this decision to the City Council. The City Administrator, or his/her designee, shall schedule consideration of the site plan on the regular agenda of the City Council within thirty (30) days after receipt of the written appeal. The City Council shall review the site plan and shall have final authority to approve the site plan, approve the site plan with conditions or stipulations, or deny the site plan.

If development of a lot with an approved site plan has not commenced (i.e., a building permit has not been applied for or issued) within one (1) year of the date of final approval of the site plan, then the site plan shall be deemed to have expired. Resubmission of the site plan (i.e., following expiration as described herein) shall be in accordance with site plan submission and review procedures then in effect and shall be accompanied by all required items/information (including payment of filing fees), and reconsideration of the site plan shall take into account all changes to applicable ordinances which may have occurred since prior approval of the site plan.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Administrator, or his/her designee, shall have the authority to approve minor modifications to an approved site plan (which shall be submitted as an “amended site plan” which substantially conforms to the previously approved site plan), provided that such modifications do not materially change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, the size or height (i.e., enlarge) of building(s), or any other conditions specifically attached as part of City Council’s approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Administrator, or his/her designee.

In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor amendments above), a “revised site plan” must be resubmitted and shall be reviewed by the City Administrator (or his/her designee) in accordance with the procedures set forth in this Section.