(a)

Administrative officer. It shall be the duty of the person designated by the city manager as the administrative officer to enforce this chapter. Appeal from the decision of the administrative officer may be made to the board of adjustment.

(b)

Right of entry. The administrative officer or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out their duties in the enforcement of this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

Charter reference— Board of adjustment, §§ 10.05, 10.06.

(a)

The terms and provisions of this section may be amended from time to time, but no such amendment shall be made except by ordinance in compliance with the requirements in this section.

(b)

The process for approval of changes and amendments to the zoning district classifications or of a proposal to change regulations applicable in a particular zoning district classification shall be as follows:

(1)

An application shall be filed with the administrative officer.

(2)

After being deemed administratively complete and appropriate fees paid, a public hearing shall be scheduled before the planning and zoning commission. A minimum of ten days prior to that meeting, written notice of the hearing must be mailed to the owners of all properties located within 200 feet of the land covered by the proposed change and to owners of the lands covered by the proposed change who are not applicants for the change. Additionally, written notice of the hearing must be mailed to the owners of all properties located beyond 200 feet but within 400 feet of the land covered by the proposed change. Notice of the hearing shall also be published in the newspaper of general circulation in the city. A temporary sign (min. 18" x 24"), shall be provided and posted by the city along the property street frontage as an additional notification to the public. The planning and zoning commission shall then hear the case and make a recommendation to the city council.

(3)

The city council shall then conduct a public hearing on the matter. Before the 15th day before the date of the city council hearing, notice of the time and place of the hearing must be published in a newspaper of general circulation in the city or in the official newspaper of the city.

(4)

Should the owners of 20 percent of the area of land within 200 feet of the land covered by the proposed change, or the owners of 20 percent of land covered by the proposed change file a written, signed protest to the change, the proposed change, in order to take effect, must receive the affirmative vote of three-fourths of all members of the city council.

(5)

In addition to the foregoing notice, the city shall provide written notice of each public hearing regarding any proposed adoption of or change to a zoning regulation or boundary under which a current conforming use of a property is a nonconforming use if the regulation or boundary is adopted or changed. The notice shall:

a.

Be mailed by United States mail to each owner of real or business personal property where the proposed nonconforming use is located as indicated by the most recently approved municipal tax roll and each occupant of the property not later than the 10th day before the hearing date;

b.

Contain the time and place of the hearing; and

c.

Include the following text in bold 14-point type or larger: "THE CITY OF INGLESIDE IS HOLDING A HEARING THAT WILL DETERMINE WHETHER YOU MAY LOSE THE RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE, PLEASE READ THIS NOTICE CAREFULLY."

(c)

All public hearings shall be attended by the property owner-applicant or person, or persons delegated by said property owner in order to provide testimony relevant to the case at hand. Failure to attend hearing may result in the matter being tabled until the next regularly scheduled meeting or removed from the agenda until further notice. Any additional costs involved in order to republish and/or provide written notice to other property owners will be the responsibility of the owner-applicant requesting said public hearing.

(Ord. No. 2023-27, § 1, 12-12-23)

Charter reference— Procedure for adoption of ordinance, § 3.11; planning and zoning commission, §§ 10.01, 10.02.

State Law reference— Procedures and hearing requirements, V.T.C.A., Local Government Code §§ 211.006, 211.007.

(a)

After receiving the planning and zoning commission recommendation, the city council may, after public hearing, grant or deny the change of zoning.

(b)

Whenever any motion or vote on a proposed change of zoning has failed to receive a sufficient affirmative vote to be effective, unless some other action is taken by the city council at the meeting of the city council which has a sufficient affirmative vote to be effective, the proposed change in zoning shall be deemed denied.

(Ord. No. 2023-27, § 1, 12-12-23)

A fee, as determined by resolution of the city council and listed in appendix A of this Code, shall be paid to the city upon the application for any change or amendment to this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

The special use permit provides a means for developing certain uses in a manner in which the use will be compatible with adjacent property and consistent with the character of the neighborhood.

(b)

The grant of a special use permit shall have no effect on the uses permitted of the underlying zoning district.

(c)

Specific uses requiring a special use permit are identified in the permitted uses sections in Article 4 for each grouping of zoning districts.

(d)

When an application is submitted for a rezoning to a broader classification, a special use permit may be granted in lieu of granting a rezoning to the broader classification when the applicant has plans of sufficient detail showing the full extent of the proposed use of the buildings, structures, and premises and including provisions for sufficient off-street parking facilities, screening walls or fences, landscaping, and open space so as to create a transition between a lesser, more restricted district and the proposed district.

(Ord. No. 2023-27, § 1, 12-12-23)

The process for review and issuance of a special use permit shall be the same as for a change in zoning.

The planning and zoning commission, by majority vote, may recommend to the city council that a special permit be granted, if, after the hearing and after consideration of the plans and the recommendation of the administrative officer and other evidence presented at the hearing, the planning and zoning commission finds the following:

(1)

Property use will not adversely affect the surrounding property or the health, safety and general welfare of the public.

(2)

Sufficient off-street parking will be provided to accommodate the use of the property.

(3)

Screening walls or fences will be provided as reasonable or necessary to visually shield the less restrictive from more restrictive neighboring uses.

(4)

Landscaping will be provided, as reasonable or necessary, to cause the property to be more attractive, to better blend in with, and to be less visually objectionable to surrounding, more restrictively zoned properties.

(5)

Sufficient open space will be provided to create a buffer or transition area between the less and the more restrictive zones.

(6)

Sufficient and safe public street ingress and egress will be provided.

(7)

Sufficient drainage will be provided for surface water and stormwater runoff and drainage.

(8)

Such other safeguards as are reasonable or necessary in order to protect surrounding property, persons and neighborhood values will be provided, which safeguards shall be particularly described.

(Ord. No. 2023-27, § 1, 12-12-23)

The planning and zoning commission recommendation to the city council shall be accompanied by a site plan and such other documents as shall be reasonable or necessary to ensure that all requirements determined by the planning and zoning commission to be reasonable or necessary are met and to ensure that the findings of the planning and zoning commission are complied with.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

After receiving the planning and zoning commission recommendation, the city council may, after public hearing as provided for zoning changes, grant or deny a special use permit. A special use permit may be granted only if the city council makes the same findings as are required of the planning and zoning commission to be made under section 78-67.

(b)

Every special use permit granted by the city council shall be considered as an amendment to this chapter as applicable to such property. In granting a permit the city council may grant the permit for such limited period of time as the city council may decide and may impose conditions which shall be complied with by the grantee before a certificate of occupancy may be issued for such use of the building and improvements. Such conditions shall be conditions precedent to the granting of a certificate of occupancy. Any such special use permit shall be deemed to have expired within one year of the date of granting of the same, unless the premises are actually being used under the permit, provided that additional time may be granted on motion by the city council or provided in the permit at the time of the granting of the permit. Whenever the use for which the permit is granted is, for any reason, terminated, the permit shall be deemed to have expired.

(Ord. No. 2023-27, § 1, 12-12-23)

(a)

Whenever any motion or vote on a proposed special use permit has failed to receive a sufficient affirmative vote to be effective, unless some other action is taken by the city council at the meeting of the city council which has a sufficient affirmative vote to be effective, the proposed grant of a special use permit shall be deemed denied.

(b)

A special use permit shall not be issued to allow the placement of portable signs where prohibited by this chapter.

(Ord. No. 2023-27, § 1, 12-12-23)