Joshua City Zoning Code
ARTICLE 2
Administration
§ 2.1 Purpose and Intent.
No building or structure hereafter shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or structure be used or arranged for any purpose or manner other than those permitted within the assigned zoning districts and specific provisions of this Ordinance. This Article describes the organization and roles of review bodies under this Ordinance.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 2.2 Prior Approvals.
Nothing in this Ordinance shall be deemed to require any change to the plans, plats, lots or buildings that was previously approved prior to the effective date of this Ordinance, unless allowed by law.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 2.3 City Council.
2.3.1
POWERS AND DUTIES.
In addition to any authority granted to the City Council by state law, or other City Ordinance, the City Council may:
A.
Adopt, make modifications to, and implement the comprehensive plan and supporting studies;
B.
Amend, supplement, or change the regulations established in this Ordinance;
C.
Amend, supplement, or change the zoning district boundaries;
D.
Annex land into the corporate limits of the City according to Texas Local Government Code Chapter 43, as amended.
E.
Establish fees for processing development applications, zoning verification letters, zoning maps, or other applications required by this Article.
F.
Grant, deny, or impose conditions for a Conditional Use Permit consistent with the purposes stated in Section 3.2.
G.
Appoint and remove members of the Planning and Zoning Commission, and Zoning Board of Adjustment.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 2.4 Planning and Zoning Commission.
2.4.1
ESTABLISHMENT.
The Planning and Zoning Commission is established in accordance with the provisions of Chapter 211 of the Local Government Code.
2.4.2
POWERS AND DUTIES.
In addition to any authority granted to the Planning and Zoning Commission by state law, or other Ordinances of the City, the Planning and Zoning Commission may:
A.
Make recommendations to the City Council about adoption, modification, and implementation of the comprehensive plan and supporting studies;
B.
Make recommendations to the City Council concerning amendments to this Ordinance and the creation or modification of zoning districts;
C.
Make recommendations to the City Council concerning the rezoning of land and approval of certain applications specified in this Ordinance;
D.
Make recommendations to the City Council about adopting or amending the Comprehensive Plan, and the Thoroughfare Master Plan;
E.
Consider and report to the City Council about new public ways, lands, buildings, bridges, extensions, or street openings and their relation to the comprehensive plan;
F.
Conduct related business and make other recommendations on matters that are specifically requested, assigned, or required by the City Council or Zoning Administrator.
2.4.3
MEMBERSHIP AND APPOINTMENT.
A.
Membership:
The Planning and Zoning Commission shall consist of seven (7) members. Each member shall reside in the City of Joshua, Texas, and shall have qualifications as determined by the City Council. All members shall serve without pay and until their successor is duly appointed and qualified.
B.
Appointment and Removal:
The City Council shall appoint the Planning and Zoning Commission. Each of the seven (7) seats for the Planning and Zoning Commission shall serve at the will and pleasure of the City Council and may be removed by the City Council. Any member who misses three successive meetings without commission authorization is deemed to have resigned. The City Council may appoint two (2) alternate members of the Planning and Zoning Commission who shall serve in the absence of one or more of the regular members when requested to do so by the Chairperson of the Planning and Zoning Commission so that all matters shall be heard by a minimum of four (4) Planning and Zoning Commission members.
C.
Each Commissioner shall be appointed for a two-(2) year term beginning October 1st. No members shall serve for more than four (4) consecutive terms or eight (8) years (whichever is less).
D.
Officers:
The members of the Planning and Zoning Commission shall organize and elect their own officers of a Chairperson and Vice-Chairperson, who will serve one (1) year terms.
E.
Vacancies:
The City Council shall fill any vacancies for the unexpired term. The appointment procedure for vacancies is the same as for an original appointment.
2.4.4
MEETINGS, HEARINGS, AND PROCEDURES.
A.
All meetings and hearings of the Planning and Zoning Commission are subject to state laws governing open meetings.
B.
The Planning and Zoning Commission is authorized to conduct public hearings jointly with the City Council or separately as a Planning and Zoning Commission as deemed necessary and as allowed by law.
C.
A member of the Planning and Zoning Commission shall abstain from voting whenever:
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)
§ 2.5 Zoning Board of Adjustment.
2.5.1
ESTABLISHMENT.
A Zoning Board of Adjustment is established in accordance with the provisions of Chapter 211 of the Local Government Code.
2.5.2
BOARD ACTION.
A.
The Zoning Board of Adjustment may:
1.
Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official that is not related to a specific application, address or project in the enforcement of state law regarding zoning or this Ordinance;
2.
Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official that is related to a specific application, address, or project by the following persons:
a.
A person who filed the application that is the subject of the decision;
b.
A person that is the owner or representative of the owner of the property that is the subject of the decision; or,
c.
A person that is aggrieved by the decision and is the owner of real property within two hundred (200) feet of the property that is the subject of the decision, or;
d.
Any officer, department, board, or bureau of the municipality affected by the decision.
3.
Hear and decide Special Exceptions to the terms of a Zoning Ordinance when the Ordinance requires the Zoning Board of Adjustment to do so;
4.
Authorize in specific cases a variance from the terms of a Zoning Ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the Zoning Ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. A hardship may not be financial in nature;
5.
Hear and decide matters relating to nonconforming uses as set forth herein; and
6.
Hear and decide other matters authorized by an Ordinance adopted under state law.
B.
In exercising its authority under Subsection A.1, the Zoning Board of Adjustment 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 Zoning Board of Adjustment has the same authority as the administrative official. The Zoning Board of Adjustment’s decision shall be deemed filed in the City Secretary’s Office on the first business day following the date on which action was taken by the Zoning Board of Adjustment.
C.
The concurring vote of seventy-five (75) percent of the members of the Zoning Board of Adjustment is necessary to:
2.5.3
MEMBERSHIP.
A.
Appointment.
1.
For the purposes of this Section, except as otherwise indicated, the terms “member” and “alternate” are synonymous.
2.
The Zoning Board of Adjustment consists of five (5) members and up to two (2) alternates, each to be appointed by the City Council for a term of two (2) years. Alternates shall serve in the absence of one or more of the regular members when requested to do so by the Chairperson, so that all cases to be heard by the Zoning Board of Adjustment will always be heard by a minimum number of four (4) members. Vacancies are filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Each member reappointed or each new appointee must serve for a full term of two (2) years unless removed as provided below.
B.
Terms of Office.
1.
Each Zoning Board of Adjustment member and alternate member shall serve for a term of two (2) years. The terms of three (3) of the members, and one (1) alternate member shall begin on October 1st of each odd-numbered year, and the terms of two (2) of the members and the other alternate member shall begin on October 1st of each even-numbered year.
2.
The members of the Zoning Board of Adjustment shall be identified by place numbers one through five. The odd-numbered places shall expire in the odd-numbered years; the even-numbered places shall expire in the even-numbered years.
3.
No members shall serve for more than four (4) consecutive terms or eight (8) years (whichever is less).
C.
Removal.
1.
Members of the Zoning Board of Adjustment or alternate members may be removed from office by the City Council for cause upon written charges and after public hearing. Cause for removal shall include missing more than two (2) consecutive meetings or three (3) meetings in any one (1) 12 month period or such other misconduct as the City Council may define by resolution.
2.5.4
PROCEEDINGS.
A.
Meetings.
1.
The Zoning Board of Adjustment shall hold an organizational meeting on the second Thursday in November of each year and shall elect officers from among its members before proceeding to any other matters of business.
2.
Meetings shall be held at the call of the Chairperson and at such other times as the Zoning Board of Adjustment may determine.
3.
All meetings shall be open to the public except for purposes as permitted by the Texas Open Meetings Act.
B.
Minutes.
The Zoning Board of Adjustment 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 shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the City Secretary the next business day following the action taken by the Zoning Board of Adjustment. The City Secretary’s office is designated as the office of the Zoning Board of Adjustment.
C.
Rules.
The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs which shall conform with the provisions of this Ordinance and state statutes. The rules shall not become effective unless the Zoning Board of Adjustment has furnished a copy of the rules to the City Manager.
D.
Quorum.
A quorum for the conduct of business shall consist of four (4) members of the Zoning Board of Adjustment.
E.
Attendance.
The members of the Zoning Board of Adjustment shall regularly attend meetings and public hearings of the Zoning Board of Adjustment and shall serve without compensation.
2.5.5
VOTING.
A.
Votes required.
The concurring vote of four (4) members of the Zoning Board of Adjustment is necessary to reverse an order, requirement, decision or determination of an administrative official; decide in favor of an applicant on a matter on which the Zoning Board of Adjustment is required to pass; or authorize a variance from the provisions of this Ordinance.
B.
Disqualification from voting.
1.
A member of the Zoning Board of Adjustment shall abstain from voting whenever he finds that he or she has a personal or monetary interest in the property under appeal, or that he or she will be directly affected by the decision of the Zoning Board of Adjustment; or as otherwise required by the Texas Local Government Code, as amended.
2.
A member may disqualify himself or herself from voting whenever any applicant, or the applicant’s agent, has sought to influence the vote of the member on the appeal, other than in the public hearing.
2.5.6
OFFICERS.
A.
The Zoning Board of Adjustment members shall select a chairman and vice-chairman from among its members.
B.
Duties of the officers of the Zoning Board of Adjustment shall be as follows:
1.
The chair shall preside at all meetings and may administer oaths and compel the attendance of witnesses, and shall have the same subpoena powers as the municipal judge.
2.
The vice-chair shall assist the chair in directing the affairs of the Zoning Board of Adjustment and act in the absence of the chair.
C.
Officers will serve for a term of one (1) year or until their successors are appointed.
2.5.7
OTHER POWERS OF THE ZONING BOARD OF ADJUSTMENT.
A.
Railroads.
The Zoning Board of Adjustment may permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the comprehensive plan and present no conflict or nuisance to adjacent properties.
B.
Utility Structures.
The Zoning Board of Adjustment may permit a public utility structure in any district, or a public utility building of a ground area and of a height at variance with those provided for in the district in which such public utility building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
C.
Regulations Affecting Two Lots.
The Zoning Board of Adjustment may grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this Article.
D.
Regulations Regarding Parking.
The Zoning Board of Adjustment may waive or reduce the parking and loading requirements in any of the districts, when: (1) the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (2) when such regulations would impose an unreasonable hardship upon the use of the lot. The board shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 819-2021 adopted 8/19/21)