Jourdanton City Zoning Code
SECTION 4
00 ADMINISTRATION AND ENFORCEMENT
§ 4.01 ADMINISTRATION AND ENFORCEMENT.
§ 4.02 AMENDMENTS.
(A)
(B)
Process
(1)
Before Planning and Zoning Commission:
(a)
An application for a change in zoning classification shall, after consultation with the zoning administrator, include any accompanying information and the nonrefundable filing fee in an amount established by the City Council be submitted by the applicant.
(b)
The zoning administrator shall review the application for completeness with this Ordinance. Within ten (10) business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance. The written notice shall include the date the application will expire if the necessary documents or other information is not provided. Zoning change applications will expire within 45 days of the date the application is delivered to the City or sent to the City by certified mail if the applicant fills to provide the specified documents or other information required in the written notice to the applicant.
(c)
The zoning administrator shall have a map prepared to an appropriate scale which shall show the owner of each tract within the area to be rezoned as well as the current and the proposed zoning district or districts of each tract.
(d)
The zoning administrator shall verify with the agent of the several owners that the map is correct with respect to ownership and zoning district requested or with the mayor and/or commission chairman, as appropriate, as to delineation of the zoning districts shown thereon.
(2)
Notice.
The zoning administrator shall then initiate the following actions:
(a)
In an application for a change in zoning classification, the preparation of a list, using a current tax appraisal map and the current city tax roll, of all owners of any property within the area to be considered for rezoning and within two hundred (200) feet of such area.
(b)
Determination of the date of the next meeting of the commission, not less than three (3) full weeks and not more than seven (7) full weeks from the date of the application, place such request on the agenda of the commission, and schedule a public hearing thereon.
(c)
Mailing a letter to each of the property owners as above and including the applicant, stating the purpose of the request, street address of the property for which rezoning is requested, date, time and place of the public hearing before the commission, and that comments about the request must be made in writing or verbally before the commission. The notification letters deposited at the post office as ordinary mail not less than ten (10) days prior to the meeting of the commission shall constitute constructive notice.
(d)
Whether for an application for a change in zoning classification or otherwise amending this ordinance, notice of a public hearing before the Commission to consider a proposed variance, proposed zoning classification change or a proposed general amendment to this Ordinance shall be published in an official newspaper of general circulation in Jourdanton at least 15 days prior to the date set for the hearing. The notice shall state the time and place of the hearing and contain a description of the matter to be considered.
(3)
The city staff shall prepare a statement for presentation at the public hearing before the commission. The statement shall contain at a minimum:
(4)
Commission Action.
(a)
The commission shall hold a public hearing pertaining to the rezoning request and shall receive comment in writing or verbally.
(b)
The commission shall consider the staff statement.
(c)
The commission shall recommend in writing to the council that the rezoning request should be approved, approved with modification, or denied.
(5)
Council Action.
(a)
Hearing.
The Council shall hold at least one public hearing on all proposed variances, zoning classification changes and general amendments to this Ordinance before acting thereon.
(b)
Notice.
Notice of a public hearing before the Council to consider a proposed variance, proposed zoning classification change or a proposed general amendment to this Ordinance shall be published in an official newspaper of general circulation in Jourdanton at least 15 days prior to the date set for the hearing. The notice shall state the time and place of the hearing and contain a description of the matter to be considered.
(c)
Special considerations.
A change of zoning classification proposed by the owner of the parcel affected may be enacted, even though the proposed change does not conform to the future land use map in the comprehensive plan of the city, provided that the Council finds that significant and unanticipated changes have occurred in the area of the affected parcel since the classification on the future land use map was adopted which make it unlikely that the parcel can be developed or used for any use allowed under the zoning classification indicated for the parcel in the plan and, provided further, that the Council finds that the requested zoning classification is the most appropriate classification for the area affected.
(d)
Protest by adjacent property owners.
If a written protest is submitted against a proposed change of zoning classification signed by all the owners of 20% or more either of the area of the lots or land included in the proposed change, or of the lots of land immediately adjoining the same and extending 200 feet therefrom, the change of zoning classification shall not become effective except by the favorable vote of three-fourths of all the members of the Council.
(e)
Consideration.
The Council shall approve, approve with the modification, or deny the request.
(f)
Subsequent Actions.
The zoning administrator shall have the Official Zoning Map amended.
(C)
No applications for a change of zoning classification shall be accepted if an application for a similar zoning change on the same property has been denied by the City Council within the preceding 12-month period.
(Ordinance 484 adopted 2/18/08)
§ 4.03 VARIANCES.
(A)
The Council shall serve as the Zoning Board of Adjustment and may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the Council 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 in the proposed use, and the probable effect [of] the variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.
(B)
A variance is an appeal by the applicant that a grant of relief be made from a specific requirement of the zoning regulations because of a peculiar condition existing within or adjacent to a specific tract or structure located thereon. Such variances are allowed where, owing to special conditions, a literal enforcement of the provision of the zoning regulations or of the building codes would result in exceptional difficulties or hardships upon the owner of the property. In deciding the variance petition, the council shall apply the following criteria:
(1)
There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land subject to the variance petition, such that the strict application of the provisions of this Code to the development application would create an unnecessary hardship or inequity upon or for the petitioner, as distinguished from a mere inconvenience, in developing the land or deprive the petitioner of the reasonable and beneficial use of the land;
(2)
The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the petitioner’s land;
(3)
The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(4)
Granting the variance petition will not be detrimental to the public health, safety or welfare, or injurious to other property within the area;
(5)
Granting the variance petition will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Code, or adversely affect the rights of owners or residents or surrounding property;
(6)
The hardship or inequity suffered by petitioner is not self-induced;
(7)
The request for a variance is not based exclusively upon a desire from the petitioner for increased financial gain from the property, or to reduce an existing financial hardship; and
(8)
The degree of variance requested is the minimum amount necessary to meet the needs of petitioner and to satisfy the standards in this Ordinance.
The variance shall not permit a use for other than uses specifically authorized for the district within which the property is located. |
(C)
An application for a variance shall be made in writing in a form prescribed by the City Council and shall be accompanied by a site plan and additional information as may be requested in order to properly review the application. The information may include, but is not limited to, plat plans, site building plans and contour maps.
(D)
After consultation with the city staff, the application, accompanying information, and the nonrefundable filing fee, in an amount established by the City Council, shall be submitted.
(1)
The Zoning Administrator or a duly appointed city official shall visit the site where the proposed variance will apply and the surrounding area and shall report his findings to the City Council.
(2)
The Council shall review each application at a public hearing within 45 days of application.
(3)
The Council shall not grant a variance unless it finds, based on competent evidence, that each of the conditions in division (B) above has been established. The burden of establishing conditions is on the applicant.
(4)
The Council may impose conditions, limitations and safeguards as it deems appropriate upon the grant of any variance. Violation of any condition, limitation or safeguard shall constitute a violation of this Ordinance.
(5)
Any rights authorized by a variance which are not exercised within one year from the date of granting the variance shall lapse and may be reestablished only after application and a new hearing pursuant to this Ordinance.
(Ordinance 484 adopted 2/18/08)
§ 4.04 SPECIAL USE PERMITS.
(A)
(1)
No special use shall be established, operated or maintained, except as authorized by a special use permit issued in accordance with the requirements of this Ordinance.
(2)
A special use permit may be issued only for the special uses specified in the district in which it is authorized, or for a temporary use which is not allowed in any district. A special use permit may be issued by the City Council acting after a properly noticed public hearing.
(3)
An application for a special use permit shall be made in writing, and shall be accompanied by a site plan as defined by this Ordinance in order to analyze properly the proposed use. For commercial and industrial uses requiring a special use permit, detailed building plans and operational data are also required.
(4)
The City Planner or other authorized city official shall visit the site where the proposed special use permit will apply and shall report his findings to the City Council.
(B)
A proposed special use permit must comply with all the following criteria:
(1)
The appearance, size, density and operating characteristics of the neighborhood and uses;
(2)
The proposed use will not have an adverse effect on the value of surrounding properties nor impede their proper development;
(3)
The proposed use will neither create a nuisance nor otherwise interfere with a neighbor’s enjoyment of his property or operation of his business;
(4)
The traffic that the proposed use can reasonably be expected to generate on existing streets will not create nor add significantly to congestion, a safety hazard or a parking problem in the area, nor will it disturb the peace and quiet of the neighborhood; and
(5)
The proposed use complies with all other applicable ordinances and regulations.
(Ordinance 484 adopted 2/18/08)
§ 4.05 STOP WORK ORDERS.
(A)
The City Inspector or another duly authorized city official may order all works, including site clearing or other site preparation, stopped on any site where a significant violation of this Ordinance or a final site plan is found. Any person, including a workman on the site, who fails to comply with a stop work order shall be guilty of a misdemeanor punishable as provided in the penalty section thereof.
(B)
If the Council finds, after notice and hearing, that a significant violation of an approved final site plan has occurred, the Council may revoke its approval of the site plan. It shall be unlawful for any person to do any work on the site covered by the site plan unless and until a new application for site plan approval has been filed and processed in accordance with the provisions of this Ordinance and the Council grants approval to a new final site plan which corrects the violations of the original site plan.
(C)
Any structure erected or used, or any work done, contrary to any of the provisions of this Ordinance or to any of the details contained in the final site plan approved by the City Council is hereby declared to be unlawful and shall constitute a violation of this Ordinance. The Council may direct the City Attorney to initiate injunction, mandamus, abatement or any other action available in law or equity to prevent, enjoin, abate, correct or remove the unlawful structure, use or work.
(Ordinance 484 adopted 2/18/08)
§ 4.06 FEES.
(A)
All applications and submissions required by this Ordinance are to be accompanied by fees and costs as may be required pursuant to the schedule of fees as may be adopted and amended from time to time by resolution of the Council.
(B)
These fees are not mutually exclusive. The full amount of the fee for each type of application shall be charged. The fee for a variance request may be waived by the Council for those cases, such as existing undersized lots, in which the strict application of the development standards for the applicable zoning district would render the property unusable. For mixed use projects, fees shall be prorated in accordance with the acreage devoted to each use.
(Ordinance 484 adopted 2/18/08)
§ 4.07 PENALTY.
Any Person, firm or Corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not more than $2,000.00; each day such violation continues shall constitute a separate offense.
(Ordinance 484 adopted 2/18/08)