Justin City Zoning Code

ARTICLE II

- ADMINISTRATION, APPEALS, ENFORCEMENT, AND REVIEW

Sec. 52-201. - Planning and zoning commission.

(a)

Establishment. The city has created a planning and zoning commission in accordance with V.T.C.A., Local Government Code, Chapters 211 and 212, where the responsibilities and duties of the commission are prescribed. The commission can create and update its own rules and guidelines as needed.

(b)

Membership.

Planning and Zoning Commission Membership, Officers, Meeting, and Quorum

Number of Commissioners	• Seven members • Two Alternates
Appointments	• City council
Terms	• Two years beginning on January 1
Place Numbers	• Assigned numbers 1-7
Expiration of Terms	• Commissioners with odd number appointment ◦ Expire December 31 of odd numbered years. • Commissioners with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The city council may remove a member at any time.
Vacancy	• The city council shall appoint a successor in accordance with current city policy for boards and commissions.
Chair and Vice-Chair	• Commission shall select a chair and vice-chair each October. • If an officer's seat is vacated, the commission shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Type, Date and Time	• Public Meeting • Third Tuesday of each month • 6:30 p.m.
Quorum	• Four members must be present.

(c)

Powers and duties. The planning and zoning commission shall have the following powers and duties:

(1)

The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district.

(2)

The commission shall make a preliminary report with a recommendation to the city council on all rezoning requests.

(3)

The commission shall make a preliminary report with a recommendation to the city council on all final plat requests that involve a deviation from subdivision standards.

(4)

The commission shall provide policy recommendations regarding land use and comprehensive planning.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-202. - Board of adjustment.

(a)

Establishment. A board of adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code, Chapter 211.

(b)

Membership. The board of adjustment shall consist of five members of the community. The city council shall also appoint two alternate members of the board of adjustment who shall serve in the absence of one or more regular members when requested to do so by the mayor, chairperson of the board, or city manager. All cases to be heard by the board of adjustment must be heard by a minimum of four members. Alternate members shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal the same as the regular members.

The board 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 immediately filed in the office of the board by resolution in which four members must concur. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of this chapter and shall furnish a copy of the same to the building inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

Board of Adjustment Membership, Officers, Meeting, and Quorum

Number of Members	• Five members • Two alternates
Appointments	• City council
Terms	• Two years
Place Numbers	• Assigned numbers 1-5
Expiration of Terms	• Board members with odd number appointment ◦ Expire December 31 of odd numbered years. • Board members with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The City council may remove a board member for cause on a written charge after a public hearing.
Vacancy	• A vacancy on the board shall be filled for the unexpired term by City council.
Chair and Vice-Chair	• Board shall select a chair and vice-chair each October. • If an officer's seat is vacated, the board shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Date and Time	• Public Hearing • Meetings of the board shall be held at the call of the chairman and at such times as the board may determine.
Quorum	• Four members must be present.
Decisions	• The concurring vote of 75 percent of the members of the board 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 board is required to pass under a zoning ordinance; or ◦ Authorize a variation from the terms of a zoning ordinance.

(c)

Powers and duties. The board of adjustment may:

Board of Adjustment Powers and Duties

Appeals Based on Error	• 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 chapter or an ordinance adopted under this chapter.
Special Exceptions	• They can allow public utilities or services, like electricity or water, to be built in areas where they normally wouldn't be allowed if it's necessary for the community's well-being. • They can let a property extend its use, height, or size into the next zone if the property was split by the zoning boundary when the rules were first made. • If a building that doesn't fit the current zoning rules is mostly destroyed by something like a fire or natural disaster, they can approve its rebuild if it's essential for the community and not just to keep a business monopoly. • They can lessen the number of parking or loading spots required for a building if it's proven that the full amount isn't needed, or if following the rules would be too difficult without really benefiting anyone. • They can decide how to classify a property's use if it's not clearly defined in the rules. • Grant any other additional special exception set forth in this chapter.
Variances	• Grant a variance in certain cases from the zoning ordinance when it is not against public interest, and when strict enforcement would cause undue hardship due to unique circumstances, ensuring the ordinance's intent is honored and fairness is maintained. • When deciding on variances, the board may deem the following situations as justification for hardship that would make following the ordinance unreasonable: ◦ If obeying the ordinance costs more than half the structure's appraised value, according to the latest city-approved appraisal; ◦ If following the rules would take away at least one-fourth of the usable space on the property for development; ◦ If adherence would make the structure violate another city law, building code, or regulation; ◦ If compliance would unreasonably interfere with neighboring property or rights-of-way; or ◦ If the structure is already noncompliant with current standards.
Miscellaneous	• Hear and decide other matters authorized by an ordinance adopted under this chapter.
Limitations	• The board shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. • The board may not change the district designation of any land either to a more restrictive or less restrictive zone.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-203. - Appeal of a city official.

If you disagree with a city official's application of the zoning or building codes to your property, you have the right to challenge this decision. Here's how you can do it:

(1)

If your issue is with a building code requirement, you can take your appeal to the zoning board of adjustments, the planning and zoning commission, or even the city council.

(2)

If your issue is with a zoning ordinance requirement, you should also direct your appeal to the zoning board of adjustment, the planning and zoning commission, or the city council.

(3)

When you file your appeal, you need to clearly state which part of the code you believe was wrongly applied to your case, specifically mentioning any violation of section 52-330. Your appeal will be handled according to the rules set by the board or council you've chosen to hear your case.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-204. - Appeals process.

Appeals Process—Board of Adjustment

Procedure	If you disagree with a decision made by the city's departments or boards, you have the right to appeal to the board of adjustment. This means you can ask for a review of the decision if you feel it was unfair or incorrect. To do this, you must submit a written appeal to the board's office. Your appeal must clearly state why you disagree with the decision, and it must be submitted within 20 days after the decision was made. Once you file your appeal, the department that made the original decision must immediately provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your appeal.
Stay of Proceedings	If you disagree with a zoning decision, you can file an appeal. This appeal stops all related actions until a final decision is made. However, if the building inspector believes that not continuing with the action could be dangerous to people or property, they can issue a certificate stating this. If such a certificate is issued, the actions will not stop unless the board of adjustment or a court decides to issue a restraining order. This would only happen after the office that made the original decision is notified and there is a good reason for the restraining order.
Notice of Hearing on Appeal	The board is required to set a hearing date within 30 days of receiving an appeal or related issue. They must then send out hearing notices to the person who filed the appeal, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the appeal within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. The board has the authority to change, confirm, or partially adjust the initial decision or requirement that was appealed. They can make any decision that they believe is right for the situation, and they have the same abilities as the office or department that originally made the decision or requirement.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-205. - Variance process.

Variance Process—Board of Adjustment

Procedure	If a literal enforcement of a specific term of the zoning ordinance would result in an unnecessary hardship, you have the right to apply to the board of adjustment. This means you can ask for a variance of that specific term under certain criteria which is not contrary to the public interest, is due to special circumstance, and so that the spirit of the ordinance is observed, and substantial justice is done. To do this, you must submit a written application with supporting documents, and the established fee to the board's office. Your application must clearly state why your situation fits the hardship criteria. Once you file your application, the zoning administrator must provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your application.
Notice of Hearing on Appeal	The board is required to set a hearing date on the next scheduled meeting of receiving an application or related issue. They must then send out hearing notices to the person who filed the application, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the variance within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. All variance processes must be in compliance with Local Government Code Chapter 211.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-206. - Amendments to zoning board of adjustments procedures.

This section outlines the rules for making changes to the procedures of the zoning board of adjustments:

(1)

Any new rules or changes to existing rules of the zoning board of adjustments that are made on or after September 1, 2019, need to be approved by the city council.

(2)

If someone wants to challenge a decision made by a city official about zoning issues on or after September 1, 2019, the following guidelines must be followed:

If the decision being challenged does not concern a specific property, application, or project, then any person who is negatively affected by the decision, or any city officer, department, board, or bureau that is impacted, can file an appeal.

If the decision being challenged is about a specific property, application, or project, then the following parties can file an appeal:

The person or group who submitted the application.

The owner of the property in question, or their authorized representative.

Any person who owns property within 200 feet of the property in question and feels harmed by the decision.

Any city officer, department, board, or bureau that is impacted by the decision.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-207. - Administration and enforcement.

(a)

The director of planning is responsible for implementing this chapter of the zoning ordinance, unless the city council assigns someone else. This person will make sure the rules are followed, with help from others if the city council agrees. If the building inspector notices any rules being broken, they will inform the person doing so in writing, explain what's wrong, and tell them how to fix it. They will ask for illegal activities to stop, such as using land or buildings wrongly, or making changes to buildings that aren't allowed. They can also take other steps to make sure everyone follows the rules.

(b)

For the purposes of this chapter, the administrative official will be the heads of city departments. They will be given their duties by the mayor and city council regarding this chapter.

(c)

The director of planning shall have the authority to provide minor modifications of up to ten percent of a numerical adjustment to setbacks, height, parking, landscaping, open space, lot coverage or other development standard within article four based on unusual circumstances such as lot shape, topographic challenges, or preservation of mature trees.

(d)

Director of planning shall have the authority to provide minor modifications of up to ten percent of a numerical adjustment to setbacks, height, parking, landscaping, open space, lot coverage or other development standard within article four on an incentive basis if applicant is providing additional landscape from the approved tree and shrub list. Additional landscape shall be defined as one additional tree (in addition to standard requirements) per 3,000 square feet of total lot area or six additional shrubs (in addition to standard requirements) per 3,000 square feet of total lot area.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-208. - Prohibitions on enforcement.

(a)

City officials designated to enforce zoning and building codes must not:

(1)

Prevent or restrict the use or installation of any building product or material in construction, if it is approved by a model code from the last three code cycles relevant to building construction, renovation, maintenance, or alteration; or

(2)

Apply a construction standard for any building product, material, or design that is stricter than the national model code standards from the last three code cycles for construction, renovation, maintenance, or alteration of residential or commercial buildings;

(3)

If an applicant wishes to use a building material, product, or design in the construction or alteration of a building that is not allowed or is restricted by the city's current zoning or building codes, or is less strict than the city's codes, they must point out each part of the national model code from the last three code cycles that permits such use as part of their application.

(4)

An applicant can choose to use a building material, product, or design in the construction or alteration of a building by agreeing in writing, even if it is not enforceable under subsection (1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-209. - Exemptions for ordinances, requirements, and programs.

Certain rules in section 52-207 of the UDC are not applicable to the city's other laws and programs. This means that the city's officials who oversee zoning and building regulations will enforce all the rules and standards set by these other laws and programs. This includes any current or future laws or programs that the city adopts. The following are exceptions to the prohibitions:

(1)

Changes to the building code that address local issues, as long as they do not conflict with specific subsections 52-207(a) or (b) of the UDC.

(2)

Programs created by state agencies that set specific standards or offer incentives or financial arrangements to meet state or federal funding requirements or housing programs.

(3)

Building requirements necessary for eligibility for windstorm and hail insurance coverage as per the Texas Insurance Code Chapter 2210.

(4)

Laws or regulations concerning outdoor lighting designed to reduce light pollution, which are either:

Adopted by a body recognized as a Dark Sky Community by the International Dark Sky Association, or

Relevant to outdoor lighting within five miles of a military base with active training programs.

(5)

Laws governing outdoor lighting enacted under certain chapters of the V.T.C.A., Local Government Code, Subchapter B, Chapter 229, or under V.T.C.A., Local Government Code, Subchapter B, Chapter 240.

(6)

The installation of fire sprinkler systems as required by specific sections of the V.T.C.A., Occupation Codes, § 1301.551(i), or the V.T.C.A., Health and Safety Code, § 775.045(a)(1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-210. - Exemptions for buildings.

The prohibitions in section 52-207 do not apply to the following buildings, and the officials responsible for enforcement of the city's zoning ordinance and building codes, as designated by ordinance or other authorization, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent.

(1)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance as adopted by the city council prior to April 1, 2019.

(2)

A building located in a zoning district designated by the city council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by section 52-207, including the following zoning districts and any district that may hereafter be created by the city council for its historical, cultural, or architectural importance and significance;

(3)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance that the city may regulate under V.T.C.A., Local Government Code, § 211.003(b), if the city is a certified local government under the National Historic Preservation Act (54 U.S.C. § 300101 et seq.); or has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission.

(4)

A building located in an area designated as a historic district on the National Register of Historic Places;

(5)

A building designated as a Recorded Texas Historic Landmark, such as Bishop Park and Justin Cemetery designated landmark sites;

(6)

A building designated as a state archeological landmark or state antiquities landmark;

(7)

A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(8)

A building located in a World Heritage Buffer Zone; and

(9)

A building located in an area designated for development, restoration, or preservation in a main street town or city established under V.T.C.A., Local Government Code, § 442.014.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-211. - Zoning amendments.

(a)

Authority. The city council has the power to modify, add, or remove zoning district boundaries or rules as needed, according to the Local Government Code Chapter 211.

(b)

Review by planning and zoning commission. Any proposed changes must be reviewed by the planning and zoning commission before the city council can decide on proposed changes. The commission will examine the changes and give their advice and report to the city council.

(c)

Public hearing. The planning and zoning commission will conduct a public hearing before making any recommendations to the city council about the changes. Property owners within 200 feet of the affected area will receive a written notice at least ten days before the hearing. Additionally, a notice will be published in a local newspaper at least 15 days before the city council's hearing, detailing the time and place.

(d)

Objections. If the planning and zoning commission rejects the changes, or if property owners representing at least 20 percent of the neighboring area object, the changes can only be approved with a three-fourths majority vote from the city council members.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Justin City Zoning Code

ARTICLE II

- ADMINISTRATION, APPEALS, ENFORCEMENT, AND REVIEW

Sec. 52-201. - Planning and zoning commission.

(a)

(b)

Membership.

Planning and Zoning Commission Membership, Officers, Meeting, and Quorum

Number of Commissioners	• Seven members • Two Alternates
Appointments	• City council
Terms	• Two years beginning on January 1
Place Numbers	• Assigned numbers 1-7
Expiration of Terms	• Commissioners with odd number appointment ◦ Expire December 31 of odd numbered years. • Commissioners with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The city council may remove a member at any time.
Vacancy	• The city council shall appoint a successor in accordance with current city policy for boards and commissions.
Chair and Vice-Chair	• Commission shall select a chair and vice-chair each October. • If an officer's seat is vacated, the commission shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Type, Date and Time	• Public Meeting • Third Tuesday of each month • 6:30 p.m.
Quorum	• Four members must be present.

(c)

Powers and duties. The planning and zoning commission shall have the following powers and duties:

(1)

The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district.

(2)

The commission shall make a preliminary report with a recommendation to the city council on all rezoning requests.

(3)

The commission shall make a preliminary report with a recommendation to the city council on all final plat requests that involve a deviation from subdivision standards.

(4)

The commission shall provide policy recommendations regarding land use and comprehensive planning.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-202. - Board of adjustment.

(a)

Establishment. A board of adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code, Chapter 211.

(b)

Board of Adjustment Membership, Officers, Meeting, and Quorum

Number of Members	• Five members • Two alternates
Appointments	• City council
Terms	• Two years
Place Numbers	• Assigned numbers 1-5
Expiration of Terms	• Board members with odd number appointment ◦ Expire December 31 of odd numbered years. • Board members with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The City council may remove a board member for cause on a written charge after a public hearing.
Vacancy	• A vacancy on the board shall be filled for the unexpired term by City council.
Chair and Vice-Chair	• Board shall select a chair and vice-chair each October. • If an officer's seat is vacated, the board shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Date and Time	• Public Hearing • Meetings of the board shall be held at the call of the chairman and at such times as the board may determine.
Quorum	• Four members must be present.
Decisions	• The concurring vote of 75 percent of the members of the board 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 board is required to pass under a zoning ordinance; or ◦ Authorize a variation from the terms of a zoning ordinance.

(c)

Powers and duties. The board of adjustment may:

Board of Adjustment Powers and Duties

Appeals Based on Error	• 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 chapter or an ordinance adopted under this chapter.
Special Exceptions	• They can allow public utilities or services, like electricity or water, to be built in areas where they normally wouldn't be allowed if it's necessary for the community's well-being. • They can let a property extend its use, height, or size into the next zone if the property was split by the zoning boundary when the rules were first made. • If a building that doesn't fit the current zoning rules is mostly destroyed by something like a fire or natural disaster, they can approve its rebuild if it's essential for the community and not just to keep a business monopoly. • They can lessen the number of parking or loading spots required for a building if it's proven that the full amount isn't needed, or if following the rules would be too difficult without really benefiting anyone. • They can decide how to classify a property's use if it's not clearly defined in the rules. • Grant any other additional special exception set forth in this chapter.
Variances	• Grant a variance in certain cases from the zoning ordinance when it is not against public interest, and when strict enforcement would cause undue hardship due to unique circumstances, ensuring the ordinance's intent is honored and fairness is maintained. • When deciding on variances, the board may deem the following situations as justification for hardship that would make following the ordinance unreasonable: ◦ If obeying the ordinance costs more than half the structure's appraised value, according to the latest city-approved appraisal; ◦ If following the rules would take away at least one-fourth of the usable space on the property for development; ◦ If adherence would make the structure violate another city law, building code, or regulation; ◦ If compliance would unreasonably interfere with neighboring property or rights-of-way; or ◦ If the structure is already noncompliant with current standards.
Miscellaneous	• Hear and decide other matters authorized by an ordinance adopted under this chapter.
Limitations	• The board shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. • The board may not change the district designation of any land either to a more restrictive or less restrictive zone.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-203. - Appeal of a city official.

If you disagree with a city official's application of the zoning or building codes to your property, you have the right to challenge this decision. Here's how you can do it:

(1)

If your issue is with a building code requirement, you can take your appeal to the zoning board of adjustments, the planning and zoning commission, or even the city council.

(2)

If your issue is with a zoning ordinance requirement, you should also direct your appeal to the zoning board of adjustment, the planning and zoning commission, or the city council.

(3)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-204. - Appeals process.

Appeals Process—Board of Adjustment

Procedure	If you disagree with a decision made by the city's departments or boards, you have the right to appeal to the board of adjustment. This means you can ask for a review of the decision if you feel it was unfair or incorrect. To do this, you must submit a written appeal to the board's office. Your appeal must clearly state why you disagree with the decision, and it must be submitted within 20 days after the decision was made. Once you file your appeal, the department that made the original decision must immediately provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your appeal.
Stay of Proceedings	If you disagree with a zoning decision, you can file an appeal. This appeal stops all related actions until a final decision is made. However, if the building inspector believes that not continuing with the action could be dangerous to people or property, they can issue a certificate stating this. If such a certificate is issued, the actions will not stop unless the board of adjustment or a court decides to issue a restraining order. This would only happen after the office that made the original decision is notified and there is a good reason for the restraining order.
Notice of Hearing on Appeal	The board is required to set a hearing date within 30 days of receiving an appeal or related issue. They must then send out hearing notices to the person who filed the appeal, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the appeal within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. The board has the authority to change, confirm, or partially adjust the initial decision or requirement that was appealed. They can make any decision that they believe is right for the situation, and they have the same abilities as the office or department that originally made the decision or requirement.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-205. - Variance process.

Variance Process—Board of Adjustment

Procedure	If a literal enforcement of a specific term of the zoning ordinance would result in an unnecessary hardship, you have the right to apply to the board of adjustment. This means you can ask for a variance of that specific term under certain criteria which is not contrary to the public interest, is due to special circumstance, and so that the spirit of the ordinance is observed, and substantial justice is done. To do this, you must submit a written application with supporting documents, and the established fee to the board's office. Your application must clearly state why your situation fits the hardship criteria. Once you file your application, the zoning administrator must provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your application.
Notice of Hearing on Appeal	The board is required to set a hearing date on the next scheduled meeting of receiving an application or related issue. They must then send out hearing notices to the person who filed the application, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the variance within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. All variance processes must be in compliance with Local Government Code Chapter 211.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-206. - Amendments to zoning board of adjustments procedures.

This section outlines the rules for making changes to the procedures of the zoning board of adjustments:

(1)

Any new rules or changes to existing rules of the zoning board of adjustments that are made on or after September 1, 2019, need to be approved by the city council.

(2)

If someone wants to challenge a decision made by a city official about zoning issues on or after September 1, 2019, the following guidelines must be followed:

If the decision being challenged is about a specific property, application, or project, then the following parties can file an appeal:

The person or group who submitted the application.

The owner of the property in question, or their authorized representative.

Any person who owns property within 200 feet of the property in question and feels harmed by the decision.

Any city officer, department, board, or bureau that is impacted by the decision.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-207. - Administration and enforcement.

(a)

(b)

For the purposes of this chapter, the administrative official will be the heads of city departments. They will be given their duties by the mayor and city council regarding this chapter.

(c)

(d)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-208. - Prohibitions on enforcement.

(a)

City officials designated to enforce zoning and building codes must not:

(1)

(2)

(3)

(4)

An applicant can choose to use a building material, product, or design in the construction or alteration of a building by agreeing in writing, even if it is not enforceable under subsection (1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-209. - Exemptions for ordinances, requirements, and programs.

(1)

Changes to the building code that address local issues, as long as they do not conflict with specific subsections 52-207(a) or (b) of the UDC.

(2)

Programs created by state agencies that set specific standards or offer incentives or financial arrangements to meet state or federal funding requirements or housing programs.

(3)

Building requirements necessary for eligibility for windstorm and hail insurance coverage as per the Texas Insurance Code Chapter 2210.

(4)

Laws or regulations concerning outdoor lighting designed to reduce light pollution, which are either:

Adopted by a body recognized as a Dark Sky Community by the International Dark Sky Association, or

Relevant to outdoor lighting within five miles of a military base with active training programs.

(5)

Laws governing outdoor lighting enacted under certain chapters of the V.T.C.A., Local Government Code, Subchapter B, Chapter 229, or under V.T.C.A., Local Government Code, Subchapter B, Chapter 240.

(6)

The installation of fire sprinkler systems as required by specific sections of the V.T.C.A., Occupation Codes, § 1301.551(i), or the V.T.C.A., Health and Safety Code, § 775.045(a)(1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-210. - Exemptions for buildings.

(1)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance as adopted by the city council prior to April 1, 2019.

(2)

(3)

(4)

A building located in an area designated as a historic district on the National Register of Historic Places;

(5)

A building designated as a Recorded Texas Historic Landmark, such as Bishop Park and Justin Cemetery designated landmark sites;

(6)

A building designated as a state archeological landmark or state antiquities landmark;

(7)

A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(8)

A building located in a World Heritage Buffer Zone; and

(9)

A building located in an area designated for development, restoration, or preservation in a main street town or city established under V.T.C.A., Local Government Code, § 442.014.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-211. - Zoning amendments.

(a)

Authority. The city council has the power to modify, add, or remove zoning district boundaries or rules as needed, according to the Local Government Code Chapter 211.

(b)

(c)

(d)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Justin City Zoning Code

ARTICLE II

- ADMINISTRATION, APPEALS, ENFORCEMENT, AND REVIEW

Sec. 52-201. - Planning and zoning commission.

(a)

(b)

Membership.

Planning and Zoning Commission Membership, Officers, Meeting, and Quorum

Number of Commissioners	• Seven members • Two Alternates
Appointments	• City council
Terms	• Two years beginning on January 1
Place Numbers	• Assigned numbers 1-7
Expiration of Terms	• Commissioners with odd number appointment ◦ Expire December 31 of odd numbered years. • Commissioners with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The city council may remove a member at any time.
Vacancy	• The city council shall appoint a successor in accordance with current city policy for boards and commissions.
Chair and Vice-Chair	• Commission shall select a chair and vice-chair each October. • If an officer's seat is vacated, the commission shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Type, Date and Time	• Public Meeting • Third Tuesday of each month • 6:30 p.m.
Quorum	• Four members must be present.

(c)

Powers and duties. The planning and zoning commission shall have the following powers and duties:

(1)

The commission shall recommend boundaries for the original zoning districts and appropriate zoning regulations for each district.

(2)

The commission shall make a preliminary report with a recommendation to the city council on all rezoning requests.

(3)

The commission shall make a preliminary report with a recommendation to the city council on all final plat requests that involve a deviation from subdivision standards.

(4)

The commission shall provide policy recommendations regarding land use and comprehensive planning.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-202. - Board of adjustment.

(a)

Establishment. A board of adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code, Chapter 211.

(b)

Board of Adjustment Membership, Officers, Meeting, and Quorum

Number of Members	• Five members • Two alternates
Appointments	• City council
Terms	• Two years
Place Numbers	• Assigned numbers 1-5
Expiration of Terms	• Board members with odd number appointment ◦ Expire December 31 of odd numbered years. • Board members with even number appointment ◦ Expire December 31 of even numbered years. • Notwithstanding the above, a commissioner may continue to perform the duties of the office of an expired term until such commissioner's successor is duly appointed.
Removal	• The City council may remove a board member for cause on a written charge after a public hearing.
Vacancy	• A vacancy on the board shall be filled for the unexpired term by City council.
Chair and Vice-Chair	• Board shall select a chair and vice-chair each October. • If an officer's seat is vacated, the board shall select a replacement at their next scheduled meeting.
Agenda and Minutes	• City staff are responsible for creating the agenda and minutes.
Meeting Date and Time	• Public Hearing • Meetings of the board shall be held at the call of the chairman and at such times as the board may determine.
Quorum	• Four members must be present.
Decisions	• The concurring vote of 75 percent of the members of the board 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 board is required to pass under a zoning ordinance; or ◦ Authorize a variation from the terms of a zoning ordinance.

(c)

Powers and duties. The board of adjustment may:

Board of Adjustment Powers and Duties

Appeals Based on Error	• 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 chapter or an ordinance adopted under this chapter.
Special Exceptions	• They can allow public utilities or services, like electricity or water, to be built in areas where they normally wouldn't be allowed if it's necessary for the community's well-being. • They can let a property extend its use, height, or size into the next zone if the property was split by the zoning boundary when the rules were first made. • If a building that doesn't fit the current zoning rules is mostly destroyed by something like a fire or natural disaster, they can approve its rebuild if it's essential for the community and not just to keep a business monopoly. • They can lessen the number of parking or loading spots required for a building if it's proven that the full amount isn't needed, or if following the rules would be too difficult without really benefiting anyone. • They can decide how to classify a property's use if it's not clearly defined in the rules. • Grant any other additional special exception set forth in this chapter.
Variances	• Grant a variance in certain cases from the zoning ordinance when it is not against public interest, and when strict enforcement would cause undue hardship due to unique circumstances, ensuring the ordinance's intent is honored and fairness is maintained. • When deciding on variances, the board may deem the following situations as justification for hardship that would make following the ordinance unreasonable: ◦ If obeying the ordinance costs more than half the structure's appraised value, according to the latest city-approved appraisal; ◦ If following the rules would take away at least one-fourth of the usable space on the property for development; ◦ If adherence would make the structure violate another city law, building code, or regulation; ◦ If compliance would unreasonably interfere with neighboring property or rights-of-way; or ◦ If the structure is already noncompliant with current standards.
Miscellaneous	• Hear and decide other matters authorized by an ordinance adopted under this chapter.
Limitations	• The board shall have no authority to change any provisions of this chapter, and its jurisdiction is limited to hardship and borderline cases which may arise from time to time. • The board may not change the district designation of any land either to a more restrictive or less restrictive zone.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-203. - Appeal of a city official.

If you disagree with a city official's application of the zoning or building codes to your property, you have the right to challenge this decision. Here's how you can do it:

(1)

If your issue is with a building code requirement, you can take your appeal to the zoning board of adjustments, the planning and zoning commission, or even the city council.

(2)

If your issue is with a zoning ordinance requirement, you should also direct your appeal to the zoning board of adjustment, the planning and zoning commission, or the city council.

(3)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-204. - Appeals process.

Appeals Process—Board of Adjustment

Procedure	If you disagree with a decision made by the city's departments or boards, you have the right to appeal to the board of adjustment. This means you can ask for a review of the decision if you feel it was unfair or incorrect. To do this, you must submit a written appeal to the board's office. Your appeal must clearly state why you disagree with the decision, and it must be submitted within 20 days after the decision was made. Once you file your appeal, the department that made the original decision must immediately provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your appeal.
Stay of Proceedings	If you disagree with a zoning decision, you can file an appeal. This appeal stops all related actions until a final decision is made. However, if the building inspector believes that not continuing with the action could be dangerous to people or property, they can issue a certificate stating this. If such a certificate is issued, the actions will not stop unless the board of adjustment or a court decides to issue a restraining order. This would only happen after the office that made the original decision is notified and there is a good reason for the restraining order.
Notice of Hearing on Appeal	The board is required to set a hearing date within 30 days of receiving an appeal or related issue. They must then send out hearing notices to the person who filed the appeal, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the appeal within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. The board has the authority to change, confirm, or partially adjust the initial decision or requirement that was appealed. They can make any decision that they believe is right for the situation, and they have the same abilities as the office or department that originally made the decision or requirement.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-205. - Variance process.

Variance Process—Board of Adjustment

Procedure	If a literal enforcement of a specific term of the zoning ordinance would result in an unnecessary hardship, you have the right to apply to the board of adjustment. This means you can ask for a variance of that specific term under certain criteria which is not contrary to the public interest, is due to special circumstance, and so that the spirit of the ordinance is observed, and substantial justice is done. To do this, you must submit a written application with supporting documents, and the established fee to the board's office. Your application must clearly state why your situation fits the hardship criteria. Once you file your application, the zoning administrator must provide the board of adjustment with all the documents related to the matter. This helps the board understand the case and make a fair judgment on your application.
Notice of Hearing on Appeal	The board is required to set a hearing date on the next scheduled meeting of receiving an application or related issue. They must then send out hearing notices to the person who filed the application, as well as property owners within 200 feet of the property in question. Additionally, any other individuals who may be impacted, as identified by the board based on the city's current tax records, will also receive a notice. Sending these notices through the mail is considered proper notification.
Decision by Board	The board is required to make a decision on the variance within 15 days after the hearing. At the hearing, anyone involved can attend, or they can have a representative or lawyer there on their behalf. All variance processes must be in compliance with Local Government Code Chapter 211.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-206. - Amendments to zoning board of adjustments procedures.

This section outlines the rules for making changes to the procedures of the zoning board of adjustments:

(1)

Any new rules or changes to existing rules of the zoning board of adjustments that are made on or after September 1, 2019, need to be approved by the city council.

(2)

If someone wants to challenge a decision made by a city official about zoning issues on or after September 1, 2019, the following guidelines must be followed:

If the decision being challenged is about a specific property, application, or project, then the following parties can file an appeal:

The person or group who submitted the application.

The owner of the property in question, or their authorized representative.

Any person who owns property within 200 feet of the property in question and feels harmed by the decision.

Any city officer, department, board, or bureau that is impacted by the decision.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-207. - Administration and enforcement.

(a)

(b)

For the purposes of this chapter, the administrative official will be the heads of city departments. They will be given their duties by the mayor and city council regarding this chapter.

(c)

(d)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-208. - Prohibitions on enforcement.

(a)

City officials designated to enforce zoning and building codes must not:

(1)

(2)

(3)

(4)

An applicant can choose to use a building material, product, or design in the construction or alteration of a building by agreeing in writing, even if it is not enforceable under subsection (1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-209. - Exemptions for ordinances, requirements, and programs.

(1)

Changes to the building code that address local issues, as long as they do not conflict with specific subsections 52-207(a) or (b) of the UDC.

(2)

Programs created by state agencies that set specific standards or offer incentives or financial arrangements to meet state or federal funding requirements or housing programs.

(3)

Building requirements necessary for eligibility for windstorm and hail insurance coverage as per the Texas Insurance Code Chapter 2210.

(4)

Laws or regulations concerning outdoor lighting designed to reduce light pollution, which are either:

Adopted by a body recognized as a Dark Sky Community by the International Dark Sky Association, or

Relevant to outdoor lighting within five miles of a military base with active training programs.

(5)

Laws governing outdoor lighting enacted under certain chapters of the V.T.C.A., Local Government Code, Subchapter B, Chapter 229, or under V.T.C.A., Local Government Code, Subchapter B, Chapter 240.

(6)

The installation of fire sprinkler systems as required by specific sections of the V.T.C.A., Occupation Codes, § 1301.551(i), or the V.T.C.A., Health and Safety Code, § 775.045(a)(1).

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-210. - Exemptions for buildings.

(1)

A building located in a place or area designated for its historical, cultural, or architectural importance and significance as adopted by the city council prior to April 1, 2019.

(2)

(3)

(4)

A building located in an area designated as a historic district on the National Register of Historic Places;

(5)

A building designated as a Recorded Texas Historic Landmark, such as Bishop Park and Justin Cemetery designated landmark sites;

(6)

A building designated as a state archeological landmark or state antiquities landmark;

(7)

A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;

(8)

A building located in a World Heritage Buffer Zone; and

(9)

A building located in an area designated for development, restoration, or preservation in a main street town or city established under V.T.C.A., Local Government Code, § 442.014.

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)

Sec. 52-211. - Zoning amendments.

(a)

Authority. The city council has the power to modify, add, or remove zoning district boundaries or rules as needed, according to the Local Government Code Chapter 211.

(b)

(c)

(d)

(Ord. No. 793-25, § 2(Exh. A), 1-23-25)