There is created, in accordance with Chapter 211 of the Texas Local Government Code, and established by Ordinance No. O-15-80 of the City of Kaufman, the "Planning and Zoning Commission", hereafter sometimes referred to as the "Commission", which shall consist of seven (7) members who are resident citizens, taxpayers and qualified voters of the City of Kaufman.

Members shall be appointed by a simple majority vote of members present of City Council before becoming a member of the Commission.

All appointments to the Commission shall be for a term of three (3) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any three (3) year period, the terms of two (2) members shall expire during two (2) of those years, and the terms of three (3) members shall expire during the third year). Terms of office of certain members shall expire on the first (1st) day of November of any given year.

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

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

The members of the Commission shall regularly attend meetings and public hearings of the Commission, and shall serve without compensation.

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

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

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

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

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

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

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

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

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

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

The Zoning Board of Adjustment shall consist of five (5) regular members, who shall be appointed by a simple majority vote of the City Council, in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. In addition, there may be up to four (4) alternate members appointed for two (2) year terms, said terms to be staggered in like manner to regular members.

Regular Board members and alternate members shall serve for a term of two (2) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any two (2) year period, the terms of two (2) members shall expire during one (1) of those years, and the terms of three (3) members shall expire during the second year. In like manner, the terms of alternate members shall be two (2) and two (2) in separate years).

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

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

The members of the Board shall regularly attend meetings and public hearings of the Board, and shall serve without compensation.

Meetings of the Zoning Board of Adjustments shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Four (4) members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board will always be heard by at least seventy-five (75%) percent of the members, which constitutes four (4) members.

Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance; and

Authorize in specific cases a variance (see Section 9.6) from the terms of this Ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of this Ordinance is observed and substantial justice is done.

In exercising its authority under Subsection A above, the Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.

The concurring vote of at least seventy-five (75%) percent, or four (4), members of the Board is necessary to:

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

The Board shall have no power to grant or modify Specific Use Permits authorized under Section 30 or to grant or modify the conditions of a Planned Development authorized under Section 29 of these regulations.

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

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

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

No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with Section 9.8.C or D of this Ordinance and unless the ZBA finds:

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

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

The applicant bears the burden of proof in establishing the facts justifying a variance.

In addition to the authorization of variances from the terms of this Ordinance, the ZBA shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance; the ZBA may reverse or affirm, in whole or in part, or may modify the administrative official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the ZBA has the same authority as the administrative official. The ZBA may also hear and decide other matters authorized by the Subdivision Ordinance and other ordinances regarding land use regulations.

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

The appellant must file with the ZBA and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within sixty (60) days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the ZBA all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the ZBA facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the ZBA or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board shall decide the appeal within four (4) weeks after the written request (i.e., notice of appeal) was received, after which time the request shall be deemed automatically approved if no formal action is taken. The Board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision or determination from which an appeal is taken, and make the correct order, requirement, decision or determination.

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

The City Manager, or his designee, shall visit the site where the proposed variance will apply and the surrounding area, and shall report his findings to the ZBA.

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

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

At the direction of the City Council, the Zoning Board of Adjustment shall institute proceedings regarding the discontinuance or termination of a nonconforming use in the City of Kaufman, and after public hearing and investigation into the conditions created by the use, fire or health hazards created by the use, and any other danger or nuisance to the public due to or created by any condition or use existing on the property, require the discontinuance or termination of such use. The owner of the use under the investigation by the Zoning Board of Adjustment shall have not less than ten (10) days written notice prior to the day of the public hearing. The Zoning Board of Adjustment, after having heard from affected parties and the public, shall prescribe a reasonable time period for compliance, discontinuance and termination of the nonconforming use that allows for amortization of the owner's actual investment in the use that occurred before the time that the use became nonconforming. In prescribing said time period, the Zoning Board of Adjustment shall consider the following factors:

If the Zoning Board of Adjustment establishes an amortization (or compliance) date for a nonconforming use, the use must cease operation on that date and it may not operate thereafter unless it becomes a conforming use.

For purposes of this Section, "owner" means the owner of the nonconforming use at the time of the Zoning Board of Adjustment's determination of an amortization (or compliance) date for the nonconforming use.

The Zoning Board of Adjustment shall have the power to subpoena witnesses, documents and things; administer oaths; punish for contempt; and may require the production of documents and other things, under such regulations as it may establish or deem appropriate.

Notwithstanding any provision contained in Section 34 of this Zoning Ordinance, any single-family residential use of property which is nonconforming due to its location within a non-single-family zoning district is not subject to the discontinuance or termination provisions contained in this section and may be improved, expanded or enlarged by an amount no more than fifty (50%) percent of the original enclosed, habitable area of the structure, or no more than five hundred (500) square feet, whichever is greater, provided that the improvement, expansion or enlargement does not violate the setback or other area requirements contained in this Zoning Ordinance.

Meetings of the Buildings and Standards Commission Panel shall be held at the call of the Chairman and at such other times as the Panel may determine. All meetings of the Panel shall be open to the public. Four (4) members of the Panel shall constitute a quorum for the conduct of business. All cases to be heard by the Panel will always be heard by at least seventy-five (75%) percent of the members, which constitutes four (4) members.

ZBA and BSC hearings may be held on the same meeting date under the following conditions:

Conduct public hearings for the purpose of determining whether a structure is substandard, dilapidated, abandoned, unsafe, unfit for human habitation, repairable, and a hazard to the public health, safety and welfare; and

The BSC Panel may require/order, in specific cases, a property/structure to be vacated, relocation of occupants, secured, repaired, removed or demolished; and

In exercising its authority under Subchapter A above, the BSC Panel may assess civil penalties and/or fines up to the maximum allowed by State Law and City Ordinances for noncompliance upon both the property and owner(s).

The BSC Panel may subpoena witnesses and compel testimony from any party with relevant information regarding the condition or facts relating to the subject property. The Director shall provide for any inspections necessary and photographic evidence needed to substantiate the condition of the property.

Inspections of the property shall be conducted by the City Building Inspector and/or Fire Chief or their designees upon receiving voluntary consent of entry in writing by the owner/tenant or by obtaining an administrative search warrant.

The concurring vote of at least seventy-five (75%) percent, or four (4), members of the BSC Panel is necessary to:

The Buildings and Standards Commission (BSC) Panel may not grant an owner/occupant permission to construct, repair, remodel or alter a structure in any way that is contrary to the adopted Codes and Ordinances. An order by the BSC Panel does not constitute a valid building permit or demolition permit which must be obtained separately from the Development Services Department prior to proceeding with any order issued by the BSC Panel.

The BSC Panel shall have no power to grant variances or modify any requirement of the Zoning Ordinance, City Ordinances or International Building Code as adopted.

To correct any error in the regulations or map.

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

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

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

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

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

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

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

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

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

Notice for public hearings for changes in the text of this Ordinance which do not change zoning district boundaries or zoning classifications (i.e., which do not involve a specific real property) shall be given by publishing the purpose, time and place of such hearings in the official newspaper of the City not less than fifteen (15) days prior to the date of the first public hearing and do not require written notification to individual property owners.

For amendments or proposed changes to the Thoroughfare Plan or zoning/rezoning requests involving real property at least one (1) public hearing on each zoning application shall be held at both the Planning and Zoning Commission and City Council, as per applicable State law (Texas Local Government Code Chapter 211, as may be amended). For proposed changes to zoning district boundaries (including rezoning requests), written notice of the public hearings to occur before the Planning and Zoning Commission and City Council shall be sent to all owners of property, as indicated by the most recently approved City tax roll, that is located within the area of application and within three hundred feet (300') of any property affected thereby, said written notice to be sent not less than ten (10) days before the first such hearing is held. Such notice may be served by using the last known address as listed on the most recently approved tax roll and depositing the notice, postage paid, in the United States mail.

Notice of the both Planning and Zoning Commission and City Council public hearings shall be given together by publishing the purpose, time and place of such hearings in the official newspaper of the City not less than fifteen (15) days prior to the date of the first public hearing. The notification and advertising requirements listed above will be required to be resubmitted on applications that are tabled beyond ninety (90) days of the first scheduled public hearing.

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

An application which is recommended by the Planning and Zoning Commission for denial shall be forwarded to City Council along with the Commission's reasons for denial, and ultimate approval of the request by City Council will require a three-fourths (3/4) favorable vote of all members of the City Council.

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

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

Upon approval of the zoning request by the City Council, the applicant shall submit all related material with revisions, if necessary, to the City for the preparation of the amending ordinance. A metes and bounds description of all property, a survey (i.e., drawing) exhibit, and other appropriate exhibits that are determined necessary by the Director, or his designee, must be submitted with the zoning change request application. The zoning request shall be deemed tentatively approved at the time the City Council makes a decision to approve the request as submitted or with certain conditions. However, the zoning request does not receive final approval (become effective) until after the amending ordinance has been prepared and a second reading of the ordinance is approved by the City Council in accordance with the Charter and the ordinance is officially adopted.

Initial occupancy and use of a new building, new residential structure or structurally altered existing building (including minor renovation/rehabilitation of residential structures, as described in Subsection 11.4 [11.3] below).

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

Change in the use of land to a use of a different classification.

Change in ownership or occupant of any existing building or structure used for nonresidential or residential purposes (including lease or rental of a portion of a structure such as an office suite or apartment).

A written application for a Temporary Utility Release shall be submitted to the Building Official and/or the Fire Chief for his review, and shall be approved upon a finding that the building permits have been issued and construction, renovation or repair activities proposed will be beneficial to the subject structure/site and the surrounding area, and that they will not compromise the public health, safety and welfare. A Temporary Utility Release shall be valid for a period of ninety (90) days, and thirty-day extensions may be granted by the Building Official or Fire Chief or his designee, if additional time will be needed to complete the construction, renovation or repair work. Under no circumstances shall occupation of the premises be allowed during the construction, renovation or repair work, and violations of this Subsection are subject to a fine not to exceed $500.00, and each and every day that the provisions of this Subsection are violated shall constitute a separate and distinct offense. Upon completion of the minor renovation, rehabilitation or remodeling work, and prior to occupancy of the structure/site, the property owner shall make a request building inspection and Life Safety Inspection to be performed by the Building Official and/or Fire Chief or his designee [sic]. The Certificate of Occupancy shall be issued after all required inspections are completed and the premises found to be in compliance with this Ordinance, current adopted International Code Council (ICC) requirements and all other applicable regulations.