There is hereby created a planning and zoning commission which shall be organized, appointed by the mayor and confirmed by the city council.

(Ord. of 1-10-2006, § 32.1)

The planning and zoning commission shall consist of five members who are residents of the city or its extraterritorial jurisdiction, however, the majority shall be residents of the city, each to serve for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Appointees shall fill positions which shall be designated by place numbers (e.g., place 1, place 2, etc.). Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause in the same manner as the original appointment was made. The mayor and city council may appoint two alternate members of the planning and zoning commission, one from the city and one from the extraterritorial jurisdiction, who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the planning and zoning commission.

(Ord. of 1-10-2006, § 32.1.1)

The terms of members filling places 1, 3, and 5 shall expire on June 30 of each odd-numbered year and the terms of members filling places 2 and 4 shall expire on June 30 of each even-numbered year. Commission members may be appointed to succeed themselves. Vacancies shall be filled for unexpired terms, but no members shall be appointed for a term in excess of two years. The members shall serve a term of two years. Newly appointed members shall be installed at the first regular commission meeting after their appointment.

(Ord. No. 02-02, 1-15-2002; Ord. of 1-10-2006, § 32.1.2; Ord. No. 2010-13, § 3, 5-11-2010)

The commission shall hold an organizational meeting in July of each year. The commission shall meet on-call and shall designate the time and place of its meetings. The commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this chapter and the requirements of law. The planning and zoning commission shall elect a chairperson from its own membership at its annual organizational meeting.

(Ord. of 1-10-2006, § 32.1.3)

A quorum for the conduct of business shall consist of three members and/or alternate members of the commission. The members shall serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties.

(Ord. of 1-10-2006, § 32.1.4)

The planning and zoning commission is hereby charged with the duty and invested with the authority to:

(1)

Formulate and recommend to the city council for its adoption a city plan for the orderly growth and development of the city and its environs and from time to time recommend such changes in the plan as it finds will facilitate the movement of people and goods, and the health, recreation, safety, and general welfare of the citizens of the city.

(2)

Formulate a zoning plan as may be deemed best to carry out the goals of the city plan; hold public hearings and make recommendations to the city council relating to the creation, amendment, and implementation of zoning regulations and districts as authorized under state law.

(3)

Exercise all powers of a commission as to approval or disapproval of plans, plats, or replats as authorized under state law.

(4)

Study and recommend the location, extension, and planning of public rights-of-way, parks, or other public places, and on the vacating or closing of same.

(5)

Study and make recommendations regarding the general design and location of public buildings, bridges, viaducts, street fixtures, and other structures and appurtenances.

(6)

Initiate, in the name of the city, proposals for the opening, vacating, or closing of public rights-of-way, parks, or other public places and for the change of zoning district boundaries on the area-wide basis.

(7)

Formulate and recommend to the city council for its adoption policies and regulations consistent with the adopted city plan governing the location and/or operation of utilities, public facilities, and services owned or under the control of the city.

(8)

Submit each May a progress report to the city council summarizing is activities for the past year and a proposed work program for the coming year.

(Ord. of 1-10-2006, § 32.2)

A zoning board of adjustment is hereby re-established in accordance with the provisions of V.T.C.A., Local Government Code § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in V.T.C.A., Local Government Code § 211.008.

(Ord. of 1-10-2006, § 33.1.1)

The zoning board of adjustment shall consist of five members, each to be appointed by the mayor and confirmed by the city council for a term of two years and removable for cause by the appointment authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two members, as heretofore appointed, shall serve until January 1 of even-numbered years, and thereafter each member reappointed for each new appointee shall serve for a full term of two years unless removed as hereinabove provided. The city council may also appoint four alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.

(Ord. of 1-10-2006, § 33.1.2)

The hearings of the zoning board of adjustment shall be public. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest. All hearings are to be heard by at least four members of the board.

(Ord. of 1-10-2006, § 33.1.3)

Regular meetings of the zoning board of adjustment shall be held at such times as the board may determine. Special meetings of the board shall be held at the call of the chairperson or at the written request of two regular members of the board, or city staff, and said request to be submitted to the chair.

(Ord. of 1-10-2006, § 33.1.4)

The zoning board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such vote, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city secretary and shall be public record. The board shall act by resolution in which four members must occur. 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 the chapter, and shall furnish a copy of the same to the zoning administrator and 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.

(Ord. of 1-10-2006, § 33.1.5)

(a)

Appeals based on error. The zoning board of adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city of the enforcement of this chapter.

(b)

Special exceptions. The board shall have the power to hear and decide special exceptions to the terms of this chapter, upon which the board is required to pass as follows:

(1)

Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformity with the master plan and present no conflict or nuisance to adjacent properties.

(2)

Permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

(3)

Grant a permit for the extension of a use, height, or area regulation into an adjoining district where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.

(4)

Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and primary purpose of continuing the nonconforming use is not to continue a monopoly.

(5)

Waive or reduce the parking and loading requirements of any of the districts, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(6)

Determine whether an industry should be permitted within the M-1, Light Industrial District and M-2, Heavy Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

(7)

Rule on all applications on siting of manufactured homes in districts not so zoned. Approval shall only be allowed in cases of extreme hardship under guidelines established by the board.

(Ord. of 1-10-2006, §§ 33.2.1, 33.2.2)

When the zoning board of adjustment has denied a proposal, no new applications of similar nature shall be accepted by the board or scheduled for 12 months after the date of board denial. Applications which have been withdrawn at or before the board meeting may be resubmitted at any time for hearing before the board.

(Ord. of 1-10-2006, § 33.2.3)

The concurring vote of four members of the zoning board of adjustment is necessary to:

(1)

Reverse an order, requirement, decision or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass; or

(3)

Authorize a variation from the terms this chapter.

(Ord. of 1-10-2006, § 33.2.4)

State Law reference— Authority of the board, V.T.C.A., Local Government Code § 211.009.

(a)

Procedure. Appeals may be taken to and before the zoning board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing in the office of the city secretary a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken.

(b)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the zoning board of adjustment that, by reason of facts in the certificate, 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 board or a court of record on application, after notice to the official, if due cause is shown.

(c)

Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(d)

Decision by board. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

(Ord. of 1-10-2006, § 33.3)

State Law reference— Appeals, V.T.C.A., Local Government Code § 211.010.

The zoning board of adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done, including the following:

(1)

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

(2)

Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this chapter as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this chapter and, at the same time, the surrounding property will be properly protected.

(3)

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the building inspector in the enforcement of this chapter. Except as otherwise provided herein, the board shall have, in addition, the following specific powers:

a.

To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the master plan and present no conflict or nuisance to adjacent properties.

b.

To permit a public utility or public service or structure in any district, or a public utility or public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.

c.

To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of the ordinance from which this chapter is derived.

d.

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 50 percent of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use.

e.

To waive or reduce the parking and loading requirements in any of the districts, when:

1.

The character or use of the building is such as to make unnecessary the full provision of parking or loading facilities; or

2.

When such regulations would impose an unreasonable hardship upon the use of the lot. The board shall not waive or reduce such requirements merely for the purpose of granting an advantage or a convenience.

(4)

A written application for variance shall be submitted, together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That literal interpretation of the provisions of this chapter would deprive he applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and

e.

No nonconforming use of neighboring lands, structures, or buildings in the same chapter and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(Ord. of 1-10-2006, § 33.4)

(a)

The zoning board of adjustment shall have no authority to change any provisions of this division 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 or less restrictive zone.

(b)

It is the intent of this division that all questions of interpretation and enforcement shall be first presented to the administrative official, that such questions shall be presented to the board only on appeal from the decision of the building official and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by the laws of the state.

(Ord. of 1-10-2006, § 33.5)

No permanent structure may be constructed or otherwise located within the city limits prior to issuance of a building permit by the building inspector. No permanent structure constructed or otherwise located within the city limits may be occupied prior to issuance of a certificate of occupancy by the building inspector. No change in the existing conforming use of a permanent structure, or of land to a use of a different classification under this chapter, and no change in the legally conforming use of a permanent structure or of land may take place prior to issuance of a certificate of occupancy by the building inspector.

(Ord. of 1-10-2006, § 35.1)

Plans for any permanent structure to be constructed or otherwise located within the city limits must be approved by the building inspector who, upon approval, shall issue a building permit. A complete application for a building permit shall contain details of foundation and structure sufficient to determine compliance with applicable provisions of the building code. Upon submission of a complete application, the building inspector shall issue a building permit. After issuance of a building permit and prior to issuance of a certificate of occupancy, the building inspector shall conduct a foundation, plumbing, electrical and framing inspection. After such inspection, the building inspector shall issue a certificate of occupancy if the plans and the results of the inspection comply with the provisions of all applicable ordinances and regulations.

(Ord. of 1-10-2006, § 35.2)

Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to said building inspector. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued with ten days after the application for same has been made.

(Ord. of 1-10-2006, § 35.3)

Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of the building and fire laws and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

(Ord. of 1-10-2006, § 35.4)

Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary certificate shall not be construed to alter the respective rights, duties, or obligations of the owner or of the city relating to the use occupancy of the premises or any other matter covered by this chapter.

(Ord. of 1-10-2006, § 35.5)

A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of the ordinance from which this division is chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the building inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of the ordinance from which this chapter is derived. It shall be the duty of the building inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use shall be evidence that said nonconforming use was either illegal or did not lawfully exist at the effective date of the ordinance from which this chapter is derived.

(Ord. of 1-10-2006, § 35.6)

The city declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

(1)

To correct any error in the regulations or map.

(2)

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

(3)

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

(Ord. of 1-10-2006, § 36.1)

The city council may from time to time, after public hearings required by law, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts. Any amendment, supplement, or change to the text of this chapter and/or the zoning map and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, or the city council, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

(Ord. of 1-10-2006, § 36.2)

(a)

Upon filing of an application for an amendment to the zoning ordinance and map, the planning and zoning commission and city council shall hold a public hearing on said application.

(b)

Written notice of such hearings shall be sent to the owner of the property or his agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice, mailed first-class return receipt requested, to be given not less than ten days before the date of such hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least 15 days before the time of the hearing. Also, the city secretary shall have the property, lot or tract posted with a sign at least 18 inches by 24 inches in size which shall state "Zoning change requested; for information call City Hall" and the telephone number shall be listed. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

(Ord. of 1-10-2006, § 36.3)

(a)

If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this chapter to the city council, said recommendation shall be by resolution of the planning and zoning commission carried by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

(b)

The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to refile the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being recommended for denial without prejudice against refiling. If it is later determined by the commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(Ord. of 1-10-2006, § 36.4)

(a)

If the planning and zoning commission has recommended approval or denial of an application, the city council shall set said application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least 15 days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent, and to all property owners of real property lying within 200 feet of the subject property pursuant to section 42-127(b).

(b)

If the planning and zoning commission has recommended to the city council that a proposed amendment be disapproved, the city council may refuse to adopt the amendment by a simple majority vote of the councilmembers present and voting. However, in order to adopt the amendment which has been recommended for disapproval by the planning and zoning commission, the amendment shall not become effective except by the favorable vote of a simple majority of all members of the city council present and voting.

(c)

When the planning and zoning commission has recommended to the city council that a proposed amendment be approved, the city council may disapprove the petition or application for amendment by a simple majority vote of the city councilmembers present and voting. In the event of a tie vote of the city councilmembers present and voting, the mayor may cast the deciding vote.

(d)

In the case of a protest against an amendment to this chapter signed by the owners of 20 percent or more either of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of a simple majority of all members of the city council.

(e)

In making its determination, the city council shall consider the following factors:

(1)

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.

(2)

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.

(3)

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 unsuitable for development.

(4)

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

(5)

The manner in which other areas designated for similar development will be, or are likely to be, affected if the proposed amendment is approved, and whether such designation for other areas should also be modified.

(6)

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

(Ord. of 1-10-2006, §§ 36.5.1—36.5.5)

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the city council shall further consider whether said application shall be denied with or without prejudice against refiling. If the city council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against refiling. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one year from the date of denial by the city council. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one-year waiting period.

(Ord. of 1-10-2006, § 36.5.6)

(a)

In case the application for an amendment to this chapter is denied by the city council, said application shall not be eligible for reconsideration for one year subsequent to such denial. A new application affecting or including all or part of the same property must be substantially different from the application denied, in the opinion of the planning and zoning commission, to be eligible for consideration within one year of the denial of the original application.

(b)

In the event a reapplication affecting the same land is for a zone that will permit the same use of the property as that which would have been permitted under the denied application, the same shall not be considered to be substantially different from the application denied.

(Ord. of 1-10-2006, § 36.6)

If the amending ordinance is not approved within six months from the time of its original consideration, the zoning request, at the option of the city council, may be recalled for a new public hearing.

(Ord. of 1-10-2006, § 36.7)

Amendments to this chapter not involving a particular property but involving change in the zoning regulations generally do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of such publication.

(Ord. of 1-10-2006, § 36.8)

(a)

The city council shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this chapter. The schedule shall be posted in the office of the administration official and may be altered or amended only by the city council.

(b)

No permit, certificate, special exception, or variance shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action taken on proceedings before the board of adjustment unless or until preliminary charges and fees have been paid in full.

(c)

The exact charge for the following services will be established by separate ordinance:

(1)

For docketing a zoning petition with the planning and zoning commission of the city.

(2)

For docketing an application for relief with the board of adjustment of the city.

(Ord. of 1-10-2006, § 37)