Kyle City Zoning Code
ARTICLE IX
ADMINISTRATION
§ 53-1196 Building official's duties.
The city building official shall administer the provisions of this chapter, and in furtherance of such authority, the city building official shall:
(1)
Records.
Maintain permanent and current records with respect to this chapter, including amendments thereto.
(2)
Applications.
Receive, file, and review all zoning applications to determine whether such plans comply with this chapter.
(3)
Planning and zoning commission.
Forward zoning applications to the planning and zoning commission as required by this chapter, together with its recommendations thereon.
(4)
Council.
Forward zoning applications to the council, together with the recommendations of the planning and zoning commission and the city staff.
(5)
Implementation.
Make such other determinations and decisions as may be required of the city by this chapter, the planning and zoning commission or the city council; and enforce and implement this chapter and the final decisions by the planning and zoning commission and the city council.
(Ordinance 438, § 70, adopted 11/24/2003)
§ 53-1197 Chapter interpretation.
In the interpretation and application of the terms and provisions of this chapter, the following regulations shall govern:
(1)
Liberally construed.
In the city's interpretation and application, the provisions of this chapter shall be regarded as minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare. This chapter shall be regarded as remedial and shall be liberally construed to further its underlying purposes.
(2)
Highest standards govern.
Whenever a provision of this chapter and any other provision of this chapter, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern.
(3)
Resolution of conflicting interpretations.
Where there arises a question concerning the meaning or intent of a provision of this chapter, a written decision setting forth the manner in which said provision shall be interpreted and administered is encouraged. In the event exception is taken by any interested party to such a decision the matter may be appealed to the planning and zoning commission and, as appropriate, to the council whose decision shall be final.
(4)
Written decisions binding.
Any final written decision made as provided in subsection (3) of this section shall be archived and shall govern the interpretation of this chapter until such time as an amendment of this chapter shall nullify such decision, or the decision is over-ruled or rescinded by the city council.
(5)
State law.
The terms, provisions and conditions of this chapter shall be interpreted and applied in a manner consistent with state law and V.T.C.A., Local Government Code ch. 211, in particular.
(6)
Master plan.
All zoning applications shall conform to the master plan for the community and be consistent with all of the elements thereof.
a.
Where the proposed zoning application is inconsistent with one or more of the elements of the master plan, the developer may petition the city for amendment to the particular element or elements of the master plan either prior to, or concurrent with, submitting a request for subdivision plat or development plan approval. Inconsistency with the provisions of the master plan shall be grounds for disapproval of the zoning application by the city.
b.
Where the proposed zoning is for a zoning district or category provided for in this chapter but that is not included on the master plan existing on the date of the ordinance from which this chapter is derived, or not existing on the date of such application, the applicant shall propose an amendment to the master plan and provide information and documentation in support of such amendment.
(7)
Consistency with chapter 41.
All development projects within the corporate limits of the city shall be in conformance with chapter 41, subdivisions. Where the proposed development requires a zoning classification or approval other than that currently applying to the property to be developed, the developer shall make appropriate application to secure the necessary zoning classification or approval required for the proposed development would comply with this chapter.
(Ordinance 438, § 71, adopted 11/24/2003)
§ 53-1198 Board of adjustment.
(a)
Established.
A board of adjustment is established in accordance with the provisions of V.T.C.A., Local Government Code Ch. 211 and Art. X of the City Charter, regarding the zoning of cities and with the powers and duties as provided in said state statute.
(b)
Organization and membership.
(1)
Regular membership.
The board of adjustment shall consist of five citizens appointed or reappointed by the city council for staggered two-year terms with odd seats expiring September 30 of odd years and even seats expiring September 30 of even years and shall not have term limits. Members shall meet the qualifications set forth in section 2-45. Members of the board of adjustment shall be removable for cause by the city council, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of the member whose term becomes vacant by a previously appointed alternate member, giving preference to tenure/attendance. The board of adjustment shall elect its own chair and vice chair, who shall serve for a period of one year or until a successor is elected. In accordance with the City Charter, members of the board of adjustment may not hold any other city office.
(2)
Alternate members.
The board of adjustment shall also consist of not more than four alternate members who will serve in the absence of one or more regular members and will replace the position of regular member when they resign. Alternate members shall be appointed in the same manner as regular members and shall serve until replaced or resigned. These positions are not mandatory for replacement upon expiration but shall be filed in the same manner as provided in section 2-42. Alternate members are subject to removal in the same manner as a regular member.
(c)
Meetings.
Meetings of the board of adjustment shall be held at the call of the chair and at such other times as the board of adjustment may determine.
(d)
Hearings.
All meetings and hearings held by the board of adjustment shall be public; provided that upon the advice and consent of the city attorney the board of adjustment may go into executive session pursuant to V.T.C.A., Local Government Code ch. 551.
(e)
Rules and regulations.
The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and such minutes shall be immediately filed in the office of the board of adjustment and shall be a public record. The board of adjustment shall act by resolution in which four members must concur. The board of adjustment may adopt rules in accordance and consistent with this chapter as necessary and required. A copy of any such rules shall be furnished to any person requesting same. All rules and regulations shall operate uniformly in all cases and all resolutions and orders shall be in accordance therewith. The city attorney may prepare guidelines and criteria regarding the legal responsibilities of the board of adjustment members and the legal limits of the discretion granted to the board of adjustment. The city attorney may present these guidelines to the board of adjustment at their first meeting every year.
(f)
Appeals.
(1)
Procedure.
Any person aggrieved by a decision of an administrative officer in the enforcement of V.T.C.A., Local Government Code ch. 211, this chapter, or any officer, department, board or bureau of the city affected by any such decision by an administrative officer, may appeal such decision to the board of adjustment. Such an appeal shall be made by filing with the office of the board of adjustment and the officer whose action is being appealed, a notice of appeal specifying the grounds thereof. The officer from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from is taken.
(2)
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer whose decision is appealed shall certify to the board of adjustment that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted for just cause by the board of adjustment, or by a court of record, after notice to the officer from whom the appeal is taken.
(3)
Notice of hearing on appeal.
The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall give public notice of the hearing and due notice to the parties in interest.
(4)
Decision by board.
The board of adjustment shall decide appeals within a reasonable time. Any part to the appeal may appear in person or by agent or attorney at any hearing. The board of adjustment may, upon the concurring vote of four members, reverse or affirm, in whole or in part, or modify the administrative official's order, requirement or decision, and make the correct order, requirement, decision, or determination on the matter appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(g)
Powers and duties of the board of adjustment.
(1)
Appeals based on error.
The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of V.T.C.A., Local Government Code ch. 211, or this chapter.
(2)
Special exceptions.
The board of adjustment shall have the power to hear and decide special exceptions to the terms of this chapter when this chapter requires the board of adjustment to do so. Such special exceptions shall be as follows:
a.
To permit a public utility or public service use or structure in any district as necessary to house equipment, pumps, switching gear, and similar devices only, required for the provision of the utility service 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 provision of utility service and the public health, convenience, safety or general welfare.
b.
To grant a permit for the extension of a use, height or area regulation into an adjoining district for any lot platted in an approved subdivision, where the boundary line of the district divides such lot and the lot was in a single ownership on June 3, 1991.
c.
Authorize a variance from the parking and loading requirements in 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, and where the topography or unusual shape of the lot and regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(h)
Variances.
The board of adjustment shall have the power to authorize upon appeal in specific cases such variance 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)
Yard and setback.
Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardship in the carrying out of these provisions due to an irregular shape of the lot, topography or other conditions; provided that such variance will not significantly affect any adjoining property or the general welfare.
(2)
Structures.
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 a building or structure or the use of land will impose 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 general purpose and intent, but only when the board of adjustment is satisfied that a granting of such variance 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 as established by this chapter, and at the same time, the surrounding property will be property protected; provided that the board of adjustment shall not in any event permit a use on any property that is not permitted within the zoning category for which such property is zoned.
(i)
Changes.
The board of adjustment shall have no authority to change any provision of this chapter and its jurisdiction is limited to hardship and borderline cases which may arise from time to time.
(Ordinance 438, § 72, adopted 11/24/2003; Ordinance 852, adopted 6/2/2015; Ordinance 1361 adopted 5/6/2025)
§ 53-1199 Conditions for issuing a building permit.
No building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this chapter and all applicable elements of the master plan, except as herein exempted, or upon the written application and approval of a variance.
(Ordinance 438, § 73, adopted 11/24/2003)
§ 53-1200 Certificates of occupancy.
(a)
Policy and application.
Certificates of occupancy shall be required for any of the following:
(1)
Occupancy and use of any structure or building hereafter erected or structurally altered.
(2)
Change in use of an existing building to a use of a different classification.
No occupancy of any new, or altered portion of any, structure or building, or any such building or structure for which there is a change of use, shall take place until a certificate of occupancy therefor shall have been issued by the city building official. |
(b)
Procedure.
(1)
New and altered structures.
Written application for a certificate of occupancy for a new building, or for an existing building which is to be altered, shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three days after a written request for the same has been made to said city building official or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and all applicable city codes and ordinances.
(2)
Change in use.
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 the city building official. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within three days after the application for same has been made.
(c)
Approval.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept in file in the office of the city building official or his agent and copies shall be furnished on request to any person having proprietary or tenancy interests in the building or land affected.
(d)
Temporary certificate of occupancy.
Pending the issuance of a regular certificate of occupancy, a temporary certificate may be issued by the city building official for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners, or of the city, relating to the use or occupancy of the premises or any other matter covered by this chapter.
(e)
Nonconforming uses.
A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the city building official 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 city building official to issue a certificate of occupancy for a lawful nonconforming use, and the refusal of the city building official to issue a certificate of occupancy for such 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.
(Ordinance 438, § 74, adopted 11/24/2003)
§ 53-1201 Fees.
To defray the costs of administering this chapter, the applicant seeking plat approvals shall pay to the city, at the time of submittal, the prescribed fees as set forth in the current administrative fee schedule approved by the council, and on file in the office of the city.
(Ordinance 438, § 75, adopted 11/24/2003)
§ 53-1202 Amendments.
The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law.
(Ordinance 438, § 76, adopted 11/24/2003)
§ 53-1203 Violations.
Except as otherwise provided for in this chapter, it shall be unlawful for any person to develop, improve or sell any lot, parcel, tract or block of land within the city's territorial jurisdiction, regardless of the size or shape of said lot, parcel, tract or block, unless such lot, parcel, tract or block of land conforms with this chapter.
(Ordinance 438, § 77, adopted 11/24/2003)
§ 53-1204 Enforcement.
(a)
Administrative action.
The building official, city engineer and/or the city manager shall enforce this chapter by appropriate administrative action, including, but not limited to, the rejection of plans, maps, plats and specifications not found to be in compliance with this chapter and good engineering practices, and the issuance of stop work orders.
(b)
Court proceedings.
Upon the request of the city council the city attorney shall file an action in the district courts to enjoin the violation or threatened violation of this chapter, or to obtain declaratory judgment, and to seek and recover court costs and attorney fees, and/or to recover damages in an amount sufficient for the city to undertake any construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this chapter.
(Ordinance 438, § 78, adopted 11/24/2003)
§ 53-1205 Amendments.
(a)
Statement of intent.
For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of the city, this chapter shall not be amended except to correct an error in the ordinance, or because of changed or changing conditions in a particular area or in the city generally, or to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof, all in accordance with a comprehensive plan. The council may, from time to time, adopt, amend and make public rules and regulations for the administration of this chapter. This chapter may be enlarged or amended by the council after public hearing, due notice of which shall be given as required by law.
(b)
Amendment limitation for rezoning.
Subject to the limitations of the foregoing statement of intent, an amendment of this chapter may be requested by any person, provided that an amendment to rezone any property may be initiated only by:
(c)
Responsibility for change.
The city council has sole responsibility for changes in the zoning map and changes in this chapter. The zoning and rezoning of land is in the legislative discretion of the city council. Zoning and rezoning shall be by ordinance only.
(d)
Referral of amendment to planning and zoning commission.
Upon its own motion, a request by the planning and zoning commission, or the receipt of an administratively complete petition and application to zone or rezone a lot, tract or parcel of land, which petition and application has been examined and approved as to form by the city manager, shall be referred to the planning and zoning commission for consideration, public hearing, and recommendation to the city council. The council may not enact a rezoning amendment until the planning and zoning commission has held a public hearing and made its recommendation to the city council, or has made a final vote on the matter without obtaining a majority, on the zoning or rezoning of the property.
(e)
Action by the planning and zoning commission.
The planning and zoning commission shall cause such study and review to be made as advisable and required, shall give public notice and hold a public hearing as provided by state law, and shall recommend to the council such action as the planning and zoning commission deems proper. Written notice of the proposed zoning change shall be forwarded to the owner of each tract or parcel of land that is within 200 feet of the property for which zoning is requested, not less than ten days prior to the date of the public hearing to be held by the planning and zoning commission. If the city owns any property within 200 feet of the property proposed to be zoned or rezoned, it shall not be necessary to mail any such notice to the city. The application for zoning or rezoning, and the retained copies of the notices sent to owners within the 200 feet, shall be deemed to be sufficient written notice to the city to satisfy all requirements.
(f)
Action by the council.
The city council shall give public notice and hold a public hearing before taking final action to zone or rezone any land.
(g)
Public hearing and notice of the proposed zoning change.
(1)
Not less than ten days prior to the date of the public hearing to be held by the planning and zoning commission on each zoning or rezoning, written notice of the public hearing and the zoning proposed shall be given by U.S. mail to the owner of each lot, tract or parcel of land within 200 feet of the lot, tract or parcel being considered for zoning. Such notices shall be mailed by first class mail addressed to the persons or firms to whom the properties are assessed on the city tax rolls.
(2)
a.
Posted notice. A minimum of one sign shall be placed on each street frontage. Property with multiple street frontages shall have the requisite sign on each street. Signs shall be placed in a visible, unobstructed location near the front property line.
b.
The notification signs shall be left in place until final action is taken on the request. Unless the case is formally withdrawn by the applicant prior to a final decision. It shall be the responsibility of the applicant to periodically check sign locations to verify that signs remain in place and have not been vandalized or removed. The applicant shall immediately notify the responsible official of any missing or defective signs.
(3)
Notice of the public hearing to be held by the city council shall be given by publishing such notice at least once in a newspaper of general circulation in the city, at least 15 days prior to the date set for public hearing.
(4)
If the zoning or rezoning is proposed by the city council or the planning and zoning commission, notice of the proposed zoning change shall be made by the city manager mailing notification by first class mail to the person or firm to whom the property is assessed on the city tax rolls, and to all persons or firms to whom property within 200 feet of the proposed zoning change is assessed on the city tax rolls.
(5)
The required notice for a public hearing having been given for the zoning or rezoning of a tract of land, the planning and zoning commission or the city council may, as applicable, continue such matter to subsequent public meetings for consideration and may in the same zoning process or proceeding recommend zoning/rezoning or, as applicable, zone or rezone the property for which notice was given for a use or zoning district that is a less intensive use than the use for which the notices were given, without additional or further notices being given; provided that the less intensive district is within the same general use category, e.g., duplex requested and single-family zoning granted, multiple-family zoning requested and the granted rezoning is a less intensive multiple-family zoning, duplex or single-family.
(h)
Protest of proposed amendment.
If a protest against any proposed rezoning or zoning change for any land is presented in writing to the city secretary prior to the public hearing thereon, duly signed by the owners of 20 percent or more either of the area of lots included in the proposed change or of the lots or land immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council.
(i)
Procedure for amendment petition.
(1)
Filing of application.
All petitions to change zoning or rezone property shall contain at least the following:
a.
The petitioners name, address, and interest in the property described in the petition, as well as the name, address and interest of every person having a legal or an equitable interest in the land covered by the petition;
b.
The nature and effect of the proposed amendment and zoning or permit requested;
c.
A fully scaled map showing:
d.
The names and addresses of the owners of all land within 200' of the land to be rezoned, or for which a permit is sought.
e.
If applicable, the alleged error in the ordinance from which this chapter is derived, which would be corrected by the proposed amendment, together with a detailed explanation of such error and how the proposed amendment will correct the same.
f.
The changed or unchanging conditions, if any, in the area or in the municipality generally, which make the proposed amendment reasonably necessary.
g.
Evidence that the petition is in accordance with the comprehensive plan, or that support amendment of the comprehensive plan.
h.
A statement of all other circumstances, factors and reasons the applicant offers in support of the proposed amendment.
(2)
Time limitation.
If a petition for rezoning is denied by the city council, another petition for reclassification of the same property or any portion thereof shall not be filed within a period of 12 months from the date of final denial, except with the permission of the city council.
(Ordinance 438, § 79, adopted 11/24/2003; Ordinance 737, § 2(Exh. A), adopted 8/20/2013; Ordinance 1332 adopted 8/20/2024)