Lakeside City Zoning Code
ADMINISTRATION
§ 151.033 ADMINISTRATION AND ENFORCEMENT.
(A) Administrative official. An administrative official designated by the Town Council shall administer and enforce this chapter. Said person may be provided with the assistance of such other persons or consultants as the Town Council may direct.
(B) Enforcement. If the administrative official finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. 312, passed 6-22-2010)
§ 151.034 COMPLETION OF BUILDINGS UNDER CONSTRUCTION.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(Ord. 312, passed 6-22-2010)
§ 151.035 ZONING BOARD OF ADJUSTMENT.
(A) Governing body shall act as the Zoning Board of Adjustment. The Zoning Board of Adjustment shall consist of six members, to include all five members of the City Council plus the Mayor. All cases to be heard by the Zoning Board of Adjustment must be heard by a minimum number of five members.
(B) Terms of office. The members of the governing body shall serve as members of the Zoning Board of Adjustment concurrent with their terms of office as Council members or Mayor.
(C) Procedure. The Mayor shall serve as the presiding officer of the Board, and the Mayor Pro Tempore shall serve as acting presiding officer in the Mayor’s absence.
(1) The Board may hold an organizational meeting as it deems necessary.
(2) Meetings shall be held at the call of the presiding officer and at such other times as the Board may determine.
(3) All meetings shall be open to the public.
(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 fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.
(5) The Zoning Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter and state statutes.
(6) A quorum for the conduct of business shall consist of five members of the Board.
(7) The members of the Board shall regularly attend meetings and public hearings of the commission and shall serve without compensation.
(8) The presiding officer or acting presiding officer shall preside at all meetings and may administer oaths and compel the attendance of the witnesses and shall have the same subpoena powers as the municipal court.
(D) Powers of the Board. The Zoning Board of Adjustment shall have the powers and exercise the duties of a Board of Adjustment in accordance with Tex. Local Gov’t Code, § 211.008. The Board’s jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to ensure continuing compliance with its decision. The Zoning Board of Adjustment shall have the following powers and duties:
(1) Interpretation. To render an interpretation of the zoning regulations or the manner of which their application where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the administration of this chapter. In reaching its decisions, the Board shall establish firm guidelines for future administrative action on like matters.
(2) Special exceptions. To hear and decide upon those applications for special exceptions when the same is authorized under this chapter subject to Board approval. A special exception shall not be granted by the Zoning Board of Adjustment unless it finds:
(a) That the use is specifically permitted under this chapter;
(b) That the locations of proposed activities and improvements are clearly defined on the site plan filed by the applicant; and
(c) That the exception will be wholly compatible with the use and permitted development of adjacent properties.
(3) Variances. To authorize upon appeal in specific cases such variance from the height, yard area, coverage, and parking regulations set forth in this chapter as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. A variance from the terms of this chapter shall not be granted by the Zoning Board of Adjustment unless it finds that:
(a) 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 the 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 priviledge that is denied by this chapter to other lands, structures or buildings in the same district.
(e) The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
(f) The Zoning Board of Adjustment shall make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(g) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(4) Non-conforming uses.
(a) The Board may permit the reconstruction, extension, or enlargement of a building occupied by a non-conforming use on the lot or tract occupied by the building, and the addition of off-street parking or off-street loading to a non-conforming use.
(b) The Board may require the discontinuance of non-conforming uses or land or buildings under any plan whereby the full value of the buildings and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a non-conforming use of land or structure shall be taken with due regard to the property rights of the persons affected, when in light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of the property.
(c) The Board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation, or maintenance of any non-conforming use within the town.
(E) Appeals to the Zoning Board of Adjustment.
(1) Interpretation. Appeals to the Zoning Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer, agency, department or commission of the town affected by any decision of the administrative official. Such appeals shall be taken within ten business days or such lesser period as may be provided by the rules of the Board, by filing with the administrative official from whom the appeal is taken, and with the Zoning Board of Adjustment a notice of appeal specifying the grounds for appeal. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Adjustment or by a court of record on application, and on due cause shown.
(3) Special exception application. An application for a special exception to use or develop property as specifically authorized in district use regulations or in this section may be filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall be filed with the Board, and a copy thereof with the administrative official.
(4) Form of appeal or application. The appeal or application shall be in such form and contain such information as the Board may require under its rules of procedures. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the Board and shall not be reviewed or scheduled for hearing until brought to completion.
(5) Notice of hearing. Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of the property, or to the person rendering the same for town taxes, affected by such application, located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. Such notice shall be served by using the last known address as listed on the town tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on requests for interpretation of regulations applying to more than one property and ownership shall be given by means of a general notice as provided below. In addition, a list of items on the agenda to be heard by the Board shall be posted at a public place in Town Hall at least 72 hours before the hearing on said items, and a list of agenda items shall be published in a newspaper of general circulation in the Town of Lakeside at least 24 hours before the hearing at which action will be considered.
(F) Hearing and decision.
(1) Generally. The Board shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. Evidence supporting the grant or denial of an appeal shall be submitted only through the administrative official or to the Board in a public meeting. An appeal or application may be withdrawn upon written notice of the administrative official, but no appeal shall be withdrawn after posting of a hearing notice and prior to Board action thereon without formal consent of the Board.
(2) Decision and voting.
(a) Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the Board is authorized to pass under this chapter shall be construed as limitations on the power of the Board to act.
(b) Nothing herein contained shall be construed to empower the Board to change the terms of this chapter, or to effect changes in the zoning districts. The powers of the Board shall be so applied that the terms of this chapter will be strictly enforced.
(c) In exercising the above-mentioned powers, the Zoning Board of Adjustment may, so long as such action is in conformity with the provisions of Tex. Local Gov’t Code, §§ 211.008 through 211.013, modify in whole or in part any order, requirement, decision or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.
(d) The concurring vote of five members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(3) Disqualification from voting.
(a) A member shall disqualify himself from voting whenever he or she finds that he or she has a personal or monetary interest in the property under appeal, or that he or she will be directly affected by the decision of the Board.
(b) A member may disqualify himself or herself from voting whenever any applicant, or his or her agent, has sought to influence the vote of the member on the appeal, other than in the public hearing.
(4) Approval of request.
(a) In approving any request, the Board of Adjustment may designate such conditions in connection therewith in order to secure substantially the objectives of the regulations or provisions to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
(b) When necessary, the Board of Adjustment may require guarantees, in such form as it deems proper, to ensure conditions designated in connection therewith are being or will be complied with.
(c) Unless a building permit or certificate of occupancy is obtained, appeal shall expire 60 days after the Board’s decision unless a greater time is requested in the application and is authorized by the Board. Any approval may be granted one emergency extension of 60 days on written request filed with the Board before expiration of the original approval.
(5) Denial of request. No appeal or application that has been denied shall be further considered by the Board under a subsequent request obtained by filing new plans and obtaining of a new decision from the administrative official unless:
(a) The new plans materially change the nature of the request, or
(b) The permitted development of rather nearby property in the same zone has been substantially altered or changed by a ruling of the Board, so as to support an allegation of changed conditions.
(6) Appeals of Zoning Board of Adjustment action. Any person or persons, or any board, taxpayer, department, commission agency of the town aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record a petition duly certified, setting forth that such decision is illegal in whole or in part, specifying the grounds of such illegality. Shall petition be to the court within ten days after the filing of the decision complained of in the office of the Board of Adjustment, and not thereafter.
(G) Authorized special exception. The following privately owned or privately operated uses may be permitted as special exceptions by the Board of Adjustment in the districts indicated below, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the Board may impose for protection of the public health or safety:
Special Exception | District Where Permitted |
Special Exception | District Where Permitted |
Shared of the same off-street parking areas by two or more uses as follows: a. When two or more uses, according to such approved plan, share the same off-street parking area, each may be considered as having provided such shared space individually. b. The land uses and common parking facility must be located in close proximity to one another. c. The land uses must be located not farther from the shared parking than a distance of 300 feet, measured by a straight line from the nearest point of the land on which the use is served is located to the nearest point of the separated off-street parking space. | C and authorized nonresidential uses located in residential districts |
Off-site parking when the following applies: a. Must be located not farther from the use served than a distance of 300 feet, measured by a straight line from the nearest point of the land on which the use is served is located to the nearest point of the separated off-street parking space. b. A written agreement shall be drawn to the satisfaction of the Town Attorney and executed by all parties concerned assuring the continued availability of the off-site parking facilities for the use they are intended to service. | C and authorized nonresidential uses located in residential districts |
Additional height for parking lot light poles | C and authorized nonresidential uses located in residential districts |
Exceed Illumination of 20 foot-candle for public and semi-public facilities | C and authorized nonresidential uses located in residential districts |
Permit laser source lights, searchlights, floodlights, up-lighting of displays and buildings, and mercury vapor lights | C and authorized nonresidential uses located in residential districts |
Reduction of required parking spaces between 11% and 50% | C and authorized nonresidential uses located in residential districts |
Antenna facilities which do not meet the requirements of § 151.030 | |
Additional height over 60 feet | C and authorized nonresidential uses located in residential districts |
Additional height of accessory building exceeding 12 feet | R1, R2, and MH Districts |
(H) Fees. There shall be a fee assessed for each request for a variance to this chapter, in accordance with the Town of Lakeside fee schedule. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence or in bad faith, or with malice in making the decision appealed.
(Ord. 312, passed 6-22-2010; Ord. 409, passed 5-9-2019)
§ 151.036 DUTIES OF TOWN COUNCIL.
The duties of the Town Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. Under this chapter the Town Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and, of establishing a schedule of fees and charges as stated in § 151.037.
(Ord. 312, passed 6-22-2010)
§ 151.037 FEE SCHEDULE.
The Town Council shall establish a schedule of fees, charges and expenses and a collection procedure for the administration, review and processing of applications regarding the issuance of building permits, certificates of occupancy, zoning change requests, plats, zoning board of adjustment appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the Town Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 312, passed 6-22-2010)
§ 151.038 AMENDMENTS.
(A) Generally. The regulations, restrictions, and district boundaries created by this chapter may be amended from time to time by the Town Council.
(B) Amendment initiation. An amendment to this chapter may be initiated by the Town Council on its own motion or an owner or agent having proprietary interest in any property.
(C) Procedure. Any amendment to this chapter shall require public hearings to be held before the Town Council.
(D) Notice.
(1) When any amendment relates to a change in classification or boundary of a zoning district, written notice of all public hearings before the Town Council on proposed changes and classifications shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice will be given not less than ten days before the date set for hearing, to all owners as the ownership appears on the last approved town tax roll. Such notice may be served by depositing the same, properly addressed, postage paid, in the town post office. Notice shall also be posted along with the agenda for all hearings and related meetings in accordance with the applicable laws of the State of Texas.
(2) When an amendment relates to a change of zoning classification or to the text of this chapter not affecting specific property, notice of the public hearings before the Town Council shall be given by publication in a newspaper of general circulation in the town without necessity of notifying property owners by mail. The notice shall state the time and place of the hearing and the nature of the subject to be considered, which time shall not be earlier than 15 days from the date of publication.
(E) Protest. In case the Town Council does not approve the change, or in case of a written protest against such change, filed with the Town Secretary and signed by the owners of 20% or more, either of the area of the lots included in such proposed change, or of those lying within 200 feet of the property on which the change is requested, the amendment shall not be approved except by the favorable vote of three-fourths of all members of the Town Council.
(F) Frequency of petition. A property owner, lessee, developer or option holder may petition the Town Council for an amendment to the text or district map of this chapter, provided that before any action shall be taken as provided in the section, the party or parties petitioning for amendment shall deposit with the Town Secretary the fee amount stipulated by resolution of the Town Council to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of such proposed amendment to be enacted into law. A party shall not initiate the same action for a zoning amendment or specific use permit affecting the same land more often than once every 12 months.
(Ord. 312, passed 6-22-2010)
§ 151.039 VIOLATIONS AND PENALTIES.
(A) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He or she shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.
(B) Penalties for violation. Any person, firm, association of persons, corporation, or other organization who shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000. Each day a violation of this chapter shall continue shall constitute a separate offense. Nothing herein contained shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 312, passed 6-22-2010)
§ 151.040 PLANNING AND ZONING COMMISSION.
(A) Purpose. The purpose of the Planning and Zoning Commission is to act as an advisory board on all matters relating to zoning, city planning, and development applications.
(B) Functions. To prepare and keep updated the town's master plan to ensure orderly growth, and preserve the unique character of the community. A quorum is required to conduct business. A super majority vote by the Council is required to overturn a majority recommendation by the Planning and Zoning Commission on zoning-related matters.
(C) Duties.
(1) Initiate and conduct planning sessions to proactively address needed changes within the community relating to the master plan including, but not limited to, thoroughfare plan, property zoning/rezoning, and future development.
(2) Recommend boundaries for initial zoning districts and appropriate zoning regulations.
(3) Take a proactive role in drafting, reviewing and making recommendations to the Town Council relating to new zoning ordinances, amendments to existing zoning ordinances, and thoroughfare planning.
(4) Make preliminary reports and hold public hearings prior to submitting proposals to the Town Council as they relate to zoning and environmental quality issues.
(5) Receive, review and take appropriate action on all platting and subdivision proposals.
(D) Accountability. The Planning and Zoning Commission is accountable to the Mayor and Town Council. The Mayor and Town Council will determine if the committee is functioning properly and accomplishing the defined duties and responsibilities.
(E) Qualifications; composition; tenure. Members of the Commission must be qualified voters of the city and shall remain eligible to vote during their tenure on the Commission. Five regular members plus two alternates nominated by the Mayor and appointed by the Town Council. The chairman and vice-chairman are appointed by the Town Council and shall serve one-year terms. They may serve two-year terms with no term limits. Members serve at the pleasure of the Town Council.
(Ord. 312, passed 6-22-2010)