A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin.

A public hearing may be recessed and continued any time after the hearing has commenced.

If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall be sufficient notice and no additional notice is required.

Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance.

In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one (1) time, an additional fee shall be required to cover the reasonable costs to the City, including the cost of any additional advertising cost and the cost of the City's consultants due to the postponement.

If the applicant is not present at a meeting where the request is being considered and the request cannot be considered, then an additional fee shall be required.

Report by the City representative;

Open Public Hearing;

Presentation by the applicant;

Testimony and questions by the public;

Rebuttal by the applicant;

Closure of the public hearing.

Text Amendments to this ordinance.

Zoning Changes and Map Amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments.

Reserved.

Amendments to the Comprehensive Plan.

Amendments to the Thoroughfare Plan.

Amendments to the Open Space Plan.

Exceptions and appeals as may be set out in this ordinance.

The Council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. However, when a proposed zoning request is heard by the City Council that has been denied by the Planning and Zoning Commission, a three-fourths (3/4) majority vote by the city council shall be required for approval.

Approval of any request for a text amendment to this ordinance or a zoning change and map amendment shall be granted only if the Council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of this ordinance. In the event the request or amendment concerns a text amendment to this ordinance or a zoning change and map amendment, the Council shall enact an ordinance amending this ordinance or amending the official Zoning Map, whichever is applicable.

The Council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion thereof, for a period of one (1) year from the date of its denial by the Council. If a request or amendment is denied by the Council without an indication of "with" or "without" prejudice, then the action shall be considered to be "denied with prejudice."

The Council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion.

A proposal to rezone a tract or parcel of land which has been previously rejected by the Council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the Director of Community Development, in writing, a resume describing such changed conditions. The Director shall investigate the property or cause such an investigation to be made and shall report to the Planning and Zoning Commission whether or not such changed conditions exist. Upon hearing this report, the Planning and Zoning Commission shall either grant or deny the request to refile the proposal for rezoning.

The Planning and Zoning Commission shall consist of five (5) members to be appointed by the City Council, and shall hold their office for a term of two (2) years on a rotating basis. In the event that a vacancy occurs on the Planning and Zoning Commission prior to the expiration of a full term, the City Council shall appoint a new member to complete the unexpired term. Any member of the Commission may be reappointed by the City Council upon completion of a full term.

Each member of the Planning and Zoning Commission shall be a resident of the City of Lancaster at the time of his/her appointment. A member of the Planning and Zoning Commission ceasing to reside in the City during his/her term of office shall immediately forfeit the office.

Any member of the Planning and Zoning Commission may be removed from office without cause by the City Council to be sufficient for removal of the member. If a vacancy should exist in the Planning and Zoning Commission membership due to removal from office, resignation, death, refusal or inability to serve, the City Council shall appoint a new member to fill the vacancy for the unexpired term.

To advise the City Council and make recommendations concerning adoption of, or amendments to, zoning regulations and the zoning map;

To advise the Council and make recommendations concerning adoption of, or amendments to the City's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof;

To oversee the City's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the Council on matters pertaining to public improvements, traffic, utility extensions and the provision of public facilities and services, in order to implement the City's Comprehensive Plan;

To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance, including the granting of Exceptions;

To approve certain matters relating to platting and recording of subdivisions as dictated by the City's ordinances and this ordinance;

To select a Planning and Zoning Commission Chair;

To call public hearings to initiate amendments to this Code in accordance with State law; and

Other duties as may be prescribed by ordinance or State law.

The Planning and Zoning Commission shall elect a Chairman, [and] Vice-Chairman as soon as practicable after the appointment of members. The Vice-Chairman is to preside in the absence of the Chairman. Both the Chairman and Vice-Chairman shall vote on every item unless prohibited by law. The Zoning Administrator shall serve as the Secretary of the Planning and Zoning Commission.

Prior to making its report to the city council, the Planning and Zoning Commission shall hold at least one (1) public hearing on each application. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, as indicated by the most recently approved tax roll, located within the area of application and within two hundred (200) feet of any property affected thereby, within not less than ten (10) days before such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States mail. Notice of hearings on proposed changes in the text of the Comprehensive Zoning Ordinance shall be given by publication in the official newspaper of the city, or a newspaper of general circulation in the city, before the 15th day before the date of the hearing before the city council. If the Planning and Zoning Commission finds that the proposed changes in the zoning regulations contained in the text of the comprehensive zoning ordinance will have a substantial impact on the development rights of property owners in the zoning districts being affected by the proposed changes, the commission may also require written notice to the property owners in the same manner as notice is given on proposed changes in district boundaries. If the commission does not so find, it may provide for notice of its public hearing by publication in the same manner as notice is given for the public hearing by the city council.

Such Exception will not substantially or permanently injure the appropriate use of adjacent property in the same district; and

Such Exception will not adversely affect the health, safety or general welfare of the public; and

Such Exception will not be contrary to the public interest; and

Such Exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the Exception is sought is located, except as provided elsewhere in this ordinance; and

Such Exception will be in harmony with the spirit and purpose of this ordinance; and

Such Exception will not alter the essential character of the district in which is located the property for which the Exception is sought; and

Such Exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and

Such Exception is within the spirit and intent of the City's Comprehensive plan and other policies.

The Board shall consist of five (5) citizens each to be appointed or reappointed by the Mayor and confirmed by the city council for staggered terms of two (2) years respectively. Each member of the Board shall be removable for just cause by city council upon written charges and after public hearings. Vacancies shall be filled by the city council for the unexpired term of any member whose term becomes vacant.

The city council may appoint up to four (4) alternate members of the Board who shall serve in the absence of one (1) or more regular members when requested to do so by the mayor or city manager. These alternate members, when appointed, shall serve for the same period as regular members when requested to do so by the mayor or city manager. These alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled in the same manner and shall be subject to removal as regular members[.]

The Director, or his authorized representative, shall act as secretary of the Zoning Board of Adjustment and shall set up and maintain a separate file for each application for appeal and Variance received and shall record therein the names and addresses of all persons, firms and corporations to whom notices are mailed, including the date of mailing and further keep a record of all notices published as required herein. All records and files herein provided for shall be permanent and official files and records of the City.

The Board of Adjustment, by majority vote, shall adopt such procedural rules as are necessary to execute its duties.

The Board of Adjustment shall annually select one of its members to be the Chairman, and the Vice-Chairman to act in the absence of the Chairman.

All cases before the Board of Adjustment must be heard by at least four members.

Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board may determine. Such Chairperson, or in his/her absence the acting chairperson, shall administer oaths and compel attendance of witnesses.

All meetings of the Board shall be open to the public as provided by State law.

The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its other official actions, all of which shall be filed in the office of the Board and shall be a public record.

The Secretary of the Board shall forthwith notify in writing the City Council, the Planning and Zoning Commission and the City Building Official of each decision, interpretation and Variance granted under the provisions of this ordinance.

The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt and may require the production of documents under such regulations as it may establish.

The Board shall consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by this ordinance or by any officer, department, Board or division of the City affected by any decision of the administrative officer. Such appeal shall be received within fifteen (15) calendar days after the decision has been rendered by the administrative officer, by filing with the officer whose decision is being appealed and with the Board of Adjustment, a notice of appeal specifying the grounds of the appeal and the City's required fee.

The officer from whom the appeal is taken shall forthwith transmit to the Board, all papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings of the action which has been appealed, unless the officer from whom the appeal is taken, certifies to the Board that a stay would, in the officer's opinion, cause imminent peril to life or property.

In such case, proceedings shall not be stayed unless there is a restraining order granted by the Board or by a court of competent jurisdiction on application, and notice is given to the officer whose decision is the subject of appeal.

The Board may permit such variances of the height, yard, area, coverage and parking regulations 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 as provided by State law.

The Board may not permit the expansion or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building.

The Board may not authorize a change of use from one nonconforming use to another nonconforming use.

Upon request by city council or upon its own initiative, the Board of adjustment may establish a termination date for a nonconforming use. Such termination date shall provide that the owner's actual investment in the structure made legally prior to the use became nonconforming, can be amortized within a definite time period. In connection with establishing a reasonable time period, the Board may consider the amount of the investment realized to date, and the amount remaining, if any, to be recovered during the amortization period, the life expectancy of the investment, the existence or nonexistence of lease obligations, removal costs directly attributable to the establishment of a termination date, and other costs and expenses directly attributable to the establishment of a termination date. Nonconformity as to parking shall not be subject to termination under this section. The procedure for termination of a nonconforming use shall be as established by the rules and regulations of the Board and shall include procedures for the giving of notice, the holding of a public hearing, and the rendition and transmittal of a decision to the property owner.

The Board is not authorized to permit or approve any request that would be in violation of any other ordinances or City regulations that would prohibit such improvement or construction to be made.

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.

The Variance or request for relief is not a self-created hardship.

Such Variance or request for relief will not substantially or permanently injure the appropriate use of adjacent property in the same district; and

Such Variance or request for relief will not adversely affect the health, safety or general welfare of the public; and

Such Variance or request for relief will not be contrary to the public interest; and

Such Variance or request for relief will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the Variance is sought is located, except as provided in Section 10.3 [subsection (c)] above; and

Such Variance or request for relief will be in harmony with the spirit and purpose of this ordinance; and

Such Variance or request for relief will not alter the essential character of the district in which is located the property for which the Variance is sought; and

Such Variance or request for relief will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and

The plight of the owner of the property for which the Variance or Exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.

In exercising its powers, the Board, may, in conformity with the provisions of the Local Government Code, revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from, and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant.

The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to affect [effect] any Variance in the ordinance.

Any Variance authorized by the Board, either under the provisions of this ordinance or under the authority granted to the Board under the statutes of the State, shall allow for the issuance of a building permit or a certificate of occupancy or other relief as the case may be for a period of ninety (90) days from the date of the favorable action on the part of the Board, unless the Board in its minutes shall, at the same time, grant a longer period and the affected property owner complies with all other applicable ordinances.

If a building permit or certificate of occupancy has not been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the Order granting relief shall be deemed waived; and all rights granted under the Order terminated. The Board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown.

Such termination and waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules, and regulations regarding appeals.

In considering the request for exception to requirements of this article [Article 12.00], the Sign Control Board shall consider, but not limited to:

In considering an Exception from the area or height limitations of this article [Article 12.00], the Sign Control Board shall consider the proximity of nonconforming existing signs to the location of the requested Exception and the area and height of such nonconforming signs.

The Sign Control Board may discuss the planning of signage in new or existing developments upon the request of the developer.

The Sign Control Board shall perform any duties specified elsewhere in this article [Article 12.00], including, from time to time, recommendations to City Council for changes or amendments to this article [Article 12.00].

There is hereby created the Lancaster Historic Landmark Preservation Committee, under the authority granted to municipalities in Section 211 of the Texas Local Government Code, hereafter referred to as the [sic] or as the HLPC.

The HLPC shall consist of five (5) members and one (1) alternate to be appointed by the Planning and Zoning Commission and confirmed by the City Council. Of the five (5) members of the HLPC, at least three (3) shall have experience and/or expertise in the following fields: architecture, planning, landscape architecture, building construction or real estate appraisal. At least one member shall be a member of the Lancaster Historical Society. At least one member shall be the owner of a designated historic landmark or property within an historic district. All HLPC members shall be residents of the city and shall have a demonstrated interest in or knowledge of historic preservation practices and principles.

HLPC members shall serve for terms of two (2) years with three (3) members' terms expiring in odd-numbered years and two (2) members' terms expiring in even-numbered years.

The Chairperson and Vice-Chairperson of the HLPC shall be elected annually following appointment of new members, by and from the members of the HLPC.

The HLPC shall meet at least monthly, if business is at hand. Special meetings may be called any time by the Chairperson, the City Council, the Planning and Zoning Commission, or on the written request of any two (2) HLPC members. All meetings shall be held in conformance with the Texas Open Meetings Act.

A quorum for the transaction of business shall consist of three (3) members. Issues shall be decided by the vote of a simple majority of the members present.

Minutes of each meeting shall be filed in the office of the Historic Preservation Officer (HPO).

Prepare rules and procedures as necessary to carry out the business of the HLPC. Rules and procedures shall be filed in the office of the Historic Preservation Officer (HPO).

Adopt criteria for the designation of historic, architectural and cultural landmarks and the delineation of historic districts, which shall be recommended to the Planning and Zoning Commission for subsequent submittal to the City Council.

Conduct surveys and maintain an inventory of significant historic, architectural, archeological and cultural landmarks and all properties located in historic districts within the City.

Recommend to the Planning and Zoning Commission for subsequent submission to the City Council the conferral of recognition to the owners of designated historic landmarks or properties within designated historic districts by means of certificates, plaques or markers.

Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.

Recommend the designation of sites, buildings, structures, objects or areas as landmarks and historic districts.

Make recommendations to the Planning and Zoning Commission for subsequent submission to the City Council concerning the utilization of funds and funding methods such as tax deferments, grants, fees, donations or other means to promote the preservation and vitality of landmarks and historic districts within the City.

Review and make recommendations on applications for Certificates of Appropriateness and Certificates of Economic Hardship.

Create ad-hoc committees from among its membership and delegate to these Committees responsibilities to carry out the purposes of this ordinance.

Maintain written minutes which record all actions taken by the HLPC and the reasons for taking such actions.

Prepare and submit to the Planning and Zoning Commission and for subsequent submission to the City Council periodic or special reports summarizing the status of landmarks and historic districts and the HLPC's work and accomplishments.

Prepare specific design guidelines for the review of landmarks and historic districts.

Recommend the acquisition of landmark structures by the City where their preservation is essential to the purpose of this act and where private preservation is not feasible.

Recommend to the Planning and Zoning Commission for subsequent submission to the City Council acceptance of donations of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation.

An historic landmark is defined as an individual site, building, object or structure, designated by ordinance of the City Council, that is worthy of rehabilitation, restoration and/or preservation for its historic, cultural and/or architectural significance to the City of Lancaster.

An historic landmark shall be designated as follows:

An historic district is an area of the city designated by ordinance of the City Council which possesses within definable geographic boundaries a significant concentration, linkage or continuity of sites, buildings or structures united historically or aesthetically by plan or physical development.

An historic district shall be designated as follows:

Sites, buildings, objects and structures designated as Historic Landmarks in the City of Lancaster: are set forth in Appendix "A," which is attached hereto and incorporated herein by reference.

Areas designated as Historic Districts within the City of Lancaster are set forth in Appendix "B," which is attached hereto and incorporated herein by reference.

Occupancy and use of a building hereafter erected or structurally altered.

Change in zoning classification or building use and occupancy classification of an existing building or space used for commercial purposes to a use of a different classification.

Occupancy and use of vacant land, except agricultural use.

Any change in the use of a nonconforming use.

Any change in tenancy of a structure or space used for commercial purposes.

Any change in ownership of any commercial building or structure.