(a)

Application. An application for a building permit shall be obtained from the staff and shall contain the following minimum information:

(1)

Name, mailing address, and contact telephone number of the applicant and of the property owner, if not the same.

(2)

Street address and legal description of the property for which the permit is to be obtained. The legal description, with the recordation data, shall be determined from a copy of a deed presented by the applicant if there is any question on the part of the city as to the legal description or ownership.

(3)

Zoning district of the property for which the permit is to be obtained.

(4)

Statement of the type and scope of work to be done.

(5)

The application shall be accompanied by maps and plans as specified in section 64-162. Such maps and plans shall become a part of the application.

(6)

The applicant shall attest to the accuracy of all information given on or accompanying the application.

(7)

There shall be a separate application for each building or structure to be constructed, erected, installed, or altered, except for accessory buildings and appurtenances which may be included in the permit for the major structure when construction is concurrent.

(b)

Processing.

(1)

The application and accompanying information shall be presented in three complete copies to the appropriate clerk during normal business hours. The clerk shall note on all copies of the application, one of which is to be returned to the applicant, the date on which the completed application is received.

(2)

Within ten full business days of the date the application is received, or as soon thereafter as reasonably possible, the request shall be reviewed by the building official and either a building permit issued or the application denied; provided, however, should the building official determine that the project is of such complexity, or that the application lacks sufficient information, whereby more days are required to fully review and approve such application, he shall notify the applicant of the delay no later than the tenth business day. Notification of the delay by telephone shall be deemed sufficient notification. The building official shall estimate the number of additional days reasonably necessary to approve and issue the permit, and shall so inform the applicant. Under no circumstances will an application for a building permit be considered automatically approved without proper and sufficient review and issuance by the building official.

a.

If the application is in full compliance with this chapter and all provisions of the building codes, the applicant shall be notified by telephone that the building permit will be issued.

b.

If modification of the application and/or accompanying information is required to bring the request into full compliance, as above, the application shall be denied, and the applicant notified by telephone. The applicant shall be given a list of all corrections required to bring the request into full compliance.

c.

The applicant may modify the request to provide full compliance or may appeal to the board in writing that the denial is contested, specifying reasons therefor, and requesting relief.

(3)

If completion of some other zoning action is required to effect the issuance of a building permit, such action must be completed prior to the application for a building permit.

(4)

If the request is approved or upon receipt by the building official of a written order for issuance by the board, and upon payment of the required fee, the building permits shall be issued.

(5)

A building permit is valid for six full months. If work described or permitted by any building permit has not begun within six full months from the date of issuance thereof, such permit shall be automatically revoked, and no work shall begin until a new building permit has been issued, or unless the existing permit is renewed in accordance with subsection (6) below.

(6)

A building permit may be renewed for two additional, consecutive full six-month periods only upon written request by the permit holder, presentation of the original dated approved application, and payment of the appropriate renewal fee, if any. Such written request shall be submitted to, and must be received by, the building official within ten calendar days of the expiration of any six-month period. If a permit is not renewed by the prescribed deadline, then such permit shall be automatically revoked, and no work shall begin until a new building permit has been applied for and issued. Any construction not completed within 18 full months of the issue date of the original building permit shall require the application for, and issuance of, a new building permit and payment of the appropriate fee. No renewals shall be approved beyond 18 months of the original permit issue date.

(7)

A building permit shall be revoked and/or a stop work order issued by the building official at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications, or conditions as required under terms of the permit; that the same was procured by false representation; was issued in error; or that any of the provisions of the building codes or of the zoning chapter are being violated.

(8)

The building official shall issue a stop order upon the failure, refusal, or neglect of any owner, their agent, contractor, or duly authorized representative to secure such permit and pay the prescribed fee as herein provided.

(9)

Any revocation or order to stop may be served upon the owner, their agent or contractor, or upon any person employed upon the building or structure for which the permit was or should have been issued. Thereafter no construction shall proceed until the revoked building permit is reinstated or until a building permit has been issued.

(10)

Building permits shall be displayed such that they are protected from weather and vandalism and will be visible when facing the structure from the street and until such time as the final inspection and approval of the improvements has been accomplished by the building official.

(Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 94-03, pt. 1(3)—(6), 2-1-94; Code 1982, § 28-5-1)

(a)

Required. To utilize a tract for those purposes which are permitted as specific uses within each zoning district, a specific use permit is required from the commission.

(b)

Application.

(1)

The application for a specific use permit must be made by the title holder or their attorney in fact.

(2)

An application for a specific use permit shall be obtained from the staff, and shall contain the following minimum information:

a.

Name, mailing address, and contact telephone number of the applicant.

b.

Street address and legal description of the property for which the permit is to be obtained. The legal description, with recordation data, shall be determined from a copy of a deed presented by the applicant if there is any question on the part of the city as to the legal description or ownership.

c.

Zoning district of the property for which the permit is to be obtained.

d.

Statement of the use which will be made of the property and of proposed modification to the property or structures located thereon.

e.

The application shall be accompanied by maps and plans as specified in section 64-163. Such maps and plans shall become a part of the application.

f.

The applicant shall attest to the accuracy of all information given on or accompanying the application.

(c)

Processing.

(1)

The application, accompanying information, and the nonrefundable filing fee shall be submitted after consultation with the zoning administrator.

(2)

The zoning administrator shall review the application for completeness and for compliance with this chapter. Should additional information or modification to the application be necessary to provide compliance, the zoning administrator shall assist the applicant to make such changes.

(3)

Should the application be in obvious violation of this chapter or should the applicant refuse to make necessary modifications to bring the application into compliance, the zoning administrator shall deny such application and provide the applicant with a written statement as to the reason or reasons for such denial. Upon such denial, the applicant may appeal to the board in writing that the denial of the application for processing is contested, specifying reasons therefor, and requesting relief.

(4)

Upon completion of review of the application and finding the application to be correct, or upon receipt of a written order from the board setting aside such denial by the zoning administrator, the following actions shall be initiated:

a.

The building official shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract that is within 200 feet of any portion of the property for which the permit is requested.

b.

The zoning administrator shall determine the date of the next meeting of the commission, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the commission, and schedule a public hearing thereon.

c.

The city secretary shall send a letter to each of the property owners, as above and including the applicant, stating the purpose of the permit; street address of the property for which a permit is requested; date, time, and place of the public hearing before the commission; and that comment about the request must be made in writing or verbally before the commission. The notification letters deposited at the post office as ordinary mail not less than two weeks prior to the meeting of the commission shall constitute constructive notice.

d.

The city secretary shall cause to appear in the public notice section of a local newspaper a notice of a meeting of the commission. This notice shall appear not less than ten calendar days prior to the meeting date. The notice shall contain the date, time, and place of the public hearing; street address of the property for which the permit is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the commission.

e.

The agenda of the commission which includes such public hearing shall be posted in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551).

(5)

The staff shall prepare a statement for presentation at the public hearing before the commission. The statement shall contain as a minimum:

a.

Any pertinent information bearing on the application that may not be evident from the application.

b.

Impact of approval of the request upon utility service, streets and parking, and upon the local area.

c.

Any recommendations for modifications or any stipulations should the request be approved.

(6)

Commission action.

a.

The commission shall hold a public hearing pertaining to the application and shall receive comment in writing or verbally, including the staff recommendation.

b.

The commission may establish reasonable conditions of approval such as:

1.

Requirements for special yards, lot sizes, open spaces, buffers, fences, walls, or screening;

2.

Requirements for installation and maintenance of landscaping or erosion control measures;

3.

Requirements for street improvements and dedications;

4.

Control of vehicular access, parking, and traffic circulation;

5.

Limits on signage;

6.

Limits on hours or other characteristics of operation;

7.

Establishment of development schedules or time limits for completion or for the duration of the permit; and

8.

Any other conditions the commission may deem necessary to ensure compatibility with surrounding uses and to preserve the public health, safety, and general welfare.

c.

A specific use permit may be denied if:

1.

The proposed development or use does not conform with the applicable regulations and standards established in this chapter;

2.

The proposed development or use fails to conform with the objectives and the purpose of the zoning district where it is located;

3.

The proposed development or use potentially creates greater unfavorable effects or impacts on other existing uses on abutting sites than those which reasonably may result from the use of the site by a use allowed by right;

4.

A written protest is received from the owners of at least 30 percent of the land area within 200 feet of the subject property; or

5.

The proposed development is contrary to the public health, safety, or general welfare.

d.

The commission shall by majority vote approve, approve with modification and/or condition, or deny the application. Specific use permits shall remain in effect for the duration of the authorized development or use on the premises for which they are granted unless an expiration date or time limit is established by the commission at the time of approval in accordance with subsection b, above.

e.

Any person or persons, jointly or severally, aggrieved by the commission's denial, approval, or condition of approval of any application, may submit in writing a request for an appeal to city council. Such request must be submitted to the zoning administrator within ten calendar days of the commission's action, and the same public hearing notice requirements shall apply to the appeal as applied to the original application. The appeal shall be forwarded to the council together with a record of the commission hearing and decision.

f.

The council shall consider an appeal of the planning and zoning commission's decision at a public hearing scheduled at the earliest regular council meeting for which all notification requirements can be met after the appeal is submitted. The council shall uphold, modify, or reverse the decision of the commission.

(Ord. No. 90-03, pt. 2, 3-6-90; Ord. No. 94-03, pt. 1(7), 2-1-94; Code 1982, § 28-5-2; Ord. No. 97-21, § III, 10-7-97; Ord. No. 98-15, § I, 7-7-98)

(a)

Action required to rezone one or more tracts of land from one or more zoning districts to another zoning district or districts may be initiated by any landowner or group of landowners, by the commission, or by the council.

(1)

Any individual landowner seeking to change the zoning of a tract to another zoning district shall make application with the zoning administrator as stipulated below.

(2)

Any group of landowners seeking to have all tracts rezoned to the same zoning district shall select an agent to act in their behalf and petition the council in writing for such rezoning. Upon receipt of such request, the council shall proceed as if the action were initiated by the council.

(3)

Any group of landowners seeking to change the zoning of tracts or portions of tracts into various zoning districts must apply for such rezoning as individuals.

(4)

The commission may initiate a change in zoning by making a request to the council. Upon receipt of the request, the council may proceed as if the application were initiated by the council.

(5)

The council may initiate a change in zoning. The council shall provide the zoning administrator with sufficient instructions to initiate the application including accurate determination of the tract, tracts, or area for which rezoning is desired, along with the appropriate zoning district or districts requested.

(b)

Application.

(1)

The application for a rezoning request must be made by the titleholders, their attorney in fact, an agent as in subsection (a)(2), or the council.

(2)

An application for a rezoning request shall be obtained from the staff, and shall contain the following minimum information:

a.

Name, mailing address, and contact telephone number of the property owners, their attorney in fact, or an agent as in subsection (a)(2).

b.

Legal description and street or mailing address, if any, of the property for which the rezoning is requested. A copy of the deed to the property, with recording data, and a copy of any power of attorney must be included as a part of the application.

c.

The application shall be accompanied by maps and plans as specified in section 64-164.

d.

Current zoning district or districts.

e.

Requested zoning district or districts. Such district or the limits of various districts requested shall be shown on the accompanying maps and plans.

f.

The applicant shall attest to the accuracy of all information given on or accompanying the application.

(c)

Processing.

(1)

Upon application by landowner:

a.

After consultation with the zoning administrator, the application, accompanying information, and the nonrefundable filing fee shall be submitted by the applicant.

b.

The zoning administrator shall review the application for completeness and compliance with this chapter. Should additional information or modification to the application be necessary, the zoning administrator shall assist the applicant to make such changes.

(2)

Upon application by council:

a.

The zoning administrator shall have a map prepared to an appropriate scale which shall show the owner of each tract within the area to be rezoned as well as the current and the proposed zoning district or districts of each tract.

b.

The zoning administrator shall verify with the agent of the several owners that the map is correct with respect to ownership and zoning district requested or with the mayor and/or commission chairman, as appropriate, as to delineation of the zoning districts shown thereon.

(3)

The zoning administrator shall then initiate the following actions:

a.

Preparation of a list, using a current tax appraisal map and the current city tax roll, of all owners of any property within the area to be considered for rezoning and within 200 feet of such area.

b.

Determination of the date of the next meeting of the commission, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the commission, and schedule a public hearing thereon.

c.

Mailing a letter to each of the property owners, as above and including the applicant, stating the purpose of the request; street address of the property for which rezoning is requested; date, time, and place of the public hearing before the commission; and that comment about the request must be made in writing or verbally before the commission. The notification letters deposited at the post office as ordinary mail not less than two weeks prior to the meeting of the commission shall constitute constructive notice.

d.

Publication of a notice in the public notice section of a local newspaper such that it will appear not less than ten calendar days prior to the meeting of the commission stating the date, time, and place of the public hearing; street address of the property for which the rezoning is requested; purpose of the request; and that comment about the request must be made in writing or verbally before the commission.

e.

Posting of the commission agenda in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551).

f.

At least 15 days prior to the hearing a legible sign shall be placed at the front or in the front yard of the property, adjacent to a street. The sign shall read: "zoning change requested for this property. For more information call city hall" and shall list the telephone number. The applicant requesting the change shall authorize the city to install said sign by their written application. However, the placement, erection, or continued maintenance of the sign shall not be deemed a condition necessary for the holding of any public hearing or the granting or denial of any zoning change.

(4)

The staff shall prepare a statement for presentation at the public hearing before the commission. The statement shall contain as a minimum:

a.

Any information bearing upon the request that may not be evident from the application.

b.

Impact of approval of the zoning change upon utility service, drainage, streets, parking, police protection, and fire protection in the local area.

(5)

Commission action.

a.

The commission shall hold a public hearing pertaining to the rezoning request and shall receive comment in writing or verbally.

b.

The commission shall consider the staff statement.

c.

The commission shall recommend in writing to the council that the rezoning request should be approved, approved with modification, or denied.

(6)

Council action.

a.

The city secretary shall include in the notification letters and newspaper announcement concerning the public hearing before the commission that a public hearing will also be held before the council. The date, time, and place of such hearing before the council will be given. The zoning administrator shall schedule such hearing to be an agenda item at the next regular council meeting following action by the commission.

b.

The council shall hold a public hearing to receive comments in writing or verbally, shall consider the staff statement, shall review the minutes of the commission meeting concerning such request, and shall consider the recommendation of the commission.

c.

The council shall approve, approve with modification, or deny the request.

d.

A majority vote of the council members present shall enact the council decision unless a proposed change in zoning is protested in written form. and signed by the owners of at least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.

e.

A written protest must be on a form obtained from the city and entitled "written protest of proposed zoning change" or in a letter or petition containing the same information as required on the form, and must be completed, signed, and filed no later than two working days prior to the posted beginning of the city council public hearing, as stated on the written notice. Protests totaling at least 20 percent of either the area of the lots or land covered by the proposed change, or the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area, shall require the proposed change to receive, in order to take effect, the affirmative vote of at least three-fourths of all members of the city council.

(7)

Subsequent actions.

a.

Should there be any objection to the council action, the objecting parties must apply within ten days to a court of competent jurisdiction for relief and shall so notify the zoning administrator that such action is being taken.

b.

If notice has not been received of such an appeal within ten full days of the council action, the zoning administrator shall have published in the public notice section of a local paper the action of the council and the areas and zoning district provided for the areas, unless the provisions for areas and zoning districts are the same as appeared in the announcement of the public hearings, in which case only the action and ordinance number are required.

c.

The zoning administrator shall have the official zoning map amended as provided in subsection 64-31(h).

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-5-3; Ord. No. 98-03, § I, 2-17-98)

(a)

A variance is an appeal by the applicant that a grant of relief be made from a specific requirement of the zoning chapter where strict enforcement would prohibit any practical or reasonable use of the property in accordance with its zoning classification. The board of adjustment may grant a variance upon making findings that the evidence submitted by the applicant demonstrates that all of the following conditions exist:

(1)

The variance arises from such condition that is unique to the property in question, where such condition was not created by an action of the property owner, occupant, or applicant.

(2)

The particular physical surroundings, shape, or topographical condition within or adjacent to the property would result in a practical difficulty or unnecessary hardship or inequity upon or for the owner or occupant, as distinguished from a mere inconvenience, if the provision in question were literally enforced.

(3)

The request for a variance is not based exclusively upon a desire of the owner or occupant for increased financial gain from the use of the property, or to reduce a personal financial hardship.

(4)

The variance will not alter the essential character of the zoning district within which the property is located, and is in harmony with the intent and purposes of this chapter.

(5)

The granting of the variance will not adversely affect the public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same zoning district.

(6)

The degree of variance requested is the minimum amount necessary to allow a reasonable use of the property.

(b)

Variances may be granted only in the following instances:

(1)

To vary the applicable lot area, lot width or frontage, and lot depth requirements, provided that such reduction shall not exceed 30 percent of the standard minimum for the zoning district within which the tract is located.

(2)

To vary the minimum building setback requirements, lot coverage, or maximum permitted building height.

(3)

To vary the regulations pertaining to required off-street parking or loading.

(4)

To vary the requirements pertaining to the restoration of damaged or destroyed nonconforming buildings.

(5)

To vary the standards for manufactured homes.

(6)

To vary the standards for sexually-oriented businesses.

(7)

To vary the standards for wireless telecommunication facilities.

(8)

To vary the nonresidential appearance standards.

(9)

To vary the standards for portable food service establishments.

(c)

Procedures.

(1)

Application.

a.

The application for a variance must be made by the property owner or their authorized agent.

b.

The application will contain the same minimum information as in subsection 64-126(a)(1) for a building permit application.

c.

The application will include the specific variance requested and the reason as to why adhering to the zoning ordinance and/or building codes will constitute an exceptional difficulty or hardship upon the owner of the property.

(2)

Processing.

a.

After consultation with the city staff, the application, accompanying information, and the nonrefundable filing fee shall be submitted.

b.

The zoning administrator shall review the application for completeness and for compliance with this chapter. Should additional information or modification to the application be necessary to provide compliance, the zoning administrator shall assist the applicant to make changes.

c.

Upon completion of review of the application and finding the application to be correct, the following actions shall be initiated:

1.

The building official shall prepare a list, using the current tax appraisal map and the current city tax roll, of all owners of any portion of a tract that is within 200 feet of any portion of the property for which the variation is requested.

2.

The zoning administrator shall determine the date of the next meeting of the board, not less than three full weeks and not more than seven full weeks from the date of the application, place such request on the agenda of the board, and schedule a public hearing.

3.

The city secretary shall send a letter to each of the property owners, as above and including the applicant, stating the purpose of the request; street address of the property for which a variance is requested; date, time, and place of the public hearing before the board; and that comment about the request must be made in writing or verbally before the board. The notification letters, deposited at the post office as ordinary mail, not less than two weeks prior to the meeting of the board, shall constitute constructive notice.

4.

The city secretary shall cause to appear in the public notice section of a local newspaper a notice of a meeting of the board. This notice shall appear not less than ten calendar days prior to the meeting date. The notice shall contain date, time, and place of the public hearing; street address of the property for which the variance is requested; purpose of the request; and a statement that any comment about the request must be made in writing or verbally before the board.

5.

The agenda of the board which includes such public hearings shall be posted in a public location at city hall in accordance with the Texas Open Meetings Act (V.T.C.A., Government Code ch. 551).

d.

The city staff shall prepare a statement for presentation at the public hearing before the board. The statement shall contain as a minimum:

1.

Any pertinent information bearing upon the application that may not be evident from the application.

2.

Compliance of the request with subsections (b) and (c) above, and impact of approval of the request upon utility service, streets and parking in the local area.

3.

Any recommendations for modifications or any stipulations should the request be approved.

e.

The board, upon completion of the public hearing and after deliberation, shall make a determination for approval, approval with modifications, any stipulations upon approval, or for denial. See subsections 64-95(c) and (d).

f.

The board may condition approval of a variance upon compliance with reasonable stipulations including but not limited to provisions for increased open space, vehicular access, off-street parking and loading, landscaping, screening, signage, curbing, sidewalks, hours of operation, and/or a temporary time ending on a date after which the variance expires and is no longer valid. Failure to meet such stipulations shall constitute a violation of this chapter.

g.

Any person aggrieved by the action of the board may appeal such action as provided by subsection 64-95(e).

h.

Should such request be denied or should the applicant reject any modifications or stipulations attached to the approval of the request, another request for the same or a similar variance for the same property or a portion of the same property shall not be submitted for a full six months. Further, if the permitted variance is not accepted and used within 12 full months of approval, such variance becomes automatically void.

i.

No application for a variance may be submitted when some other zoning action concerning the subject tract is pending. However, a request for a zoning variance may be submitted concurrently with a subdivision plat.

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-5-4; Ord. No. 99-03, § III, 2-16-99; Ord. No. 2013-15, § I, 6-18-13)

(a)

A special exception is permission given in special cases for an applicant to use their property in a manner contrary to the provisions of this chapter, provided that such use shall serve the general welfare and preserve the community interest.

(b)

Special exceptions shall not be granted if such exception:

(1)

Is contrary to the public interest.

(2)

Will adversely affect public health and safety.

(3)

Will substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

(4)

Will alter the essential character of the zoning district within which the property is located.

(c)

Special exceptions may be granted only in the following instances:

(1)

To permit a nonconforming use to be changed to another nonconforming use provided that the new use complies with all other applicable requirements of this chapter.

(2)

To permit resumption of a nonconforming use that has been discontinued for a consecutive period exceeding six months.

(3)

To permit the use of a tract or tracts in any dwelling district adjacent to any other district, even if separated therefrom by an alley or a street, for the parking of passenger vehicles under such safeguards and conditions of the more restricted property, provided that no other use is made of such tract or tracts.

(4)

To reduce the off-street parking and loading requirements in an amount not exceeding 33 percent of the normal requirement in any of the districts for one or more of the situations listed below, whenever the character or use of a building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the property:

a.

Housing specifically designed and intended for use by the elderly, disabled, or other occupants typically having a lower expectation of automobile ownership and use.

b.

Adaptive reuse or restoration of an historically or architecturally significant building.

c.

Expansion of a nonprofit, public, or social-service use on an existing site.

d.

Conversion of a nonconforming use to what would otherwise be a conforming use except for the parking and loading requirements.

e.

Structural alteration of a nonconforming building to eliminate its nonconformity.

(5)

To preclude an essentially inadvertent taking of property when the circumstances are such that they have not been caused by any action on the part of the property owner.

(d)

The procedures for special exceptions are the same as the procedures for variances in subsection 64-129(c).

(Ord. No. 90-03, pt. 2, 3-6-90; Code 1982, § 28-5-5; Ord. No. 99-03, § IV, 2-16-99; Ord. No. 04-23, § III, 9-21-04)