Lucas City Zoning Code
ARTICLE 14
02 ADMINISTRATION
§ 14.02.001 Enforcement and penalties.
Any person, firm, corporation, or political subdivision who violates any of the provisions of these regulations shall be guilty of a misdemeanor and, upon conviction in the municipal court, shall be subject to a fine of not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense and such violation is hereby declared to be a common nuisance which may be abated by the city in any manner authorized by law, including injunction and an action for damages.
(1995 Code, sec. 9-6; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.031 Members and terms of office.
(a)
There is hereby created a board of adjustments consisting of five (5) regular members and two (2) alternate members who shall be appointed by the city council. The members shall serve for a period of two (2) years and until their successors are duly appointed and qualified. Members may be removed for cause by the city council upon written charges and after public hearing. A vacancy for the unexpired term of any member will be filled in the same manner as the original appointment was made.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.032 Meetings.
The board of adjustments will have the authority to adopt rules consistent with state law. Meetings of the board of adjustments shall be held at the call of the chairman and at such other times as the board of adjustments may determine. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustments shall be open to the public. The city shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustments and shall be a public record.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.033 Quorum and voting.
Cases must be heard by a minimum of seventy-five percent (75%) of the members of a board panel. The concurring vote of seventy-five percent (75%) of the members of a panel is necessary to:
(1)
Reverse an order, requirement, decision, or determination of an administrative official involving the interpretation or enforcement of the zoning ordinance;
(2)
Decide in favor of an applicant on a matter on which the board is required to pass under state law, the city charter, or city ordinance; or
(3)
Authorize a variation from the terms of the zoning ordinance. For purposes of this section, administrative official means that person within a city department having the final decision-making authority within the department relative to the zoning enforcement issue.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.034 Powers and duties.
(a)
The board of adjustments shall have the authority, subject to the standards established in chapter 211 of the Texas Local Government Code, as amended, and those established herein, to exercise the following powers and perform the following duties:
(1)
To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or an ordinance adopted under this chapter;
(2)
To interpret the intent of the zoning district map when uncertainty exists because the actual physical features differ from those indicated on the zoning district map and when the rules set forth in the zoning district boundary regulations do not apply;
(3)
To hear and decide special exceptions that are expressly provided for in this chapter;
(4)
To grant variances from the front yard, side yard, rear yard, lot width, lot depth, lot coverage, floor area for structures accessory to single-family uses, height, minimum sidewalks, off-street parking or off-street loading, or landscape regulations provided that:
(A)
The variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;
(B)
The variance is necessary to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and
(C)
The variance is not granted to relieve a self-created or personal hardship, nor for financial reasons only, nor to permit any person a privilege in developing a parcel of land not permitted by this section to other parcels of land with the same zoning.
(5)
Hear and decide special exceptions to the requirements when necessary or appropriate to:
(A)
Permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with any master plan and present no conflict or nuisance to adjacent properties.
(B)
Permit a public utility or public service structure or building in any district with a ground area or of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be located, when found reasonably necessary for the public health, convenience, safety, or general welfare.
(C)
Grant a permit for the extension of a height or area regulation into an adjoining district which divides a lot into a single ownership on the effective date of this chapter.
(D)
Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than fifty percent (50%) of its fair market value, where the board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
(E)
Waive or reduce 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, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(F)
Determine, in cases of uncertainty, the classification of any use not specifically named in this chapter.
(b)
In exercising its authority, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose has the same authority as the administrative official.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.035 Appeals.
(a)
Procedure.
A decision made by an administrative official of the city may be appealed to the board of adjustment by a person aggrieved by the decision or by any officer, department, board or bureau of the city affected by the decision. Such appeal shall be made by filing a notice of appeal with the office of the board and with official from whom the appeal is taken specifying the grounds thereof. The office, official or department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the records upon which the action appealed from was taken. The appeal must be filed within twenty (20) days after the date of the decision of the administrative official from which the appeal is taken.
(b)
Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by a restraining order granted by the board or by a court of record on application, after notice to the official, if due cause is shown.
(c)
Notice of hearing on appeal.
The board shall set a reasonable time for the hearing on the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within five hundred feet (500') or less of street frontage of any point of the lot or portion thereof on which a variation is desired. The city shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall hear and decide the appeal within a reasonable time. Notice of such hearings may be sent by the board in writing, properly addressed to the last known addresses of the proper parties, and such notices shall be deemed complete when deposited in the mail.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.036 Decisions.
(a)
Every decision of the board shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity. The decision shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the office of the city secretary and shall be open to the public for inspection. A true and correct copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be publicly posted in the office of the city secretary for two (2) weeks after the filing thereof.
(b)
The board shall in every case reach a decision without unreasonable or unnecessary delay.
(c)
If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official, or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision.
(d)
Any person, firm, or corporation aggrieved by any decision of the board may present to a court of competent jurisdiction a petition duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Unless such verified petition (appeal) shall be presented to the court within ten (10) days of the date that the decision of the board is filed with the city secretary, the decision of the board shall become final.
(Ordinance 2016-01-00826, sec. 3, adopted 1/7/16; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.060 Zoning upon annexation.
(a)
All territory hereinafter annexed to the city shall be classified as "AO" Agricultural until other zoning is established by the city. The procedure for establishing zoning other than "AO" for annexed territory shall conform to the procedure set forth in this division.
(b)
Following annexation, the city shall schedule public hearings to zone the recently annexed land.
(c)
In an area classified as "AO" Agricultural:
(1)
No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building or use permitted in the "AO" District, unless and until such territory has been classified in a zoning district other than the "AO" District, by the city council in the manner prescribed by this division.
(2)
An application for a building permit for any proposed use other than those specified in the "AO" District must be made to the building official of the city within three (3) months after annexation. If the applicant shows that plans and other preparation for developing the property commenced prior to annexation by the city, the city council may authorize the construction of the project by a majority vote. The action of the city council concerning any such permit shall take into consideration the appropriate land use for the area. Upon approval by the city council, the city manager shall notify the building official.
(Ordinance 2008-10-00631 adopted 10/16/08; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.061 Declaration of policy.
(a)
The council declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:
(b)
Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in the preamble of these regulations.
(1995 Code, sec. 9-7; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.062 Authority to amend.
The council from time-to-time, after receiving a final report thereon by the commission and after public hearings required by law, may amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts. Any amendment, supplement, or change may be ordered for consideration by the council, be initiated by the commission, or be requested by proposal of the owner of the property or by a person holding a lease on the property with the consent of its owner. The commission on its own motion or on request of council may initiate consideration of a change in any district boundary or zoning regulation whenever it finds that public benefit will derive from consideration of such matter.
(1995 Code, sec. 9-8; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.063 Procedure.
(a)
Proposal required.
Every proposal to amend these regulations shall be considered in light of the above declaration of policy and by the purposes enumerated in section 14.01.002 (interpretation and purposes).
(b)
Public hearing and notices.
(1)
Prior to making its report to the council, the commission shall hold at least one public hearing thereon.
(2)
Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, located within five hundred feet (500') of any property affected thereby before the fifteenth (15th) day before such hearing is held. Such notice may be served by using the last known address as listed on the city roll and depositing the notice, postage prepaid, in the United States mail.
(3)
Posting of property.
Not less than fifteen (15) or more than forty-five (45) days prior to the date set for the public hearing on any proposed changes in district boundaries, the city shall erect at least one notification sign on the affected property. Such sign(s) shall be erected within twenty-five (25) feet of whatever boundary line of such land that abuts the street of the advertised address. If no public road abuts thereon, then such sign shall be erected along the nearest opened public right-of-way. Signs shall be erected in such a manner as may be most readily seen by the public. Each sign shall indicate a proposed land use change, a public hearing will be held, the telephone number to call and the website to visit for further information. If the affected land includes more than one (1) tract as shown on a plat recorded in the land records of the county, then a sign shall be erected on the land in each such tract. Any such sign shall be maintained on the property at all times until a decision on the application has been made by the city council.
(c)
Commission report.
The commission, after the public hearing is closed, shall prepare its report and recommendations on the proposed change stating its findings and evaluation of the request and of the relationship of the request to the comprehensive plan.
(d)
Council consideration.
(1)
Proposal recommended for approval.
Every proposal which is recommended favorably by the commission shall be forwarded to the council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication as required by law.
(2)
Proposal recommended for denial.
When the commission determines that a proposal should be denied, it shall so report and recommend to the council. No hearing shall be set on the proposal until and unless the council receives an appeal as provided below.
(3)
Appeal procedure.
An appeal from the decision of the commission may be taken whenever any party in interest is aggrieved by the action of the commission on a specific proposal. The following procedure shall be required:
(A)
The aggrieved party shall file a written appeal with the director of development services within thirty (30) days following the commission action. The director of development services shall forward the appeal to the council with the regular report of commission action on the subject proposal.
(B)
Upon receipt of written appeal, the council shall schedule a public hearing on the original proposal and recommendation.
(4)
Council hearing and notice.
The council may from time-to-time amend, supplement, or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement, or change shall be held by the council. Notice of council hearing shall be given by publication one time in the official paper of the city, stating the time and place of such hearing, which time shall not be earlier than fifteen (15) days from the date of publication.
(5)
Negative recommendations and written protest.
An amendment, supplement, or change shall not become effective except by favorable vote of three-fourths (3/4) of all members of the council, if:
(A)
The commission recommends disapproval of the proposed change; or
(B)
Written protest is filed by the owners of at least twenty percent (20%) of either:
(i)
The area of the lots or land included in such proposed change; or
(ii)
The area of the lots or land immediately adjoining the area of such proposed change and extending five hundred feet (500') therefrom.
Protests signed by property owners may be filed prior to or at one of the public hearings conducted by either the commission or the council. Written protests filed with the commission shall be forwarded to the council with the commission's recommendation.
(1995 Code, sec. 9-9; Ordinance 2005-08-00532, sec. 1, adopted 8/1/05; Ordinance 2015-08-00816 adopted 8/20/15; Ordinance 2023-05-00981 adopted 5/4/2023; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.064 Limitation on reapplication.
When the city council has denied a proposal with prejudice, or when the applicant has withdrawn his proposal at the commission or city council meeting thereon, no new applications of like nature shall be accepted by the city or scheduled for hearing by the commission within a period of twelve (12) months of the date of the council denial with prejudice or applicant's withdrawal. Provided, however, on receipt of written request by the original applicant stating how conditions have changed substantially in the community since prior consideration of his proposal so as to justify an earlier review of this matter, the city council may waive the mandatory delay period and authorize the acceptance of a new application.
(1995 Code, sec. 9-10; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.081 Generally.
(a)
A specific use permit allows uses compatible with other permitted uses, provided the uses meet the specific criteria established by the city under this section.
(b)
The city council may authorize the granting of a specific use permit, by an affirmative vote, after notice to all parties affected and a public hearing, in accordance with state law, and after recommendation from the planning and zoning commission that the use is in general conformance with the comprehensive plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property.
(c)
Specific use permits shall not be used to legalize nonconforming structures or uses, and shall not be used when a variance, deviation, waiver or minor modification could be used to achieve the same result.
(d)
A development plan shall be submitted concurrently with the application for a specific use permit. However, development plans will not be approved until the specific use permit is approved by the city council. Approval of the specific use permit does not constitute approval of a development plan.
(e)
Uses permitted by a specific use permit shall not be enlarged or substantially modified, structurally altered, or otherwise significantly changed without an amendment to the specific use permit. Amendment to a specific use permit requires the same processes and procedures as an original specific use permit application, specifically, public notice and hearing. Minor changes or alterations or changes that do not alter the basic relationship of the proposed development to adjacent property or expand the use into other portions of the building or property and may be approved by the development services director. Changes or alterations that change the uses permitted, increase the density, building height, coverage of the site, off-street parking ratio, or area regulations are not minor changes and must be considered through the amendment process.
(f)
All recommendations made by the city planning and zoning commission to the city council shall be considered advisory in nature and shall not be binding upon the governing body; the city council shall have the sole and final authority to grant or deny any request for specific use permits.
(g)
The board of adjustment does not have authority to hear an appeal or act on an application for a specific use permit.
(h)
A specific use permit may be granted for those uses indicated by "S" in the schedule of uses chart in section 14.03.801(e).
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.082 Application and processing.
(a)
Any individual, partnership, corporation, or group of persons having a proprietary interest in any property, upon proof of such, may file an application with the planning and zoning commission for a specific use permit.
(b)
The application for a specific use permit shall be accompanied by a development plan and site plan, as applicable. The city shall make available application forms specifying application requirements. The application shall include:
(1)
A site plan that includes the dimensions, bearings, and street frontage of the property;
(2)
The location of buildings, structures, and uses;
(3)
The method of ingress and egress;
(4)
Off-street parking and loading requirements, as applicable;
(5)
Screening, lighting, and landscaping, as applicable;
(6)
A traffic impact analysis if the development services director determines that the analysis is necessary;
(7)
Any other information the development services director, planning and zoning commission or city council determines necessary for a complete review of the proposed development which may include, but is not limited to additional information or drawings, operating data, expert evaluation, or testimony concerning the location, function, or characteristics of any building or proposed use.
(c)
The planning and zoning commission shall provide notice and hold a public hearing in accordance with section 14.02.063.
(d)
Following the public hearing by the planning and zoning commission, the commission shall make a recommendation for the city council at the properly noticed public hearing, where the council shall consider the granting or denial of the specific use permit.
(e)
In recommending that a specific use permit be granted, the planning and zoning commission and city council shall determine that such uses are compatible with the building structures and uses of abutting property and other property in the vicinity of the premises under consideration and shall make recommendations for conditions and requirements to be included in the specific use permit. In approving the requested specific use permit, the planning and zoning commission and city council may consider the following:
(1)
Whether the use is compatible with surrounding existing uses or proposed uses;
(2)
Whether the use requests by the applicant are normally associated with the permitted uses in the base district;
(3)
Whether the nature of the use is reasonable;
(4)
Whether any negative impact on the surrounding area has been mitigated;
(5)
Any additional conditions specified to ensure that the intent of the district purposes is being upheld.
(f)
The conditions and requirements approved by the council shall be set forth in the ordinance granting the specific use permit, including, but not limited to, attached site plan drawings and other depictions of design and use elements.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.083 Zoning amendment and limitations.
(a)
Each specific use permit granted under the provisions of this chapter shall be considered as an amendment to the comprehensive zoning regulations applicable to such property. When the city council authorizes granting of a specific use permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditional and limited uses, said amendment to indicate the specific use by an "S" designation.
(b)
In granting any specific use permit, the city council may impose conditions and requirements as necessary and which shall be complied with by the grantee before any building permit is issued and as an ongoing requirement to retain a certificate of occupancy.
(c)
A building permit shall be obtained from the city not later than six (6) months after the effective date of the ordinance granting the specific use permit if new construction is required to comply with the specific use permit, provided however, the director of development services may authorize one extension not to exceed six (6) months.
(d)
If the planning and zoning commission denies an application for a specific use permit, the application will not be considered by the city council unless the applicant requests the application be forwarded to the city council within ten (10) days of the planning and zoning commission denial of the application. If the applicant timely requests the application for specific use permit be forwarded to the city council, approval of the specific use permit by the city council shall require the affirmative vote of seventy-five percent (75%) of the city council.
(e)
Following the denial of a specific use permit, no new application for the same or a substantially similar request shall be accepted within one year of the date of denial unless it is determined by the development services director there has been a substantial change in the area or in the request in which the specific use permit has been requested.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.084 Expiration, termination, revocation.
(a)
A specific use permit shall expire if a required building permit has not been issued within the time required in this section, or if a building permit has been issued but has subsequently expired. If a building permit is not required, the specific use permit shall expire six (6) months after the effective date of the ordinance granting the specific use permit if a certificate of occupancy is not obtained. If the specific use permit expires in accordance with this section, the property shall conform to the regulations of the original zoning district of such property.
(b)
A specific use permit shall terminate if the property for which the specific use permit was issued is vacant, or the building or property, though still occupied, is not being used for the purpose for which the specific use permit was granted for a period of six (6) months. The development services director may grant one six (6) month extension upon written request by the owner of the property. Such written request shall be filed with the development services director no later than one hundred fifty (150) days after the onset of the vacancy. If the specific use permit terminates in accordance with this section, the property shall conform to the regulations of the original zoning district of such property.
(c)
A specific use permit may be revoked if the owner fails to meet the conditions and requirements set out in the ordinance granting the specific use permit. Revocation of a specific use permit may be recommended by the planning and zoning commission to the city council after proper notice and public hearing. After proper notice and public hearing, the city council may consider the planning and zoning commission's recommendation for revocation of a specific use permit. If the specific use permit is revoked in accordance with this section, the property shall conform to the regulations of the original zoning district of such property.
(Ordinance 2022-05-00950 adopted 5/5/22; Ordinance 2024-03-00998 adopted 3/21/2024)
§ 14.02.111 Submission of final plans.
(a)
After approval by the planning and zoning commission of the site plan, architectural plan, and landscaping plan, the developer shall, within twelve (12) months thereafter, submit to the city three (3) copies, one (1) electronic copy, and one (1) mylar copy of the final site plan and the final landscaping plan. At the same time, three (3) copies of the final construction plans for the development shall be submitted to the city and three (3) copies of the final construction plans to the city engineer.
(b)
In the event that the developer does not submit final plans within the twelve (12) months, the plans approved by the planning and zoning commission shall be considered as being void and must be resubmitted to planning and zoning commission along with payment of all appropriate fees.
(c)
After acceptance of the final plans by the city council, one (1) set each of the final site plan, the final landscaping plan, and the construction plans shall be returned to the developer signed by the city engineer and the mayor for the city council that the plans are approved for construction.
(d)
All final plans shall be in strict accordance with those approved by the planning and zoning commission including all conditions of approval. It shall be unlawful to issue a building permit prior to final approval of the site plan and landscaping plan by city council. As to proposed development located in the VC district, it shall further be unlawful to issue a building permit prior to approval of final construction plans by the city council.
(1995 Code, sec. 9-150; Ordinance 2024-03-00998 adopted 3/21/2024)