(a)

Planning commission established. The planning commission of the city (the "commission" or "PD&Z") is hereby created pursuant to the authority provided in V.T.C.A., Local Government Code § 211.007.

(b)

Number of members; appointment; term.

(1)

The commission shall be composed of seven members. Each member of the commission shall be a resident of the city and shall have no outstanding debts owed to the city.

(2)

Subject to the provisions of subsection (4) below, new PD&Z members will be required to attend two consecutive PD&Z meetings, submit an application to the city secretary, and allow for a background check.

(3)

Each member of the commission shall serve for a period of two consecutive years. A staggered drawing for one-year or two-year terms will initially be established for each current member. Staggered terms to be in effect and commence upon approval of these bylaws. A member of the PD&Z commission may serve more than one term, provided that the member is nominated/appointed in the same manner set forth in this subsection.

(4)

Initially, upon the effective date of this section, the members of the commission shall remain in effect as they are prior to the approval of this section and subject to the staggering of terms required and as mentioned in subsection (3) above.

(c)

Removal; compensation.

(1)

Each member of the commission may be removed by a majority vote of the council, each such removed member shall be notified in writing of council's action.

(2)

Members of the commission shall serve without compensation.

(d)

Vacancies. Vacancies on the commission shall be filled subject to provisions established under subsection (b)(2). Any member of the commission appointed in the manner prescribed in this paragraph shall serve until the end of the term of the PD&Z member to whom the replacement position is made.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

(a)

The zoning board of adjustment shall have the authority to:

(1)

Exercise the appropriate power, authority, duties, and procedures pursuant to the laws of the state, and applicable ordinances of the city.

(2)

To hear and decide where it is alleged there is error in any order, requirement, decision or determination by the zoning official in the enforcement of these regulations. Any person may appeal a decision of the zoning official to the zoning board of adjustment as provided under state law. Such appeal shall be filed with the city secretary no later than 30 days after the date a decision is made, in writing, by the zoning official. If such person or persons fails to file such petition within the 30-day period, then the decision of the zoning official shall become final and binding.

(3)

To authorize variances from these regulations where it is determined that the granting of a variance will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in unnecessary hardship, and so that the spirit of these regulations shall be observed and substantial justice done.

(b)

The zoning board of adjustment shall consist of five members.

(c)

Each case before the zoning board of adjustment shall be heard by at least 75 percent of its members.

(d)

The concurring vote of 75 percent of the members of the board is necessary to:

(1)

Reverse an order, requirement, decision, or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or

(3)

Authorize a variation from the terms of a zoning ordinance.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

(a)

The zoning board of adjustment shall not grant a variance unless it shall, in each case, make specific written findings based directly upon the particular evidence presented to it which support written conclusions that:

(1)

The granting of a variance is necessary to secure appropriate development of a parcel of land which differs from other parcels in the zone by being of such restricted area, shape or slope that it cannot be appropriately developed without modification;

(2)

The granting of a variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood; and

(3)

The variance desired will not be contrary to the general purpose and intent of these regulations.

(b)

The board of adjustment may establish reasonable stipulations of approval or modifications to a plan proposed with a variance, in order to minimize the impact of the variance on surrounding property, preserve the character of the area or protect property in the area.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

Any person may appeal a decision of the zoning board of adjustment to a court of competent jurisdiction. Such petition shall be filed with the court no later than ten days after the filing of the board's decision with the city clerk. If such person or persons fails to file such petition within such ten-day period of time, then the decision of the board of adjustment shall become final and binding.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

(a)

The filing of a notice of an appeal shall stay any proceedings in furtherance of the action appealed from unless the zoning official rendering such decision, determination or interpretation certifies in writing to the board of adjustment and the applicant that a stay poses an imminent peril to life or property, in which case the appeal will not stay further proceedings. The board may review such certification and grant or deny a stay of the proceedings.

(b)

The zoning board of adjustment may reverse, affirm or modify the decision, determination or interpretation appealed from and in so modifying such decision, determination or interpretation, the board of adjustment shall be deemed to 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.

(c)

All decisions made by the zoning board of adjustment shall be provided in writing to the applicant and shall include the following, at a minimum: the action taken by the zoning board of adjustment; any correction or compliance that is necessary to bring a project into conformance; the subsequent procedures or steps that may or shall be taken; and the location, time, date for taking subsequent procedures or steps.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

All applicable fees shall be established with the adoption of a resolution by the council following a recommendation by the planning commission. The planning commission shall review all applicable fees annually or at any other appropriate time for the purpose of determining whether the fees appropriately cover the costs associated with the work being performed by the city or its consultants. Following the annual review, the planning commission shall make its recommendation to the council.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

No land within the city shall be used or occupied and no structures shall be erected or used or occupied except in conformity with these regulations and upon the performance of all conditions set forth herein. However, a structure or use lawfully existing at the date of adoption of these regulations may be occupied as a nonconforming use under the procedures and requirements of these regulations.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

(a)

The default zoning district for any area annexed into the city for full purposes shall be open single-family residential (O-SFR). Notwithstanding the foregoing, the council may establish a different zoning district for land being annexed into the city, based on the city's comprehensive plan, at the same time as the land is annexed into the city limits.

(b)

The city shall allow continuation of prior land use in the annexed area where required by the V.T.C.A., Local Government Code § 43.002.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense.

(Ord. No. 2020-O-15, § 4, 10-19-2020; Ord. No. 2023-O-40, § 4, 12-4-2023)

EXHIBIT A
Wooden Fence Construction Standard Details and Specifications

1.

All wood materials are to be pressure treated wood or cedar.

2.

Minimum size for wooden posts shall be 4-inches x 4-inches.

3.

Masonry pillars or galvanized pipes with 2 inches minimum diameter may be used as fence posts.

4.

Fence posts shall be spaced at 7 feet maximum spacing.

5.

Fence post holes shall be back-filled with concrete up to ground elevation.

6.

Rot boards may be 6 inches or 8 inches in width.

7.

Rot boards shall be 14 feet in length, spanning 3 posts for added strength, except for the end of a run where a 7-foot board must be used for completion.

8.

Three (3) horizontal 2-inch x 4-inch boards shall be placed between each section of posts.

9.

Bottom board shall be within 12 inches of bottom of fence pickets. Top board shall be within 16 inches of the top of pickets. Middle board shall be placed midway of upper and lower boards.

10.

Gates for wooden privacy fences with pickets/ fence boards shall include a diagonal support board.

11.

Gate openings shall be a minimum of 36 inches.

12.

Hardware specifically manufactured for gates shall be used for gates.

(Ord. No. 2023-O-40, § 4, 12-4-2023)