(A)   Building Official. The Building Official is the city staff member or consultant who is the chief code enforcement officer for zoning and for building construction compliance. The Building Official and his or her alternate are appointed by the City Council. The Building Official shall serve as a staff resource person during those meetings of the Commission, the Board or the Council when a zoning action is before that body.

   (B)   Responsibilities and duties. The Building Official shall have the following responsibilities and duties:

      (1)   Review and participate in staff processing of the following:

         (a)   Building permits;

         (b)   Zoning variance requests;

         (c)   Specific use permits;

         (d)   Rezoning requests; and

         (e)   Special exceptions.

      (2)   Code enforcement:

         (a)   The Building Official is responsible for enforcement of building codes adopted by the Council; and

         (b)   As chief code enforcement officer the Building Official shall issue a stop order or a citation against any person in violation of this chapter and shall revoke any permit where it appears that there is a departure from plans, specifications or conditions as required under the terms of the permit, where the permit was issued by mistake, where the permit was procured by false representation or where any provisions of this chapter are being violated.

(Ord. 08-347, passed - -2008)

   (A)   The Building Official shall be the Zoning Administrator, unless the Council appoints a separate Zoning Administrator.

   (B)   The Zoning Administrator or alternate shall have the following authority and duties:

      (1)   Administer and enforce the provisions of this chapter;

      (2)   Serve as a nonvoting ex officio member, serve as Secretary and maintain the office of record of the Commission and the Board; and

      (3)   Review and coordinate staff activities with respect to the following applications:

         (a)   Zoning variance requests;

         (b)   Specific use permits;

         (c)   Rezoning requests; and

         (d)   Special exceptions.

(Ord. 08-347, passed - -2008)

   (A)   Composition and method of appointment.

      (1)   The Council will serve as the Commission unless and until the Council appoints members of a separate Commission. If the Council appoints members of a separate Commission, the Commission shall consist of five members. The initial appointments of members of a separate Commission may occur at any regular Council meeting. Thereafter, Commission members will be appointed by the City Council for one year terms at the first regular Council meeting following each general city election. Each member of the Commission shall be a resident of the city. Any vacancy on the Commission shall be filled for the unexpired term by the Council at the next regular meeting of the Council after the vacancy occurs. The members of the Commission shall serve without compensation. In the event that no members are appointed to the Commission by the Council at the first regular Council meeting following a general city election, the Council shall again serve as the Commission until the Council appoints members of a separate Commission. In the absence of a separate Commission, any reference in this chapter to the Commission means the Council serving as the Commission.

      (2)   The Chairperson and Vice-Chairperson of the Commission shall be elected by majority vote of the Commission members at the first regular meeting after the appointment of the Commission members by the Council. In the absence of the Chairperson and the Vice-Chairperson at any meeting, an acting Chairperson shall be elected by a majority vote of all members present. If the Council is serving as the Commission, the Council will elect a Chairperson and Vice-Chairperson of the Commission by majority vote at the first regular Council meeting following each general city election.

      (3)   The Zoning Administrator shall be a nonvoting ex officio member of the Commission, shall serve as secretary of the Commission and shall maintain the records of the Commission.

      (4)   A quorum of the Commission shall consist of a minimum of three members of the Commission and any issue shall be decided by a majority vote of those members present unless otherwise provided in this chapter or state law. The member serving as Chairperson for the meeting is entitled to vote but has no veto power.

   (B)   Meetings.

      (1)   The Commission shall meet upon call of the Mayor, Zoning Administrator or Chairperson when there is a case to be heard by the Commission or when there is other business to be conducted that is within the responsibility of the Commission.

      (2)   All meetings of the Commission shall be open to the public and minutes shall be kept and maintained as public records.

      (3)   The meetings of the Commission are subject to the Open Meetings Law. Notice shall be posted and record minutes kept according to law.

   (C)   Authority. The Commission shall have the following powers and duties:

      (1)   Review applications for zoning changes, hear public comments and make recommendations to the Council regarding the applications;

      (2)   Review applications for specific use permits, hear public comments and grant, grant with modification or deny the applications;

      (3)   Recommend to the Council amendments, extensions and additions to the comprehensive master plan of the city, including the land use plan and the thoroughfare plan;

      (4)   Make reccomendations to the Council on proposed changes to the official zoning map of the city;

      (5)   When appropriate, make a determination of appropriate zoning or use; and

      (6)   Perform other duties as may be duly delegated to them from time to time by the Council or as described in this chapter or state law.

   (D)   Appeal. Where an appeal is provided for in this chapter or state law, a person aggrieved by any action of the Commission must submit the appeal to the Council at the next regular Council meeting that occurs after the action by the Commission.

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   The Council shall have the following authority under this chapter:

      (1)   Appoint members, and alternate members when appropriate, to both the Commission and the Board;

      (2)   Remove from office members of the Commission and the Board when appropriate;

      (3)   Adopt or reject, after public hearing, changes to any portion of this chapter;

      (4)   Repeal, after public hearing, this chapter or any portion thereof;

      (5)   Act upon recommendations of the Commission concerning amendments, extensions and additions to the comprehensive master plan of the city and to the official zoning map of the city;

      (6)   Receive applications for zoning changes that have been reviewed by the Commission, hear public comments and grant, grant with modification or deny the applications;

      (7)   Hear appeals from applicants concerning actions by the Commission, hear public comment and grant, grant with modification or deny the appeals; and

      (8)   Establish a schedule of fees or charges for any application or action under this chapter.

   (B)   Where an appeal is provided for in this chapter or state law, a person aggrieved by action of the Council may appeal to a court of competent jurisdiction for relief.

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   The Council will serve as the Board unless and until the Council appoints members of a separate Board. If the Council appoints members of a separate Board the Board shall consist of five members to be appointed for a term of two years each. If the Council appoints members of a separate Board, the Council may appoint up to three alternate members to serve in the absence of one or more regular members when requested to do so by the Mayor or the Zoning Administrator. The initial appointments of members of a separate Board may occur at any regular Council meeting, and the terms of the initial members will be until the next general city election. Thereafter, Board members will be appointed by the Council for full two-year terms at the first regular Council meeting following the next general city election. The Council may authorize each member of the Council to appoint one member to the Board. The Council may remove a Board member for cause as found by the Council on a written charge after a public hearing. A vacancy on the Board shall be filled for the unexpired term by vote of the Council. An alternate member shall serve for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members shall be filled in the same manner as a vacancy among the regular members. In the absence of a separate Board, any reference in this chapter to the Board means the Council serving as the Board.

   (B)   Each case before the Board must be heard by at least 75% of the members.

   (C)   The members of the Council may act as members of the Board of Adjustment, upon majority vote by the Council.

   (D)   The Board shall select a Chair at its first meeting after regular appointments are made by the Council. If the Council is serving as the Board, the Council will elect a Chair and Vice-Chair of the Board bv majority vote at the first regular Council meeting following each general city election. Meetings of the Board shall be held at the call of the Chair of the Board, and at other times as determined by the Board or by the Mayor. All meetings of the Board shall be open to the public and notice shall be given in compliance with the Open Meetings Law. The Chair may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the City Clerk and are public records.

   (E)   The Board shall have the authority prescribed in Tex. Loc. Gov’t Code § 211.009 as it may be amended from time to time, including the right to hear and decide an appeal from a decision of the Zoning Administrator, to authorize in specific cases a variance from the terms of this chapter to grant special exceptions, and to hear and decide other matters authorized by this chapter or any other ordinance of the city.

   (F)   The concurrent vote of 75% of the members of the Board shall be necessary to:

      (1)   Reverse an order, requirement, decision or determination of the Zoning Administrator;

      (2)   Decide in favor of an applicant on a matter on which the Board is required to pass under this chapter; or

      (3)   Authorize a variation from the terms of this chapter.

   (G)   (1)   Any of the following persons may appeal to the Board a decision made by the Zoning Administrator:

         (a)   A person aggrieved by the decision; or

         (b)   Any officer, department or board of the city affected by the decision.

      (2)   The appellant must file with the Board and the Zoning Administrator a properly completed notice of appeal, specifying the grounds for the appeal, within 20 days of the date of the decision.

      (3)   Upon receiving the properly completed notice, the Zoning Administrator will make all city records related to the appeal available to the Board. An appeal stays all city enforcement proceedings that relate directly to the matter that is being appealed unless the Zoning Administrator certifies in writing to the Board facts supporting the opinion of the Zoning Administrator that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, after notice to the Zoning Administrator, if due cause is shown.

      (4)   The Board shall set a reasonable time for the appeal hearing and 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 decide the appeal within a reasonable time. A member of the Council who serves on the Board may not bring an appeal.

   (H)   Any of the following persons may present to a District Court, county court or county court at law a verified petition stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality:

      (1)   A person aggrieved by the decision of the Board;

      (2)   A taxpayer; or

      (3)   An officer, department, board or bureau of the city.

   (I)   The procedures provided by Tex. Loc. Gov’t Code, § 211.011, as it may be amended from time to time, shall govern the judicial review of the Board’s decision.

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   Purpose. The purpose of a specific use permit is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Specific uses are generally compatible with the permitted uses in a particular zoning district, but they require individual review of their proposed location or design, and the imposition of conditions in order to ensure the appropriateness of the use at the particular location.

   (B)   Required. To utilize a tract for those purposes which are authorized as specific uses within each zoning district, a specific use permit is required from the Commission.

   (C)   Application.

      (1)   The application for a specific use permit must be made by the title holder or his or her attorney in fact.

      (2)   An application for a specific use permit shall be obtained from the City Clerk, 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 § 155.045. The maps and plans shall become a part of the application; and

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

   (D)   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 for the application to be complete, the Zoning Administrator will advise the applicant.

      (3)   Should the application be incomplete or 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 the application and provide the applicant with a written statement as to the reason or reasons for the denial. Upon the denial, the applicant may appeal the denial to the Commission in writing, specifying reasons therefor and describing the specific relief the applicant is requesting.

      (4)   Upon acceptance and filing of an application, the following actions shall be taken.

         (a)   The Zoning Administrator shall prepare a list, using the current tax appraisal map and the current city tax roll, of the owners of all tracts of property in the city that are 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 the application is accepted as complete, place the request on the agenda of the Commission, and schedule a public hearing thereon.

         (c)   The City Clerk shall send a written notice to the applicant and to each of the property owners on the list prepared under division (a) above, stating the purpose of the proposed permit; street address of the property for which the 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 will be mailed at least 11 days before the meeting of the Commission.

         (d)   The agenda of the Commission which includes the public hearing shall be posted in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).

      (5)   The Zoning Administrator shall present the following information to the Commission at the meeting before the public hearing begins:

         (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 services, streets and parking, and upon the local area; and

         (c)   Any recommendations for conditions, 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 written or verbal comments;

         (b)   The Commission may establish reasonable conditions of approval to be included in the permit, 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 use does not conform with the applicable regulations and standards established in this chapter;

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

            3.   The proposed 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 50% of the land area within 200 feet of the subject property; or

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

         (d)   The Commission shall, by majority vote, approve, approve with modifications and/or conditions or deny the application. Specific use permits that are granted shall remain in effect for the duration of the authorized 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 division (D)(6)(b) above;

         (e)   Any person 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. The request must be submitted to the Zoning Administrator within ten calendar days of the Commission’s action. The appeal shall be forwarded to the Council together with a record of the Commission decision; and

         (f)   The same public hearing notice requirements will apply to the appeal as applied to the application before the Commission. The Council shall consider an appeal of the 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. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   Action 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 jointly seeking rezoning of their contiguous tracts (or tracts separated only by a public right-of-way) to the same zoning district shall select an agent to act in their behalf and make application with the Zoning Administrator as stipulated below. The applicants will be required to make a deposit in the amount of the normal application fee pending the Council’s decision on initiating the application.

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

      (4)   The Commission may initiate a change in zoning. The Commission will provide the Zoning Administrator with sufficient instructions to initiate the application, including accurate demonstration of the area for which rezoning is desired and the zoning district or districts requested.

      (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 area for which rezoning is desired, and the 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 division (A)(2) above or the Commission or the Council;

      (2)   An application for a rezoning shall be obtained from the Zoning Administrator, 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 division (A)(2) above;

         (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 must contain the information specified in § 155.045 below;

         (d)   Current zoning district or districts;

         (e)   Requested zoning district or districts. The 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;

         (g)   A landowner is encouraged to consult with the Zoning Administrator before submitting and application; and

         (h)   An application must be accompanied by a nonrefundable filing fee in the amount set by the Council.

   (C)   Processing:

      (1)   Upon application by landowner, the Zoning Administrator will review the application for completeness and compliance with this chapter. Should additional information or modification to the application be necessary, the Zoning Administrator will advise the applicant.

      (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; and

         (b)   The Zoning Administrator shall verify that the map is correct with respect to ownership and zoning district requested or with the Mayor and/or Commission Chairperson, as appropriate, as to delineation of the existing and proposed zoning districts shown thereon.

      (3)   The Zoning Administrator, upon determining that an application is complete, shall then initiate the following actions:

         (a)   Prepare a list, using a current tax appraisal map and the current city tax roll, of all owners of any property in the city that is within the area to be considered for rezoning and within 200 feet of the area;

         (b)   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, and place the request on the agenda of the Commission and schedule a public hearing thereon;

         (c)   Mail a letter to each of the owners of property within the area proposed for rezoning and within 200 feet thereof, 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 letters shall be sent at least 11 days before the date of the public hearing. If a joint public hearing by the Council and the Commission is scheduled on the request, the letters shall state that fact;

         (d)   Post the Commission agenda in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551); and

         (e)   At least 11 days before the hearing date, 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 this sign as part of the rezoning application. It is unlawful for a person to intentionally or knowingly damage, remove, or deface any such sign during the time between initial placement and the city’s final decision on the 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 Zoning Administrator 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; and

         (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. If notice of a joint public hearing by the Commission and Council has been given, the public hearing may be conducted jointly by the Commission and Council;

         (b)   The Commission shall consider the staff statement; and

         (c)   The Commission shall recommend to the Council that the rezoning request should be approved, approved with modification or denied.

      (6)   Council action:

         (a)   The City Clerk shall publish a notice in a local newspaper of a public hearing by the Council on the request at least 16 days before the hearing date. The notice shall state the date, time, and place of the public hearing, the street address of the property, the purpose of the request, and that comments about the request can be made in writing or verbally before the Council. If a joint public hearing by the Council and Commission is scheduled on the request, the notice shall state that fact.

         (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 (if the public hearing is not a joint hearing with the Commission), and shall consider the recommendation of the Commission. If notice of a joint public hearing by the Commission and Council has been given, the public hearing may be conducted jointly by the Commission and Council;

         (c)   The Council shall approve, approve with modification or deny the request. The Council will endeavor to make a decision on the request within 60 days of the date public hearing. The Council must make a decision on the request within 90 days of the public hearing date, or the City Clerk will be required to publish notice of another public hearing on the request and the Council will be required to conduct another public hearing on the request before the Council makes a decision on the request;

         (d)   If the Council is serving as the Commission, the Council may not adopt the proposed change until the thirty-first day after the date the notices of the public hearing before the Commission are sent under division (C)(3)(c) above.

         (e)   A majority vote of the Council members present will be sufficient to approve a request unless a proposed change in zoning is protested in written form and signed by the owners of at least 20% 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; and

         (f)   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 date of the Council public hearing. Protests totaling at least 20% 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. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the City Clerk by the deadline for submitting a written protest for the withdrawal to be effective.

      (7)   Subsequent actions:

         (a)   Should there be any objection to the Council action, the objecting parties must file an appropriate petition within ten days to a court of competent jurisdiction and must submit a copy of the petition to the Zoning Administrator before the petition is filed;

         (b)   If notice has not been received of an appeal within ten full days of the Council action, the City Clerk shall have notice of the enactment of the ordinance published in a local newspaper; and

         (c)   The Zoning Administrator shall have the official zoning map amended as provided in § 155.004(H) above.

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   A variance is a grant of relief from a specific requirement of this chapter, where strict enforcement would result in unnecessary hardship. 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 the condition that is unique to the property in question, where the 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; and

      (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 the reduction shall not exceed 30% 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; and

      (7)   To vary the standards for wireless telecommunication facilities.

   (C)   Procedures:

      (1)   Application.

         (a)   The application for a variance must be made by the property owner or his or her authorized agent.

         (b)   The application must contain the information described in § 155.045.

         (c)   The application will include the variance requested and the reason as to why adhering to this chapter will constitute an exceptional difficulty or hardship upon the owner of the property.

      (2)   Processing.

         (a)   After consultation with the Zoning Administrator, 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 will advise the applicant.

         (c)   Upon completion of review of the application and finding the application to be complete, the following actions shall be taken:

            1.   The Zoning Administrator 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 within the city that is within 200 feet of any portion of the property for which the variance 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 the request on the agenda of the Board and schedule a public hearing;

            3.   The City Clerk shall send a letter to each of the property owners within 200 feet, and to 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 shall be deposited, postage prepaid, in the United States mail at least 11 days before the hearing date;

            4.   The City Clerk will publish notice in a local newspaper of a public hearing by the Board on the request. This notice must appear at least 11 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; and

            5.   The agenda of the Board which includes the public hearings shall be posted in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).

         (d)   The Zoning Administrator 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.   Whether the request complies with divisions (C)(2)(a) and (b) above, and impact of approval of the request upon utility service, streets and parking in the local area; and

            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.

         (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 the stipulations shall constitute a violation of this chapter.

         (g)   Any person aggrieved by the action of the Board may appeal that action as provided in § 155.039.

         (h)   Should the 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 may not be submitted for a full six months. Further, if a granted variance is not accepted and used within 12 full months of approval, the 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. 08-347, passed - -2008; Ord. 2013-08-20-01, passed 8-20-2013)

   (A)   The purpose of a special exception is to authorize a use that would not be permissible generally or without restriction throughout a zoning district but which, if controlled as to area, location, relation to the neighborhood and other restrictions as may be deemed appropriate in each case, would be consistent with the overall intent of this chapter and compatible with surrounding land uses and the character of the neighborhood in which the use is proposed.

   (B)   Special exceptions may be granted by the Board of Adjustment for development only within the city limits, and only for the following:

      (1)   A change from one nonconforming use to another, provided no structural alterations are made, and upon finding that the proposed nonconforming use is not more nonconforming in the district than the previously existing nonconforming use; and

      (2)   To permit the resumption of a nonconforming use that has been discontinued for a period exceeding six consecutive months, subject to compliance with all applicable building and fire codes.

   (C)   Procedures:

      (1)   Application.

         (a)   The application for a special exception must be made by the property owner or his or her authorized agent.

         (b)   The application must contain the information described in § 155.045 below.

         (c)   The application will include the special exception requested and the reason as to why adhering to this chapter will constitute an exceptional difficulty or hardship upon the owner of the property.

      (2)   Processing.

         (a)   After consultation with the Zoning Administrator, 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 will advise the applicant.

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

            1.   The Zoning Administrator 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 in the city that is within 200 feet of any portion of the property for which the special exception 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 the request on the agenda of the Board, and schedule a public hearing.

            3.   The City Clerk shall send a letter to each of the property owners within 200 feet, and to the applicant, stating the purpose of the request; street address of the property for which a special exception 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 shall be mailed at least 11 days before the hearing date.

            4.   The City Clerk will publish notice in a local newspaper of a public hearing by the Board on the request. This notice shall appear at least 11 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 special exception 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 the public hearings shall be posted in a public location at City Hall in accordance with the State Open Meetings Act (Tex. Gov’t Code, Ch. 551).

         (d)   The Zoning Administrator 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.   Whether the request complies with divisions (C)(2)(a) and (b) above, and impact of approval of the request upon utility service, streets and parking in the local area; and

            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.

         (f)   The Board may condition approval of a special exception 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 special exception expires and is no longer valid. Failure to meet the stipulations shall constitute a violation of this chapter.

         (g)   Any person aggrieved by the action of the Board may appeal the action as provided in § 155.039 above.

         (h)   Should the 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 special exception for the same property or a portion of the same property may not be submitted for a full six months. Further, if a granted special exception is not accepted and used within 12 full months of approval, the special exception becomes automatically void.

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

(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013)

   (A)   As soon as practical following annexation, but in no event more than 180 calendar days thereafter, the Zoning Administrator shall, on the Administrator's own or upon application by property owners of the annexed area, initiate proceedings to establish appropriate zoning on the newly annexed territory.

      (1)   The Zoning Administrator shall commence public notification and other standard procedures for zoning amendments as required by law.

      (2)   The proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notices and public hearings).

      (3)   The zoning approval and formal adoption of the ordinance establishing zoning must occur, however, after the annexation takes effect, and as a separate and distinct action by the City Council.

      (4)   From the time an annexation takes effect until action is completed to zone the land, the interim zoning of the land shall be considered to be Mixed Use (MU) District, and all zoning and development regulations of the MU zoning district shall be adhered to with respect to development and use of the land that has been newly annexed.

   (B)   The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the city, must meet the requirements for notification and public hearings as required by law.

   (C)   The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of a petition for annexation, but an annexation petition may not be conditioned upon the approval of any particular zoning classification.

(Ord. 08-347, passed - -2008)

   An application for a zoning change, variance, special exception, special use permit, district overlay or any other action regarding zoning shall contain the minimum requirements of this section and shall comply with the terms herein.

   (A)   The application must be made by the title holders, their attorney-in-fact or a duly authorized agent.

   (B)   The application must contain the following minimum information:

      (1)   Name, mailing address and contact telephone number of the property owners, attorney-in-fact or agent;

      (2)   Legal description and street or mailing address, if any, of the property involved. A copy of the deed to the property, with recording data, and a copy of any power of attorney, or other information as will allow the Zoning Administrator to verify title to the property and the authority of any attorney-in-fact;

      (3)   The application shall be accompanied by the maps and plans as will enable the Zoning Administrator, the Board and Commission to make determinations as may be necessary under the terms of this chapter;

      (4)   A reference to the current zoning district or districts in which the property is situated;

      (5)   Information concerning the change or action requested, including appropriate reference to requested zoning district or districts;

      (6)   A statement that the information contained in the application is, within the knowledge of the applicant, true and correct;

      (7)   The application shall be accompanied by a nonrefundable fee in an amount to be set by the City Council, by resolution, from time to time; and

      (8)   The Zoning Administrator shall review the application for completeness with this subchapter. Within ten business days, written notice of the necessary documents or other information that the applicant failed to provide with the application shall be provided to the owner/applicant (as designated on the application form) for compliance. The written notice shall include the date the application will expire if the necessary documents or other information is not provided. Applications will expire within 45 days of the date the application is delivered to the city or sent to the city by certified mail if the applicant fails to provide the specified documents or other information required in the written notice to the applicant.

(Ord. 08-347, passed - -2008)