Two copies shall be filed with the city secretary, one of which shall be retained as the original record and shall not be changed in any manner, and the second shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

One copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits, certificates of occupancy and compliance and for enforcing the zoning ordinance.

One copy shall be maintained in the records of the city council for reference purposes and shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

Reproductions of the official zoning district maps may be made from time to time for information purposes. The map may be updated as individual zoning requests are approved.

Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

Boundaries indicted as approximately following city limits shall be construed as following city limits.

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

Boundaries indicated as parallel to or extensions of features indicated in above shall be construed. Distances not specifically indicated on the original zoning map shall be determined for the graphic scale on the map.

Boundaries indicated as parallel to or extensions of features indicated above shall be construed. Distances not specifically indicated on the original zoning map shall be determined from the graphic scale on the map.

Whenever a street, alley or other public way is vacated by official action of the city council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of 1 through 7 above, or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A Agricultural District, temporarily. In an area determined to be temporarily classified as A Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale to be done, nor shall any use be located therein or on the land which is not permitted in an A Agricultural District, unless and until such territory has been zoned to permit such use by the city council. It shall be the duty of the city council to determine a permanent zoning for such area as soon as practicable.

No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the City of McLendon-Chisholm without first applying for and obtaining a building permit or certificate of occupancy from the mayor or his/her designee or the city council, as may be required.

No permit for the construction of a building or use of land shall be issued by the mayor or his/her designee other than a permit which will allow the construction of a building permitted in a zoning district other than the agricultural district by the city council in the manner prescribed by law.

The lot or tract is part of a plat of record, properly approved by the mayor or his/her designee, and filed in the plat records of the county or counties in which the lot or tract is located.

The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of this ordinance or prior to annexation to the city, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this ordinance may be issued on each such original separately owned parcel.

The plot or tract is all or part of a site plan officially approved by the city council and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land. Any and all plots, tracts, or lots must be provided access via a public street or drive.

Any and all plots, tracts or lots must be provided access via a public street or drive.

The city council may, upon proper application and in conformance with such terms and conditions as the council may impose, grant an exception or exceptions to the building codes of the city as justice and fairness may allow; provided, however, that no exception shall be granted where it appears that a hazardous or unsafe condition may result. Such special exceptions may be granted by the council when not contrary to the public interest and where literal enforcement of the terms of the building codes may result in unnecessary or undue hardship.

The exact sizes and locations on the lot of buildings already existing, if any

The location and dimensions of the proposed building or alteration by the mayor or his/her designee, including:

Existing or proposed building or alteration

Number of dwelling units, or rental units in the building being proposed

Conditions existing on the lot

An other information as may be necessary to determine compliance with applicable provisions of the building code and this ordinance.

Written notice of such hearing shall be sent to the owner of the property or his agent and to all owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than 11 days before the date of such hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by one publication in the official newspaper at least 15 days before the time of the hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken.

An application for any change of zoning classification shall include names and addresses of all real property owners lying within 200 feet of the property on which the change in classification is proposed. The application shall also include a map showing the parcels within 200 feet of the property to be reclassified, each parcel to include the name of the property owner and legal description.

If, at the conclusion of the hearing, the planning and zoning commission recommends amendment of this ordinance to the city council, said recommendation shall be by a final report of the planning and zoning commission recorded by the affirmative votes of not less than a majority of its total membership present and voting. A copy of any recommended amendment shall be submitted to the city council and shall be accompanied by a report of findings, summary of hearing and any other pertinent data.

The planning and zoning commission may recommend denial of an application with or without prejudice against the applicant to re-file the application. If the commission recommends denial of the application and fails to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against re-filing. If it is later determined by the council that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one year waiting period.

If the planning and zoning commission has recommended approval of an application or if the planning and zoning commission has recommended denial of an application the city council shall set said application for public hearing and shall give notice of the time and place of the hearing by one publication in the official newspaper at least 16 days prior to such hearing, and in addition shall send written notices to the owner of the property or his agent, and to all property owners of real property lying within 200 feet of the subject property.

In the case of a protest against an amendment to the ordinance signed by the owners of 20 percent or more, either of the area of the lots or land immediately adjoining the area included in the proposed change and extending 200 feet from that area, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council of the City of McLendon-Chisholm.

In considering a motion to deny a zoning application, or upon voting to deny a zoning application, the city council may further consider whether said application shall be denied with or without prejudice against re-filing. If the city council shall deny the application and fail to clearly state the same is being denied with prejudice, then it shall be deemed that said application is being denied without prejudice against re-filing. If an application is denied with prejudice, no application may be filed for all or part of the subject tract of land for a period of one year from the date of denial by the city council. If it is determined by the planning and zoning commission that there has been a sufficient change in circumstances regarding the property or in the zoning application itself, it may waive the waiting period and grant a new hearing. Newly annexed land which has been given agricultural zoning is exempt from the one year waiting period.

A zoning board of adjustment is hereby established in accordance with the provisions of Texas Local Government Code, § 211.008, as amended, regarding the zoning of cities and with the powers and duties as provided in said Code.

The zoning board of adjustments shall consist of five citizens of McLendon-Chisholm, each to be appointed or re-appointed by the city council and confirmed by the city council.

Members of the board shall serve for staggered terms of two years each. Three members and one alternate shall serve until June 30th of odd-numbered years, as heretofore appointed, and two members and one alternate, as heretofore appointed, shall serve until June 30th of even-numbered years, and therefore each member reappointed for each new appointee shall serve for a full term of two years unless removed as hereinabove provided.

A quorum shall consist of three members to convene and conduct administrative action. However, four members are necessary to hear testimony and action on any quasi-judicial matter before the board.

The city council may appoint four alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so by the chairperson of the board, so that all cases to be heard by the board will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.

Vacancies shall be filled by the city council for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made.

The board shall elect its own chairperson, who shall serve for a period of one year or until a successor is elected.

The hearings of the board shall be public. However, the board may go into executive session for discussion, but not for vote on any case before it. The board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any permit is pending, and shall also hear any other parties in interest.

Regular meetings of the board shall be held at such times as the board may determine. Special meetings of the board shall be held at the call of the chairperson or at the written request of two regular members of the board, said request to be submitted to the chairperson.

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

The board shall act by resolution in which four members must occur.

The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the zoning administrator and the mayor or a designee, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.

Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by a mayor or his/her designee in the enforcement of this ordinance;

Hear and decide special exceptions to the terms of the zoning ordinance; in this regard the board may grant only special exceptions that are authorized by the express terms of the ordinance;

Authorize in specific cases a variance from the terms of the zoning ordinance if 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;

Hear and decide other matters authorized by the council;

To consider, decide, and make provisions for the amortization of an owner’s investment in nonconforming uses or structures when specifically requested by the city council; and

To subpoena witnesses, administer oaths and require the production of documents.

Reverse an order, requirement, decision or determination of a mayor or his/her designee;

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

Authorize a variation from the terms of a zoning ordinance;

Find and determine an appropriate amortization schedule or duration such that a nonconforming use or structure may be allowed to continue until fully amortized in accordance with such schedule or duration.

Appeals may be taken to and before the zoning board of adjustment by any person aggrieved, or by any officer, department, board or bureau in the city. Such appeal shall be made by filing in the office of the mayor or a designee a notice of appeal and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the board all of the papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the mayor or a designee shall certify to the zoning board of adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal was taken.

The board shall fix a reasonable time for the hearing of 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 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.

Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of the provisions due to an irregular shape of the lot or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare.

Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alteration of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its own general purpose and intent, but only when the board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the comprehensive plan as established by this ordinance and at the same time, the surrounding property will be properly protected.

The board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the mayor or his/her designee in the enforcement of this ordinance. Except as otherwise provided herein, the board shall have, in addition, the following specific powers: